CHARLES PHINEAS HAWKINS WILL, NEW YORK, NEW YORK Copyright (c) 2001 by Sharon Johnson (sjohnson@progressivepromotions.com). ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submittor has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ Last Will and Testament and Codicil--of--Chas. P. Hawkins Will Dated Jan. 234d., 1880. Codicil Dated July 20, 1881. I, CHARLES P. HAWKINS, of the City, County and State of New York, being of sound and memory, do make, publish and declare this my Last Will and Testament. F i r s t:- I give and devise to my wife, Euphemia, my house and premises known as number Four hundred and forty-six (446) West Forty-fourth Steet in the City of New York, and all the household furniture therein, or thereunto belonging, to have and to hold the same during her natural life. I also bequeath to my said wife the interest or income of an investment of five thousand dollars to be set apart for that purpose by my executors. S e c o n d:- All the rest, residue and remainder of my estate, real and personal, (after payment thereout of my just debts, funeral and testamentary expenses), I give and devise in equal shares to my children and my son-in-law, Robert C. Inslee, in manner following: The said Robert C. inslee to take his share absolutely, and the share of each of my children including the wife of said Robert C. Inslee to go to my executors, in trust, to receive the rents and income thereof, and apply the same to the use of such child during his or her life, and on the death of such child to transfer and pay such share to his or her lawful issue. But in case any child or my said son-in-law shall die after my death without leaving lawful issue him or her surviving, the share of such deceased shall go the survivor or survivors of my children and to the lawful issue of such of them as shall be then deceased leaving such issue in euqal shares per stirpes. T h i r d:- Should any of my children or my said son-in-law die beforeme leaving lawful issue, the share that would have belonged to such child or son-in-law under the foregoing provision had he or she survived me, shall go to such issue of such child or son-in-law. F o u r t h:- So long as my estate shall be held by my executors undivided according to the terms of this Will, I authorize them in case they shall think it for the interest of my estate to continue to carry on the business of brewing as conducted by me at the time of my decease in connection with my present partner, Robt. C. Inslee, and to use, and occupy such parts of my real and personal estate, and do all such acts as shall be necessary or proper for that purpose. And so long as my said business is carried on by my executors and said Robert C. Inslee, no charges shall be made for rent of the Brewery and permanent fixtures thereof belonging to my estate. But said executors shall not be entitled to any compensation for carrying on said business and their commissions shall be calculated only on the value of my estate, and the net income thereof, and the net profits of said business. F i f t h:- When my sons, Geo. W. Hawkins and Ellsworth F. Hawkins, shall both have arrived at the age of twenty-one years, my executors may if they should deem it prodent, receive their respective share of my estate in payment of one-third interest each in said brewery business in partnership with my present partner, Robert C. Inslee, if they three shall agree to form such co-partnership; and in such case the stock and good will of said business, and the interest of my said sons in my estate shall be valued by two appraisers, one of whom shall be appointed by my said sons, and the other by my executors, and if the said two appraisers cannot agree on such valuation, they shall choose a third appraiser and the valuation made by two of said appraisers shall be final. The rent of my brewery premises to be charged to and paid by said firm to my executors, shall be at the rate of Fifteen hundred dollars per annum, besides the taxes and insurance on said premises, and the expenses of proper repairs. S i x t h:- All notes or other instruments od indebtedness held by me against any of my children or my son-in-law and all charges made on my books against them, whether such notes, instruments or charges be barred by the Statute of Limitations or not, shall be charged to them respectively, and deducted from their several shares of my estate. S e v e n t h:- I authorize and direct my executors to appropriate and apply the share of my daughter, Mary C. Inslee, as well as that of her husband, Robert C. Inslee, to or toward the paymentof the sum of Eleven thousand dollars provided to be paid by Robert C. Inslee in the co- partnership agreements, made by him and myself, for the purchase by him of one-third interest in said brewery business provided said Robert C. Inslee should request that such appropriation and application be so made. E i g h t h:- I having promised each of my sons, Geo. W. and Ellsworth F. Hawkins, that if upon his arrival at age, he had not indulged in wines and liquors to excess, nor used any tobacco, that I would give him a gold watch and chain, now it is my will and I direct my executors upon the arrival at age of each of my said sons, to purchase for and present to him a gold watch and chain, not to exceed a cost of Seventy-five Dollars for each watch and chain, provided, however, my executors are satisfied that my said sons are entitled to the same under the conditions of my said promise. N i n t h:- I appoint my brother, Abial M. Hawkins, my son-in-law, Robert C. Inslee, and my cousin, William A. Miles, executors of this my Will, and trustees of the several shares of my children during their respective lives, and guardians of their person and estate during their respective minorities, with the powers herein mentioned, all of which trusts and powers may be exercised by such of my said executors as shall legally qualify themselves to act as such. T e n t h:- I further empower by executors to sell or convey all or any part of my real estate whenever they may think it advisable, and to make, execute and deliver deeds of conveyance thereof, to the purchaser or purchasers the proceeds of sale thereof to be used, applied, invested or paid over by them as hereinbefore mentioned. But the premises No. 446 West 44th Street devised to my wife for life shall not be sold without her consent. E l e v e n t h:- Should it become necessary to sell my interest in the brewery business hereinbefore mentioned, it is my will that my son-in-law, Robert C. Inslee, shall not be barred or deprived of the privilege of purchasing the same by reason of his being named as one of the executors and trustees of this my Will. L a s t l y:- I hereby revoke all former Wills by me made. The bequest herein made to my wife are intended by me to be in lieu of all dower she may have or claim in my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this twenty-third day of January, in the year one thousand eight hundred and eighty. C. P. Hawkins. The foregoing instrument (consisting of three sheets in pages) was at the date thereof signed, sealed, published and declared by the testator, Charles P. Hawkins, as and for his Last Will and Testament in the presence of us, who at his request, in his presence and in the presence of each other have subscribed our names as witnesses thereto. J. H. Nesbitt, M.D., 360 ". 42 St. Chas. H. Bailey, 102 Wilson St., B'klyn. I, CHARLES P. HAWKINS, of the City, County and State of New York, having made my Last Will and Testament bearing date the twenty-third day of January, one thousand eight hundred and eighty, do now make the Codicil to be taken as a part of the same. F i r s t:- I hereby ratify and confirm said Will in every respect, save so far as any part of it is inconsistent with the Codicil. S e c o n d:- I having in and by the first claus of said Will given to my wife the use of my house and lot No. 446 W. 44 St. in the City of New York, and the income of Five Thousand Dollars during her life. Now it is my will, and I hereby direct that upon the death of my said wife the said house and lot and the said sum of Five Thousand Dollars shall fall into and become a part of the residue and remainder of the my estate and be disposed of as directed by the second clause of my said Will. T h i r d:- I having by the third clause of my said Will provided that should any of my children or my son-in-law die before me leaving lawful issue that the share of such deceased should go to said issue, andmy son, Charles E. Hawkins, having departed this life, leaving one child, named Stephen O. Hawkins, now it is my will and I hereby order and direct that the share of my estate that may be coming to said Stephen O.Hawkins under the provisions of my said Will shall be held in trust by my executors or their survivors or survivor, and the income thereof be paid by my said executors for the suport, maintenance and education of said Stephen O. Hawkins until he shall arrive at the age of twenty-one years, at which time the principal of said share shall be paid him. But should said Stephen O. Hawkins die before attaining said age, then the said share shall fall into and form a part of the residuary and remainder of my estate, and be disposed of as directed by the second clause of my said Will. F o u r t h:- I hereby erase the word "in" on the sixth line of the fifth clause of my said Will, and substitute in the place thereof the word "toward", so that it shall read "toward payment of a one-third interest" instead of "in payment of a one-third interest". IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th. day of July, in the year 1881. C.P. Hawkins The foregoing instrument was at the date thereof, signed, sealed, published and declared by the testator, Charles P. Hawkins, as and for a Codicil to his Last Will and Testament, to which said Last Will and Testament it is annexed in the presence of us, who at his request, in his prsence and in the presence of each other, have subscribed our names as witnesses hereto. Chas H. Bailey, 162 Wilson St., B'klyn. John J. Sullivan, 243 Delancey St., N.Y.C. In script in pencil on the cover: Esq. 61 Lefferts Place Miles is dead. Did Inslee qualify? Ellsworth 324 W. 122 St. Will proved after Dec. 1881 Abial M. Hawkins 61 Lefferts Place The People of the State of New York BY THE GRACE OF GOD FREE AND INDEPENDENT To Euphemia Hawkins, Mary C. Inslee- Caroline M. Bockhorn, Albert W. Hawkins- William A. Hawkins- and George W. Hawkins all of full age - Elsworth F. Hawkins, Susan E. Hawkins and Charlotte E. Hawkins, infants over the age of fourteen years -- and to Stephen O. Hawkins an infant under the age of fourteen years--severally residing in the City of New York the widow, heirs and next of kin of Charles P. Hawkins deceased, SEND GREETING: Whereas, Abial M. Hawkins of the City of New York, has lately applied to the Surrogate's Cout of our County of New York, to have a certain instrument in writing relating to both real and personal property, duly proved as the Last Will and Testament of Charles P. Hawkins-- late of the City and County of New York, deceased, Therefore, you, and each of you, are cited to appear before the Surrogate of our Conty of New York, at his office in the City of New York, on the 20th day of Devember 1881 at ten o'clock in the forenoon of that day, then and there to attend the probate of the said last Will and Testament. In Testimony Whereof, we have caused the seal of the Surrogate's Court of our said County of New York to be hereunto affixed. Witness, DELANO C. CALVIN, Surrogate of our said County of New York, at the City of New York, the 14th day of December one thousand eight hundered and eighty- one.