WILL: Chauncey Buell; Waterville, Oneida co., New York surname: Buell, Barber, Coman, Storrs, Winchell submitted by Betty J. Burdan (bjburdan @ ptd.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Source: Oneida co NY Will Book Vol. 36 page 41 Written: 28 Sep 1880 Probated: after 11 Feb 1885 Codicil added: November 4, 1884 Died: February 11, 1885 In the Name of God Amen. I Chauncey Buell of the village of Waterville County of Oneida and State of New York being of the age of eighty four years and upwards and being of sound mind memory and understanding do make and publish and declare this my last will and testament in [---- ?] and form following that is to say. First: I hereby name nominate constitute and appoint George N. Church and Horace P. Bigelow both of Waterville aforesaid and the survivor of them Executors of this my last will and testament and hereby order and direct them as soon as conveniently may be after my decease to pay all my funeral and testamentary expenses and all just debts then owing by me of every name and nature in whatever manner evidenced or secured. Second: I hereby give devise and bequeath unto my beloved wife Sarah M. Buell me surviving the use rents and profits during the full term of her natural life and until her decease of the house and barn and ordinary outbuildings and garden attached consisting part and parcel of the homestead premises now and for many years owned and occupied by me at Waterville aforesaid such rents and profits thereof during the full term of her natural life to belong to my wife forever. Third: I give and bequeath unto my wife Sarah M. Buell me surviving and to her heirs and assigns forever all the provisions and groceries and such and all other family supplies which may be on hand at my decease as her absolute property. Fourth: I hereby give and bequeath unto my wife Sarah M. Buell me surviving the use and entire control and possession and occupancy during the full term of her natural life of all the household furniture and furnishings owned by me at the time of my decease. Fifth: As soon as practicable after my decease I direct that my said Executors shall from my personal estate and collections or if needs be from sales and avails of my real estate act-apart and safely invest on annual or if practicable on semi annual interest the sum of eight thousand dollars and collect the interest as it falls due and payable and pay the same over to my wife Sarah M. for and during the full term of her natural life and with her decease all which use interest and income of said fund of eight thousand dollars during the full term of her natural life I give devise and bequeath unto my wife Sarah M. Buell and to her heirs and assigns forever. Sixth: I hereby order and direct that the bequests legacies and devises and other provisions herein given to and made for my wife Sarah M. Buell shall be accepted and received by her for and in lieu and in full satisfaction on her part of all claims for dower or thirds in any and all real and personal estate of which I may die seized: Seventh: After payment and discharge of funeral and testamentary expenses and debts and cutting apart the property and fund above specified for my wife as herein before provided I hereby order and direct my said executors to sell and convey any and all other real estate of which I may die seized aside from the portion set apart to my wife during her natural life and sell and convert into money any and all remaining personal estate of which I may die seized and collect all sums owing me from any and all sources whatsoever so far as the same shall prove collectible and the whole of avails of such real estate and personal property and collections shall constitute a fund which I hereby order and direct shall be divided into four equal parts or portions which equal parts or portions I give and devise and bequeath as follows to wit: To my daughter Sarah M. Barber one equal fourth part thereof. To my son Edmond W. Buell one equal forth part thereof. To my daughter Charlotte E. Coman one equal fourth part thereof To my daughter Clarissa E. Storrs the other and remaining fourth part thereof the heirs of any one that may then be deceased to take in equal shares or portions the part to which such deceased child should have been entitled as aforesaid if living. Eighth: At the decease of my wife Sarah M. Buell I hereby order and direct that my said Executors shall sell and convey on the best terms attainable the real estate of which the use rents and profits are above given to my wife during her natural life and shall sell and invest such money any and all household furniture and furnishings then remaining and any and all other property of any belonging to my estate and the whole shall constitute a fund which I hereby order and direct shall be divided into four equal shares or portions the one of which equal shares or portions I give devise and bequeath unto each of my said four children. Sarah M. Barbor, Edmond W. Buell, Charlotte E. Coman and Clarissa E. Storrs share and share alike the heirs of anyone that may be deceased to take in equal parts or portions the part to which such deceased child would have been entitled as aforesaid if living. Ninth and Lastly: I hereby revoke any and all former Wills by me at any time made, and hereby declare this and this only to be my last will and testament. In Witness whereof I Chauncey Buell the testator above named have hereunto subscribed my name and affixed my seal this 29th day of September A. D. 1880. Chauncey Buell, LS The above instrument consisting of this and any preceding sheets of paper was at the date thereof signed, sealed, subscribed published and declared by Chauncey Buell the testator therein named as and for his last Will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as attesting witnesses thereto. Frank L. Babbott, Waterville, Oneida Co., NY Louis P. Fress, Waterville, Oneida Co., NY Whereas, I Chauncey Buell of the Village of Waterville in the County of Oneida and State of New York have made my last Will and testament in writing bearing date the 29th day [of] September one thousand eight hundred and eighty in and by the fifth item and clause of which I have provided and set apart the sum of eight thousand dollars as a fund [for] the use and wisdom of which I have given and bequeathed unto my beloved wife Sarah M. Buell for and during the full term of her natural life and until her decease in manner therein particulars described and set with. Now therefore I do by this my writing which I hereby declare to be a codicil to my said last Will and testament and to be taken and construed in connection therewith and or a part thereof, order and direct that my will is that the sum of Twelve Thousand Dollars be set apart as the fund therein provided and specified for the use and benefit of my wife Sarah M. Buell during the full term of her natural life and until her decease instead of the sum of eight-thousand dollars as in and by any said will heretofore provided. And lastly. It is my desire that this codicil be annexed to and made a part of my said last Will and testament as aforesaid to all intents and purposes and to be taken and construed in connection therewith hereby republishing and confirming each and every other provision and right and bequest and devise in my said last Will and testament contained and provided for. In Witness whereof I Chauncey Buell the testator above and in said will named have hereunto set my hand and seal this 4th day of November A. D. 1884. Chauncey Buell, L. S. The above instrument consisting of this one half sheet of paper was at the date thereof, signed, sealed, published and declared by Chauncey Buell the testator therein named to each of us well known as and for a codicil to his said last Will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as attesting witnesses thereto Louis P. Fress, Waterville, NY. Edmond B. Terry, Waterville, NY. State of New York; County of Oneida; SS I W. B. Bliss surrogate of said county do hereby certify the foregoing to be the record of the last Will and testament of Chauncey Buell deceased and the proper and examinations taken thereon. W. B. Bliss, Surrogate [Submitter notes: Chauncey Buell (b. June 25, 1796) died Feb. 11, 1885). His beloved wife Sarah M. Buell (b. Dec. 7, 1809) died Nov. 3, 1893. Chauncey married on Nov. 8, 1826, Sarah Maria Winchell. Their obituaries appeared in the Waterville Times, Waterville New York. Chauncey's on Feb. 13, 1885 and Sarah Maria's on Nov. 10, 1893. Both are buried at the Waterville Cemetery in Waterville, NY.]