WILL: George A. Bartholick; Rochester, Monroe co., New York surname: Bartholick, Johnson, Barbeau, Kirley, Wicks, Wiggins, Cady, Carbine, Bradt, Wood submitted Kent Bartholic (102604.7 at compserve.com) by*********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm http://files.usgwarchives.org/ny/monroe/wills/v17/bartholick-george.txt *********************************************************************** Source: Monroe co NY Will Book Vol 17 page 460 Written: 2 Jun 1888 Probated: 29 May 1888 Record of Will City of Rochester Monroe County State of New York May 29, 1888 I, George A. Bartholick of the City of Rochester Monroe County and State of New York, being of sound mind and memory, do hereby make, declare, and publish this to be my last will and testament hereby revoking any and all former will by me made. Vid: First Clause: I will and bequeath, to my wife Julia C. Bartholick the sum of seven thousand dollars ($7,000.00) including a house and lot that I purchased for her in Detroit Michigan, at a cost of about ($1496.00) fourteen hundred and ninety six dollars; also including an insurance on my life of ($2,000.00) i.e. - two thousand dollars to be realized after my death, leaving a balance of ($3504.00) three thousand five hundred and four dollars, to be paid to her in cash by my executors after my death. I also give and devise to my said wife a lot of land situated in Detroit, Michigan recently purchased by me for the sum of $653.00 six hundred and fifty three dollars, adjoining her place there, to have and to hold to her, her heirs, and assigns forever. The provision herein made for my said wife, is hereby declared to be in lieu and full satisfaction of all dower interest or claim as widow of in and to my estate real and personal whatsoever. Second Clause: I will give and bequeath to my step-daughter Charlotte A. Johnson vid: the daughter of my said wife the sum of three thousand dollars ($3,000.00). Also my painted portrait, my double cased gold watch and chain to have and to hold the same to her, her heirs and assigns forever, provided always and upon the expressed condition that my said wife accepts the provision herein in said first clause of this my last will and testament made for her, otherwise the bequest in this second clause of my last will and testament shall lapse and be null and void. Third Clause: I give and bequeath to my niece Louisa Barbeau now the wife of Andrew J. Kirley, of the City of Rochester aforesaid (besides the real estate I have already given her,) my cottage and furniture therein and the lease of the grounds upon which it stands at Troutburgh in East Kendall, Orleans Co., NY. Also a bond and mortgage held by me, made and made and executed by Charles T. Bush to secure the principal sum of ($5100.00) five thousand and one hundred dollars and assigned to me by the said Louisa Kirley. I also give and bequeath to my said niece Louisa Kirley, the following personal property vid: the picture of Pocahontas; ___ the two large painted portraits hanging in the sitting room; the leather covered trunk in my office "Dr. G.A.B. Rochester" made by my grandfather; also the contents of said trunk (except money or securities for money if any contained therein); also my large bible, the table spread she made for me, and one half of my library of books; which said personal property in in the dwelling house occupied by me being No. 23 Glasgow St. in the City of Rochester to have and to hold the same to her, her heirs, and assigns forever. Furthermore the amount of personal property and real estate that I bequeath to Mrs. Andrew J. Kirley, formerly Louisa Barbeau - I will that it i.e. the personal property and real estate aforesaid shall include and be accepted by her as containing and in full payment of any financial demand of any nature whatsoever, such as any rent or rents or interest of any real estate occupied or controlled by me during my lifetime and owned by her, and in case that the aforesaid Mrs. Andrew J. Kirley should not accept the above conditions then the entire bequest of personal property and real estate which I make to the aforementioned Mrs. Andrew J. Kirley shall revert to my estate. Fourth Clause: I give and bequeath to my said wife Julia C. Bartholick and her daughter Charlotte A. Johnson in trust the sum of three hundred dollars, ($300.00) to be used and expended by them as soon as practicable for the benefit and relief of poor unfortunate working girls of the City of Detroit Michigan, in such sums in such manner, and to such persons as they in their discretion, may deem proper, without regard to the nativity, age, or religious tenets of the subjects of such charity: preference being given to such as have invalid relatives depending upon them for support; in the exercise of their best judgement. Fifth Clause: I hereby will and bequeath to my niece Louisa Kirley in trust the sum of three hundred dollars ($300.00) to be used and expended by her for the benefit and relief of the poor unfortunate working girls of the City of Rochester aforesaid upon same terms and conditions in all respects as provided in the above "Fourth Clause". Sixth Clause: I hereby will and bequeath to my niece Ellen Wicks daughter of my brother Jonathan T. Bartholick in trust the sum of three hundred dollars ($300.00) to be used and expended by her for the benefit and relief of the poor unfortunate working girls of Tarantum Allegheny County Penn. upon the same terms and conditions in all respects as provided in the above fourth clause of this my last will and testament. Seventh Clause: I will and bequeath to my housekeeper Lizzie Wiggins the things in the North east room upstairs in my house 23 Glasgow St. where inside consisting of one bedstead and bedding; one bureau, one commode and two black walnut chairs; a small marble top stand; two large easy chairs; the rug couch bought when I was sick in the month of March 1888; the large crayon portraits of myself; the side board now used in my dining room; the large marble top stand and large lamp. I also give and bequeath to the said Lizzie Wiggins the bond and mortgage I hold against Mrs. Margaret Waite two hundred dollars ($200.00) willed to said Mrs. Waite to be credited thereon in case her husband fails to realize the pension applied for by him from the United States Government; but provided her husband does receive such pension, the aforesaid Lizzie Wiggins is to have the whole of the aforesaid mortgage absolutely to have and to hold to her, her heirs and assigns forever. I also give and bequeath to the aforesaid Lizzie Wiggins a legacy of five thousand ($5,000.00) dollars in addition to the above in cash or in a bond and mortgage to be assigned over to her by my executors or by the survivor of them hereinafter named, to have and to hold the legacies and bequeaths herein made to her, her heirs and assigns forever. Eighth Clause: I hereby give and bequeath to Mrs. Margaret Waite of the City of Rochester the sum of two hundred ($200.00) dollars to be credited or applied as a payment upon the bond and mortgage I hold against her (and bequeathed i.e., the aforesaid bond and mortgage to Lizzie Wiggins in and by the "Seventh Clause" of this my last will and testament) in case her husband fails to obtain the pension he has applied for to the United States Government, but in case he does obtain such pension then the payment of the aforesaid two hundred ($200.00) dollars is not to be made and furthermore the aforesaid legacy is not to be paid until the aforesaid pension claim is rejected by the Pension department. Ninth Clause: I will and bequeath to Benjamin F. Cady and V. R. Cady of Adams Basin Monroe Co. N.Y. the amount secured by chattel mortgage on their property held my me, being the sum of three hundred dollars ($300.00) to be applied on the interest of the bond and mortgage which I also hold against them provided that neither of the said mortgages is settled up before my death; the above ($300.00) is to be applied on the bond and mortgage held by me against their property at Adams Basin. Tenth Clause: I will, devise and bequeath to Albert F. Bartholick, Jonathan W. Bartholick and Ellen Bartholick, children of my brother Joshua T. Bartholick my brick house_ designated by the present street numbers 111 and 113 and know(n) as the "American House" and situated on the west side of Front St. in the City of Rochester aforesaid and the appurtenances thereto belonging. Also the three houses and lots owned by me, situated on Edenburgh St. in the City of Rochester aforesaid near to or adjoining the railroad track; Also the three houses and lots owned by me and situated on the front and rear of No. 291 Plymouth Avenue, in the City of Rochester, aforesaid; also the house and lot owned by me, and bought of Charles Leight and situated on Summer Alley in the City of Rochester aforesaid. Eleventh Clause: It is further provided that in case my said wife, Julia C. Bartholick, shall decline or refuse to accept the provision made for her in and by the "First Clause" of this will upon the condition therein stated, that then I hereby will and bequeath and devise the property, legacies and devises mentioned and provided in the said "First" and "Second" Clauses of this will to the said three children of my brother Joshua T. Bartholick and above mentioned in the "Tenth clause" of this my last will and testament provided that all other specific legacies of this will have been paid. And all the property mentioned in the "Tenth Clause" of this my last will is to be divided equally between said children share and share alike and to their respective heirs and assigns forever. Twelfth Clause: I hereby will and bequeath to Mrs. Ann Carbine of the City of Rochester aforesaid a legacy of one hundred dollars ($100.00) to have and to hold to her, her heirs and assigns forever, provided that she survives me, and not otherwise. Thirteenth Clause: I hereby will and bequeath to the "Rochester City Hospital" so called situated on West Avenue in the City of Rochester aforesaid the sum of three hundred dollars ($300.00) for the use and benefit of said institutions for its legitimate objects and purposes. Fourteenth Clause: I hereby will and bequeath to the Rochester Orphan Asylum so called situated on _____ Park in the City of Rochester aforesaid the sum of three hundred dollars ($300.00) for the use and benefit of said institution for its legitimate objects and purposes. Fifteenth Clause: I hereby will and bequeath to "St. Mary's Hospital" so called situated on West Avenue in the City of Rochester aforesaid the sum of three hundred dollars ($300.00) for the use and benefit of said institution for its legitimate objects and purposes. Sixteenth Clause: I hereby will and bequeath to the Rev. Charles Flaherty of Mount Morris, N.Y. the sum of fifteen thousand dollars ($15,000.00) possessed by him as his own individual personal property or to be dispensed by him in such charities as he may see fit. especially toward the old and infirm. Seventeenth Clause: I hereby will devise and bequeath all the rest residue and remainder of my estate real and personal whatsoever unto the said Mrs. Andrew J. Kirley (formerly Louisa Barbeau) Albert F. Bartholick, Jonathan W. Bartholick, and Ellen Bartholick to be divided equally between them share and share alike to their respective heirs and assigns forever. Eighteenth Clause: I hereby nominate constitute and appoint the aforesaid Rev. Charles Flaherty of Mt. Morris Livingston Co. N.Y. and Andrew J. Kirley of the City of Rochester Monroe Co. N.Y. executors of this my last will and testament and furthermore I will that in case of the death of either of the executors of this my last will and testament the survivor alone shall act as the sole executor of this my last will and testament; and I hereby revoke all and any wills and codicils by me at any time. And I hereby give and grant unto my said executors or to the survivior of them full power and authority to bargain sell and convey any and all real estate of which I may die seized and possessed (not herein specifically devised) upon such terms and conditions as they or the survivor of them think best and to do all things necessary according to their best judgement for that purpose: and they are hereby directed as far as practicable to execute and to carry out the provisions of this will in a fair just liberal and legal manner as provided by law. Lastly, it is my will and devise that proper leniency be shown those who are indebted to my estate, especially to obligors and mortgagors in immoderate circumstances as far as practicable without prejudice to the interests of any of the ______ or devises under this will. In testimony whereof. Witness my hand and seal at the City of Rochester aforesaid this 2nd of June 1888 - in the year of Our Lord Eighteen hundred and eighty eight. G.A.Bartholick L.S. The foregoing instrument in writing was at the date thereof subscribed by the said George A. Bartholick the testator therein named, in our presence and in the presence of each of us, and he at the same time declared the above instrument so subscribed to be his last will and testament and we at his request, and in his presence and in the presence of each other have signed our names as attending witnesses. Joseph Bradt Rochester, N.Y. Daniel Wood Rochester, N.Y. PROBATE RECORD State of New York County of Monroe L.S. Surrogate's Office I hereby certify that the annexed instrument, being the Last Will and Testament of George A. Bartholick late of the City of Rochester, in the County of Monroe and the State of New York deceased has, upon due proof, been this day admitted to probate by the Surrogate's court of said county of Monroe as a will valid to pass real and personal property; which said Last Will and Testament; and the proofs and examination taken thereon, are recorded in the office of the Surrogate of said last mentioned County. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Surrogate's Court at Rochester in said County this 18th day of March in the year one thousand eight hundred and eighty-nine. L.S. J. A. Addington, Surrogate Monroe County It appearing upon the proofs duly taken in respect to the Last Will and Testament of George A. Bartholick, late of the City of Rochester, Monroe County, and State of New York, deceased, that the said will was duly executed, and that the said George A. Bartholick, at the time he executed the same was in all respects competent to devise real estate, and not under any restraint, the said last Will and Testament, and the proofs and examinations are hereby recorded and certified by me pursuant to the provisions of the Revised Statutes this 18th day of March 1889. Recorded and Examined March 18, 1889 E. E. McConnell Clerk Surrogate's Court Contested Will For Proofs of Same See Stenographer's Min. Vol (blank) Page (blank)