Will of Lois J. Rockwell Cortland County, NY Will Book P 177-187, Will Book O 269-272
This indenture made this 12th day of July 1883 by and between Lois J. Rockwell of Cincinnatus NY party of the first part and Isaac S. Sherwood of Oxford, NY party of the second part. Whereas the party of the first part having attained to old age and being possessed of considerable property which she desires shall be finally distributed at her decease among the several persons who will then be her heirs at law in a manner just, proper, fair and equitable subject nevertheless to all advanced heretofore made by her and subject to all property received by any of such heirs from me and unapplied & unaccounted for or not ______ prior to the date hereof and hereinafter more particularly specified.
And whereas several suits and legal proceedings are pending in the supreme court of the State of New York and in the Surrogate Court of the County of Chenango which suits were a part commenced by her one against William M. Wightman and Catherine Wightman for alleged conversion and wrongful withholding of property farmed by the said party of the first part wherein an answer has been served controverting the said claim of the plaintiff therein in which action Isaac S. Sherwood of Oxford NY was by an order of said Court duly appointed Receiver of the property involved in said action he being the same person above named as the party of the second part herein and who is still acting as such Receiver; one other of which suits was heretofore commenced by said Lois J. Rockwell against George R. Jacobson for the recovery of one hundred and ninety four dollars and interest alleged to have been collected by said Jacobson of Charles P. Tarbell acting as her agent and which suit Jacobson has not paid over or accounted for in which action answer has been served controverting the allegations of the plaintiff therein: and one other of such actions as suits was commenced by said Isaac S. Sherwood as such receiver against said George R. Jacobson for the recovery of $1993.44 and interest alleged to have been borrowed of said Lois J. Rockwell for which he gave her his several promissory notes representing said amount in which action answer has been made controverting the alleged claim of the plaintiff therein as such Receiver. And whereas George R. Jacobson has recently instituted proceedings in the Supreme Court to procure an Inquisition to have the said Lois J. Rockwell declared by reason of old age incompacitated (looks like changed from Incompetent) for the care of her property which proceedings are suspended but still pending in said Court.
And whereas Chloe M. Jacobson has recently filed a petition with the Surrogate of Chenango County for the granting to her of Letters of Administration on the estate of Job Rockwell ____ of German NY deceased to which the said Lois J. Rockwell has duly filed with said Surrogate objections to the granting of such Letters of Administration to the said Chloe M. Jacobson which proceedings are suspended but still pending.
And whereas the said Lois J. Rockwell is desireous of having all her business transactions safely managed and having all of such suits and legal proceedings and contentions adjusted and discontinued and she to be relieved from the vexation and care of the same as well as to save unnecessary costs and expense to the end that she may spend her remaining years in rest and quiet and that at her decease her then legal heirs may share justly in her entire remaining estate including all that came to her from her father, sisters or brothers and including that which she has earned and accumulated by her own labor, management and personal exertions subject however to the exceptions provisions and conditions hereinbefore and hereinafter made.
And whereas to insure for herself from and during the remainder of her life a comfortable suitable and in every regard proper support and maintenance in health and sickness she hereby affirms and continues the conveyance heretofore made by her to Albert G. Rockwell of one hundred and fifty nine acres of land by deed dated the 13th day of April 1881 and recorded in Cortland County Clerks office July 6, 1881 in Liber 67 page 431 and also a lease made by her to said Albert G. Rockwell of the same date of the use of such one hundred and fifty nine acres (reserved in said deed during her life) and of two hundred acres of other land described in said lease is hereby affirmed. The consideration of which deed and lease is the full and ample support and maintenance of her the said Lois J. Rockwell and for her burial and funeral expenses and the erection of proper marble tombstones at the place of her burial by the said Albert G. Rockwell __ of which he has agreed to do as will more fully appear by said Deed & Lease on reference thereto and the grant of said land and the privileges under said lease are not to be hereafter regarded as advancements on the final distribution of my property:
Now therefore Witnesseth
That the said Lois J. Rockwell the said party of the first part for the purposes of bringing about a full settlement in such suits, and a discontinuance thereof and a discontinuance of all the aforesaid legal proceedings and to secure the safe management of all property owned and possessed by me and its final, just and proper disposition and in consideration of all the objects and purposes hereinbefore and hereinafter specified and recited and the further consideration of one dollar paid to me by the said party of the second part the receipt whereof is hereby acknowledged and confessed do by these presents grant convey assign & set over to the said Isaac S. Sherwood the said party of the second part and to his successor Administrators and Executors all and singular the goods chattels and credits chases in action all Real estate and property inclusive of everything of value I now own or possess or had in possession or have the right to possess wheresoever the same may be or by whomsoever held And all my right title and interest in & to all property heretofore managed and controlled by me with the exceptions and reservations herinafter specified.
In trust Nevertheless and on the following conditions terms exceptions and restrictions and for the purposes hereinbefore stated and as follows to wit
That the parties to the aforesaid suits and legal proceedings through their and my attorneys shall in due and legal form stipulate and agree that the same shall be discontinued on the complete execution of this Instrument and that all proper orders or decrees be made and entered in the premises in accordance with such stipulations and they shall enter the requisite order that said Receiver be required to make a verified report to the Supreme Court within ninety days after the execution of this instrument containing a full and detailed statement of the management, disposition and condition of all property coming to his hands as such receiver and that on the approval and confirmation by the court of such report he pass over all cash and property so held by him as such receiver to the Trustee hereby appointed reserving therefrom such commissions and charges as may be allowed by the Court as hereinafter provided for.
That my said Trustee the party of the second part shall within ten days after the complete execution of this instrument and before he shall dispose of any of the property coming to his hands as such Trustee execute with two or more sureties a Bond to me and my heirs executors and Administrators in the penalty of twenty five thousand dollars to be approved by the Surrogate of Chenango County as to its sufficiency and form of execution and shall file the same after its approval with the clerk of Chenango County in his office at Norwich N.Y. for the faithful execution of his trust.
I the said party of the first part do hereby except and reserve from the operation of this instrument my wearing apparel beds and bedding all my books and also the farm so sold to Albert G. Rockwell and also the use of two hundred acres of land heretofore conveyed by me by way of Advancements to Freddie E. Rockwell and Alvira A. Rockwell to each an undivided half therein
When my said Trustee shall have so complied with the foregoing provisions and requirements he shall and within one hundred days thereafter file with the Clerk of Chenango County in his said office a full and just verified inventory of all property which shall have come to his hands as such Trustee and shall thereafter and not oftener than once a year when required by me or by a majority of my legal heirs so file with such clerk a further inventory and an account of the management of such trust property and within thirty days after being so required so to do.
Out of the funds and property so coming into his hands as such Trustee he shall and at once pay the expenses of executing this instrument and shall pay and discharge all my lawful debts and the costs disbursements charges and just _____ and charges by my attorney and his counsel in all unto and proceeding commenced by or against me and not before paid and for all services and expenses directed and authorized by me and also pay the costs disbursements and counsel fees of the attorneys and counsel of the other parties on behalf of or against whom such costs and proceedings were commenced and in such sums paid for on account of or in consequence of the employment of said attorney attorneys or counsel by such other parties shall in the final settlement and distribution of my property as hereinafter specified and providing he by my said Trustee or his successor Executor or Administrator deducted from the distributions share or shares of the respective parties so employing and authorizing the employment of such opposing attorneys and counsel and in case of dispute or disagreement between such attorneys and counsel as to the amounts of the respectively allowed to each, the same shall be adjusted and audited by the clerk of Chenango County in such amounts as shall be just and his allowances shall be paid by my said Trustee and respective receipts for the payment of such sums as shall be paid by my Trustee shall be vouchers to him except that the fair charges disbursements costs and counsel fees of the attorney for such Receiver shall be fixed by the court appointing him.
The said Trustee shall be allowed for his compensation in the execution of said Trust the same commission and reasonable disbursements and charges as are allowed to executors and Administrators in the settlement of estates of deceased persons except he shall be allowed no commissions on simply receiving so much of the trust estate as comes from the receivers hands.
The said party of the second part as such Trustee shall be hereby covenants and agrees to and with the said party of the first part to keep and perform the conditions and duties hereby created and imposed and to manage the said Trust Estate in all respects in a careful prudent and watchful manner and he shall from time to time pay all taxes assessed and levied on such trust estate out of the uses and income thereof. He shall and he hereby further covenants and agrees to keep such trust Estate not required for the payment of my lawful debts and the costs commissions and expenses hereinbefore referred to and provided for and after defraying the reasonable and necessary expenses of managing the estate found in the invested and revested in U S Government Bonds as otherwise and from time to time to reinvest all surplus income uses rents and profits and at all times to keep a true and accurate account of the management of said Estate and I the said party of the first part do by these presents duly constitute and appoint the said party of the second part or his successor my true and lawful attorney to adopt all lawful measures as Trustee as aforesaid to collect any and all rents interest outstanding obligations existing in my favor and all demands due and to become due me or due to said receiver excluding advancements however & to demand and receive all personal property belonging to me (subject to the reservation aforementioned) or to which I am entitled, collect all rents for lands heretofore leased by me (except for the lands already leased to Albert G. Rockwell) and collect and receive the money on the sale of a certain lot of land containing forty acres situate in Oceana County in the state of Michigan which I have heretofore contracted to one Joshua J. Howell for $350 and for which I have executed a deed and placed the same in the hands of G. D. Webster of Hesperia, Mich. to be delivered on payment of said contract price and interest but the said Trustee shall not be authorized to grant and convey any real estate standing in my name nor execute any deeds therefore during my life but may receive the purchase price of said forty acres in Hesperia, Mich. and hereinbefore referred to when paid and add the same to said Trust fund then already received by him but in my decease my said Trustee or his successor shall be fully authorized and empowered to sell all my right title and interest then existing in and to any real estate wheresoever situated such sale to be at public auction on the same notice required on sale in mortgage foreclosure and in such sale to execute as such Trustee and by virtue of the power hereby expressed granted all necessary deeds releases and acquittances to convey such real estate and my right and title therein and to make such sale for cash in whole or in such part that the security for the remainder will be amply secure and available as cash or its equivalent.
Whereas I have advanced and loaned to certain of my relatives who will become my heirs if living at my decease divers sums of money for which I have in some instances taken notes in whole or in part and have in other instances made conveyances of land which express only a nominal consideration notably the deed to Freddie E. Rockwell and to Alvira A. Rockwell (not including the deed to Albert G. Rockwell for which he is to support me as hereinbefore specified) intending such loans and conveyances as advancements to apply and be allowed in part or for the whole of the shares in the final distribution of property I may die the owner or possessor of as such advancements may respectively appear and I declare it always to have been my purpose will and intention that such loans as advancements should not outlaw nor be subject to the statute of Limitations when such final distribution of my property should be made and to that end I authorize my said Trustee to withhold from each and every of such persons to whom such advancements have been made all share in the distribution of my estate as hereinafter provided who shall seek to avail himself or herself of such Statute of Limitation in reference to such advancements or who shall refuse to allow and apply the same upon their respective share in such final distribution and this provision shall also apply to any and all sums of money or property held or received by any person or persons for me in my name collected for me of other persons indebted to me and all persons refusing to allow and apply such indebtedness loans & conveyances on such final distribution shall be and they are and each is forever precluded from sharing in such distribution and the foregoing provisions concerning advance ments shall fully apply to the heirs of persons to whom such advancements were made at the final distribution of my Estate provided any of the persons to whom I have made such advances shall have died before my decease or have already died.
At my decease and after discharging all my debts and obligations the charges and debts hereinafter specified and the expenses of managing the estate said party of the second part as said trustee shall convert the remainder of the estate into cash or available securities to be passed over as cash and within twelve months thereafter render his final verified account and statement of the management and condition of said trust estate and file the same with the Surrogate of Chenango County and in case of any question over the same raised by any person among those who shall then be my legal heirs and entitled to share in said estate as hereinfore and hereinafter provided such account shall be submitted to said Surrogate for adjustment as in case of the adjustment of the accounts of an executor on final settlement.
After said Trustee shall have surrendered his final account and the same shall have been assented to or adjusted in manner aforesaid and shall have retained his commissions charges disbursements and expenses as hereinbefore provided he shall with all due diligence make distribution of the remainder of said property and estate among the persons who shall then be my legal heirs under the laws of the state of New York provided for the distribution of estates of deceased persons dying intestate subject to and deducting all advances as hereinbefore provided from such persons or their heirs to whom they were made as aforesaid and hereinbefore fully specified and particularized and in case the several persons who at my decease shall be my legal heirs shall be unable among themselves to agree as to the just distributive shares going to each after waiting a reasonable time for them so to agree then my said Trustee will resort to proper measures to determine the same and he be allowed reasonable expenses therefore.
If for any just cause the said party of the second part should resign or should die or otherwise become unable to continue as such Trustee and cease to act before my decease then and in that case I do make constitute and appoint John R. Van Wagener of Oxford, N/.Y. to be the due and lawful successor to said party of the second part with like power to take affect not until the party of the second part shall so cease to act and not then until the said John R. Van Wagener as such succeeding Trustee shall have taken upon himself the same obligations as herein imposed upon the said Isaac S. Sherman as trustee.
The party of the first part on the full execution of this instrument makes all wills by her heretofore made & the said party of the second part hereby covenants and agrees with the said party of the first part & her heirs to keep and perform all of the conditions and obligations herein provided for him and accepts the trust hereby and herein created.
In presence of W. W. Wood, Solomon Bundy
In Witness whereof the parties to this instrument have hereunto set their hands and seals this day and year first above written. Lois J. Rockwell (seal) Isaac S. Sherwood (seal)
On this 12th day of July 1880 the above named Lois J. Rockwell signed & sealed the above instrument in our presence and at the same time acknowledged the same to be so executed as and for her last will and testament and that she executed the same for the further purposes set forth therein and that she has heard the same read over this date and that she knows the contents thereof and at her request we have signed our names as witnesses and placed opposite our names our respective places of residence & we know her to be the same person described in said instrument and who executed the same.
W. Wallace Wood of Cincinnatus NY
Solomon Bundy of Oxford, NY
State of New York, Cortland County On this 12th day of July 1883 before the undersigned personally appeared Lois J. Rockwell and Isaac S. Sherwood known to me to be the same persons described in and who executed the foregoing Instrument and they severally acknowledged that they executed the same
W. W. Wood Notary Public in and for Cortland County
For value received and in consideration of the provisions contained therein we severally agree to abide by and consent to the provisions and conditions of a certain deed of Trust made and executed by Lois J. Rockwell to Isaac S. Sherwood Dated July 12, 1883. And hereto attached Dated July 23rd 1883.
W. R. Jacobson LS
Eliza M. Eaton LS
Catharine R. Weightman LS
Wm. M. Weightman LS
Cloe M. Jacobson LS
Maria Jacobson LS
A. G. Rockwell LS
State of New York, County of Chenango on this 23rd day of July 1883 before me personally came G. R. Jacobson, Eliza M. Eaton, Catherine R. Wightman, Wm M. Weightman, Cloe M. Jacobson, Marcia A. Jacobson to me known to be the persons named in and who executed the foregoing instrument and each severally acknowledged that they executed to same.
V. C. Emerson, Justice of the Peace
Chenango County SS:
On this 26th day of July 1883 before me personally appeared Albert G. Rockwell known to me to be the same person described in the within Trust Deed & therein named as Albert G. Rockwell and described in and who executed the consent thereto attached and he acknowledged that he executed the same.
Solomon Bundy Notary Public
(continued in book O of Wills of page 272)
Will Book O p. 269 Will of Lois J. Rockwell, Cortland County, NY
Last Will and Testament of Lois J. Rockwell, deceased. Be it remembered, That heretofore, to wit: on the 30th day of April the year of our Lord one thousand eight hundred and eighty four, Isaac S. Sherwood Executor named in the Last Will and Testament of Lois J. Rockwell, late of the town of Cincinnatus in the county of Cortland, deceased, appeared in open court before the Surrogate of the County of Cortland, and made application to have the said Last Will and Testament which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testatrix and their respective residences,
and said Surrogate did thereupon issue a citation in due form of law, directed to the heirs at law and next of kin, by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at his office in Cortlandville, in said County, on the 17th day of June A. D. 1884 to ____ the Probate of said will.
That upon the return of proof of citations on said 17th day of June 1884, it appearing Elwen Dillenbeck and Freddie E. Brown, alias Freddie E. Rockwell two of the heirs and persons __ were minors and Alexander Dillenbeck being the general guardian of said Elwen Dillenbeck, of said Freddie E. Brown having no general guardian and no one appearing for him, and said Alexander Dillenbeck having appeared for said Elwen Dillenbeck and he knowing consented in writing to act as special guardian for said Elwen Dillenbeck & Freddie E. Brown he was duly appointed in writing by the Surrogate Special Guardian for said infants to take care of their interest in these proceedings.
And afterwards to wit: on the 17th day of June A.D. 1884, satisfactory evidence by affidavit was produced and presented to said surrogate of the due service of said citation in the mode prescribed by law on that day, no one appearing to oppose the probate of such will and testament such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the said proofs of said Will & Testament hereinafter set forth upon this 17th day of June A.D. 1884, and he thereupon judged the said will & testament to be a valid Will & Testament of Real and Personal Estate and the proofs thereof to be sufficient, which said Last Will and Testament and proofs are as follows that is to say:
Will Book O p. 272 Will of Lois J. Rockwell, Cortland County, NY
(continued from Book P at page 177 & following)
In the matter of proving the last will and testament of Lois J. Rockwell, deceased.
Cortland County, ss: W. Wallace Wood and Solomon Bundy being first duly sworn, in open Court, upon their several corporeal oaths, each for himself doth depose and say that they are subscribing witnesses to the last will and testament of Lois J. Rockwell late of the town of Cincinnatus in the county of Cortland and state of New York, deceased. And these deponents do further say, that the said Lois J. Rockwell, deceased, did, in the presence of each of these deponents subscribe her name at the end of the instrument in writing which is now here shown to these deponents, and which purports to be the last will and testament of the said deceased, and which bears date on the 12th day of July one thousand eight hundred and eighty three etc..... W. W. Wood, Solomon Bundy signatures
Subscribed and sworn before me this 17th day of June A. D. 1884 S. S. Knox Surrogate
Cortland County ss:
It appearing upon the proofs duly taken in respect to the last will and Testament of Lois J. Rockwell late of the town of Cincinnatus in the county of Cortland and State of New York, deceased, that the said Will was duly executed and that the said Lois J. Rockwell at the time she executed the same was in all respects competent to devise real estate, and not under restraint, the said Last Will and Testament and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the provisions of the revised Statutes, this 17th day of June A.D. 1884. S. S. Knox Surrogate