STEWART-L Archives

From: Martin Roberts <>
Subject: Two wills from Argyle, Washington Co NY, 1850
Date: Mon, 03 Aug 1998 16:03:00 -0500

If any one knows of these Stewarts, please contact me. From the dates and
other information, it appears that these people are not related. I am
interested in James, son of Samuel.

Martin Roberts

SAMUEL STEWART's WILL
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In the name of God Amen. I SAMUEL STEWART of the town of Argyle County of
Washington and State of New York of the age of seventy four years and being
of sound mind and memory do make publish and declare this my last will and
testament in manner following that is to say --

First - I give and bequeath to my beloved wife ELIZABETH STEWART the sum of
one thousand dollars to be paid her in one year after my decease with one
year interest on the same.

Second - I give an bequeath to my son JAMES STEWART the sum of two hundred
dollars.

Third - I give and bequeath to my son JOHN STEWART the sum of one hundred
dollars.

Fourth - I give and bequeath to my daughter NANCY STEWART the sum of one
hundred dollars.

Fifth - I give and bequeath to my daughter JANE STEWART the sum of two
hundred dollars.

Sixth - I give and bequeath to my daughter ELISA (?) STEWART the sum of one
hundred dollars.

Seventh - I give and bequeath to my daughter MARY DENNIS the wife of GEORGE
C DENNIS the sum of one hundred dollars.

Eighth - I give and bequeath to my brother JAMES STEWART the sum of one
hundred dollars.

Ninth - And I hereby order and direct that in case there should not be
enough of my estate left (after paying my just debts and funeral expenses
and the expenses of settling my estate) to pay all the foregoing legacies
in full then in that case such deficiency shall be taken off the foregoing
legacies to my sons James and John and my daughters Nancy Elisa Jane and
Mary and my brother James that is to say these legacies shall be
accordingly reduced according to
the amount herein bequeathed to them pro rata. And in case there should be
a surplus after paying the foregoing legacies debts and expenses as
aforesaid then in that case the said surplus shall be equally divided
between my said children vis - James John Nancy Jane Elisa and Mary .

Tenth - And I hereby appoint my son James Stewart and my friend SAMUEL
DONALDSON executors of this my last will and testament hereby revoking all
former will by me made.

In witness whereof I have hereunto set my hand and seal this sixteenth day
of March 1850.

Samuel Stewart

Witnesses: WILLIAM H KING, SAMUEL DONALDSON, both of Argyle NY

Will was proven February 1857. Both witnesses still alive.
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JAMES STEWART's WILL

In the name of God I JAMES STEWART in the Town of Argyle in the County of
Washington and State of New York at the age of seventy two years and being
of sound mind & memory do make publish and declare this my last will &
testament in manner following.

First. I give and bequeath to my wife DEBORAH STEWART my cow also my bureau
which stands in the south west bedroom in my now dwelling house. I also
give her one stand which she may choose between the two that I own. I also
give her my kitchen table cooking stove and apparatus belonging thereto, my
wooden bottom chairs. I also give her two beds & bedding one of which is to
be selected by my said wife & the other by my executor, the bedding to be
all selected from such has been made by my present wife. I also give my
said wife a pig, the looking glass in the kitchen and the one in MARGARET
STEWART's bedroom, also brass kettle, all my chairs (except the rattan
bottom chairs), the bedstead in my south west bedroom, my chairs and pails,
two pairs knives and forks, spoons and three sheep.

Second. I give and bequeath to my daughter JANE DONALDSON wife of NICHOLAS
M DONALDSON all the rest of my household furniture of every description
(except
my parlor stove, my desk and drawers and my brass andirons) which I give
my son JAMES STEWART Junior.

Third. I give devise & bequeath unto JAMES STEWART JR and JAMES INGALLSBEE,
the executors of this my last will and testament hereinafter nominated and
appointed, all the rest and residue of my personal property in trust to be
held by them for the purposes hereinafter mentioned and after paying all my
just debts and funeral expenses. I order and direct that out of the
proceeds of said personal property in trust as aforesaid, that is from the
net income and property thereof my said executors shall pay to my said wife
Deborah fifty five dollars on the 1st Tuesday of January in each and every
year during her natural
life or so long as she may remain my widow, and whatever income & profits
there may be over and above the payment of the said sum of fifty five
dollars a year to my said wife shall be paid to my said daughter Jane
Donaldson each and every year until the marriage or death of my said wife
Deborah. And after the marriage or death of my said wife Deborah I order &
direct that whatever there may remain of the said property so left in trust
to my said executors shall be paid over to said daughter Jane Donaldson or
in case of her death at that time it shall go to & belong to her children.
The foregoing bequests to my wife are recorded and are to be received by
her in lieu of dower and I hereby appoint
James Stewart Jr and James Ingallsbe Executors of this my last will and
testament hereby revoking all former wills made by me.

In witness whereof I have hereunto set my hand and seal this 16th day of
May 1848.

James Stewart

Witnesses: William H King and William H Rouse both of Argyle

Will proven February 9, 1849.
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