WILL OF BENJAMIN BENJAMIN, WHITEHALL, WASHINGTON, NEW YORK Copyright (c) 1999 by Janis Nickeson (Janis211@aol.com). ************************************************************************ USGENWEB 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 submittor has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ Will of Benjamin Benjamin (2 Sep 1804 - 1882) I, Benjamin BENJAMIN of the town of Whitehall, County of Washington and State of New York, being of sound mind and memory, do make, ordain, publish and declare this to be my last Will and Testament. That is to say: First. After all my lawful debts are paid and discharged, I give devise and bequeath to my well beloved wife, Elizabeth BENJAMIN the house and lot on sixth street in the village of Whitehall in which we now reside together with all the furniture and fixtures parlor kitchen and bedroom of all and singular every kind nature and description whatsoever during her life and on her decease to my Grand daughter Miriam PRATT the wife of Edwin C. PRATT Esq. Of Whitehall N.Y. to be hers absolutely and unreservedly on the decease of my said wife Elizabeth BENJAMIN as aforesaid. Second I further give devise and bequeath to my said wife Elizabeth BENJAMIN aforesaid the sum of five hundred dollars to be hers absolutely and unreservedly and to be in lieu of her dower right. Third I give devise and bequeath to my daughter Mariah COLLINS wife of Nehemiah COLLINS Esq. of the town of Whitehall the sum of two hundred dollars. I wish to leave her a token of my regard and affection and I name this sum two hundred dollars as she already has four thousand dollars in her own right from another source and is thereupon well provided for. Fourth I direct my executors hereinafter named to provide for my interment in a suitable manner and to erect over my grave a decent and suitable head stone to (mark?) my place of burial and to pay the cost thereof and the cost and expenses of my funeral. Fifth All the rest residue and remainder of my estate after discharging and paying the costs and disbursements of selling the same I will and direct to be given to and divided among my four Grand children Alice FISH, Cyrus COLLINS, Miriam PRATT (wife of Edwin C. PRATT as aforesaid) and Eunice COLLINS equally share and share alike directing, authorizing and empowering my executors hereinafter named constituted and appointed to sell all my real estate wherever situated except the house and lot on sixth street in the village of Whitehall where I and my wife now reside and which I have herein before devised and bequeathed to my said wife during her life and on her decease to my Grand daughter Miriam PRATT wife of Edwin C. PRATT to be hers absolutely either at private sale or public auction as they may deem most advantageous or as likely to realize the greatest amount and to add the avails of such sale to my personal property for the purpose of computing the amount to be divided among my said grand children provided however and on this express condition that my personal property be sufficient to pay the sum herein before bequeathed to my well beloved wife and daughter Miriam and my debts funeral expenses costs of administrating the estate and so forth I will and direct my property real and personal to be distributed and applied in the order herein above mentioned. Sixth Likewise I make constitute and appoint my wife aforesaid Elizabeth BENJAMIN and Edwin C. PRATT Esq. both herein before named and both residents of Whitehall County and State aforesaid to be executrix and executor respectively of this my last Will and Testament hereby revoking all former Wills by me made. In witness whereof I have hereunto subscribed my name and affixed my seal the thirtieth day of July in the year of our Lord one thousand eight hundred and eighty one. Benjamin Benjamin (seal) The above instrument consisting of one sheet was at the date thereof subscribed by Benjamin BENJAMIN, in the presence of us, and each of us, he at the time of making such subscription acknowledged that he made the same and declared the said instrument so subscribed by him to be his last Will and Testament. Whereupon we then and there at his request and in his presence and the presence of each other subscribed our names as witnesses thereto. William B. INGLEE residing at Whitehall NY. Lewis D. BROWN residing at Whitehall NY. In the County of Washington Will proved May 10, 1882