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Note: 81-g5Le7 Rebecca5 Leggett born February 7, 1799 or July 2, 1799
died April 14, 1878, age 79 years, 2 months, 7 days
married June 16, 1819 to George2 S. Fox at Westchester
born September 30, 1796
died June 29, 1864
parents George1 Fox and his second wife Esther ?
Children (Fox) 5: 2 boys, 3 girls
i Esther3 F., b Jun 29, 1820; d Oct 24, 1893; m Jan 11, 1849 to James W. Tucker, son of James W. Tucker and wife Harriet.
Children (Tucker) 1: 1 boy
i Ernest
ii Eliza3 L., b Aug 10, 1822; d Apr 6, 1891; m 1st Apr 11, 1854, Benjamin Merritt, b Apr 16, 1810, son of Nehemiah and Phebe Merritt; m 2nd Jun 6, 1874 to Jonathan Thorne, (as his second wife) b Apr 20, 1801; d Oct 9, 1884 he was the son of Samuel Thorne and wife Phebe of Washington, Dutchess Co., N.Y. Jonathan Thorne m 1st Jul 9,1823 to Lydia Ann Corse, born Nov 30, 1805; d Oct 14, 1872; daughter of Israel Corse and wife Lydia Troth, and sister of Barney Corse who m Mary126-g6Le7 E. Leggett, and their son, Edwin Thorne, married Charlotte Pearsall.
iii George3 Henry, b Oct 10, 1824; d Mar 27, 1865; m yes
Children (Fox) 2: 1 boy, 1 girl
i Austin4 G.
ii Rebecca4
iv Anna3, b Mar 31, 1827; ; d (?); m Mar 25, 1873 to Augustus Schell
v William3 J., b Nov 4, 1828; d Aug 12, 1888; m Bertha (?)
George2 S. Fox was the half brother of William2 W. Fox, who married Charlotte75-g5Le7 Leggett, sister of Rebecca5.
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DESCENDANTS OF REBECCA L. FOX.
59. The plaintiff further alleges that Rebecca L. Fox, another of the children of the said testator Thomas Leggett, and one of the defendants in the said partition suit, departed this life on the 14th day of April, 1878, her husband, the said George S. Fox, having died before her, having first made and published her last will and testament bearing date the 13th day of September, 1875, in the words and figures following, to wit:
I, REBECCA L. FOX, of the City of New York, widow of George S. Fox, late of the said City, do make this my last Will and Testament.
First: I give and bequeathe to my daughter Eliza F. wife of Jonathan Thorne, the silver tea pot, milk cup, sugar dish and spoons marked T. M. L. the initials of the names of my father and mother, also two plated waiters, and the smallest of the two small waiters:
Second: I give and bequeathe to my daughter Anna wife of Augustus Schell, the silver tea pot, milk cup, sugar tongs, spoons and forks marked R. L. the initial of my maiden name, and I also give and bequeathe to my said daughter Anna the rest of my silver and silverware, and the other two plated waiters.
Three: I give to my daughter Esther F. her fathers family bible, and to my daughter Eliza F. my father's family bible.
Fourth: I give, devise and bequeath to my daughters Esther F., Eliza F., and Anna, all my house linen, bed, bedding, furniture, curtains and mirrors, to be divided equally between them by my executors.
Fifth: I give, devise and bequeathe all the rest, residue and remainder of my estate, real and personal as follows, to wit: One fifth part thereof to my daughter Esther F. Tucker, wife of James W. Tucker; one fifth part thereof to my daughter Eliza F. Thorne, wife of Jonathan Thorne; one fifth part thereof to my daughter Anna Schell, wife of Augustus Schell; one fifth part thereof to my son William J. Fox; one tenth part thereof to my grandson Austen G. Fox; one tenth part thereof to my granddaughter Rebecca F. Riggs wife of Benjamin C. Riggs, the said Austen G. and Rebecca F. being children of my deceased son, George Henry Fox.
Sixth: I hereby authorize my said executors to sell and dispose of the real estate of which I may die seized for such prices and upon such terms as they may deem proper, and on sale thereof to make, execute and deliver good and sufficient deeds of conveyance thereof to the purchaser or purchasers thereof.
Lastly: I revoke all wills heretofore made by me. I appoint my son-in-law Augustus Schell and my grandson Austen G. Fox, executors of this my will.
Dated at the City of New York, this thirteenth day of September, A.D. 1875.
R. L. FOX. [L.S.]
Signed, sealed declared and published by the said Rebecca L. Fox, as her last Will and Testament in our presence who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses,
JOHN W. ONDERDONK, N. Y. City.
J. W. ONDERDONK, JR., New York City.
60. That the said will was duly proved before the Surrogate of the county of New York, on the 6th day of June 1878, and duly admitted to probate by said Surrogate, and that letters testamentary thereupon were duly granted and issued by said Surrogate to the defendant Austen G. Fox, one of the executors named in said will, who duly qualified as such executor and entered upon the discharge of the duties of his office, and that said Will was duly recorded in the office of the Surrogate of said county in Liber 257 of Wills, page 261, on the 6th day of June, 1878.
From pp. 90-92 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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Ninth: Descendants of Rebecca L. Fox. Upon information and belief that Rebecca L. Fox, a daughter of the said testator, Thomas Leggett, deceased, died on the 14th day of April, 1878, her husband, George S. Fox, having died before her, and left a last will and testament bearing date September 13th, 1875, which contained the following provision affecting the said property:
"Fifth: I give, devise and bequeath all the rest, residue and remainder of my estate, real and personal as follows, to wit: One fifth part thereof to my daughter Esther F. Tucker, wife of James W. Tucker; one fifth part thereof to my daughter Eliza F. Thorne, wife of Jonathan Thorne; one fifth part thereof to my daughter Anna Schell, wife of Augustus Schell; one fifth part thereof to my son William J. Fox; one tenth part thereof to my grandson Austen G. Fox; one tenth part thereof to my granddaughter Rebecca F. Riggs, wife of Benjamin C. Riggs, the said Austen G. and Rebecca F. being children of my deceased son, George Henry Fox.
And the said will was duly admitted to probate in the Surrogate's Court of the County of New York, June 6th, 1878, and was duly recorded in the office of the said Surrogate in Liber 257 of Wills, page 261.
That the said Rebecca L. Fox was survived by the following children, her only heirs at law, to wit: Esther F. Tucker, a daughter, Eliza F. Thorne, a daughter, Anna Mott Schell, a daughter, William J. Fox, a son; Austen G. Fox, who is married to Alice Hoppin Fox, and resides at Number 37 East 39th Street, Borough of Manhattan, City and County of New York, and Rebecca F. Riggs, who resides at Number 27 East 77th Street, Borough of Manhattan, City and County of New York in New York City, but is now temporarily sojourning at 2325 Westview Drive, Seattle, Washington, who are the children of George Henry Fox, deceased, son of Rebecca L. Fox.
That the said William J. Fox, son of the testatrix, Rebecca L. Fox, and a devisee under her said will, departed this life intestate and without issue on the 12th day of August, 1888, leaving him surviving his widow, Bertha Fox, now deceased, and his sisters, Esther F. Gucker, Eliza F. Thorne, Anna Mott Schell, and his nephew, said Austen G. Fox, and niece, the said Rebecca F. Riggs.
That the said Anna Mott Schell, daughter of the said testatrix, Rebecca L. Fox, died on January 5th, 1905, leaving a last will and testament which was duly admitted to probate in the Surrogate's Court, New York County, March 9th, 1905, by which said Anna Mott Schell devised one-half of her residuary estate to the Union Trust Company of New York, (a corporation doing business in the City of New York) in trust to collect the rents, issues and profits and pay the same to Rebecca F. Riggs during her life and upon her death to her issue then surviving. That the following named are all the descendants of said Rebecca F. Riggs; Austen Fox Riggs a son who is married to Alice McBurney Riggs and they have two children Anne Riggs aged 5 and Margaret Riggs aged 3 years and they all reside at Stockbridge, Massachusetts; Francis Behn Riggs, a son who is unmarried and resides at #2325 Westview Drive, Seattle, Washington, and Rebecca Riggs Crane (who has no children), residing at No. 120 E. 70th Street, New York City. The other half of said residuary estate was devised to said Austen G. Fox absolutely.
That the said Eliza F. Thorne, daughter of the said testatrix, Rebecca L. Fox, died on or about the 6th day of April, 1891, unmarried and without issue, leaving a last will and testament dated the 23rd day of December, 1885, and a codicil thereto bearing date the 18th of March, 1891, which were duly admitted to probate by the Surrogate of New York County on the 24th day of May, 1891, and which contained the following provision affecting the said property:
"Fourth: As to all the rest of the estate and property of which I may die seized, or possessed, or in any way entitled to, I give, devise and bequeath one-half thereof, to my nephew Ernest F. Tucker, or to his issue in case he shall die before me leaving issue; one quarter thereof to my nephew Austen G. Fox or to his issue, in case he shall died before me leaving issue, and one-quarter thereof to my niece Rebecca F. Riggs, or to her issue in case she shall die before me leaving issue."
That said Austen G. Fox, Rebecca F. Riggs and Ernest F. Tucker, devisees under said will, survived the said testatrix.
That the said Esther F. Tucker died October 24th, 1893, leaving her last will which was duly probated December 14th, 1893, in New York County, under the terms of which all the residuary estate was devised to her son Ernest F. Tucker and was survived by her son, George F. Tucker, who is married to Adele P. Tucker, both residing at Number 288 Washington Avenue, Albany, New York, and her son, Ernest F. Tucker, who is married to Mabel A. Tucker and both residing in Portland, Oregon.
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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