WILL: Frederick Hird;  Wheatfield, Niagara co., NY
surname: Hird

submitted by Greg Boldt (gboldt @ cox.net)
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Copyright.  All rights reserved.
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Written: 1892

Transcribed from SAMPUBCO copy by Greg Boldt, Hartford County, CT. 

Niagara co NYT Will book Volume 54, pages 149-152.

Last Will and Testament of Frederick Hird - Drafted in 1892 / Executed in Jan 
1900

Witnesses:     Levi J Hixson and William F Smith
Surrogate:     Charles Hickey

I Frederick Hird of the Town of Wheatfield in the County of Niagara and State 
of New York, being of sound mind and memory and understanding do make my last 
Will and Testament in manner and form following:

First. I give devise and bequeath to my wife Rosita a life interest in all the 
Real Estate owned by me at the time of my death to derive the rents or revenue 
therefrom during her natural life. After her death or in case I survive her I 
will and bequeath my said Real Estate and all my personal property of whatever 
name (?) and description to my children subject to the following terms and 
conditions.

Second. To my son Albert E Hird I give devise and bequeath One fifth of all my 
Real and Personal Estate.

Third. To my son Emiel Hird I give devise and bequeath One fifth of all my
Real and Personal Estate.

Fourth. To my daughter Caroline Dietrick, wife of Samuel K Dietrick I give 
devise and bequeath use, revenue and interest in one-fifth of all my Real and 
Personal Estate to enjoy the said use, revenue, and interest therefrom during 
her natural life and at her death to go to her surviving children, share and 
share alike.

Fifth. To my daughter Emma Brown, wife of Rumsey Brown, I give and bequeath
and devise the use revenue and interest in one fifth of all my Real and
personal property, to enjoy the same during her natural life and at her death
to go to her surviving children share and share alike. Provided that should my
said daughters, Caroline Dietrick and Emma Brown, die without a child or
children (issue?) surviving them or either of them, then the share devised to
them for the benefit and ownership of said children to go to my natural
decendants share and share alike to my surviving children, and the grand
children if any of such of my children as may be deceased.

Sixth. To my daughter Sophia Hird I give devise and bequeath one fifth of all 
my Real and personal estate.

Seventh. All the foregoing bequests are made subject to the aforementioned
life interest of my wife Rosina in my said Real Estate.

Eighth. I hereby direct and empower my Executor to sell and dispose of all my 
personal property at auction to the highest bidder as soon as practicable
after my decease and to sell my real estate at auction or private sale with
the concurrence of my said wife if living, as it may in his judgment seem most 
advantageous or for the interests devisus.

Ninth. I hereby appoint my son Albert E Hird executor of this my last Will and 
Testament and as such to have power and control over the properties left in 
trust for the life use of benefit of my said daughters Caroline and Emma until 
the same becomes payable to their children or as otherwise provided. Or upon 
his death or resignation of the trust, his successor to be appointed by the 
Surrogate Court under such regulations and restrictions as said Court may 
prescribe in conformity with this instrument, And I direct that my personal 
estate be sold and divided in accordance with the foregoing bequests, as soon 
as practicable after my death. 

In Witness Whereof, I, Frederick Hird, the testator, have to this my last Will 
and Testament put my seal this  __ day of __ AD 1892.
                    Frederick Hird (L.S.)

Signed, said published and declared by the above named Frederick Hird, as and 
for his last Will and Testament in the presence of us who have hereunto 
subscribed our names at h(?) (?) witnessed thereto, in the presence of the
said testator of each other.

William F Smith     Lasalle (?) Niagara Co, NY
Levi J Hixson       Lasalle (?) Niagara Co, NY