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Note: 140-g6Le7 Catherine6 Maria Leggett born November 19, 1817 at West Farms, (Manhattan, NY City, NY)
died November 26, 1890 in Manhattan, NY City, NY, buried in Woodlawn cemetery, Bronx, NY
married October 2, 1838 to William Mortimer Allen
born November 25, 1814 in Manhattan, NY City, NY
died November 26, 1878 in Manhattan, NY City, NY
parent Stephen Allen
Children (Allen) 2: 2 girls
[LotLL material too rough for inclusion]
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Gravestone is in error as to birth year. It says "1827" but the proper year is 1817.
Birth and death dates taken from stones in the William M. Allen Plot, Woodlawn Cemetery, Bronx, N.Y., which Plot is immediately behind the William H. Leggett Plot (Lots 522 and 523, Section 9 Spring Hill Section, Magnolia Drive) near the Cemetery office at the Webster Avenue gate in the extreme northeast corner of the grounds.
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[handwritten: 1890]
DIED.
ALLEN.-Suddenly, on Wednesday, Nov. 26, Catherine Maria Allen, widow of Wm. M. Allen and daughter of the late William H. Leggett.
Funeral services will take place from the residence of her brother, 51 East 126th st., on Sunday afternoon at 2 o'clock. Interment at Woodlawn. Friends are kindly requested to omit flowers.
Obituary from the Clapp family Bible, probably pasted by Howard Clapp Leggett.
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Full Context of New York Times (New York City, New York) Death and Marriage Index, 1890
Surname: Allen
Given Name: Catharine Maria
Middle/Maiden/1st Husband's Name:
Age:
Spouse Names: Wm. M. Allen
Parents' Names: Late Wm. H. Leggett
Children's Names:
Surname Bride:
Given Name Bride:
Bride's Parents' Names:
Marriage Place:
Page #: 5
Issue Date: Nov 28, 1890
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44. That said Catherine M. Allen, another of the children of the said William H. Leggett, and mentioned in his will, departed this life on or about the 26th day of November, 1890, having first duly made and published her last will and testament, bearing date June, 1884, in the words and figures following, to wit:
In view of the uncertainty of life, desiring to dispose of my worldly affairs, being of sound and disposing mind and memory, I, Catherine M. Allen, of the City, County and State of New York, widow of William M. Allen, do make, publish and declare this my last Will and Testament, hereby revoking and annulling all other Wills heretofore made by me:
First: I direct the payment of all my just legal debts and funeral expenses, as soon as may be conveniently be done after my decease, authorizing and empowering my executors hereinafter named to sell, dispose of, and convey by instruments under seal or otherwise at public or private sale such part or parts of my estate except my paintings and wardrobe as they may deem best, as to time or times, person or persons price or prices, either for the payment of debts or the settlement or distribution of my estate, also empowering said executors with like discretion to make and carry out by instruments under seal or otherwise, the settlement of any or all claims they may deem best in favor or against my estate.
I give and bequeath my wardrobe equally to be divided between my two daughters hereinafter named. My pictures and their accompanying frames, I give and bequeathe one equal half part thereof to my daughter Margaret L. Foote for her life, and remainder in such equal half absolutely to her issue her surviving, the other equal half part of said painting and frames I give, and bequeathe unto my daughter Sarah R. Belden, for her life, and remainder thereon absolutely to her issue her surviving.
Second: All the rest, residue and remainder of my estate to me belonging at the date of my decease, real, personal or mixed, wherever situate, I give, devise and bequeath unto my two executors hereinafter named upon trust nevertheless to divide the same into two equal portions called First Portion and Second Portion, investing and reinvesting each portion in such manner as they may deem best, having confidence in their discretion that they will act prudently and for the interest of my estate therein, and to collect the income from time to time arising from each and as arising pay proper charges thereon respectively and apply the net income from the First Portion, to the use of my said daughter Margaret during her natural life, and the net income of the Second Portion to the use of my said daughter Sarah during her natural life; at the death of said Margaret, to divide the First Portion among the then surviving issue of said Margaret and at the death of said Sarah, to divide the Second Portion among the then surviving issue of said Sarah, in each case in the same manner as if the said daughters respectively were at their respective deaths the absolute owners of such portions respectively, and had died widows respectively and intestate. I hereby intend that this section shall apply to and embrace all the property or part which under the will of my late father William H. Leggett was set apart or designated or intended so to be for my benefit or in case I should die intestate for the benefit of my issue, with the same force and effect as if I were at my decease the absolute owner of the share, part or interest so in my said father's will designated, and I hereby exercise all the power and authority of disposition by will permitted in and by the Sixth Section of said Will of my said father or by any part of such will or to which I am in anywise entitled in and by such will or otherwise.
Third: In case either of said daughters should not survive me, my direction and will are, that the issue surviving me of each daughter not surviving me shall at my death receive the same share under or by virtue of this my will which such issue on the death after me of the mother of the mother of such issue would if surviving me under this will have received.
Fourth: As to any of the property or part of which I during my life am entitled under the will of my father to income only in case for any reason this will should be deemed to exceed my power under my said father's Will or otherwise to include that property in the trust hereinbefore set forth so that such part cannot be lawfully added to or embraced in such trust; I direct that such property or part be equally divided into two shares, one share I give and bequeathe absolutely share and share alike to the children of my said daughter Margaret who may survive me, subject however to the charge to pay to said Margaret during her life all the net income thereof. The other equal shares, I give and bequeathe unto the children of my said daughter Sarah, who may survive me absolutely share and share alike, subject however to the charge to pay to said Sarah during her natural life all the net income thereof.
Fifth: I hereby nominate and appoint George F. Leggett of 122 E. 17th Street, in this City, and David Porter, of 55 W. 126th Street in said City, the executors and trustees of this my last Will and Testament, giving unto the one who may qualify or qualifying may survive all the power and discretion hereinbefore given in case both should qualify or qualifying should survive.
In witness whereof I have hereunto set my hand and seal this 12th day of February, One thousand eight hundred and eighty-one.
CATHERINE MARIA ALLEN. [SEAL.]
Signed, sealed published, declared and acknowledged by Catherine M. Allen the above testatrix, as and for her last Will and Testament in our presence and we each of us at her request in her presence and in the presence of each other have hereto subscribed our names as witnesses. 3d page 7th line, from top and 4th page 7th line from top, erasure made before execution.
A. V. W. VAN VECHTEN, Residence 177 W. 47th St., N. Y.
LILLIAN H. ANDREWS, residence 124 E. 24th St., New York City.
________
I, CATHERINE M. ALLEN, widow of William M. Allen, late of the City, County and State of New York, deceased, having made my last Will and Testament bearing date the twelfth day of February, one thousand eight hundred and eighty-one, do make, and publish this my first Codicil thereto to be taken as part thereof.
First: I hereby nominate and appoint my nephew William T. Leggett now doing business at Number seventy-five Murray Street, in said City of New York, to be an additional executor and trustee of my said will with the same force and effect as if he had been named in said will when executed, as one of the executors and trustees thereof.
Second: In all respects not inconsistent with this Codicil, I hereby ratify and confirm my said will.
In Witness Whereof I, Catherine M. Allen, have hereunto set my hand and seal this ___ day of June, in the year one thousand eight hundred and eighty-four.
CATHERINE MARIA ALLEN. [SEAL.]
Signed, sealed, published, declared and acknowledged by Catherine M. Allen the above named testatrix, as and for her the first Codicil to her last Will and Testament in our presence and we each of us at her request in her presence, and in the presence of each other have hereto subscribed our names as witnesses.
THOMAS B. LEGGETT, No. 62 East 126th Street, N. Y. City.
LAURA L. LEGGETT, 62 East 126th St., New York City.
45. The plaintiff further alleges that the said last will and testament and codicil thereto of the said Catherine M. Allen were duly proved before the Surrogate of the County of New York, on the 22d day of January, 1891, and duly admitted to probate by said Surrogate and that letters testamentary thereupon were duly granted to the defendant David F. Porter, the only executor named in said will who qualified, and that said will and codicil were duly recorded in the office of the said Surrogate on the said 22d day of January, 1891, in Liber 449 of Wills page 145, and that thereafter, by the judgment or decree of this Court made in a certain action in this Court, in which the above mentioned surviving trustees under the will of the said William H. Leggett, deceased, were plaintiffs, and the said David F. Porter as executor aforesaid, and the heirs and devisees of said Catherine M. Allen were defendants, on the 6th day of August, 1891, the trusts attempted to be created and the disposition to be made by the said Catherine M. Allen with respects to her interest in the estate of her father, the said William H. Leggett, in and by her said last will and testament were adjudged and declared to be null and void;
46. That the said Catherine M. Allen left her surviving two children, the defendants Margaret L. Foote and Sarah R. Belden, her only children and heirs at law;
From pp. 74-79 of:
ANNA SCHELL, INDIVIDUALLY AND AS SOLE SURVIVING ADMINSTRATRIX,
WITH THE WILL ANNEXED OF THE GOODS, CHATTELS AND CREDITS
LEFT UNADMINISTERED OF THOMAS LEGGETT, DECEASED,
Plaintiff,
Against
MARY E. CORSE, AND OTHERS,
Defendants.
SUMMONS AND COMPLAINT.
JOHN THEALL,
Plaintiff's Attorney,
Nos. 45 and 47 Wall Street,
New York City.
Robert B. King, Printer, 89 William St., N. Y.
Dated New York, October 1, 1891.
Electronically transcribed, March 2003, by David John Leggett, b. 1961, 4th great grandson of Thomas Leggett, 1755-1843.
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