WILL: Sarah J. Fassett; Lockport, Niagara co., NY surname: Fassett, Lewis, Compton, Chaplin, Hutchinson, Power submitted by David Hayt (dave at hayt.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 27, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.1 Kb ************************************************ Source: sampubco.com Niagara Co., Ny, Wills, Vol.31, P.230 Written: July 18, 1893 Recorded: February 19, 1895 I Sarah J. Fassett of Burlington, Des Moines County, State of Iowa, being of sound and disposing mind and memory, hereby make, publish and declare this as and for my last Will and Testament, hereby revoking and making void all former wills by me at any time made. I. I direct that as soon after my decease as can be done without prejudice to my estate, all my just debts, including any incumbrances upon the property I now own and occupy in Burlington, Des Moines County, State of Iowa, being lots 63 and 64 in Smith's addition in said City and the expenses of my last illness and funeral be paid. II. I hereby give and bequeath unto James R. Compton of the City of Lockport, Niagara County, New York, the sum of Three hundred and fifty dollars ($350) to be held by him in trust, however for the following uses and purposes, viz. - I direct that said sum be safely invested and the interest on $300 be divided equally between the Ladies' Home Missionary Society, the Ladies' Foreign Missionary Society, and the Sunday School of the First Presbyterian Church of Lockport, New York, and I further direct that the interest on $50 be used in keeping in suitable condition my lot in Cold Springs Cemetery in said city of Lockport, New York - such interest to be so applied and used for the purposes aforesaid annually. It is my intention that said sum of $350 shall be a permanent investment for the uses and purposes herein before specified, and I authorize the above named trustee in the event of his resignation or by will to designate his successor, and in the event of said office becoming vacant from any cause I hereby authorize the Court of Niagara County, New York, having jurisdiction of trust funds and trust estates to appoint a trustee to take charge of said funds. III. I hererby give and bequeath unto George W. Chaplin of Hartland, New York, the sum of fifty dollars ($50) to be held by him in trust however, the interest on said fund to be applied in keeping my lot in Skeels Cemetery in Hartland, New York, in suitable condition, and said sum is to be permanently in vested for the uses and purposes hereinbefore specified and the trustee thereof shall be designated and appointed by the acting trustee or by the Court of the County, in the same manner as provided in item II hereof. IV. I hereby give and bequeath unto Frances A. Compton, wife of James R. Compton, of Lockport, New York, the sum of One Hundred Dollars ($100). V. I hereby give and bequeath and devise the use, occupation, income, rents and profits of my house and the ground upon which it is situate, to wit, Lots 63 and 64 in Smith's addition to the City of Burlington, Des Moines County, Iowa, to my son James C. Lewis, and to his wife Ebenett Lewis, for and during their lives and life of the survivor. VI. Subject to the life estate of my son, James C. Lewis, and his wife, Ebenett Lewis in and to said property, created by item V hereof, I hereby give, bequeath and devise said property, the same being lots 63 and 64 in Smith's addition to the City of Burlington, Des Moines County, Iowa, or so much thereof as I may own at the date of my death, to my grandsons, children of said James C. Lewis and Ebenett Lewis, to wit, John F. Lewis and William A. Lewis, to be owned by them share and share alike. VII. I hereby authorize and direct my executor hereinafter named, as soon as can be done without prejudice to my estate without the intervention of any court, to convert all the rest, residue and remainder of my estate, real, personal and mixed, and wherever the same may be situate, into money. I further direct that the residuary fund thus created shall be divided into four equal shares and I hereby give and bequeath one of such shares to my son James C. Lewis, one to my daughter in law Ebenett Lewis, and one each to my said grandsons John F. Lewis and William A. Lewis, the shares of my said grandsons and each of them to be paid to them when they attain the age of twenty-five years. The interest on the share of John F. Lewis to be paid to him annually until he is entitled to the principal, and the interest on the share of William A. Lewis to be paid during his minority to his father James C. Lewis, for his support and paid to him annually in person until he becomes entitled to the principal. VIII. I hereby constitute and appoint James R. Compton of Lockport, New York, executor of this my last will and testament, and of my estate. In Witness Whereof I hereunto subscribe my name and affix my seal this 18th day of July, A. D. 1893. Sarah J. Fassett {seal} The foregoing instrument was at the date thereof subscribed by Sarah J. Fassett, the testatrix therein named in the presence of us and each of us, and she, at the time of making such subscription acknowledged that she executed the same and declared the said instrument so subscribed by her to be her Last Will and Testament. Whereupon we, at her request and in her presence, and in the presence of each other there do hereby subscribe our names as witnesses thereto, July 18, 1893. A. C. Hutchinson, Residing at Burlington, Ia. John C. Power, Residing at Burlington, Ia. State of Iowa Des Moines County I, Paul Lange, Clerk of the District Court within and for said County and State hereby certify that on the 19 day of February A. D. 1895 the foregoing last Will and Testament of Sarah J. Fassett deceased, was duly proven before, and allowed by said Court, and that the same has been Recorded. Witness my hand, with the Seal of said Court affixed. Done at Burlington, this 19th day of February A. D> 1895. Paul Lange, Clerk District Court Tuesday February 19 - 1895 In the District Court of Des Moines County, State of Iowa; In the matter of the last Will and Testament of Sarah J. Fassett, deceased. Will proven, established, allowed and admitted to Record. Now on this day came on for hearing before the Court, the matter of proving an instrument in writing, purporting to be the last Will and Testament of Sarah J. Fassett, deceased, heretofore filed in the office of the Clerk of the Court. And it appearing to the Court that due and legal notice of this hearing has been given, as heretofore ordered, and no person or persons appearing to object to the probate thereof. And the evidence of J. C. Powers and A. C. Hutchinson, the subscribing witnesses thereto, being seen and heard by the Court. The Court finds that said instrument was duly executed in manner and form as by law required, that said testatrix when she signed said instrument was of sound mind and memory and of full age, and that she signed the same freely and voluntarily. The Court further finds that the testatrix died on or about the 18th day of January A. D. 1895. It is therefore hereby ordered by the Court that said instrument be and the same is hereby proven, established, allowed and admitted to Record as the last Will and Testament of Sarah J. Fassett deceased, and that the Clerk of the Court certify to and record said instrument as such last Will and Testament in manner and form as by law provided. Additional Comments: Sarah J. Arnold (1809-1895), m. 1st James C. Lewis, 2nd David S. Fassett. Children w. James: Charles, James, Wm., Anna, Edward, Albert, all of whom died young except James & Wm. Wm. never married and d. 1872. James m. Ebenette Hilton and moved to Burlington, Iowa. Sarah had one child with Davis S. Fassett: Sarah.