The transcription of this document is:
IN THE NAME OF GOD, AMEN.
I, JOHN SEAVER, of the Borough and County of Richmond, City and
State of New York, being of sound mind, memory and understanding, and considering
the uncertainty of this life, do make, publish and declare this to be my last Will
and Testament, viz.:
First: - I direct my Executrix, hereinafter named, to pay all my
just debts and funeral expenses as soon after my decease as practicable.
Second: - I order and direct my Executrix, hereinafter named, to
purchase a burial plot in the St. Peters Cemetery, or such other cemetery as my said
Executrix may chose suitable, for the interment of my body, the body of my wife and
the body of my deceased father, at an expense of not exceeding five hundred Dollars.
I also order and direct my said executrix to erect a suitable monu-
ment in said plot, with proper inscription, at a cost of not exceeding One thousand
Dollars.
I also order and direct my said Executrix to pay over the sum of
One thousand dollars to the Trustees of such Cemetery where she may purchase the
aforesaid Cemetery plot; said sum of One thousand dollars to be invested and re-
invested and kept invested, and all net income and profit therefrom to be applied
and used for the care and keeping of the aforesaid Cemetery Plot and the monument
erected therein.
I also direct my said Executrix to cause the remains of my deceased
father, Thomas Seaver, to be removed from the present resting place to the afore-
said plot.
Third. I order and direct my said Executrix to pay the sum of One
hundred dollars for Masses to be said for me.
Fourth. I give and bequeath to my wife, Margaret M. Seaver, all my
household goods and furniture.
Fifth. I give and bequeath to my sister, Julia Toner, the sum of
Two thousand dollars.
I also give and bequeath to my niece Catherine Toner and my nephew
Frank Toner (children of my said sister Julia Toner) each the sum of Two hundred
Dollars.
I also give and bequeath to my Uncle Laurence Seaver, the sum of Four
hundred dollars. If my said Uncle should not survive me, then I give and bequeath
to his daughters Julia Seaver and Ellen Seaver, each the sum of Two hundred dollars.
I also give and bequeath to my niece, Julia A. Curry, the sum of Five
hundred dollars.
I also give and bequeath to my nieces Mary E. Bauer, Ellen J. Mehnert and
Elizabeth A. Gaillard, and my nephew John Seaver, each the sum of Two hundred
dollars.
I also give and bequeath to Helen Seaver, daughter of by cousin Laurence A.
Seaver, the Sum of One hundred dollars.
I also give and bequeath to Helen Seaver, daughter of by cousin Laurence A.
Seaver, the Sum of One hundred dollars.
I also give and bequeath to my brother-in-law Henry E. Pfaff, the sum of One
hundred dollars.
I also give and bequeath to Loretta M. Pfaff, daughter of said Henry E.
Pfaff, the sum of One hundred dollars.
I also give and bequeath to Agnes Curry (daughter of my brother-in-law
William Curry the sum of One hundred dollars.
I also give and bequeath to my brother-in-law Fred W. Pfaff, the sum of
One hundred dollars.
I also give and bequeath to Catherine Curry (daughter of my brother-in-law
Patrick Curry) the sum of One hundred dollars.
Sixth: If no monument shall have been erected at the time of my decease
at the grave of my deceased brother Laurence Seaver, then I order and direct that
my said Executrix cause a monument to be erected thereat with suitable inscription,
at a cost not exceeding Two hundred dollars.
Seventh: I direct my said Executrix to divide all the rest, residue and
remainder of all my estate, both real and personal, and wherever situated, into two equal parts, shares and portions, and one of said equal parts, shares and portions, I give, devise and bequeath to my wife, Margaret M. Seaver, absolutely
and forever; and the remaining equal share, part and portion, I give, devise and
bequeath to my executrix hereinafter named, and her successor or successors In
Trust to invest, re-invest and keep invested, and after payment of all necessary
charges, expenses, taxes and assessments to apply and pay over unto my said wife,
Margaret M. Seaver, semi-annually or oftener, all net income and profit therefrom,
during the term of her natural life.
If my said sister Julia Toner shall survive my said wife, I give, devise
and bequeath to said Julia Toner, absolutely and forever, one-half of the share
or portion devised In Trust for the benefit of my said wife; and I give and devise
the remaining part thereof to my said nieces Julia A. Curry, Mary E. Bauer, Ellen
G. Mehnert and Elizabeth A. Gaillard and my nephew John Seaver, absolutely and
forever, in equal shares, share and share alike.
If my said sister Julia Toner shall not survive my said wife, then I give,
devise and bequeath the said share or portion devised in Trust for the benefit of
my said wife to my nieces Catherine Toner, Julia A. Curry, Mary E. Bauer, Ellen G.
Mehnert, and Elizabeth A. Gaillard, and my nephews Frank Toner and John Seaver, in
equal parts, share and share alike.
In case either of my aforesaid nieces and nephews shall die leaving issue,
such issue to take the share or portion which the parent would have taken if
living; and in case either of the aforesaid nieces and nephews shall die leaving
no issue, then the survivors shall take the whole to be divided equally between
them, share and share alike.
Eighth: I hereby nominate, constitute and appoint my said wife, Margaret M.
Seaver, Executrix of this my last Will and Testament, with full power and authority
to sell and convey all real estate that I may own at the time of my decease, and
to give good and sufficient deeds of conveyance for the same.
Ninth: I hereby cancel and revoke any and all other wills by me at any time
heretofore made.
Tenth: The foregoing provisions herein for the benefit of my said wife, are to
be taken and accepted by her in lieu of dower.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this twenty seventh
day of August, nineteen hundred and fourteen.
Wittnesses: JOHN SEAVER L.S.
M.L. Decker
James I. Fagan
Signed, sealed, published and declared by the above named JOHN SEAVER,
on the day and year last above written as and for his last Will and Testament, in
our presence; and we, at his request, in his presence, and in the presence of
each other, have hereunto subscribed our names as witnesses.
MELVIN L. DECKER Residing at 52 Van Name Ave. Mariners Harbor, N.Y.
JAMES I. FAGAN Residing at No. 362 Tompkins Avenue, Tompkinsville, N.Y.
County of Richmond, ss:
Recorded the preceding last Will and Testament of JOHN SEAVER,
late of the County of Richmond, deceased, together with an order admitting the same.
Which said record is signed and certified by me pursuant to the
provisions of the Revised Statutes this 23rd day of August, in the year of our Lord
one thousand nine hundred and thirty two.
Frank I. Smith
Surrogate
The source citation for this will is:
New York Surrogates Court, Probate files, Richmond County > "Wills, Vol. 0032, 1932," Vol. 0032, pages 209-213, (images 138-140 of 294), John Seaver will, written 27 August 1914, proved 23 August 1932; "New York, U.S., Wills and Probates, 1659-1999," indexed records with digital images, Ancestry.com (https://www.ancestry.com : accessed 19 November 2023); Original data is from New York County, District and Probate Courts filmed by FamilySearch.
John Seaver (1857-1932) was born 14 August 1857 in Richmond County, New York, the son of Thomas and Bridget (Gaffney) Seaver. He died 21 July 1932 in Richmond County, New York. He married Margaret M. Pfaff (1866-1953) on 27 October 1907 in Richmond County, New York. They had no children.
The pages above are a Richmond County, New York Surrogates Court clerk's copy of a handwritten copy of the original will, transcribed to the court record book and therefore a Derivative Source. It is Primary Information and Direct Evidence of the relationships, dates and places noted therein.
Most of the heirs, with the exception of his wife, are related to John Seaver through his siblings, or to Margaret's family. John's father, Thomas Seaver, died in 1907, his brother Laurence Seaver died in 1912, his nephew John J. Seaver died in 1933, and his sister Julia (Seaver) Toner died in 1933. The probate of this estate may have been very complicated because of these deaths, and also the state of the economy over the 18 years between the writing (27 August 1914) and proving of the will on 23 August 1932.
There may be other records for this probate file, perhaps an inventory, bond, account and distribution in Richmond County Surrogates Court records. There may be a Probate record for Margaret M. (Pfaff) Seaver in 1953 also.
To my knowledge, I am not related to John or Margaret (Pfaff) Seaver because their Seaver line came from Ireland in the 19th century.
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NOTE: Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday." John offers this definition for "amanuensis:"
"A person employed to write what another dictates or to copy what has been written by another."
Read other transcriptions of records of my ancestors at Amanuensis Monday Posts.
Copyright (c) 2023, Randall J. Seaver
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