WILL: Richard Dunning; Malta; Saratoga Co., NY submitted 2001 by Karen Hammond Clark (dmorrisl@nycap.rr.com). ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org *********************************************************************** The Last Will and Testament of Richard Dunning, 1846 - DUNNING, FISH, KNIGHTS, ROGERS,VAIL, WALDRON. The Last Will and Testament of Richard Dunning of the Town of Malta in the County of Saratoga and State of New York. I Richard Dunning do make and publish this my Last Will and Testament in manner following to wit: I give devise and bequeath unto Lewis J. Fish of Malta aforesaid, my executor hereinafter named In Trust for the purposes hereinafter specified all and every my property and estate, both real and personal of every name, nature and description wherever situated, To have and to Hold the same In Trust in the manner and for the purposes hereinafter mentioned, and to be managed conducted and distributed as hereinafter stated: I do hereby authorize, direct and order my said executor on my decease to sell and dispose of all the goods, chattels and personal property of which I may or shall die seized and possessed, and the avails thereof to invest safely on interest, except such household furniture as my daughter Sally Maria Vail wife of George W. Vail, may select and desire to use and enjoy, which said household furniture the said Sally Maria is to be at liberty to use and enjoy fully and perfectly under the direction of my said executor ~ I do hereby authorize order and direct my said Executor to pay out and expend such sum or sums of money from the property and estate herein thereby devised and bequeathed to him in Trust, as my said daughter Sally Maria Vail may need or require for the comfortable support and maintenance of herself and family (intending by family to include her husband and children) at such proper time as my said Executor shall deem proper ~ I do also authorize, order and direct my said Executor, from said estate hereby devised to him in Trust, to furnish and provide in his discretion all proper support and maintenance to the children of said Sally Maria Vail, born or hereafter to be born of her, the said Sally Maria Vail and to educate them, by giving them and each of them the opportunities of a good common school education. Said property and Estate hereby devised and bequeathed is to remain in Trust for the purposes and in the manner aforesaid during the natural life of said Sally Maria Vail, and any receipt from her for any and all advances or expenditures shall be good and valid in the hands of any said Executor and a full and perfect authority and protection to him for any and all expenditures or advances as Executor of this will ~ On the death of my said daughter Sally Maria Vail, I do authorize, direct and order my said Executor to deliver over surrender and convey in due form of law all the property and estate both real and personal of every name nature and description then remaining in his hands or under his control in Trust under and by virtue of this Will and Testament to the child or children of said Sally Maria, which said property and Estate is to be divided among them (if more than one) share and share alike ~ In case my said daughter Sally Maria shall die leaving no child or children her surviving, I then in that case authorize order and direct my said executor to surrender and deliver over and convey in due form of law all the property and estate remaining in his hands in Trust hereunder to Richard Dunning son of my brother John Dunning. And I do further authorize and direct that my said daughter Sally Maria may, if she so choose, occupy and enjoy from year to year the real estate of which I may and shall die seized free of rent, but her right shall be merely the right of a tenant from year to year. And in case she shall thus occupy the said real estate, the avails thereof shall go towards the necessary support and maintenance of herself and family and the education of her child or children. And in case said Sally Maria shall prefer to have the said Real Estate sold, and shall in writing request my said Executor to sell and dispose of the same, said executor shall proceed to sell the same and the avails thereof to invest on interest, furnishing support and maintenance to said Sally Maria and family as aforesaid, and said executor is hereby authorized in the event of a sale to make and execute a good and sufficient deed thereof to the purchaser. I do hereby nominate and appoint said Lewis J. Fish Executor of this my last Will and Testament and hereby revoke every and all former wills by me made. In witness whereof, I have hereunto set my hand and seal, the twelfth day of June in the year of our Lord one thousand eight hundred and forty six. Richard Dunning (S.S.) The above instrument, consisting of one sheet was now here, subscribed by Richard Dunning the Testator in the presence of each of us; and was at the same time, declared by him, to be his last Will and Testament; and we, at his request sign our names hereto as attesting witnesses. George Rogers residing in Malta, Saratoga County Daniel Knights residing in Malta, Saratoga County The People of the State of New York, By the grace of God free and independent: To all whom these present shall come or may concern, SEND GREETING. KNOW YE, That on the Twentieth day of October in the year of our Lord one thousand eight hundred and fifty six at the Village of Waterford in the County of Saratoga, before Cornelius A. Waldron, Esquire, Surrogate of said County, the last will and testament of Richard Dunning late of the Town of Malta in said County, deceased, (a copy whereof is hereunto annexed,) was proved and is now approved and allowed by us; And the said deceased having, whilst he lived, and at the time of his death, goods, chattels or credits within this State, by means whereof the proving and registering the said will, and the granting administration of all and singular the goods, chattels and credits of the said deceased, and also the auditing, allowing and final discharging the accounts thereof doth belong to us: The administration of all and singular the goods, chattels and credits of the said deceased, and any way concerning his said will, is granted unto Lewis J. Fish the executor in said will named he being first duly sworn well and faithfully to administer the same, and also make and exhibit a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, and to render a just and true account thereof when thereunto required. In Testimony Whereof, We have caused the seal of office of our said Surrogate to be hereunto affixed. WITNESS, Cornelius A. Waldron, Esquire, Surrogate of said County, at the village aforesaid, the 20th day of October in the year of our Lord one thousand eight hundred and fifty six and of our independence the Eighty first C. A. Waldron