WILL: James Hopkins; Sodus, Wayne co., New York surname: Hopkins, Fuller, Mc Mullen, submitted by Joane (jowest at doitnow.org) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Source: Wayne co NY Will Book Vol. F page 271 Written: 20 Jan 1850 Probated: WILL of JAMES HOPKINS Will of James HOPKINS of the town of Sodus in the county of Wayne and the state of New York: I, JAMES HOPKINS of Sodus aforesaid being of sound and disposing mind, memory and undertanding, do make and publish this my last will and testament in manner and form following to wit: FIRST. I give and devise to my two grandsons SAMUEL FULLER and ALCANZER FULLER, children of my daughter EUNICE FULLER, a piece of land of 25 acres in Sodus aforesaid, bounded as follows: on the north by BRANDALL REYNOLDS land, on the west by ANDREW WEAVER's land, on the south by CHAUNCEY FORD's land, and on the east by lands of JAMES HOPKINS, Junior, to have and too hold the same to the said SAMUEL and ALCANZER their heirs and assigns forever, to be divided between them as it is now occupied by theirs. SECOND. I give and devise to my son THOMAS HOPKINS a piece of land of twenty five acres situate in the town of Lyons in said county, being the north-west quarter of Lot number three, township 13th, and bounded on the north by EDE ALDEN, on the south by ROBERT D. DENNIS's land, and on the east by lands of said THOMAS, to have and to hold the dame to the said THOMAS, by his heirs and assigns forever. But in case I should sell and convey the same before my death, I give and bequeath to my said son THOMAS the sum of three hundred dollars in lieu of said devise of 25 acres of land. THIRD. I give and bequeath my personal estate, subject to the conditional legacy of three hundred dollars above mentioned, to my children NICHOLAS HOPKINS, THOMAS HOPKINS, ELIZABETH McMULLEN and EUNICE FULLER, and to my grandchildren IRENA, MIRANDA and JANE, daughters of said Eunice, the same to be divided among them in the following manner, to wit: To NICHOLAS HOPKINS one fourth part thereof: To THOMAS HOPKINS one fourth part thereof: To ELIZABETH McMULLEN one fourth part thereof: And the remaining fourth part thereof to be divided as follows: To EUNICE FULLER twenty five dollars thereof, and the remainder of said fourth, after deducting said 25 dollars to be divided among said grandchildren in the following portions: To IRENA one half of said remainder: To MIRANDA one third of said remainder: To JANE one sixth of said remainder: FOURTH. And whereas I have heretofore paid to my children NICHOLAS, THOMAS, ELIZABETH and EUNICE, and to my grandchildren IRENA, MIRANDA, and JANE, different sums of money and taken receipts therefor specifying that the said sums so paid are to be acounted for hereafter in the settlement of my estate, now therefore my will is that, in the divisionof any personal estate as above provided in the third clasue of this my will, such receipts and any such receipts as I may hereafter take from them, shall be added to the whole amount of such personal estate prior to the division thereof, and that in making actual distribution of the said property, said receipts shall be paid or distributed by my executors to my several children and grandchildren last above named, whose names may be subscribed to such receipts, as so much money. But in case the receipts against any one or more of such children or grandchildren shall exceed in amount their share of shares of the said personal estate so to be distributed, then my will is that such children or grandchildren be excluded altogether from any shares of such personal estate, and that the receipts of those so excluded be also left out of the said fund. FIFTH. And whereas I have heretofore sold and conveyed certain real estate and distributed the avails theseof among certain of my children or grandchildren, and have conveyed certain other portions of my real estate to my children or grandchildren, and to other of my children or grandchildren have given money and other personal property or permitted them to enjoy the rents(?) and profits of my real estate, at different times, now therefore my will is that none of my said children or grandchildren are to be called on to account for the same in any manner to my estate or to my executors after my death in any case, unless such children or grandchildren shall be found to have given such(?) receipts specifying, or to the effect that they are to account for the same after my death in the settlement of my estate. SIXTH. And lastly, I do hereby appoint my sons, JAMES HOPKINS, Junior and FREEMAN HOPKINS executors of this my last will and testament, and I hereby evoke all forever wills by me at any time made. In witness whereof I have hereunto set my hand and seal at Lyons aforesaid, this twenty fifth day of January in the year of our Lord one thousand eight hundred and fifty. [January 20, 1850] [Signed] JAMES HOPKINS The above instrument written on one sheet of paper, was at the date thereof subscribed by the said testator JAMES HOPKINS, in our presence, and the said tesattor at the same time declared the said instrument so subscribed by him to be his last will and testament and we at his request, in his presence and in the presence of each other have subscribed our names hereto as attesting witnesses. JAMES C. SMITH of Lyons, Wayne County, N.Y. FRANCIS E. CORNWELL Lyons, Wayne County, N.Y.