1879 Will of Friend Kenyon

Marion, NY

Wayne County, NY

This will is one of a group of documents transcribed and contributed by researcher Ron Reid. Ron has contributed many transcriptions of original documents to our site about Wayne County Kenyons and Garlocks who migrated west from Herkimer County NY in the 1830s. Friend Kenyon's will has been slightly reformatted for ease in online reading.

Last Will and Testament of Friend Kenyon
Will Book "U", Page 146, Wayne Co., NY


I Friend Kenyon of the town of Marion in the County of Wayne and State of New York being of sound and disposing mind and memory, do hereby make publish and declare this my last Will and Testament in manner following that is to say:

First-:- I order and direct the payment of my funeral expenses and of all debts and demands legally owing by me at the time of my decease -

Second:- I give devise and bequeath unto my beloved wife, Anna Kenyon all the rest residue & residue (sic) of my property real personal and mixed remaining after the payment of my debts and funeral expenses to have and to hold the same and for her full free and unrestrained use occupation and enjoyment for and during the term of her natural life and no longer.

Third:- After the decease of my said wife, Anna I give devise and bequeath unto my Executor hereinafter nominated and appointed all the said rest residue and remainder of all my personal real and mixed property of every name kind and nature wheresoever situate lying and being.

In Trust, however and not otherwise and to and for the purposes uses and trusts hereinafter credited or mentioned and to and for such other purposes, uses and trusts and with the powers hereinafter mentioned, and such other powers as may be necessary or proper to carry into full force and effect any intentions or purposes of mine in respect to such property which are hereinafter mentioned or which are or may be deducible from the construction to be put on this my last will and testament.

Fourth:- I hereby will order and direct in respect to all the said rest residue and remainder of all my personal real and mixed property that my said Executor shall sell or otherwise convert into money with all proper and prudent dispatch after the deceased of my said wife, Anna, but without serious loss or depreciation all of said property and invest the proceeds thereof as he shall deem best and apply the income arising therefrom or so much thereof as he shall deem necessary and proper to the support and maintenance of my grand children Hattie D. Gillett, Nellie E. Gillett, George H. Gillett and Maud M. Gillett, children of Henry Gillett all of the town of Marion aforesaid, share and share alike, and any remainder which may be left from said income to invest and accumulate and add the same to the principal sum to be by him invested as aforesaid.

Fifth:- I also will order and direct that my said executor and trustee when my said grand-children shall severally attain the age of twenty-one years, pay over to the grand-child attaining such age such proportion or part of said moneys so to be invested as aforesaid that all of said grand children shall share alike in said property that is to say when the oldest of said grand-children shall attain the age of twenty-one years my said Executor shall pay to such grand-child one fourth of the principal sum owed of the accumulations of the income thereof then in his hands: when the next oldest grand-child attains said age of twenty-one years my said Executor shall pay to such grand-child the one third part of the principal sum and of the accumulated income thereof then in his hands: to the next grand-child attaining the age of twenty-one years the one-half part of said principal sum and accumulated interest then remaining in his hands at the time such grand-child attaining said age of twenty-one years. The whole of such principal sum and accumulated income remaining in his hands when such grand-child attains such age. And I hereby revoke all former wills by me made

Sixth:- I hereby make constitute and appoint John S. Rich of the town of Marion aforesaid to be sole Executor and Trustee of this my last Will and Testament.

In Witness Whereof I have hereunto subscribed my name and affixed my seal the thirty-first day of May in the year of our Lord one thousand eight-hundred and seventy nine

                                             Friend Kenyon           seal

The foregoing instrument consisting of one sheet was at the date thereof subscribed by Friend Kenyon the testator therein named in the presence of us and each of us: and he at the time of making said subscription acknowledged that he executed the same and declared the said instrument so subscribed by him to be his last Will and Testament Whereupon we then and there at his request and in his presence and the presence of each other subscribed our names as witnesses thereto:
John S. Rich                residing           at Marion N.Y.
Borden D. Davis           residing           at Marion, N.Y.

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Created: 11/20/04
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