WILL: Nathan S. Beardslee; Warsaw, Wyoming co., New York
surname: Beardslee, Bristol, Patterson, Miller, Bratsford, Robinson, K--tz,
Small, Bucklin, Arkwright, Mcgee, Donohue, Moore, Foote, Norton, Eastman,
Hammonds

submitted by Mary McGinnis (magnnis at usit.net)
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Source: 
Wyoming Co New York wills Vol 6 page 325
Written: 6 May 1915
Probated: 13 Dec 1915

Nathan S. BEARDSLEE of Warsaw

Will:

I, Nathan S. BEARDSLEE of Warsaw, Wyoming County 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, in manner and form following:

First: I give and bequeath to my beloved wife, Carolin B. BEARDSLEE, all of my
household furniture and household goods of every kind; and all my clothing,
jewelry, books, pictures, plate and glassware, horses, carriages, sleighs,
harnesses, robes, and all similar goods; and all articles of virtue, and
ornaments of every kind, at or in use, at my residents in Warsaw; at the time
of my decease, the same to include all personal property owned by me at the
time of my deases and sued in, at or with my house or the stables or grounds
connected therewith.

Second: I desire to be buried in the Warsaw Cemetery, at Warsaw, N.Y., in my
lot therein.

And, if I have not, at the time of my decease, erected a monument on such lot
in said cemetery, I direct my executors hereinafter named to purchase and
erect on such lot; a suitable monument of granite, costing not more than Three
thousand five hundred dollars, ($3,500) and not less than Two thousand five
hundred dollars ($2,500).

Third: I give and bequeath to the wardens and vestrymen of Saint Andrews
Church, of the village of New Berlin, the sum of One thousand dollars
($1,000), the interest of which is to be and shall be used and expanded by
them normally in caring for and keeping in repair and order my lot in said
cemetery, and also in caring for and keeping in order and repair the lot in
said cemetery, respectively, known as the family lots of my father and
grandfather, and also in caring for and keeping in good repair and condition
the monuments and stones upon each and all of said lots in this paragraph
named.

Fourth: I give and devise to my beloved wife, Carolin B. BEARDSLEE, to her,
her heirs and assigns forever, my house, stables, and the lot premises and
grounds on which the same are standing, which said premises are situated on
the north side of Buffalo Street in the Village of Warsaw, Wyoming County, New
York, and consist of about three acres of land, being the same land, a potion
of which was purchased by me of T. J. PATTERSON, a potion of the Warsaw Union
School District, a portion of Irving G. BATSFORD and the remainder of the
Edwin MILLER estate. The whole comprising the house, stables and premises now
occupied and used by me as a residence and the grounds connected therewith.

Fifth: I give and bequeath to my beloved wife, Carolin B. BEARDSLEE, the sum
of Thirty thousand dollars ($30,000), the same to be paid to her within one
year after my decease, and as much sooner as the same can be paid without
causing loss or inconvenience to my estate.

Sixth: In the event that my beloved wife, Carolin B. BEARDSLEE, dies before my
decease, I give, devise and bequeath to her brother, Henry R. BRISTOL, the
aforesaid house, stables, premises and grounds described in the Fourth
paragraph hereof; and also the foresaid household furniture and personal
property in said house, stables and on said premises, described in the estate
paragraph hereof to be his and his heirs forever.

In the event of the death of said Henry R. BRISTOL, before the aforesaid
property vests in him, under this paragraph of this instrument, leaving issue
then and in that event I give, devise and bequeath the aforesaid property so
given to him to with issue, share and share alike, subject, however, to the
same contingency.

Seventh: In the event of the death of beloved wife, Carolin B. BEARDSLEE,
before my decease, and both her mother, Martha J. BRISTOL, and her sister,
Laura B. ROBINSON, or either of them survive me, then, I give to the survivors
or survivor of the trustees hereinafter named the sum of Fifteen thousand
dollars ($15,000, in trust, nevertheless to take, hold, invest and reinvest
the same in securities of the class and character prescribed for the
investment of the trusts in this instrument provided for, and to pay the net
income, in equal shares, to the said Martha J. BRISTOL and Laura B. ROBINSON
during their natural lives, and upon the death of either, to pay the whole net
income to the survivor, during her natural life.
On the death of both said Martha J. BRISTOL, and said Laura B. ROBINSON, the
said principal sum of Fifteen thousand dollars ($15,000) to fall into trust be
and become part of the residue of my estate and be disposed of under the
residuary provisions hereof.

Eighth: In the event of the death of my beloved wife, Carolin B. BEARDSLEE,
before my decease and her sister, Belle B. K__TZ, survived me, then and in the
event, I give and bequeath to the said Belle B. K__TZ, the sum of Five
thousand dollars ($5,000)

Ninth: In the event of the death of my beloved wife, Carolin B. BEARDSLEE, be
fore my decease, and her sister Millie H. BRISTOL, survive me then and in the
event I give and bequeath to said Millie J. BRISTOL the sum of Five thousand
dollars ($5,000).

Tenth: In the event of the death of my beloved wife, Carolin B. BEARDSLEE,
dies before my decease, and her brother William BRISTOL, and his wife, Ida
BRISTOL, or either of them survives me, then and in that event, I give and
bequeath to the survivors or survivor of the trustees hereinafter named, the
sum of Twenty thousand dollars ($20,000), interest, nevertheless, to take,
hold, invest and reinvest the same in securities of the class and character
prescribed for the investment of the funds of the trusts in this instrument
provided for and to pay the net income therefore to said William BRISTOL and
Ida BRISTOL, his wife, in equal shares, annually while they both live; and
upon the death of either, to pay the whole of the net income toe the survivor
during the life of such survivor except that in the event said Ida BRISTOL
survives her husband, said William BRISTOL, (and thereafter remarries) then
her interest in said fund and the income is to cease and terminate upon her
remarriage.

Upon the death of William BRISTOL, and the death or remarriage of his wife,
said Ida BRISTOL, I give and bequeath the whole of the principal of said trust
fund, Twenty thousand dollars ($20,000) to the issue of said William BRISTOL
and his wife, said Ida BRISTOL, share and share alike; subject however to the
contingency at the beginning of this paragraph, viz: the tenth, expressed.

Eleventh: In the event of the death of my beloved wife, Carolin B. BERDSLEE,
dies before my decease, and in the further event that I own any stock in the
SMALL and BUCKLIN Lumber Company, of New Westminster, B. C., at my decease,
then I give and bequeath one-half of said stock or the proceed thereof to my
nephew, Jabez Dwight BEARDSLEE, and in the even that said Jabez Dwight
BEARDSLEE is the deceased I give and bequeath the same to his issue, share and
share alike, subject however to the foregoing contingencies.

Twelfth: I give and devise to my nephew, Jabez Dwight BEARDSLEE, my farm
situated in the town of Pittsfield, Otsego County, New York, being the same
lands heretofore owned by my brother, Augustus J. BEARDSLEE, now deceased and
myself, and of which my said brother conveyed to me all his interest therein;
and also the building and premises in said town, known as the ARKWRIGHT Store
Building and premises to be his and his heirs and assigns forever and in the
event of his death before my decease, I give and devise the same, viz= said
farm and said ARKWRIGHT Store Building and premises, to his issue, share and
share alike.

In the event that before my decease I have sold said farm and taken a mortgage
back thereon to secure the purchase price, or part thereof, then and in that
event, I give and bequeath such mortgage and all evidences of such mortgage
debt, if any, to my said nephew, Jabez Dwight BEARDSLEE, to be his and his
heirs and assigns forever; and in the event of his death before my decease, I
give and bequeath the same to his issue share and share alike.
I also give, devise and bequeath to my said nephew, Jabez Dwight BEARDSLEE, or
in the event that he predecease me, then to his issue the north cemetery lot
of the two cemetery lots owned by me in St. Andrews Church Cemetery in New
Berlin, N. Y.

Thirteenth: I give and bequeath to Nellie McGEE, of Warsaw, N. Y., who has
been in my employment since 1893, and who has always tendered the most kind
and efficient service, the sum of One thousand dollars. ($1,000)
And in the event of the death of my beloved wife, Carolin B. BERDSLEE, does
not survive me, and in the further event that said Nellie McGEE is in my
service at the time of my decease, then I give and bequeath to the trustees,
hereinafter named, the survivors or survivor of them, the sum of Four thousand
dollars ($4,000), in trust, nevertheless, to take, hold, invest and reinvest
the same in securities of the class and character hereinafter prescribed for
the investment of the funds of the trusts herein created and to pay, annually,
the net income there from to said Nellie McGEE during her life, as a further
token of my appreciation of her long continued service.

On the death of said Nellie McGEE, the principal of said trust fund is to fall
in and be and become a part of the residue of my estate, and be disposed of
under the ______ provisions hereof. My wife, in her will, having made further
provision for said Nellie McGEE, in case my wife survives me.

Fourteenth: I five and bequeath to Mary DONOHUE, of Warsaw, N. Y., who has
been in my employment since 1904, and who has always rendered the most kind
and efficient service, the sum of Six hundred dollars ($600).

And in the event of the death of my beloved wife, Carolin B. BEARDSLEE, does
not survive me, and in the further event that said Mary DONOHUE, is in my
service at the time of my decease, then I give and bequeath to the trustees,
hereinafter named, the survivors or survivor of them, the sum of Two thousand
five hundred dollars ($2,500), in trust, nevertheless, to take, hold, invest
and reinvest the same in securities of the class and character hereinafter
prescribed for the investment of the funds of the trusts herein created and to
pay, annually, the net income there from to said Mary DONOHUE during her life,
as a further token of my appreciation of her long continued service.

On the death of said Mary DONOHUE, the principal of said trust fund is to fall
in and be and become a part of the residue of my estate, and be disposed of
under the ______ provisions hereof. My wife, in her will, having made further
provision for said Mary DONOHUE, in case my wife survives me.

Fifteenth: I give, devise and bequeath to the trustees hereinafter nominated
and appointed, the survivors or survivor of them, in trust, nevertheless, to
take, hold, control, invest and reinvest in securities of the class and
character hereinafter prescribed for the investment of the funds of the trusts
in this instrument created, the sum of Ninety four thousand five hundred and
fifty dollars ($94,550.00), and receive the interest there from and to pay
over to by beloved wife, Carolin B. BEARDSLEE, each income, after deducting
there from the expense of administering said trust, annually, or a much often
as the same may be conveniently paid by them, during her natural life, or
while she remains unmarried.

Sixteenth: Upon the death or remarriage of my said wife, Carolin B. BEARDSLEE,
in the event that I have not erected, during my lifetime, and transferred to
the village of New Berlin, Chenango County, New York, a free public library,
and historical museum building, in said village, for the use and benefit of
the residents of said village, and the school district within which said
village is located, then and in that event, I give and bequeath to the said
village of New Berlin, N. Y., out of the said trust fund created in the
Fifteenth Paragraph hereof, the sum of Fifteen thousand dollars ($15,000), to
be accepted, used and expended by said village, under and pursuant to the
provisions of section 1027 to 1044 of the Education Law of the State of new
York, and the amendments thereto, for the purpose of erecting, in said
village, and properly and adequately equipping with heating and plumbing
system, a building, and furnishing the same with proper and adequate shelving
and furniture, upon a site to be furnished by said village, without expense to
this fund of legacy, to be held and used by said village and the residents
thereof and the residents of said school district for free, public library and
historical museum purposes, under said pursuant to the provisions of the
aforesaid Education Law.

And I authorize said village to, and suggest and advise that it associate and
connect the library so to be established under this provision of my will, with
the school library of the aforesaid school district, in which said village is
located, (the books constituting said library, however, to be kept for library
purposes within said building so to be erected); so as to entitle said library
to the books forming said school district library, and also to the money which
is raised by said school district by taxation, and the money to which said
school district is entitled from the State of New York, or other sources for
library purposes, to aid the said village in maintaining said library.

And I require and direct that reasonable and adequate accommodations, by way
of room, shelving, furniture, heat and light, be provided and furnished in
said building, for a historical museum, in which shall be kept and properly
preserved and displayed or exhibited all papers, books and articles of any
character of a general historical nature, and all articles, papers and books
in my _________ relating or pertaining to the history of New Berlin, or the
locality thereof, or to the habits, customs, life or adventures of any of the
early settlers of New Berlin or the locality thereof, that may be presented to
or acquired by such historical museum, or may be loaned thereto.

Seventeenth: Upon the death or remarriage of my said wife, Carolin B.
BEARDSLEE out of the said trust fund created in the Fifteenth paragraph
hereof, I give and bequeath to Belle and Elizabeth, children of my brother,
Augustus J. BEARDSLEE, and to the son of Mary A., the daughter of my sister,
Elizabeth MOORE, the sum of Twenty-five hundred dollars ($2,500), each; and to
Adeline, the oldest daughter of my brother, Augustus J. BEARDSLEE, the sum of
One thousand dollars ($1,000); and to the two oldest children of my said
niece, Adeline, the sum of Fifteen hundred dollars ($1,500), to be divided
equally between them.

In the event of the death of any of the legatees in this paragraph mentioned,
before the legacy given in the paragraph vests in each legatee so dying, then
and in that event, I give and bequeath such legacy to the issue of the legatee
so dying, if any.

Eighteenth: Upon the death, or remarriage of my said wife, Carolin B.
BEARDSLEE, out of the trust fund created in the Fifteenth paragraph hereof, I
give and bequeath to Frederick FOOTE, of Gatesville, Texas, the sum of Twenty
five hundred dollars, ($2,500),; and to Frances BARSTOW, the sum of One
thousand dollars ($1,000); and to Jessie FOOTE, the sum of Four thousand
dollars ($4,000); and to Henry FOOTE, the sum of Fifty dollars ($50.00); and
to the wife and children of the said Henry FOOTE, the sum of Twenty five
hundred dollars ($2,500) to be divided equally among such of them as are
living at the time of the existing of this legacy. The said Frederick FOOTE,
Frances BARSTOW, Jessie FOOTE and Henry FOOTE, being children of Adrian FOOTE,
deceased.

In the event of the death of any of the legatees named in this paragraph,
before the legacy given in this paragraph vests in such legatee so dying, then
and in that event I give and bequeath such legacy to the issue of the legatee
so dying, if any.

Nineteenth: Upon the death, or remarriage of my said wife, Carolin B.
BEARDSLEE, I give and bequeath the following legacies, to be paid from said
trust fund, created in the Fifteenth paragraph hereof, Viz=

A. To the Wyoming County (N. Y.) Society for the prevention of Cruelty to
Animals the sum of One thousand dollars ($1,000).

B. To the wardens and vestrymen of St. Andrews Church of New Berlin, N. Y.,
the sum of Two thousand dollars ($2000) to be used and expended by them for
said church in church society its uses and purposes.

C. To the wardens and vestrymen of Trinity Church, of Warsaw, N. Y., the sum
of Two thousand dollars ($2,000) to be used and expended by them for salary of
minister, current expenses and up keep of the church building.

Twentieth: Upon the death, or remarriage of my said wife, Carolin B.
BEARDSLEE, out of said trust fund, created in the Fifteenth paragraph hereof,
I give and bequeath to my said nephew, Jabez Dwight BEARDSLEE, the sum of
Twenty five thousand dollars ($25,000)

In the event of his death before this legacy vests in him, then and in that
event I give and bequeath the same to his issue, share and share alike.
Twenty-first: Upon the death, or remarriage of my said wife, Carolin B.
BEARDSLEE, out of said trust fund, created in the Fifteenth paragraph hereof,
I give and bequeath to the brother of my wife, William BRISTOL, the sum of
Five thousand five hundred dollars ($5,000).

In the event of his death before this legacy vests in him, then and in that
event I give and bequeath the same to his issue, share and share alike.
Twenty-second: Upon the death, or remarriage of my said wife, Carolin B.
BEARDSLEE, out of said trust fund, created in the Fifteenth paragraph hereof,
to wit= the sum of Twenty five thousand dollars ($25,000), to the following
named trustees, viz: The President of the Wyoming County National Bank of
Warsaw, New York, the president of the Village of Warsaw, N. Y., and James E
NORTON, of Warsaw, N. Y., are to be such trustees only while the hold such
respective position or offices and are to be respectively succeeded as such
trustees by their successors in such offices or positions; the said trustees
to use and expend not to exceed Fifteen thousand dollars ($15,000) in
erecting, installing and properly and adequately equipping a public bath house
and swimming pool, within the said village of Warsaw, upon a site to be
furnished by said village, without expense to this fund or legacy, the same to
belong to said village of Warsaw.

The said village of Warsaw to furnish free, at all time when said bath house
and swimming pool are in use, an adequate supply of water for said bath house
and its heating plant and equipment.

Said bath house and swimming pool to be open to and for the use of all of the
residents of the said village of Warsaw daily from May 1st to November 1st of
each year, and as much more of each year as the said trustees may decide to
keep it open; the hours of the day when it shall be kept open to be determined
by the trustees, with a view of giving the largest and freest reasonable use
of the same to those whose pleasure and profit it is intended to serve; except
that during the period when it is open for use, that on Sundays it be open
from six a.m. to ten a.m. and from two p.m. to six p.m.

The said bath house and swimming pool to be conducted, operated and controlled
by and under said trustees or their successors and used and enjoyed under such
reasonable legal rules and regulations as may be from time to time,
promulgated by said trustees or their successors.

The said trustees and their successors shall hold Ten thousand dollars
($10,000) of said trust fund, and in addition thereto such part of said above
mentioned Fifteen thousand dollars, ($15,000), as may not be expended to
erect, install and equip such bath house, swimming pool, and invest and
reinvest the same on the class and character of securities prescribed for the
investment of the funds of the trusts in this instrument provided for, and
expend the net income there from to help defray the cost of maintaining the
bath hose and swimming pool and keeping the same open and the proper
conditions for use.

If said net income will not or does not adequately and properly maintain and
pay the cost of conducting and operating the said bathhouse and swimming pool,
then said village of Warsaw is to pay the balance of the cost of properly
maintaining and operating the same.

Twenty-third: In the event of the death of my beloved wife, Carolin
B.BEARDSLEE, before my decease, then I direct and it is my will, that the
legacies and bequests and provisions made and given and provided for, in
paragraphs Sixteen, Seventeen, Eighteen, Nineteen, Twenty, Twenty-one and
Twenty Two hereof, are to be charged upon and paid out of the body of my
estate.

Twenty-fourth: After the payments of my debts, funeral expenses, and the
expense of administering my estate, I give, devise and bequeath all the net
residue and remainder of my property, both real and personal, including all
legacies or parts thereof that may lapse or be forfeited by reason of
contesting this instrument, as herein provided, to my beloved wife, Carolin B.
BEARDSLEE.

And in the event of the death of both my said wife, Carolin B. BEARDSLEE, and
the said Henry R. BRISTOL, before my decease, then and in such event, I give,
devise and bequeath the same to the issue of said Henry R. BRISTOL, share and
share alike.

Twenty-fifth: I hereby authorize and empower my executors and my trustees as
the case may be, or the survivors or the survivor of them, to sell and convey
any and all real estate of which I may die, seized or in which I may have any
interest; except said real estate heretofore specifically devised, viz: my
said house, stables and the grounds surrounding the same in the village of
Warsaw, N. Y., and my said farm in the said town of Pittsfield, N. Y., and the
said ARKWRIGHT Store Building and premises in said town of Pittsfield, N. Y.,
and I hereby authorize them to execute all necessary deeds or conveyances.
I also authorize my said executors and my said trustees hereinafter nominated,
the survivors or survivor of them, to retain for said trusts at my decease,
and to invest and reinvest the funds of my or all such trusts in my dividend
paying stock or interest bearing securities as to them or the survivors or
survivor of them; shall be deemed sage and good; and in particular I authorize
my trustees the survivors or survivor of them to retain and hold and continue
to hold for the said trusts herein erected all such stocks or interest, as I
may have or own, at the time of my decease, in the Small and Bucklin Lumber
Company, of New Westminster, British Columbia. And the said trustees shall not
nor shall either of them, be or become liable for any depreciation in value or
loss to my securities or investment or funds or property unless such
depreciation or loss, if any, is caused by the gross negligence of said
trustees or either of them.

Twenty-eighth: I hereby nominate and appoint my beloved wife, Carolin B.
BEARDSLEE, and my friend, Henry R. BRISTOL, brother of my wife, of Warsaw, N.
Y., and my friend, James E. NORTON, of Warsaw, N. Y., to be the executors of
this my last Will and Testament; and also to be the trustees of each and all
the several trusts in this instrument created and established, except the
trust created and provided for by the Twenty-second paragraph of this my will.
Lastly, I hereby revoke all former will by me made.

In Witness Whereof I have hereto set my hand and seal this 6th day of May, in
the year Nineteen hundred and fifteen (1915).

Nathan S. BEARDSLEE (seal)
Witnesses:
Frank C. EASTMAN of Warsaw, N.Y.
Charles H. HAMMONDS of Warsaw, N.Y.