WILL OF SAMUEL M. HARWOOD (Died: 11 Jan 1883)
I, Samuel M Harwood of the Village of Holley, Orleans County N.Y. being
Of sound mind and memory do make publish and declare this my last will
And testament in manner following, viz:-
First I give, devise and bequeath to my wife Delcenia Harwood an annuity
Of two hundred and fifty dollars ($250.00) to be paid to her out of and from the
Rents issues and profits of my real and personal estate, or so much thereof
as shall be sufficient to produce an income equal to said sum in semi annual
installments on the first day of April and of October in each and every year
from and after my decease, and during her natural life: the same to be received
and accepted by her in lieu of all dower and thirds in or distributive share of my
estate both real and personal.
Second I give, devise and bequeath to my daughter Lucretia Millard the sum
Of Five hundred dollars ($500.00).
Third I give, devise and bequeath to my daughter Eliza Ann Smith the sum
Of Five hundred dollars ($500.00).
Fourth I give, devise and bequeath to my grand-daughter Esther Mabel Harwood,
daughter of my son George Harwood, one eighth (1/8) of all the rest residue
and remainder of all my estate both real and personal to be paid to her together
with the rents issues and profits thereof upon her becoming twenty one years of
age.
I also hereby authorize and direct my executor hereinafter nominate and
appointed to invest the said bequest to the said Esther Mabel Harwood in trust for
her benefit I such manner and upon such security as to him shall seem proper.
Should the said Esther Mabel Harwood die before becoming twenty one
years of age, then and in that case it is my will and wish that the said bequest
to her herein bequeathed shall be, and I hereby direct the same to be divided
equally among my three children Rufus M. Harwood, Luecretia Millard, and
Eliza Ann Smith to be divided between them equally, share and share alike.
Fifth I give, devise and bequeath all the rest, residue, and remainder of all
my estate both real and personal to my three children Rufus M Harwood,
Lucretia Millard, and Eliza Ann Smith to be divided between them share and
share alike.
Sixth It is my will and wish, and I herby direct that the portion of my said
estate remaining after setting apart a sufficient portion there of to produce
an income sufficiently large to pay the annuity herein bequeathed to my
Wife Delcenia Harwood, be applied in payment of the bequests herein before
made to my daughter Lucretia Millard and Eliza Ann Smith. And that is said
remainder of my said estate shall be insufficient to pay each one and both
bequests then the portion of each one and both of them remaining unpaid after
the application of said remainder of my said estate in part payment of each
said bequests as aforesaid, be paid out of and from the portion of my said
estate remaining after the death of my said wife.
And that if said remainder of my said estate shall be more than sufficient
to pay each one and both of said bequests to my said daughters as aforesaid, then
and in that case the balance of my said estate so remaining after the payment
of said bequests as aforesaid be divided between the said Esther Mabel Harwood,
Rufus M Harwood, Lucretia Millard, and Eliza Ann Smith in the same manner
and in the same proportion as is provided in the fourth and fifth sub-divisions
of this my said will for the payment, distribution, division, and investment of the
rest, residue and remainder of all my said estate.
Seventh I hereby nominate, constitute and appoint my son in law Alfred
Millard, of Holley, Orleans County, NY the executor of this my last will and
Testament with full power to sell and dispose of all my estate both real and
Personal, and execute and deliver conveyances thereof in the same manner and
With like effect in all respects as I could do if living and upon such terms and in
Such manner as to him shall seem proper and to convert the same into money
Or securities and distribute, invest, dispose of, and pay out the same according
To the provisions of this my said will, herby revoking all former wills by me made.
In witness whereof, I have here unto set my hand and seal this thirteenth day
Of June 1877.
Samuel M Harwood {LS}
The above instrument was at the date thereof signed, sealed, published and
Declared by the said Samuel M Harwood, as and for his last will and
Testament in presence of and to each us, who at his request and in his presence,
And in the presence of each other, have subscribed our names as witnesses
Thereto.
Geo N Peck Murray Orleans Co NY
David N Salisbury Albion Orleans Co NY
-----------------------------------------------------------
Samuel Harwood born 12-20-1797 died 1-11-1883 Murray NY
Father to Eliza Ann Harwood born 11-18-1833 died 9-26-1903
Eliza was married to George B Smith
Parents of Nellie B Smith wife of Russell William Stewart
Submitted by: Colleen Ryan Basile 25 Apr 2008