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Note: 83-g5Le7 Mary5 Leggett born January 13, 1803
died July 20, 1878, age 75 years, 6 months, 2 days
married April 14, 1824 to Thomas W. Pearsall at Westchester
born December 8, 1795
died February 21, 1866
parents Edmond Pearsall and wife Rachel
Children (Pearsall) 6: 3 boys, 3 girls
i. Charlotte, b Jan 1825; d July 3, 1867; m May 6, 1857 to Edwin Thorne, b Jan 20, 1826; son of Jonathan Thorne and 1st wife Lydia Ann Corse
Children (Thorne) 3: 3 boys
i. Thomas P.
ii. Chester
iii. Oakleigh
ii. Anna, b Jul 29, 1826; d Nov 26, 1828 in infancy
iii. Caroline, b Apr 9, 1828; d Jul 1832 age 4 years
iv. Edward, b Apr 4,1830; d Jun 6, 1832 age 2 years 3 months
v. Robert W., b Aug 30, 1833; d May 29, 1871; m Jul 2, 1860 to Elizabeth W. Phelps, daughter of Thomas W. Phelps and wife Elizabeth B.
Children (Pearsall) 1: 1 boy
i. Harold
vi. Thomas W. Jr., m Pauline Spofford
Children (Pearsall) 4: 2 boys, 2 girls
i. Charlotte T.
ii. Mary L.
iii. Paul S.
iv. Thomas W.
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DESCENDANTS OF MARY L. PEARSALL.
64. And the plaintiff further shows that Mary L. Pearsall, another of the children of the said testator, Thomas Leggett, and another of the parties defendant to said partition suit, departed this life on the 20th day of July, 1878, her husband, Thomas W. Pearsall, having died before her, having first duly made and published her last will and testament bearing date the 6th day of June, 1878, in the words and figures following, to wit:
IN THE NAME OF GOD, AMEN:
I, MARY L. PEARSALL, widow of Thomas W. Pearsall deceased, of the City, County and State of New York, do make, publish and declare this to be my last Will and Testament, hereby revoking all former wills by me made.
First: I give and bequeathe to Charlotte T. Pearsall, the oldest daughter of my son Thomas W. Pearsall my silver tea set, consisting of two tea pots, one cream pitcher one sugar bowl and one slop bowl; to Mary L. Pearsall, the youngest daughter of my said son my other tea set consisting of one coffee pot, two tea pots, one sugar bowl, one cream pitcher and one pot and milk pitcher, and to my grandchild Thomas Pearsall Thorne the two silver pitchers which were given to me some years ago by my brother-in-law Robert Pearsall.
Second: I give and bequeathe to Miss Anne E. Murray who now lives with me and has proved such a faithful companion, the sum of Five hundred dollars.
Third: I give and bequeathe Two hundred and fifty dollars to each of my nine following named nieces, Esther F. Tucker, Catherine Leggett, Sarah F. Leggett, Mary L. Parsons, Rebecca L. Willets, Margaret Hoffman, Eliza F. Thorne, Anna Schell and Louisa Graham.
Fourth: I give and devise all my real estate, lands, tenements and hereditaments wheresoever the same may be situated, to Samuel Thorne in trust to sell the same and from the proceeds of such sale (1) to pay to Pauline Spofford Pearsall, wife of my son Thomas W. Pearsall for her sole and separate use, the sum of Thirty thousand dollars, $30,000. with interest from the time of my decease. 2. To pay out of the remainder of such proceeds to my son Thomas W. Pearsall and my son-in-law Edwin Thorne in equal shares, the sum of Twenty-eight thousand dollars being the amount heretofore and on the sixteenth day of May, one thousand eight hundred and sixty-seven, received by me from my said son and my deceased daughter Charlotte P. Thorne, then the wife of said Edwin Thorne, together with the interest on the said sum from that date. 3. To pay the remainder of such proceeds to my grandchildren me surviving in equal shares, the names of my said grandchildren being now as follows:
Charlotte Thorne Pearsall, Paul Spofford Pearsall, Thomas W. Pearsall, Jr. and Mary L. Pearsall, (being the children of my said son Thomas W. Pearsall) Thomas Pearsall Thorne, Chester Thorne and Oakleigh Thorne (being the children of my deceased daughter Charlotte P. Thorne) and Harold W. Pearsall, who is the only surviving child of my deceased son Robert W. Pearsall.
Fifth: I give and bequeathe all my stock in the International and Great Northern Railroad Company to John W. Sterling in Trust 1. to receive the income thereof and at any time or times in his discretion to sell the said stock and to receive the proceeds of such sale and invest and re-invest the same in such securities as he may deem fit whether the same are such as are permitted for investment, by trustees under the law of this State or not and also to receive the income of such investments and reinvestments. 2. To apply all moneys so received by him whether principal or income in the first place to the re-payment to my said son Thomas W. Pearsall, my said son-in-law Edwin Thorne, at such times and in such instalments as my said trustee shall think fit but in equal shares of the said sum of Twenty-eight thousand dollars paid to me by my said son and deceased daughter as aforesaid (deducting therefrom whatever may have been paid on account thereof out of the proceeds of my real estate hereinbefore devised) together with interest on the said sum from the sixteenth day of May eighteen hundred and sixty-seven. 3. To apply the remainder of such moneys to the use of my grand children me surviving at such times and in such instalments as my said trustee may think fit but in equal shares.
(4) To dispose all the remainder of the fund in his hands whether principal or income among all my grandchildren me surviving in equal shares. Upon the death of Paul Spofford Pearsall and Thomas W. Pearsall, Junior (the said persons being two minor children of my said son Thomas W. Pearsall) or upon the request of both my executors at the arrival at majority of either of the two said minor children or in the discretion of my said trustee at any earlier period said Trust then to cease and wholly determine.
Sixth: I direct that in case of the death of any of my grandchildren before the final distribution of the fund provided by the fifth article of this will, the share of such deceased grand children in the principal and income of such fund be paid to or applied to the use of such other of my grand children as shall survive such deceased grand children.
Seventh: I divide all the rest, residue and remainder of my personal estate into as many parts as I shall leave grandchildren me surviving and give and bequeathe one share to each of such grand children.
Eighth: I hereby appoint my son Thomas W. Pearsall and my son-in-law Edwin Thorne, executors of this Will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this sixth day of June, one thousand eight hundred and seventy-eight.
MARY L. PEARSALL. [L. S.]
Signed, sealed, published and declared by Mary L. Pearsall the above named testatrix, as and for her last Will and testament in the presence of us and each of us who at her request and in her presence and in the presence of each other have hereto subscribed our names as witnesses.
CHAS. G. THOMPSON, 25 La Feyette Place.
GARDINER THOMPSON, 25 La Feyette Place, N. Y. City.
65. That the said will was duly proved before the Surrogate of the County of New York on the 16th day of November, 1878, and duly admitted to probate by said Surrogate, and letters testamentary thereupon were duly granted and issued to Thomas W. Pearsall and Edwin Thorne, the executors named in said will, who duly qualified as such and entered upon the discharge of the duties of the office; and that the said will was duly recorded in the office of the said Surrogate on said 16th day of November, 1878, in Liber 259 of Wills, page 105; that the said Executor Edwin Thorne has since departed this life, and Mary L. Pearsall, one of the grandchildren in said will named, died April 15th 1883, intestate, an infant of tender years, leaving her father, the said Thomas W. Pearsall, her only heir at law, and that Charlotte Thorne Pearsall, another grandchild in said will mentioned, has since intermarried with Elisha R. Walker, and that the other grandchildren mentioned in said will are still living.
From pp. 96-100 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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Heirs of Lot No. 308-310 Section 9 Deed No. 173
State of Connecticut
County of Fairfield
Thomas W. Pearsall residing at Black Rock in the County of Fairfield and State of Connecticut being duly sworn, doth depose and say: That Mary L. Pearsall late owner of Lot No. 308-310 Section 9 in the Woodlawn Cemetery, situated in the City and County of New York, died on or about the 20th day of July one thousand eight hundred & seventy-eight and did not specifically dispose of said Lot by Last Will and Testament.
That at the time of the death of the said Mary L. Pearsall she left her surviving three children.
Charlotte Pearsall Thorn, since deceased
Robert Pearsall
Thomas W. Pearsall, this deponent.
That at the time of the death of the said Mary L. Pearsall she left her surviving no children of deceased children.
That the said Charlotte Pearsall Thorn left surviving her three children: Thomas Pearsall, Chester and Oakley Thorn and a husband, Edwin Thorn, since deceased.
That the said Mary L. Pearsall left her surviving no husband.
Signature T. W. Pearsall
Sworn to before me this 10th day of April 1903
Thomas L. Watson,
Notary Public
SEAL. for Connecticut.
County Clerk's Certificate annexed
[Identical copy of affidavit also appears in Notes for Thomas W. Pearsall, deponent]
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Tenth: Descendants of Mary L. Pearsall. Upon information and belief that Mary L. Pearsall, a daughter of the said testator, Thomas Leggett, deceased, died July 20th, 1878, her husband, Thomas W. Pearsall, having died before her, and left a last will and testament dated June 6th, 1878, which contained the following provision affecting the said property:
"Fourth: I give and devise all my real estate, lands, tenements and hereditaments wheresoever the same may be situated, to Samuel Thorne in trust to sell the same and from the proceeds of such sale (1) to pay to Pauline Spofford Pearsall, wife of my son Thomas W. Pearsall for her sole and separate use, the sum of Thirty thousand dollars, $30,000 with interest from the time of my decease. 2. To pay out of the remainder of such proceeds to my son Thomas W. Pearsall and my son-in-law Edwin Thorne in equal shares, the sum of Twenty-eight thousand dollars being the amount heretofore and on the sixteenth of may, one thousand eight hundred and sixty-seven, received by me from my said son and my deceased daughter Charlotte P. Thorne, then the wife of said Edwin Thorne, together with the interest on the said sum for that date. 3. To pay the remainder of such proceeds to my grandchildren me surviving in equal shares, the names of my said grandchildren being now as follows:
Charlotte Thorne Pearsall, Paul Spofford Pearsall, Thomas W. Pearsall, Jr. and Mary L. Pearsall, (being the children of my said son Thomas W. Pearsall) Thomas Pearsall Thorne, Chester Thorne and Oakleigh Thorne (being the children of my deceased daughter Charlotte P. Thorne) and Harold W. Pearsall, who is the only surviving child of my deceased son Robert W. Pearsall."
That said last will and testament was duly admitted to probate by the Surrogate of the County of New York on November 16th, 1878, and letters testamentary thereupon were duly issued to Thomas W. Pearsall and Edwin Thorne, the executors named in said will, who duly qualified as such and entered upon the discharge of the duties of their office; that the specific legacies contained in the aforesaid provision have been fully paid and discharged; that Mary L. Pearsall, one of the grandchildren in said will named, died April 15th 1883, intestate, unmarried and without issue, leaving her father, the said Thomas W. Pearsall, her only heir at law. Thomas W. Pearsall, Jr., another grandchild named in said will, died April 8th, 1903, without issue, leaving a last will and testament which was admitted to probate in the Kings County Surrogate's Court on the eighth day of July, 1903, and was survived by his widow, who has since married and is now Cornelia A. McNulty and resides at McDowell, Virginia, and by his father, said Thomas W. Pearsall, and by a brother and sister respectively-Paul Spofford Pearsall and Charlotte T. P. Walker, hereinafter named. That the said will contained the following provisions: a legacy of $10,000 to Jacob Halstead, a legacy of $5,000 to Cornelia Adams Pearsall, testator's widow, a legacy of $25,000 to said Thomas W. Pearsall and Jacob Halstead, as Trustees, a residuary clause in favor of Bertha G. Barker who resides at No. 341-73rd Street, Bay Ridge, Brooklyn, N. Y. That the said Jacob Halstead who resides at Mamaroneck, New York and has an office at No. 76 William Street, New York City is the sole acting executor of and trustee under said will.
That Pauline Spofford Pearsall, wife of Thomas W. Pearsall, son of the said testatrix, Mary L. Pearsall, and named in her said will, died on or about the 25th day of August, 1896. That the said testatrix, Mary L. Pearsall, was survived by said Thomas W. Pearsall, her son and his three children, Paul, Charlotte and Thomas above named, and by Thomas P. Thorne, Chester Thorne and Oakleigh Thorne, children of her deceased daughter, Charlotte P. Thorne, and by Harold W. Pearsall, the only surviving child of Robert W. Pearsall, a deceased son of the said testatrix and by Samuel Thorne, the trustee named in the fourth paragraph of said will who resides at No. 914-5th Avenue, New York City. That the said Harold W. Pearsall resides at Tenuta di Castelnuovo, Tencredi, Buencovento, Province di Sienna, Italy; that your petitioner has been unable to ascertain whether or not the said Harold W. Pearsall, is married, but has been informed that he probably is married, and, therefore, designates Anna Pearsall, the name "Anna" being fictitious, her true name being unknown to your petitioner, as the wife of the said Harold W. Pearsall; that said Thomas P. Thorne is unmarried, and resides at Number 12 Place Vendome, Paris, France; that the said Chester Thorne is married to Anna Hoxie Thorne, and they both reside at Tacoma, Washington; that the said Oakleigh Thorne is married to Helen S. V. Thorne, and they both reside at Number 299 Madison Avenue, Borough of Manhattan, City and County of New York. That the said Thomas W. Pearsall, son of the said testatrix, Mary L. Pearsall, died January 1st, 1909, a widower leaving a last will and testament and three codicils which were duly admitted to probate on the 21st day of January, 1909, in the Probate Court, District of Bridgeport, County of Fairfield, State of Connecticut, and which contain certain provisions affecting the said property as follows in the said will the following:
"SECOND.
"As soon after my decease as may be practicable, I direct my Executors to divide all my property, not specifically distributed, as aforesaid, both real and personal, into as many equal shares as I may leave children, me surviving, and the lineal descendants of any deceased child, one share for each child and one share for the lineal descendants of each deceased child; and , by an instrument in writing under the hands and seals of my Executors (executed in such manner as to entitle it to be recorded wherever any of my property may be situated), to describe and designate separately the various shares so set apart for the benefit of my children and lineal descendants, specifying for whose benefit each share is held.
"FOURTH
"I give, devise and bequeath the shares set apart for the benefit of my children, respectively, as aforesaid, to my said Executors IN TRUST, however, for the uses and purposes following:
I. To apply the rents, profits and income of each of the said shares to the use of the child for whose benefit such share was set apart as aforesaid, during his lifetime, with full power, in the absolute and uncontrolled discretion of my said Trustees, to apply, from time to time, the whole or any portion of the principal of the fund held for any such child to his or her use, if, in the judgment of my said Trustees, it is desirable, in the interest of such child, to make any such payment.
II. Upon the death of each of my children, respectively, to convey, transfer and to pay over so much of the share of the child so dying as may then remain, to such persons or corporations and for such uses and purposes as he may direct by his Last Will and Testament, and, in the absence of such discretion, to his lineal descendants, him surviving, in equal shares, per stirpes and not per capita; or , if he should leave no lineal descendants him surviving, and should not have directed the disposition of the said fund by his Last Will and Testament, then to my other children him surviving and the lineal descendants of any deceased child, in equal shares, per stirpes and not per capita."
"TENTH.
"I hereby appoint my friends John W. Sterling and John A. Garner of the City of New York, to be the Executors of and Trustees under this will, and request that no security be required of any of them, either as Executors or Trustees."
In a codicil to said will, which codicil is dated October 31st, 1906, the following:
"FIRST.
"I revoke Subdivision II, of Article Fourth, of my said Will; and I direct my Trustees, upon the death of each of my children, respectively, to convey, transfer and pay over so much of the share of the child so dying as may then remain, to his lineal descendants, him surviving, in such shares and proportions, whether equal or unequal, and on such terms and conditions as he may direct by his Last Will and Testament, or, in the absence of such direction, in equal shares, per stirpes and not per capita; or, if either of my children should die without leaving any lineal descendants him surviving, then to my surviving child."
In the last codicil to said will, the following:
"FIRST.
"I revoke so much of Article First of the Codicil to my said last will and testament, dated and executed by me in October, 1906, as comprises the disposition of the share of my estate set apart for the benefit of my son Paul Spofford Pearsall, upon his death, without leaving lineal descendants him surviving.
"SECOND.
"In case of the death of my said son, Paul Spofford Pearsall, without leaving him any lineal descendants him surviving, I direct the Trustees of my said last will and testament to convey, transfer and pay over so much of the share of my estate held for the benefit of my said son as may then remain, to such persons or corporations and for uses and purposes as my said son may direct by his last will and testament, or, in the absence of such direction to such persons as shall then constitute my heirs at law, as in the case of the inheritance of real property according to the laws of the State of New York.
"THIRD.
"In all respects, except as modified by this Codicil, I hereby ratify and confirm all the provisions of my said Will and Codicil."
That the testator left him surviving a daughter, Charlotte T. P. Walker, who resides at Number 142 East 37th Street, Borough of Manhattan, City and County of New York, and a son, Paul Spofford Pearsall, who is married to Martha H. Pearsall, and who both reside at Number 2135 R Street, Washington, District of Columbia.
That Letters Testamentary upon the said will and codicils were duly issued to John W. Serling and John A. Garner, the Executors and Trustees named therein, and they are now duly qualified and acting as such, and they both have an office for the regular transaction of business at No. 55 Wall St., New York City, Borough of Manhattan.
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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