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Note: 74-g5Le7 Joseph5 Leggett born January 5, 1785
died before November 1, 1852
married ca 1808 to Elizabeth Jenkins
Children (Leggett) 6: 3 boys, 3 girls
133-g6Le7 James6 Shaw
134-g6Le7 Caroline6
135-g6Le7 William6 Jenkins
136-g6Le7 Mary6 Haight
137-g6Le7 Sally6 Ann
138-g6Le7 Edward6 William
Joseph5 Leggett was a merchant in New York City during a part of his life, but in his will he calls himself "late of Philadelphia". In his will, dated October 4, 1850, proved New York, November 1, 1852, he mentions his wife, Elizabeth, daughter Sally137-g6Le7 Ann Leggett (so that she was probably not married at that date), son James133-g6Le7 Shaw Leggett, and his late father, Thomas31-g4Le7 Leggett. Executors: his brother-in-law, George2 S. Fox, and his friend, Joseph Walker.
ß Note William135-g6Le7 Jenkins and Edward138-g6Le7 William are the same two individuals as are found under Joseph52-g5Le6. Which of these two listings are correct is yet to be proven.
[* 52-g5Le6 Joseph5 Leggett, (Joseph4, Thomas3, Gabriel2, Gabriel1)
born 1770s
1st married yes
2nd married Elizabeth ?
Children (Leggett) ?
72-g6Le6 William6 Jenkins
73-g6Le6 Edward6 William
There is no information on Joseph5 other than the fact that he was married twice. Who mothered the children is not known or if there were others.
Note William72-g6Le6 Jenkins and Edward73-g6Le6 William are the same two individuals as are found under Joseph74-g5Le7. Which of these two listings are correct is yet to be proven.]
(This incomplete listing is from LotLL, 6-6; I have seen the Quaker marriage certificate in the records of the North District Quaker Meeting, which are in the possession of the Nantucket Historical Association, and have a copy of it, yielding the exact date of the marriage, beyond merely "about 1808" as T. A. Leggett lists in Early Settlers. p. 71. The names of the above children appear in my more complete list of children (Early Settlers, p. 71), which I believe settles the matter; that Joseph5 (Thomas4, Thomas3, Gabriel2, Gabriel1), and not Joseph5 (Joseph4, Thomas3, Gabriel2, Gabriel1) is the father. The middle name of the first child listed above points to his mother as a Jenkins, as T. A. Leggett says. DJL)
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12 October 1850 US Census, Philadelphia PA - Joseph Leggett [65 New York - gentleman], Elizabeth [65 Massachusetts], Sarah Ann [42 New York], Thomas L. Sturtevant [9 New York], Edward L. [8 Massachusetts], Joseph N. [6 Massachusetts], Alice Moss [21 Ireland], Ann McGlivery [22 Ireland], James Green [19 Philadelphia]. [page 155, South Ward, line 30]
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11. And the plaintiff further shows that Joseph Leggett, another of the children of the said testator, Thomas Leggett, departed this life in the year 1852 having first duly made and published his last will and testament bearing date the 4th day of October, 1850, in the words and figures following:
I, JOSEPH LEGGETT, of the City of Philadelphia, State of Pennsylvania, do make, publish and declare this my last Will and Testament, in manner and form following, that is, to say:
First: I order and direct that all my just debts and funeral expenses be paid as soon after my decease as conveniently can be done.
Item: I give and bequeath unto my beloved wife, Elizabeth Leggett, all my personal property of every nature kind and description. This bequest however not to include the proceeds of any real estate which may have been or may be hereafter disposed of by the executors of my late father, Thomas Leggett, in the proceeds of which I may be interested.
Item: I give and devise to my wife for and during her life, the rents and income of my share of the real estate in the City and County of New York, devised to me by the Will of my late father Thomas Leggett, and in case the executors of said will shall sell and dispose of said real estate of any part thereof then and in such case, I order and direct that the share of such proceeds which by virtue of my said father's will, would be payable to me or my legal representatives, be paid over by the executors of said will to the executors of this my will, and be by them invested on bond and mortgage on productive real estate, or in stocks of a permanent and productive nature, and to apply the interest or income thereof to the use of my said wife during her life. And on the death of my said wife, I order and direct that all my real estate and the proceeds of any real estate which may have been sold as aforesaid be equally divided one equal half part thereof, I give and bequeath to my daughter, Sally Ann Leggett her heirs and assigns, and the other equal half part, I give and devise unto my executors and the survivors of them in Trust to receive the rents and income thereof and to apply the same to the use of my son James Shaw Leggett for and during his life, and upon his death to convey, transfer and deliver over the real estate so held in trust of the proceeds thereof to his lawful issue each then living child of his taking one equal share thereof and the issue of any deceased child of his who shall have died leaving lawful issue then living taking the share their parents would have taken if living. And in case my said son shall die without leaving lawful issue him surviving, then upon his death to convey, transfer and deliver over the real estate so held in Trust of the proceeds thereof to my said daughter Sally Ann Leggett her heirs and assigns. And for the purpose of making the division aforesaid, I hereby authorize and empower my executors and the survivor of them to sell and dispose of all or any part of my real estate at public or private sale, as he or they shall see fit and to give good and sufficient deeds of conveyance therefore in fee simple to the purchaser or purchasers thereof.
Lastly: I hereby nominate, constitute and appoint my brother-in-law, George S. Fox and my friend Joseph Walker executors of this my last Will and Testament. And hereby revoke all former wills by me made, I declare this and this only to be my last Will and Testament.
In witness whereof I have hereunto set my hand and seal this fourth day of October, one thousand eight hundred and fifty.
JOSEPH LEGGETT, [L. S.]
12. And the plaintiff further alleges that the said last will and testament of the said Joseph Leggett, deceased, was duly proved before the Surrogate of the County of New York, on the 21st day of December, 1852, and duly admitted to probate by said Surrogate, and that letters testamentary were duly granted by said Surrogate to George S. Fox and Joseph Walker, the executors in said will, named, who thereupon duly qualified as such executors, and entered upon the discharge of the duties of their office, and that the said will was duly recorded in the office of the said Surrogate of the County of New York, on the 21st day of December, 1852, Liber 106 of Wills, page 63.
13. And the said plaintiff further alleges that at the time of the said partition suit hereinafter mentioned, the living lawful children of the said James Shaw Leggett, son of the testator, Joseph Leggett, were Joseph Leggett, Isabell Leggett, George P. Leggett, and Elizabeth Leggett.
From pp. 30-33 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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Fifth: Descendants of Joseph Leggett. Upon information and belief that Joseph Leggett, a son of the said testator, Thomas Leggett, died October 25th, 1852; that his interest in the said residuary clause of the will of said Thomas Leggett, deceased, was a life estate, with the remainder in equal shares to his children and the issue of any deceased child; that the said Joseph Leggett was survived (a) by a son, James Shaw Leggett, who died April 3rd, 1892, intestate, and a widower, and leaving two children, his only heirs-at-law, to wit: 1st, George P. Leggett, who is married to Dorothea Winifred Hamlet Leggett, and who both reside at Hempstead, Long Island, New York; and 2nd, Elizabeth Leggett, who resides at Hempstead, Long Island, New York; (b) by a daughter, Sarah Ann Benson, who died May 24th 1883, unmarried and without issue and leaving a last will and testament bearing date March 18th, 1875, wherein she devised all her residuary estate to her three nephews, Thomas L. Sturtevant, Edward Lewis Sturtevant and Joseph N. Sturtevant, or the survivor of them, which said will was duly proved before the Probate Court of the County of Middlesex, in the Commonwealth of Massachusetts, and was duly admitted to probate by the said court; that the said Joseph N. Sturtevant, one of the devisees in the said will mentioned, departed this life on the 19th day of January, 1879, intestate, unmarried and without issue, leaving him surviving his brothers, Thomas L. Sturtevant and Edward L. Sturtevant, his only heirs-at-law, being the other devisees named in said will; that said Edward L. Sturtevant died July 30th, 1898, intestate, leaving him surviving his widow, Hatty M. Sturtevant, and five children, as follows: Grace Sturtevant, Hatty Sturtevant Everit, Thomas Joseph Sturtevant, unmarried, Edward Lewis Sturtevant, who resides at Number 96 Ivy Street, Brookline, Massachusetts, and is married to May Louise Sturtevant, and Robert Swan Sturtevant, who is unmarried, a minor over fourteen years of age and resides with and is in the care and custody of his sister Grace Sturtevant; that the said Grace Sturtevant, and Robert Swan Sturtevant all reside at Glen Road, Wellesley Farms, Massachusetts; that Hatty M. Sturtevant, the widow of said Edward Lewis Sturtevant, resides at Framingham, Massachusetts; that said Thomas L. Sturtevant is married to Laura Heaton Sturtevant, and they both reside at Quincy, Massachusetts.
From:
The Application for the appointment of a Trustee to execute the Power of sale remaining unexecuted, conferred by the Last Will and Testament of Thomas Leggett, deceased, upon the executors thereof.
Petition and Order to Show Cause.
FERRISS, ROESER & STORCK,
Attorneys for Petitioner,
165 Broadway,
New York City
THE REPORTER CO., WALTON, N. Y.
N. Y. Office, Charles Watson Russell,
253 Broadway, Room 205, 'Phone 5909 Barclay
1910
At a Special Term Part II of the Supreme Court of the State of New York held in and for the County of New York at the County Court House in said County, on the 11th day of May, 1910.
Electronically transcribed, February 2003, by David John Leggett, b. 1961, 4th great grandson of Thomas Leggett, 1755-1843.
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<b>Joseph Leggett
</b>Birth 5 Jan 1785 New York, USA
Death 25 Oct 1852 (aged 67) Philadelphia, Philadelphia County, Pennsylvania, USA
Burial Laurel Hill Cemetery Philadelphia, Philadelphia County, Pennsylvania, USA
Memorial ID 136962476
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