WILL: Cornelius P. Low; New York City, New York co., NY surname: Low, Cary, Patterson submitted by Karen Lowe (calcarr @ aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: June 14, 2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 11.3 Kb ************************************************ Source: SAMPUBCO photocopy New York County Will book Volume 40, Page 320 Written: December 17 1790 Recorded: July 29 1791 Transcribed from SAMPUBCO. Transcribed by Karen Lowe. In the name of God Amen I Cornelius P. Low of the City of New York Esquire being in tolerable good health and of sound and perfect mind memory and understanding But considering the uncertainty of this Transitory Life do in order to prevent disputes and controversies after my decease make publish and declare this to be my last will and Testament in manner and form following that is to say I give, devise and bequeath unto my Executors and Trustees hereinafter named that is to say William Patterson Esqr and one of the United States Senators Cornelius C. Roosevelt Cornelius Low son of my Brother Peter and Samuel Low son of my Brother John and to the survivors of them and to the Heirs Executors and Administrators of such survivor all the Real and personal Estate and Effects whatsoever wherewith I shall be possessed of or entitled unto at the time of my decease In trust neverthless to permit and suffer my Daughter Ann Cary the Rents Issues and profits thereof for and during the term of her natural life without any impeachment or manner of Waste and I do hereby give and grant unto her full power and authority to make her last Will and Testament notwith standing being under coverture or otherwise under her hand and seal attested by three credible witnesses to give devise and bequeath all my paid Real and personal Estate and Effects Except such part thereof as I shall hereinafter direct to be given devised and Bequeathed to such children or child as may be living at the time of her decease lawfully begotten of her Body to them and their Heirs and assigns forever in such manner and in such proportions as shall think fit and expedient But in case my said Daughter shall happen to die without making such will and attested as aforesaid That then and in such case it is my express will and meaning that all my real and personal Estates shall devolve and descend to my said daughters children agreeable to the laws of the state of New York on their express condition that they take the name of Low instead of the name of Cary otherwise they shall not be entitled to any of the inheritance but descend to the next of kin by natural consanquinity on the aforesaid condition and in case of the death of anhy of my Grand Children under the age of Twenty two years that his her or their share or shares so dying shall go to the survivors or survivor of them equally as Tenants in common and not as joint Tenants And in case of the death of all my said Grand children before they attain the age of ______ years Then it is my Will that my said Estate both real and personal shall decend and go to the nearest of kin by my Line I give and bequeath unto my eldest Brother Peter Fifty Dollars per annum to be paid him by my said Trustees and Executors and the survivors and survivor of them and the Executors and administrators of such survivor after my decease out of my said real and personal estates during the term of his natural Life and I do hereby recommend him to my Heirs as an object of Benevolence I give and Bequeath unto my sister in Law Sarah the widow of my Brother Nicholas a certain farm at Otsego Lake described by lot number six in the map annexed to the conveyance thereof which I had from Augustine Prevost for and during the term of her natural Life and after her decease then for and during the Term of her youngest son Peters natural life I do hereby order and direct and it is my will and mind that as soon after as convenient may be after my decease that the sum of one Thousand pounds shall be lent by my said Executors and Trustees to the said Richard Cary for and during the Term of seven years from the loan thereof free from any Interest for the same provided only that the said Richard Cary shall and do execute a legal Bond to my said Trustees and Executors for the payment of lawful Interest from and after the said term of seven years and I do hereby Empower my said Trustees and Executors out of my real and personal Estate to pay into the Hands of my said Daughter not less than three hundred pounds annually provided my property will allow it and also further allowance for the clothing and education of her children and in case of more to put the same to Interest upon Mortgage to be applied to the same stock and Lastly I do hereby nominate consititute and appoint them the said William Patterson Samuel Low Corn. Low Cornl. C. Roosevelt joint Executors and Trustees of this my last Will Hereby revoking all other wills by me at my time heretofore made and declaring this and no other to be my last will and testament. In Witness whereof I the said Cornelius P. Low the Testator have hereunto set my hand and seal the seventeenth day of December in the year of our Lord one thousand seven hundred and ninety. Cornl. P. Low L.S. Signed sealed published and declared by the Testator as and for his last will and testament in the presence of us who in his presence have hereunto subscribed our names as witnesses. Jus. Abeel Andw Bostwick Justus B. Smith Be it remembered that this shall be taken as a Codicil to my last will and Testament and shall be fully valued and effectual as if the same had been therein contained that is to say The Honorable Wm Patterson first named one of my Trustees and Executors to be umnire in all matters of dispute that may arise with respect to my will and the Judge of Probate in case of his death for the time being to be sole umpire therein. New York the seventeenth day of december Anno Domini one thousand seven hundred and ninety Cornl. P. Low L.S. Signed, sealed published and declared by the Testators as a Codicil to his last will and Testament in the presence of: Jans Abeel Andw Bostwick, Justus B. Smith City and County of New York St. Be it remembered that on the twenty ninth day of July in the year one thousand and seven hundred and ninety one personally came and appears before David Gelston Surrogate of the said County James Abeel Andrew Bostwick and Justus B. Smith all of the said County and being duly sworn on their oaths declared that they and each of them did see Cornelius P. Low sign and seal an Instrument in writing purpoting to be the will of said Cornelius P. Low bearing date the seventeenth day of December one thousand seven hundred and ninety (the preceding whereof is a true copy) and heard him publish and declare the same to be and contain his last will and testament That at the time thereof he the said Cornelius P. Low was of sound disposing mind and memory to the best of the knowledge and belief of them the deponents and that their names subscribed to the said Will are of their respective and proper handwriting which they subscribed as witnesses to the said will in the presence of the Testator. And be it also remembered that on the said twenty ninth day of July in the year one thousand seven hundred and ninety one personally came and appeared before before the said David Gelston the said James Abeel Andrew Bostwich and Justus B. Smith and being duly sworn on their oaths declared that they and each of them did see the said Cornelius P. Low sign and seal an Instrument in writing purporting to be a codicil to the last will and testament of the said Cornelius P. Low bearing date the seventeenth day of December one thousand seven hundred and ninety (the preceding whereof is a true copy) and heard him publish and declare the same as and for a codicil to his last will and testament that at the time thereof he the said Cornelius P. Low was of sound disposing mind and memory to the best of the knowledge and belief of them the Deponents and that their name subscribed to the said codicil are of their respective and proper handwriting which they subscribed as witnesses thereunto in the presence of the Testator. David Gelston The People of the State of New YUork by the Grace of God free and Independent To Ann Cary late Ann Low of the City and County of New York Daughter of Cornelius P. Low of the same place Gentleman deceased send Greeting the said Cornelius P. Low in and by his last Will and Testament bearing date the seventeenth day of December one thousand seven hundred and ninety did nominate constitute and appoint William Patterson Samuel Low Cornelius Low and Cornelius C. Roosevelt Executors of his said will and whereas the said William Patterson Samuel Low Cornelius Low and Cornelius C. Roosevlt hath in due form renounced their Executorship to the said Will and whereas the said deceased having whilst living and at the time of his death Goods Chattels or Credits within this State by means whereof the granting administration of all and singular the Goods Chattels and Credits and also the auditing allowing and final discharging the account thereof doth appertain unto us and we being desirous that the Goods Chattels and Credits of the said deceased may be well and faithfully administered applied and disposed of do grant unto you the said Ann Cary full power by these presents to collect levy recover and receive all and singular the Goods Chattels and Credits which were of the said deceased and the same to administer and dispose of according to the Tenor and Effect of the said last will and Testament of the said deceased and as the Law directs you being first and in due form of Law to fulfill the will of the said deceased (a copy whereof is hereunto annexed) and to pay his debts and legacies as far forth as the Goods Chattels and Credits will thereto extend and the Law require hereby requiring you to make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the said deceased which have or shall come to your hands possession or knowledge and the same so made to exhibit or cause to be exhibited into the office of the Surrogate of the County of New York at or before the expiration of six calendar months from the death hereof and also to render a just and true account of administration when thereunto required and we do by there presents defute constitute and appoint you the said Ann Cary administratix of all and singular the Goods Chattels and Credits of the said Cornelius P. Low deceased with his said will hereunto annexed. In Witness whereof we have caused the seal of ol=ffice of our said Surrogate to be hereunto affixed witness David Gelston Esquire Surrogate of the said County at the City of New York the second day of August in the year of our Lord one thousand seven hundred and ninety one and of our Independence the sixteenth David Gelston