WILL: George Randolph; Walworth, Wayne co., NY surname: Randolph, Knapp, Burr, Mason, Tiffany, Merrill, Stoddard, Spear, Rhodes, Rud submitted by Scott R Davis (scottinhawaii @ mac.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Source: Wayne County Courthouse Wayne County NY Will Book Vol M page 13 Written: 30 Jul 1868 Probated: The last will and testament of George Randolph of the town of Walworth in the county of Wayne and State of New York. I George Randolph of the aforesaid town of Walworth considering the uncertainty of this mortal life and being of sound mind and memory (Blessed be Almighty God for the same) do make and publish this my last will and testament in manner and form following to wit - First - I give and bequeath unto my beloved wife Abigail Randolph the sum of twelve thousand dollars to be paid to her immediately after my decease & to be paid to her in any kind of investments as shall belong to me at the time of my decease and the same to be selected by herself with the aid of my executors hereinafter name and she to have the interest on such investments as shall be so selected from and after the day of my decease. Also in addition to the above legacy I give and bequeath unto my said beloved wife three hundred dollars to be paid when as soon as m may be after my decease. Also in addition to the forgoing I give and bequeath to my said beloved wife all or such portion of my household furniture including beds and bedding and all my silver plate and all such books as she may desire and which shall be on hand at the time of my decease. Also our horse buggy and barns all of which is to be entirely at her own control and disposal and I wish it distinctly understood that the forgoing legacies to my said wife are intended to be instead of and in lieu of dower in my estate which she would otherwise by law be entitled to. Second - I give and bequeath unto the heirs of my deceased sister Elisabeth Knapp (excepting Nancy Burr and Phebe Ann Mason) the sum of five hundred dollars to be divided equally between such of them as shall be living at the time of my decease. Third - I give and bequeath unto the heirs of my deceased sister Mary Knapp the sum of five hundred dollars to be divided equally between such of them as shall be living at the time of my decease. (over) Fourth - I give and bequeath unto my niece Eliza Randolph daughter of my deceased brother John Randolph the sum of three hundred dollars. Fifth - I give and bequeath unto my brother Benjamin H Randolph the sum of two thousand dollars. Sixth - I give and bequeath to my sister Catherine Tiffany, widow of the late Edwin Tiffany the sum of twelve hundred dollars. Seventh - I give and bequeath unto my brother Edward Randolph the sum of five hundred dollars Eighth - I give and bequeath unto my friend Orman O Mason one of my executors hereinafter named and appointed the sum of one thousand dollars as a full consideration for his services as executor of this my last will and testament as aforesaid instead of the compensation expenses and commissions he would otherwise by law be entitled to as such executor. Ninth - I give and bequeath unto my much esteemed friend Wesley Mandavill the sum of one thousand dollars Tenth - I give and bequeath unto m the Trustees of the Methodist Episcopal Church and Society (located at what is known as East Walworth in said county) and to their successors in office forever (subject to the conditions herein after named) in trust for the uses and purposes of said church and society and to be disposed of from time to time by a majority vote of the trustees of said church and society, the use and income of ten hundred dollars and it is my will that the said sum of ten hundred dollars be paid over to the trustees of said church within eighteen months from and after my decease and that the said trustees immediately or as soon as may be after the receipt of the same proceed to invest it in their discretion and to the same invested thereafter and the interest on income of the same from time to time received to be used for the benefit of said church as above provided but in case the trustees of said church shall at any time thereafter build a new church edifice for the said church and society to worship in then and that case it is my will that the said principal sum of ten hundred dollars be appropriated to the building of such church provided that a majority of the then trustees of said church shall so determine. All the forgoing legacies the time of payment of which is not fixed I hereby direct to be paid to the respective legatees entitled hereto within one year from and after my decease provided there is personal property enough in my estate to pay the same but in case there shall not be personal property enough to pay the same then and in that case the balance of such legacies are to be paid when a sufficiency of funds shall be received and realized by my executors from the sale of my real estate as hereinafter provided to pay the same but in paying the above legacies the first to be paid in regard to the order is left to the discretion of my executors hereinafter named. Eleventh - I will and ordain that the executors of this my last will and testament for and toward the executing and performance of this my last will and testament shall with all convenient speed consistent in their judgment with the best interest of my estate and all concerned therein after my decease proceed to bargain sell and lien in fee simple all my real estate lands and tenements situated in the said town of Walworth and being in the farm which I lately resided and lived containing about one hundred and fifty acres of land and for doing ? and ? finishing when of I do by these pursuits give to my executors and their executors full power and authority to grand and lien bargain sell and convey all the said lands and tenements to any person or persons and their heirs forever in fee simple by all and every such lawful ways and means in the law as to my said executors or their executors or to their counsel learned in the law shall seem (over) fit or necessary and in like manner. I do further direct my executors hereinafter named in pursuance of law to sell all my personal estate not above particularly disposed of except my bonds & mortgages United Sates bonds promissory notes and cash on hand at the time of my decease and as soon as the money shall be realized from such sale & then investments and from the sale of my real estate as when ? did that they proceed to pay all my first debts and funeral expenses including the expense of erecting to my grave a suitable monument and this expense of settling my estate also that they close up the payment of all foregoing legacies and all the rest and residue of my estate personal and real or of what s? name or nature after paying my debts expenses & legacies as above provided. I give bequeath and devise to my brother Benjamin H Randolph to the children of my deceased sister Mary Knapp to wit Hiram Knap Julia Bicknal and Mary Gardner and to the trustees of the Methodist Episcopal Church at East Walworth and to their successors in office as named and stated in the foregoing legacy to said Trustees. And further it is my will the said residue portion of my estate shall be divide between the legatees entitled thereto in the following ratio or proportion to the to wit my brother Benjamin H Randolph to share in proportion to the sum of two thousand dollars. the children of my deceased sister Mary Knapp to with Hiram Knapp. Mary Gardner Julia Bicknal to share in proportion to the sum of five hundred dollars collectively and the trustees of the Methodist Episcopal Church located at East Walworth as aforesaid to have in proportion to the sum of ten hundred dollars and further it is my wish that the share according to said ratio falling to the said children of my deceased sister Mary Knapp shall be divided equally between them & be paid to them within eighteen months from and after my decease. And further it is my will that the share falling to the Trustees of the Methodist Episcopal Church at Walworth as aforesaid shall be managed and dispensed of in the same manner used in all respects in the same way as the foregoing legacy of ten hundred dollars is to be deposed of by the trustees of said church. And further I direct that this last legacy be paid over to the trustees of said church within eighteen months from and after the time of my decease. Also in like manner that the last named legacy to my brother Benjamin H Randolph be paid to him within eighteen months from and after the time of my decease provided my executors hereinafter named shall have sold and disposed of my real estate as herein fore provided and have received the avails of such sale if not it is my will that the payment of all the legacies given from the residue portion of my estate as aforesaid be delayed or postponed until my real estate be sold and the avails of such sale be realized by my executors and then said legacies to be paid immediately. Twelfth and Lastly I do humbly appoint my friends Drufer Osbaud and Orman O Mason executors of this my last will and testament hereby revoking all former wills and testaments by me made. In Witness whereof I have hereto fixed my hand and seal this twenty third day of October in the year of our Lord one thousand eight hundred and sixty-six. George Randolph Codicil to the foregoing Will Whereas I George Randolph of the town of Walworth in the county of Wayne did on the 23 day of October 1866 make and execute my last will & testament which is the foregoing written instrument and did in and by the first article of the said Will give and bequeath to my wife Abigail Randolph a certain legacy of $12300 and certain household furniture and other property. Now I do by this instrument which I hereby declare to be a codicil to my said last will and testament and to be taken as a part thereof and annexed thereto declare and it is my will that in case my said wife Abigail Randolph shall die before my decease then the said legacy so given and bequeathed to her shall not lapse but in that event I give and bequeath the said legacy so give to her as follows - First - I give and bequeath to her brother Benjamin Merrill the sum of one thousand dollars Second- I give and bequeath to her sister Nancy Stoddard the sum of three thousand dollars ($3000) Third - I give and bequeath to Mahala Spear sister of my said wife three thousand dollars ($3000) Fourth - I five and bequeath to Sarah Rhodes a Niece of my said wife Two Thousand dollars ($2000) Fifth - I give and bequeath to Rufus Rud a Nephew of my said wife Five hundred dollars Sixth - I give and bequeath unto Fanny Rud a Niece of my said wife Five hundred dollars Seventh - I give and bequeath unto Abby Rud a Niece of my said wife Five hundred dollars Eight - I give and bequeath unto the First Methodist Episcopal Church situated at what is called East Walworth one thousand dollars for the uses and purposed of the said church and society to be paid over to the trustees of said church and society and to be held and used and appropriated to the use of said church as they shall direct Ninth - I give and bequeath to George R Stoddard the sum of $400 (four hundred dollars) Tenth - I give and bequeath to Merril R Spear Four hundred dollars. Lastly - All the rest and residue of the said legacy so given to my said wife including household furniture and other property I give and bequeath to the said Nancy Stoddard Mahala Spear and Sarah Rhodes to be divided equally between them share and share alike. In case my said wife shall survive me then this codicil shall not in any manner change or effect my said will In Witness whereof I have hereto set my hand a seal this 30 day of July 1868 George Randolph