Will of Samuel Sackett of Brooklyn, Kings County, New York.
Abstract
Date: 23 Feb 1822.
Proved: Surrogate's Court, Flatbush, Kings County, 22 Mar 1822.
Testator: Samuel Sackett of Brooklyn, Kings County, New York.
Beneficiaries:
Eldest son Edwin K Sackett, sufficient part of estate to a maximum of one fourth part to yield $250 p.a., to be held in trust and administered by executors to defray Edwin's living expenses.
Children Clarence, Grenville, and Elizabeth, remainder of estate, divided such that Grenville and Elizabeth each have $1,500 more than Clarence, Clarence already having received land in Onondaga County and an expensive education.
Executors: James B Clarke Esq, sons Clarence and Grenville, and daughter Elizabeth.
Witnesses: Jno Ireland, Charles Ball, Matthew Wendell.
Transcript
In the name of God Amen I Samuel Sackett of the village of Brooklyn in the County of Kings and State of New York being of sound disposing mind and memory, do make this my last Will and Testament in manner and form following, that is to say, I give, devise and bequeath unto my eldest son Edwin K. Sackett so much of my estate real and personal as will be sufficient to produce the sum of Two Hundred and Fifty dollars yearly. Provided that not more than one fourth part of my said estate shall be appropriated to that purpose. And I do hereby will and direct that so much of my estate as shall be appropriated to that purpose shall be held in trust by my Executors and Executrix hereinafter named or the survivor or survivors of them. In case the said Edwin K. Sackett should die leaving lawful heirs of his body, then in trust for such heirs in fee, but in case he should die without leaving lawful heirs of his body then in trust for my other three children Clarence, Grenville and Elizabeth their heirs and assigns forever.
Secondly, In as much as I have heretofore conveyed to my son Clarence by deed of gift a certain piece of land situated in the county of Onondaga; and in as much as I have heretofore expended a very considerable sum in educating my said son Clarence and preparing him for a profession, I do therefore dispose of the residue of my estate in the following manner, that is to say, I give, devise and bequeath unto my children Clarence, Grenville and Elizabeth all the residue and remainder of my estate real and personal which shall remain after the aforesaid appropriation for my said son Edwin, in such proportion that my son Grenville and my daughter Elizabeth shall each, respectively, have the value of One thousand five hundred dollars more than my said son Clarence, to have and to hold to them the said Clarence, Grenville and Elizabeth their heirs and assigns forever, as tenants in common and not as joint tenants.
Thirdly, I do hereby constitute and appoint James B. Clarke Esquire, of the village of Brooklyn aforesaid, my sons Clarence and Grenville and my daughter Elizabeth to be the true and lawful Executors of this my last Will and Testament. And I do hereby authorise and empower my said Executors to pay, satisfy, discharge or compound any debt or debts which I owe, in such manner and at such times as may be requisite and convenient in their estimation, and I do hereby direct my said Executors to apply the income of the estate hereby appropriated to my son Edwin to defray the expense of boarding and clothing my said son Edwin and providing him with other necessaries.
Fourthly, I do hereby authorise and empower my aforesaid Executors to ask, demand, sue for, and receive any or all debts which may be owing to me from others and to give good and sufficient acquittances therefor, whenever they shall be collected or received. And I do also authorise and empower my said Executors to execute and deliver good and sufficient deeds to any person or persons who have contracted to purchase any land of me, when and as soon as all the money which may be due thereon or become due shall have been fully paid up.
Fifthly, I do hereby authorise and empower my aforesaid Executors to sell, assign, transfer, and set over, for valuable and sufficient consideration, all, or any of the contracts which any person or persons may have heretofore entered into with me for the purchase of any of my lands, and to give good and sufficient receipts or acquittances for the consideration when the same shall have been duly paid.
Sixthly, I do hereby authorise and empower my aforesaid Executors to sell and dispose of to the best advantage any land or any interest therein, which I own or possess, either in severalty, or as tenant in common or joint tenant whenever they shall deem it expedient so to do, and also to execute "and deliver" good and sufficient deeds, vouchers and conveyances therefor, and also to divide and make partition of any land or other property which I hold either as tenant in common or joint tenant, or in which I may be interested in any other way, and also to execute and deliver good and sufficient deeds, vouchers and conveyances therefor. And I do hereby also authorise and empower my aforesaid Executors to put out on good security or invest in any suitable public stock such sum or sums of money as may come to their hands, the same to be for the uses and purposes herein expressed. And I do hereby direct that any difficulty or misunderstanding relative to the construction of this my last Will and Testament which shall arise between my children or my Executors be decided by three indifferent and respectable freeholders of this State to be chosen by my Executors. And I hereby revoke all former wills and testaments heretofore made by me. In Witness whereof I have hereunto set my hand and seal this twenty "third" day of February in the year of our Lord One thousand eight hundred and twenty two. Saml Sackett [seal] Signed, sealed, published and declared by the said Testator as and for his last Will and Testament in the presence of us, who at his request, in his presence, and in the presence of each other have subscribed our names as witnesses thereunto. The words "and deliver" in the 4th line from the bottom of the 2d page, being first interlined, & the word "third" in the 2d line from the bottom of the third page written on an erasure. Jno Ireland, Charles Ball, Matthew Wendell.
Kings County. Be it remembered that on the twenty second day of March in the year of our Lord One thousand eight hundred and twenty two personally came and appeared before me Jeremiah Lott, Surrogate of the said County of Kings, the Rev. John Ireland of the village of Brooklyn in the said County, and being duly sworn on his oath declared that he did see Samuel Sackett sign and seal the preceeding written instrument purporting to be the Will of the said Samuel Sackett bearing date the twenty third day of February in the year of our Lord One thousand eight hundred and twenty two, and heard him publish and declare the same as and for his last Will and Testament, that at the time thereof the said Samuel Sackett was of sound and disposing mind and memory to the best of the knowledge and belief of him the deponent, and that Charles Ball and Matthew Wendell together with the deponent subscribed the said Will as witnesses thereto in the presence of the Testator and in the presence of each other.
Jeremiah Lott
The People of the State of New York by the grace of God free and independent. To all to whom these presents shall come or may concern, Send Greeting. Know Ye, That at Flatbush in the County of Kings on the twenty second day of March Instant before Jeremiah Lott Esq. Surrogate of our said County the last Will and Testament of Samuel Sackett late of the town of Brooklyn in the said County Esquire deceased (a copy whereof is hereunto annexed) was proved and is now approved and allowed of by us. And the said deceased having whilst he lived and at the time of his death goods, chattels or credits within this State, by means whereof the proving and registering the said Will and the granting administration of all and singular the said goods, chattels and credits, and also the auditing, allowing and final discharging the account thereof doth belong unto us. The administration of all and singular the goods, chattels and credits of the said deceased, and any way concerning his Will is granted unto Clarence D. Sackett, one of the Executors in the said Will named, he being first duly sworn well and faithfully to administer the same, and to make and exhibit a true and perfect Inventory of all and singular the said goods, chattels and credits, and also to render a just and true account thereof when thereunto required.
In testimony whereof We have caused the seal of Office of our said Surrogate to be hereunto affixed. Witness Jeremiah Lott Esq. Surrogate of our said County at Flatbush the twenty second day of March in the year of our Lord One thousand eight hiundred and twenty two and of our Independence the forty sixth.
Jeremiah Lott
The People of the State of New York by the grace of God free and independent: To all to whom these presents shall come or may concern, Send Greeting: Know Ye, that at Flatbush in the County of Kings on the twenty second day of March in the year of our Lord One thousand eight hundred and twenty two before Jeremiah Lott Esquire, Surrogate of our said County the last Will and Testament of Samuel Sackett late of the town of Brooklyn in the said County of Kings deceased was duly proved and recorded and the execution thereof then granted unto Clarence D. Sackett one of the Executors in the said Will named and unto James B. Clarke Esquire one other of the Executors therein named on the twenty seventh of May in the year of our Lord One thousand eight hundred and twenty two; And Whereas Elizabeth K. Sackett the Executrix in the said Will named hath by a certain Instrument in writing under her hand and seal bearing date the fifteenth day of February Instant and now on file in the Office of our said Surrogate duly renounced her claim as Executrix to the same; And Whereas Grenville A. Sackett the remaining Executor in the said Will named hath this day appeared before our said Surrogate to qualify also as Executor to the same; Now Therefore also Know Ye, That the Administration of all and singular the goods, chattels and credits of the said deceased and any way concerning his Will is granted unto the said Grenville A. Sackett in conjunction with the said Clarence D. Sackett and James B. Clarke, he being first duly sworn well and faithfully to administer the same, and to make and exhibit a true and perfect Inventory of all and singular the said goods, chattels and credits, and also to render a just and true account thereof when thereunto required.
In Testimony whereof We have caused the Seal of Office of our said Surrogate to be hereunto affixed. Witness Jeremiah Lott Esquire, Surrogate of our said County at Flatbush the fifteenth day of February in the year of our Lord One thousand eight hundred and twenty five and of our Independence the forty ninth.
Jeremiah Lott