WILL: Abraham Devos; Rochester, Monroe co., NY surname: Devos, Brodyk, Fisher, Zurierlein submitted by Donna Kleczek (monastery at mindspring.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: November 22, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.8 Kb ************************************************ Source: Sampubco.com Monroe co. Will Book 44, Page 271 Written: October 17 1890 Recorded: March 29 1892 Record of Will I, Abraham DeVos of Rochester County of Monroe and State of New York, aged Sixty-Five years, do make, ordain, publish and disclaim this to be my last-Will and Testament, that is to say, First: After all my lawfull debts are paid, I give including my funeral expenses, I direct my executors herein after named to erect to my memory a plain granite tombstone at the head of my grave; such as in their judgment shall be suitable and appropriate and I further direct them to set aside a sufficient sum of money to meet the funeral expenses of my said wife, and to erect at her grave, in her memory, a tombstone similar in all respects to my own. Second: I give, bequeath, and devise unto my beloved wife Mary P. DeVos for and during the term of her natural life the use, income, rents, and profits of all my property Real and Personal, and the use of the avails arising therefrom in the event of a sale of any part or portion thereof, and the further right to dispose of by division or nominal sale to my daughters, all the household furniture in such manner as she may deem equitable, and at such times as she may see fit. This bequest to my wife to be in lieu of dower and all Statuatory rights in my said estate. And after the death of my said wife, I make the following disposition of my estate and property as appears in the following items. Third: I give and bequeath unto my son-in-law C.W. Fisher, my gold watch chain, also all my books and pictorials. I give to my eldest daughter Martha, wife of J.C. Brodyk, my diamond stud. To my grandson Abraham Brodyk, my silver tobacco box and fancy casket as a remembrance of me. To my daughters Mary, wife of C.W. Fisher, and my daughter Nelly, each the sum of Two hundred ($200.00) cash. This last bequest is given as a matter of equity between my daughters Martha's husband J.C. Brodyk having had in the year 1886, two hundred dollars to move his furniture from Chicago and for the purpose of conducting his business and for which I charge him no interest. Fourth: I direct my remaining executor or his successor duly appointed to deposit with the "Rochester Trust and Safe Deposit Company" of Rochester, NY the sum of Twelve hundred ($1200.00) dollars, the income thereof to be expended in purchasing medicine and paying medical attendance for my unfortunate daughter Cornelia, familiarly called Katie and in the event of the said income being insufficient, I direct any balances for said service and medicine to be paid out of the principal sum. Fifth: I give and bequeath unto my eldest son Abraham who is now as far as I know in the City of Denver Colorado, the sum of Fifteen hundred ($1500.00) dollars, but in the event of his death before the decease of my said wife, said amount shall lapse and fall back into my estate and be distributed among my daughters as hereinafter mentioned. Sixth: I give and bequeath unto my son Jacob John, now living in New York City, the sum of Fifteen hundred ($1500.00) dollars. Seventh: I give and bequeath unto my sister Nellie DeVos living in Zierzikee Holland the sum of Two hundred ($200.00) dollars. Eighth: I give and bequeath unto Caroline Zurierlein, who has lived in my family so long, and served us so faithfully, the sum of Five hundred ($500.00) dollars, but in the event of her death before coming into possession of her legacy, said legacy shall lapse and fall back into my estate and be divided between my four daughters. Ninth: All the rest, residue, and remainder of my estate, I give, devise, and bequeath as follows Viz; Unto my eldest daughter Martha, wife of James C. Brodyk, One fourth (1/4) part of said rest, residue, and remainder. Unto my daughter Mary, wife of Charles Fisher, One fourth (1/4) part of said rest, residue, and remainder, and Unto my daughter Nellie DeVos, unmarried, One fourth (1/4) part of said rest, residue, and remainder. Unto my remaining executor or his successor duly appointed, One fourth (1/4) part of said rest, residue, and remainder in trust nevertheless to be deposited by him in the Savings Banks of Rochester, NY, the use, income, rents and profits thereof to be expended for the support and maintenance of my said daughter Cornelia, called Katie during her life and in the event of her death, the principal sum and its accumulations unexpended shall go to her child or children surviving, and should she die without leaving any children, said principal sum and accumulations shall be divided between her three sisters, share and share alike. Tenth: should my son Jacob John or my daughters Martha Brodyk, Mary Fisher, or Nellie DeVos die before my said wife without leaving lineal descendants, any property coming to or due them under and by virtue of this my Last Will and Testament, shall lapse and fall back into my estate and be distributed equally between my surviving daughters or their lineal descendants per stirpes. Eleventh: If any one or more of the beneficiaries under this will shall in any manner before the Surrogate's Court, or any other Court, contest the validity of this my Will upon any grounds whatever, then and in that case, the legacies hereby given to such person or persons is hereby revoked and the person or persons so contesting are hereby prohibited from receiving any portion of my estate and that portion of my estate which is hereby given to such person or persons, who shall make such contest is hereby given to the legatee or legatees herein who do not contest the validity of my Will share and share alike. I, make, constitute and appoint my said wife Mary P. DeVos and my friend Roy C. Webster of Rochester, NY without being obliged to give any bonds for the faithful performance of their trust to be executors of this my last will and testament hereby revoking all former wills by me made and I further hereby give and grant unto my said executors, full power to sell and convey any and all Real Estate I may die seized of if they deem it advisable and to execute to the purchaser or purchasers proper deeds of conveyance therefor. In witness whereof, I have hereunto subscribed my name and affixed my seal the Seventeenth day of October in the year of Our Lord One Thousand Eight Hundred and Ninety. Abraham DeVos, L.S. The foregoing written and printed instrument consisting of Four sheets, was subscribed by the said Abraham DeVos in our presence and then and there acknowledged to each of us that he had executed the same, and he at the same time declared the said instrument so subscribed by him 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 presence of each other and have signed our names as witnesses on each sheet herein and written opposite our names our respective places of residence. Selden S. Brown Residing at Scottsville, Monroe Co., NY Dennis C. Feely Residing at Rochester, Monroe Co., NY Transcribed from SAMPUBCO copy by D. Kleczek,Monroe Cty Book 44, page 271 Additional Comments: date of death:13 Feb 1892 Rochester, NY