Wills: Rowley, Samuel S.; Greece, Monroe co., NY surnames: Rowley, Webster, Feely, Clark ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm File at: http://files.usgwarchives.org/ny/monroe/wills/v58/rowley-samuels.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.3 Kb ************************************************ File contributed for use in USGenWeb Archives by: Cathy Pouls jpouls@comcast.net June 7, 2006, 1:05 am Source: Sampubco.com Monroe County, New York Will Book Vol. #58, page 532 Written: April 12, 1890 Recorded: September 24, 1898 Transcribed from SAMPUBCO copy by Cathy Pouls I, Samuel S. Rowley of Greece, County of Monroe and State of New York aged Sixty Six years, do 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,I direct my executors hereinafter named to erect at the head of my grave a suitable memorial headstone of the value of not to exceed the sum of One hundred dollars, and I further direct them to set aside the sum of One hundred dollars to be used in the purchase and erection of a memorial headstone for my beloved wife Elizabeth Rowley in the event of her decease, the same to correspond in all respects to my own. SECOND: I give, devise and bequeath unto my beloved wife, Elizabeth Rowley, for and during the term of her natural life, the use, income, rents and profits of all my property both Real and Personal, Cash, Credits, Choses in Action, Claims and Demands of every name, nature and kind, and where soever the same may be on the condition however, that she pay the taxes and assessments, keep up current repairs and keep the buildings insured for a reasonable amount against loss by fire during said term. Said gift and legacy to my wife to be received in lieu of Dower and Statutory rights in my property and estate. THIRD: On the decease of my said wife and the termination of her life estate in my property aforesaid, I give, devise and bequeath the remainder to be divided equally and share and share alike between my three sons: Milton Rowley, Frank Rowley and Herbert D. Rowley absolute and forever. FOURTH: In the event of the decease of any one of my said sons, before the termination of my said wife's life interest aforesaid, the part or portion which he would have (Witness: Roy C. Webster & Dermus C. Feely) received shall go to his children him surviving and should any of my said sons die before the termination of my wife's said life estate, without leaving any children, then and in that event, this part or portion shall be divided between my remaining sons and should any of said sons be dead their children shall take the portion their father would have taken if living. FIFTH: I hereby authorize my executors, hereinafter named, if at any time, during the continuance of my wife's life estate, they deem it advisable to sell any of the personal property to do so and with the avails arising therefrom, to replace the same with other personal property, or to hold said avails subject to the interest of the life tenant my said wife. SIXTH: On the termination of my wife's life interest or estate I direct my executor remaining or to his properly appointed successor in office to sell my Real Estate and for that purpose power is hereby granted him to convey the same and to execute proper deeds of conveyance therefor giving and granting unto my said son Herbert D. Rowley first of all the privilege of purchasing the at the specified sum of One hundred Six dollars an acre. In case said Herbert D. Rowley elect not to take the Real Estate at the price mentioned, then either of my remaining sons shall have the same privilege. SEVENTH: Nothing in this will shall be construed as compelling the executors to sell the personal property, but they can sell or retain the same intact as they deem advisable. Witness: Roy C. Webster Dermus C. Feely I make, constitute and appoint my said wife Elizabeth Rowley and my said son Herbert D. Rowley to be exectors 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 Twelfth Day of April in the year of Our Lord One Thousand Eight Hundred and Ninety. Samuel S. Rowley (L.S.) The foregong written and printed instrument consisting of three sheets, was subscribed by the said Samuel S. Rowley in our presence, and, he then and there acknowledged to each of us that he had executed the same and be 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 so signed our names as witnesses on each sheet herein and written opposite our names our respective places of residences. Roy C. Webster, Residing at Rochester, NY Dermus C. Feely, Residing at Rochester, NY CODICIL In the Name of God, Amen: I, Samuel S. Rowley of the Town of Greece in the County of Monroe and State of New York, being of sound mind and memory, do make, publish and declare the First Codicil to this, my last Will and Testament, in manner following, that is to say: said Will bears date April 12th 1890. FIRST: I direct that all my just debts and usual expenses be paid, SECOND: I hereby change and modify item SIXTH of said Will so that the same shall read as follows: "on the termination of my wifes life interest or estate I direct my executor remaining, or his properly appointed successor in office, to sell my Real Estate and for that purpose power is hereby given him to convey the same and to execute proper deeds of conveyance therefor giving and granting to my said son Herbert D Rowley first of all the privilege of purchasing the same at the specified sum of Eighty Five dollars ($85.00) an acre. In case said Herbert D. Rowley elects not to take the Real Estate at the price mentioned, then either of my remaining sons shall have the same privilege". In all other respects my said Will to remain in full force and effect. Lastly, I hereby appoint as in said Will my said wife Elizabeth Rowley and my said son Herbert D. Rowley executors of said last Will and Testament hereby revoking all former Wills by me made. In Witness Whereof, I have hereunto subscribed my name the Fifteenth day of December in the year of our Lord One Thousand Eight Humdred Ninety Seven. Samuel S. Rowley (L.S.) We, whose names are hereto subscribed Do Certify that Samuel S. Rowley the testator, subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time in our presence and hearing, declared the same to be the first Codicil to his last Will and Testament, and requested us and each of us, to sign our names thereto as witnesses to the execution thereof which we hereby do in the presence of the testator and of each other, on the day of the date of the said Codicil of the Will and write opposite our names our respective places of residence. John J. Clark, Residing at Greece, Monroe County, NY Roy C. Webster, Residing at Rochester, NY