WILL: James M. Pow; Torrey, Yates, New York

submitted by M Tobey (gmtobey at earthlink.net)
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Source: Yates co NY Will Book Vol. M page 224
Written: 14 Feb 1880
Probated: 1 Jul 1880

In the name of God, Amen. I, James M. Pow of the town of Torrey, County of
Yates, and state of New Yorkof the age of seventy-two years, and being of
sound mind and memory, do make, publish, and declare this my last Will and
Testament, in manner and form following, that is to say I give, bequeath and
devise to Irene B. Swarthout (sister to my deceased wife, Louisa Pow), and to
Lizzie Pow, my daughter by adoption, which occurred in the ninth of September,
One thousand-eight hundred and sixty-two. She taking my name at that date, and
then and thereafter being known and recognized as LIzzie Pow. First, I give,
bequeath and devise to said Irene B. Swarthout and Lizzie Pow all that tract
or parcel of land situated in the Town of Torrey, County of Yates, and State
of New York, formerly known as part of Lot Fifty-Nine in Reed and Rickman
location in the gore between the Pre-emption lines. Commencing in the center
of the public highway opposite the School House in district Number One,
running thence north along the center of the Public Highway to the south side
of lands owned by Isabell Lazenby, thence running East on the South Side of
lands owned by Isabell Lazenby, and George Mead to lands owned by Mr. Vail.
Thence along the west side of lands owned by Mr. Vail, to lands owned by Mr.
Ferguson. Thence running west along the north side of lands owned by Mr.
Ferguson and Mr. Mapes to the place of beginning, containing about
Ninety-Three acres and fifty one- hundredths (93 50/100) of an acre be the
same more or less. Together with all the building thereon contained, together
with all the hereditments and appurtenances thereunto belonging or any wise
appertaining thereto, to have and to hold the premises above described to the
said Irene B. Swarthout and Lizzie Pow, equally belonging to, and the property
of both, share and share alike, to their heirs and assigns forever. Also all
the stock belonging to said James M. Pow, such as horses (which are not to be
disposed of), cows, sheep, swine, poultry. Also all the wagons, carriages,
sleighs and farming utensils of whatever kind belonging thereto. Also all the
grain on said farm bequeathed to them, belonging to the said James M. Pow.
Also whatever the house contains of furniture, goods, or property of whatever
kind, except money, notes, bonds or mortgages, or other written evidences of
property not mentioned above. Also the Pew, and Shed, belonging to the said
James M. Pow in the First Presbyterian Church of Benton. Second - I also give
and bequeath to Margaret A. Simpson, the sum of Two Thousand dollars ($2000.).
Third - I also give and bequeath to Mary V. Simpson the sum of Two Thousand
dollars ($2000.). Fourth - I also give and bequeath to Isabella G. Winton the
sum of One Thousand dollars ($1000.). Fifth: And furthermore, I give and
bequeath to the children of James P. Simpson, deceased brother of the above
named persons, the sum of Two Thousand dollars ($2000) to Wit: First to the
oldest son Robert A. Simpson the sum of Four Hundred dollar ($400.) together
with a note given me by him, that I have in my possession of one hundred
dollars, dated March 11th 1876 making Five hundred dollars ($500.) the same as
the others. Second. I also give and bequeath to Maria Tobey, the second child
of deceased, the sum of Five hundred dollars ($500.) Third. I also give and
bequeath Anna L. Simpson, the third child of deceased the sum of Five hundred
dollars ($500.). Fourth I also give and bequeath to Joseph Simpson, the fourth
child of deceased the sum of Five hundred dollars ($500.) to be paid to his
mother Amanda Simpson to be held in trust by her for him until such time as he
shall be twenty-one years of age, and that her receipt for the same shall be
competent for the Executors. Fifth, I give and bequeath all the rest, residue,
remainder of my real estate, not herein before disposed of commencing in the
center of the highway oposite the School house, then running north on the
center of the highway to lands owned by Isabell Lazenby, thence running west
on the north side of lands owned by Isabell Lazenby to lands owned by Joseph
Mapes, then running south along the east line of lands owned by Joseph Mapes
and Leah A. Kerney to the public highway in front of Mrs. Kerney's then east
along the highway to place of beginning being part of Lot Number 63 in the
gore in Read and Rickman location between the Pre-emption lines, containing
about Fifty-seven and seventy-two one-hundredths acres (57 72/100) to be the
same more or less. I also give, bequeath and devise all my personal and real
estate of whatever nature or kind soever not herein before disposed of to the
Executors of my last Will and Testament hereinafter nominated and appointed in
trust for the payment of my just debts, and the legacys above specified. Also
for my funeral expenses, and for placing a tombstone at the head of my grave
similar to that at the head of my wife's grave. My personal clothing is not to
be inventoried, but to be given to some person by whom it could be made
useful.

With power to sell and dispose of the same at public or private sale, at such
time or times and upon such terms and in such manner as to them shall seem
meet, providing that there shall be no unnecessary delay, made in the settling
up of the entire business required by the Will. The conditions of this Will
are such that, after the disposition of the property herein mentioned, for the
payment of these legacys, it should appear that there should not be money
enough to pay the full amount as expressed in the Will, and that necessary
deduction should be made, that deduction should be made in this ratio: the
legacies of Five-hundred dollars, shall be deducted just one fourth (1/4) as
much as those having two-thousand dollars, and one-half as much as those
having one-thousand dollars. But should there be an excess of money more than
would be necessary to pay these legacies, as stated in the Will, then it shall
be divided so as to increase these legacies in like proportion, as it is
deducted in the other case. And lastly, I do hereby nominate and appoint my
trustworthy friends, Walter Morris and Joshua Mead to be the Executors of this
my last Will and Testament, hereby revoking all former Wills by me made in
Witness Whereof. I have set my hand and seal this fourteenth day of February
in the year of our Lord, One-thousand-eight-hundred and Eighty.

James M. Pow

Witnesses: James M. McMaster Benton, Yates County

George W. Mead Benton, Yates County

Probated: 1 July 1880