WILL: Peleg G. Rogers; Butler, Wayne co., New York
surname: Rogers

submitted by Kathleen simmons (ron_kate_simmons at worldnet.att.net)
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Source: Wayne co NY Will Book Vol. H page 388
Written: 22 Dec 1858
Probated: 

In the name of God, Amen; I, Peleg G. Rogers, of the Town of Butler, in the
County of Wayne, and State of New York, of the age of forty six years and
being of sound mind and memory do make publish and declare this my last will
and testament, in manner following: that is to say: 

First, I give to my wife Cynthia A. Rogers in trust all my estate both real
and personal, accounts, judgements, mortgages, notes and all demands,
wheresoever the same may be either in the United States or Canadas, This is
not understood to interfere With her rights of dower or any other rights given
by statute. This first is to continue, and she is to be executrix and in full
power while she lives or remains my widow, to have, use and enjoy sufficient
and what is necessary for her main business. And I commit the tuition and
custody of our only surviving son, John E. Rogers unto my said wife Cynthia A.
Rogers his being of the age of four years the fifteenth day of last March,
provided she remains my widow, but if she dies or marries during the non age
of our said son John E. Rogers or if at any time previous she shall become
incapacitated then said trust shall cease and I hereby appoint my friends Asa
Foster, and Thomas Lang of Butler and James R. Winegar of Savannah all of
Wayne County and State of New York whom I hope and trust will assist and
advise my said wife as long as she shall live and whom I hereby appoint my
executors of this my last will and testament, hereby revoking all former wills
by me made. It is understood that all my just debts are to be canceled and
paid out of my Estate as soon as may be after my decease, not interfering with
the dower rights of my wife after my decease. In case our said son, John E.
Rogers shall die before, she shall receive the full estate or his said mother
shall die leaving him propertied of the said estate and he should die leaving
no lawful issue, then at his death all that part of my estate not necessary to
pay his just debts shall descend to Thomas S. Carpenter of Saratoga County and
to his heirs, and to John Rogers, son of Adam Rogers formerly of Saratoga
County and to this said Johns heirs to be divided equally between said Thomas
S. Carpenter and said John Rogers and their heirs, nothing herein contained
shall be so construed as to prevent our said son John E. Rogers from holding
and enjoying my said estate, him and his lawful issue during their natural
lives. And I hereby desire and request that the said Thomas Lang, Asa Foster,
and James R. Winegar shall associate with my said wife in taking letters of
administration without any bail being required, and in case of the death or
other inability of my said wife, then I commit the tuition and care of our
said son John E. Rogers unto the said executors of this my last will and
testament, until he shall arrive at the lawful age and capability of taking
care of himself. In witness where of I have hereunto set my hand and seal this
twenty second day of December one thousand eight hundred and fifty eight.

Peleg G. Rogers