WILL: David McCrossen; Richmond, Ontario co., New York
surname: McCrossen

submitted by Judith Cannon (judyaz @ mindspring.com)
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http://www.usgwarchives.org/ny/nyfiles.htm
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Transcribed from SAMPUBCO copy by Judith Cannon

Ontario County NY Will Book Vol. S page 337

I, David McCrossen, of the town of Richmond in the County of Ontario and State
of New York, in the contemplation of the uncertainty of human life, do hereby
make, publish and declare this my last will and testament in manner following. 


1.      I give and bequeath to my wife REBECCA L.  all my household goods and
effects to be and remain  forever at her disposal.  I also give devise and
bequeath to my said wife the use in  common profits of all my seal estate
during her natural life, subject nevertheless to and upon the conditions
following.  That is to say, if my personal estate when sold, except the
household goods as above mentioned, shall not amount to the sum of eight
hundred dollars, then, one half of my seal estate shall be rented year after
year successively until the deficiency of the said sum of eight hundred
dollars shall be made up or realised(?), provided that the same shall be made
up in the life time of my said wife; providing however, that my said wife may
allow the whole or any part of the household goods as above mentioned, to be
used for the purpose of assisting to make up the said sum of eight hundred
dollars as aforesaid:

2. I give and bequeath to my three daughters, named as follows, JANE, CAROLINE 
M., and ELEN L., two hundred dollars each and to my four grand children named
as follows, ALBERT, ELIZABETH P.(?), ANGELINE and REBECCA, the children of my
daughter MARY, deceased, fifty dollars each:  The bequests to my three
daughters and four grand children to be paid in manner following, that is to
say, all my personal estate except the household goods as above mentioned,
shall be disposed of at the discretion of my Executors, and the avails thereof
equally divided between my said three daughters and my said four grand
children as above named, in proportion to the sums bequeathed to each:  But,
in case my personal property when sold, together with whatever of the
household goods which my said wife may be disposed to have used for that
purpose, shall not amount to the said sum of eight hundred dollars, then, the
deficiency thereof shall be made up out of the yearly rent of the said on half
of my real estate, provided the said yearly rent shall amount, in the lifetime
of my said wife, to a sum sufficient therefore:  And the the said annual rent
of the one half part of my real estate. Shall be annually divided between my
said three daughters and said four grand children in proportion to the amount
bequeathed to each:

3. Immediately after the decease of my said wife, all my real estate hereby
devised and bequeathed, if not before sold, shall be equally divided between
my sons named as follows, JAMES, JOHN, DAVID, WILLIAM, HENRY, NIXSON, GEORGE
H. and CHRISTOHER C. or the survivors of them provided any of them shall die
without lawful issue before such final division: but in case any of them shall
die leaving lawful issue surviving them, such issue to stand in the place of
and take the share that the parent would if living: 

4. If at the time of the decease of my said wife, the said sum of eight
hundred dollars shall not have been made up as above provided for, then my
Executors herein after named, shall sell my said real estate, and out of the
moneys insuing(?) from such sale, shall pay to my said three daughters and
four grandchildren as above named, the suns that may be due them on the
bequests as above made, and pay the balances thereof to my said sons as above
named, respectively, of to their lawful issue as the case may be: providing,
however, that my said sons may pay the eight hundred dollars or the balance
thereof, as the case may be; if they prefer so to do:

5. Where as my said son GEORGE H. is now indebted to me in the sum of two
hundred dollars, I do hereby direct, that in case the said sum of two hundred
dollars with annual interest thereon from the day of the date hereof, shall
not be duly paid to my Executors, then that portion of my real estate given,
devised and bequeathed to my said son GEORGE H. shall be sold and anything in
the foregoing to the contrary notwithstanding the amount of the said sum of
two hundred dollars and interest thereon as above provided, shall be retained
and appropriated on the eight hundred dollars bequeathed to my three daughters
and four grandchildren, provided the said sum of eight hundred dollars shall
not have been previously made up; but in case it has been made up, then to be
divided equally between my other sons as above named:

6.  The bequests herein above given to my said wife are to be received by here
in lieu of dauser(?)

7. I do hereby appoint BENJAMIN REGUS of the town of Richmond in the County of
Ontario and Sate of New York and HIRAM COLEGROVE of the town of Canadice,
County and State aforesaid, Executors of this my last will and testament with
full power as trustees or otherwise, to execute, perform and fulfill all the
conditions of this my will as aforesaid, and as herein after provided, that is
to say,

Item(?) In case my said Executors shall deem it advisable and for the best
interests of all persons concerned in this my will as above mentioned, to sell
and dispose of my real estate, then and in such case they shall have full
power to so do, and to appropriate the moneys arising from such sale according
to the provisions of this my will as aforesaid:

        In witness whereof I have hereunto set my hand and seal this fifth day
of February, one thousand eight hundred and sixty four:


his
David      X      McCrossen
Mark