WILL: Milton Whipple; Riga, Monroe Co., NY

submitted Oct 2001 by Donna Kingsbury (hotrod_991@prodigy.net).

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Monroe County NY Will Book Vol. 18 page 319

Last Will and Testament of
Milton Whipple
deceased

Be it Remembered, that heretofore, to-wit: on the 16th day of November in the
year of our Lord one thousand eight hundred and seventy four Ira M. Randall
and Zaphar Willard executors named in the Last Will and Testament of Milton
Whipple late of the town of Riga in the county of Monroe deceased, appeared in
open court, before the surrogate of the county of Monroe, and made application
to have the said Last Will and Testament of Milton Whipple which relates to
both real and personal estate, proved: and on such application the said
surrogate did ascertain by satisfactory evidence who were the heirs at law and
next of kin of the said testator and their respective residences, and said
surrogate did thereupon issue a citation in due form of law, directed to the
heirs at law and next of kin by their respective names, stating their
respective places of residence, requiring them to appear before the surrogate
at his office in the city of Rochester, in said county, on the seventh day of
December 1874, to attend the probate of said will.

And afterwards, to-wit: on the twenty-nineth day of December A. D. 1874,
satisfactory evidence by affidavit was produced and presented to said
surrogate, of the due service of said citation in the mode prescribed by law,
and on that day, parties appearing to oppose the probate of such will, and
proceedings were thereupon had in said court afterwards, that the said
surrogate took the proof of said will hereinafter set forth, upon this
twenty-second day of August A.D. 1876, and he thereupon adjudged the said will
to be a valid will of real and personal estate, and the proofs thereof to be
sufficient, which said last will and testament is as follows, that is to say:

Record of Will

In the name of god, amen.
I, Milton Whipple of the Village of Churchville in the town of Riga, County of
Monroe and State of New York, being of sound mind and memory, and considering
the uncertainty of this frail and transitory life, do therefore make, ordain,
publish and declare this to be my last will and testament, that is to say;

First, After all my lawful debts are paid and discharged, I give and bequeath
and devise to my beloved wife Mary M. Whipple all that certain house and lot
of land situate in the Village aforesaid being the same premises now occupied
by me as a homestead and which was conveyed to me by Abigail A. Rider & Hiram
Rider by deed dated March 27th 1866 and recorded in Monroe County clerks
office in Liber 202 of deeds at page 114 with all the appurtenances and
hereditaments thereto belonging to have and to hold the same to her and to her
heirs forever.

Second, I give and bequeath also to my said wife Mary M. the sum of three
thousand dollars to be paid to her by my executors hereinafter named as soon
as may be, in such securities and alligations belonging to me at my decease as
she may chose, which sum is intended to be in addition to such securities and
abligations heretofore given to her by me and now held by her in her own right
and I further give and bequeath to my said wife all my household furniture,
crockery, sliverware, stoves, pictures, books, carpets, beds and bedding,
farming tools, carriage, clothing, clock, fuel and provisions of every kind,
of which I may die seized the same to be accepted by her in liew of dower and
thirds in my estate.

Third, I give and devise to my adopted daughter Effie E. Smith all that
certain house and lot of land situate in the Village of Churchville, County of
Monroe and State of New York, being the same premises conveyed to me by Alfred
Harrison and Betsy S. his wife by deed recorded in Monroe County clerks office
in Liber of deeds 272 at page 377 to be used by her during the term of her
natural life, and from and immediately after her death I give and devise the
said lot and house to her children that are living at her death and to the
decendants of such as are dead per etirpes. But in case the said Effie E.
shall die leaving no child or decendants of a child her surviving them I give
and devise said house and lot the the Home for the Friendless situated in the
city of Rochester, State of New York.

Fourth, I give and bequeath also to said Effie E. Smith from and after my
death untill she shall arrive at the age of twenty five years, to wit; untill
the 18th day of July 1879 the lawful interest of five thousand dollars which
interest I direct my executors hereinafter name to pay to her semi-annually
out of my estate, and I give and bequeath to said Effie E. the sum of five
thousand dollars to be paid her when she shall have arrived at the age of
twenty five years, but if the said Effie E. shall die before arriving at the
age of twenty five years leaving a child or children her surviving, then I
give and bequeath the interest, aforesaid, unpaid and the said five thousand
dollars to her child or children so surviving, but in case said Effie E. shall
die before arriving at the age of twenty five years; leaving no child or
children her surviving then I give the said principal sum of five thousand
dollars to the "Home for Friendless" situate in the city of Rochester, N.Y.
and at the death of my wife I give to said Effie E. my piano.

Fifth, I give and bequeath to my executors hereinafter named the sum of three
thousand dollars in trust for my sister Lucy Russel, and I direct my said
executors to keep the said sum safely invested on bond and mortgage or deposit
the same in a savings bank in the city of Rochester, N.Y. and to pay the
interest thereof annually to said Lucy Russel of for her benefit during her
lifetime, and in case the interest threof shall for any cuse be insuficient
for the proper care, clothing and maintainance in sickness and health, I
direct my executors to expend such portions of the said principal sum for her
benefit during her lifetime as may be in their judgment necessary for her
comfortable support and maintainance, and at her death after the payment of
the necessary expenses of her huneral, I give the remainder of the said
principal sum and the interest accured and unpaid thereon to her daughter
Ester J. Liles and if at my death said Lucy Russel be not living then I give
the said three thousand dollars to said Ester J. Liles forever.

Sixth, I give and bequeath to my brother Austin Whipple the sum of four
thousand dollars with interest thereon from my death, and to my brother Daniel
Whipple and to my sister Jerusia Lerane each the sum of three thousand dollars
with interest thereon from my death, and to Phebe A. Kelsey widow of my nephew
James H. Kelsey deceased the sum of one thousand dollars with interest from my
death.

Seventh, I direct my said executors to pay except as hereinafter directed all
of the foregoing bequests except those of lands in full out of moneys,
abligations or securities of which I may die seized within one yar after my
decease and in preference to thosue that follow in the order as named having
their choise in the moneys or securities aforesaid unappropreated, and I
hereby authorize and empower my said executors or either of them within one
year after mydecease to execute as such executors an assignment of such choses
in action or securities to my legatees aforesaid as shall be chosen by them in
accordence with the conditions aforesaid.

Eighth, I give and bequeath to John McIntosh, Agnes McIntosh and Margaret Ford
of said town of Riga each the sum of one thousand dollars, and to the trustees
of The Methodist Espicopal Church of Churchville and their successors in
office and to the trustees of The Baptist Church in Churchville and their
successors in office and to the trustees of Union Congregational Church
inChurchville and their successors in office each church the sum of one
thousand dollars and to be used by said churches respectively as a majority of
their members shall direct. To Heiram Hall of said town of Riga the sum of
five hundred dollars and to the trustees of the Village of Churchville N.Y.
and their successors in office the sum of five hundred dollars to be deposited
by them at interest in a savings band or on bond & mortgage and the interest
to be used annually and under their direction in the improvement of and in
keeping in repair the grounds of the cemetery in said Village of Churchville
and should the said interest not be so used then the said five hundred dollars
to go to the Home of the Friendless of Rochester, N.Y. all the bequests in
this eighth paragraph of my will I direct to be paid out of money or such
securities or obligations not herein before devised or appropriated but if
from and after payment in full of all my debts, funeral expenses and expenses
incident to the settlement of my estate and legacies in first six paragraphs
of this my will their shall be a deficicency in my estate to pay in full the
legacies named in this eighth paragraph then in that case I direct that said
legacies in the eighth paragraph abate proportionally to their respective
amounts.

Nineth, I authorize and empower the executors of this my last will & testament
to execute under their hands and seals any and all conveyances that may become
necessary and proper to carry out all the requirements of this my will and I
direct my executors of this my last will and testament to respectively give a
bond covenanling for the faithfull performance of the several trusts and
obligations and duites hereby vested in them or imposed upon the respectively. 

Lastly, I give and bequeath the use of all the rest, residue, and remainder of
my estate both real and personal to my said wife Mary M. Whipple for and
during her natural life and at her death I give and bequeath said residue,
rest and remainder to the Female Guardian Society, to the American Bible
Society and to the American Missionary Association of New York City and Home
for the Friendless of Rochester, N.Y. and Japhar Willard and Ira M. Randall of
Churchville N.Y. one sixth part to each forever, and I direct my eecutors to
invest the said residue in good securities on interest and to pay to my said
wife annually said interest during her life and then to distribute the same as
above provided in this section. Likewise, I make, constitute and appoint Ira
M. Randall and Japhar Willard of the Village of Churchville, N. Y. to be
executors of this my last will and testament, hereby revoking all former wills
by me made.

In witness whereof, I have hereunto subscribed my name and affixed my seal the
twenty fourth day of October in the year of our lord one thousand eight
hundred and seventy four.

Milton Whipple L.S.

The above written instrument was subscribed by the said Milton Whipple in our
presence, and acknowledged by him to 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, have signed our names as witnesses hereto,
in his presence and in the presnece of each other, and written opposite
ournames respective places of residence.

Leland Parish Churchville, N.Y.
Charles H. Bowen Churchville, N.Y.
For proof see Stenographer's Book
untitled In re Whipple