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Note: 7th day of April, 1849, the said Elizabeth Leggett, wife of the said Testator Samuel Leggett, and devisee in and by his said will, departed this life having first duly made and published her last will and testament, bearing date the 19th of May, 1847, and a codicil thereto bearing date the 14th day of April, 1849, in the words and figures following to wit:
KNOW ALL MEN BY THESE PRESENTS, That I, ELIZABETH LEGGETT of the town of Flushing, County of Queens, widow of the late Samuel Leggett, do make, publish and declare my Last Will and Testament as follows:
Imprimis: I give, devise and bequeath all the estate both real and personal of which I may die seized or possessed in any manner to and among my children in the manner and for the purposes and trusts hereinafter mentioned.
Item: The one equal and undivided sixth part of all my real and personal estate of every kind and description, I give and bequeath to my son William F. Leggett and to his heirs and assigns forever.
Item: One other equal undivided sixth part of all my real and personal estate of every kind and description, I give, devise and bequeath to my son Samuel Leggett and to his heirs and assigns forever.
Item: As it relates to the other four parts of all my real and personal estate of every kind and description, I give, devise and bequeath the same in trust for my daughters for life, as hereinafter expressed, meant and intended to my Executors William F. Leggett, Samuel Leggett and William H. Schermerhorn, as joint Trustees under this my Will, that is to say: That they my said Executors and Trustees take and hold the same as follows:
Item: The one equal undivided sixth part to my said Executors and Trustees to have and to hold and to pay or apply the rents, issues, profits, interest and income there of as the same shall be received by them my said Executors and Trustees to my daughter Mary E. Corse (the wife of Barney Corse) during her natural life, and from and after the death of my said daughter Mary E. Corse, I give and bequeath the principal of the said undivided sixth part of my estate, so given to her for life to and among my other children, share and share alike and if any one or more of my said other children should be deceased, at the death of my said daughter Mary E. Corse, leaving a child or children, such child or children shall take the part, portion or share to which their parent if living would have taken under this my Will, and I give and devise the same to them, accordingly forever.
Item: One other undivided sixth part of my estate of every kind and description, I give, devise and bequeath to the before named Executors and Trustees, In Trust to pay or apply the same to the use of my daughter Charlotte F. Schermerhorn (the wife of William H. Schermerhorn) the rents, issues, profits, interest and income of the said undivided sixth part for and during her natural life, and from and after her death, I give, devise and bequeath the same (that is the principal as it then may be) to her right heirs at Law, as if she were a feme sole forever.
Item: One other undivided sixth part of my estate of every kind and description, I give, devise and bequeath to the before named Executors and Trustees, in Trust to pay or apply the same to the use of my daughter Martha Cox (the wife of Benjamin Cox) the rents, issues, profits, interest and income of the said undivided sixth part for and during her natural life, and from and after her death, I give, devise and bequeath the same that is the principal (as it then may be) to her right heirs at Law, as if she were a feme sole forever.
Item: The remaining undivided sixth part of my estate, of every kind and description, I give, devise and bequeath to the before named Executors and Trustees, In Trust to pay or apply the same to the use and benefit of my daughter Rebecca F. Leggett the rents, issues, profits, interest and income of the said one undivided sixth part for and during her natural life, and from and after her death, I give, devise and bequeath the same, that is the principal (as it then may be), to her right heirs at Law, as if she died a feme sole forever.
Item: My Executor will consult the interest of the legatees in separating the parts of my said daughters, or unite them as one trust, as may be found to be most convenient and safe for all concerned.
Item: I will and declare that my said daughters may enjoy their income from my estate during their respective lives, in the manner herein set forth, meant and intended, and that they, my Executors and Trustees, have full power to vest the money due and coming to them in stocks, or on Bond secured by Mortgage, as shall appear to them safe and productive investments; and that the powers, trusts and authority herein and hereby given and granted, shall be vested in such of my Executors as shall take upon themselves the execution of this my Will, and to whom letters testamentary, shall or may be granted, and the survivors or survivor of them, and further that my said Executors or Trustees, may pay or apply the income to my said daughters respectively, or to their written order and without their husbands' concurrence or consent, and further declare that the interest and income and all the estate of my said daughters respectively, and each of them, shall, in no manner, be liable to the debts, liabilities or contracts of their respective husbands, but stand and remain their own and separate estate, notwithstanding their coverture. If I should die seized of any Real Estate, I authorize and empower my Executors herein named, to sell and dispose of the same, and to give good and sufficient conveyances therefore, whenever necessary.
And Lastly, I do nominate, constitute and appoint my two sons, William F. Leggett and Samuel Legget, and my son-in-law, William H. Schermerhorn, Executors of, and Trustees under this my will.
In Witness Whereof, I have to these presents set my hand and seal, this nineteenth day of May, one thousand eight hundred and forty-seven.
ELIZABETH LEGGETT. [L. S.]
Signed by the said Elizabeth Leggett, the above named Testatrix, at the end hereof and by her sealed, executed, published, acknowledged and declared as and for her last Will and Testament, in the presence of us, who, in her presence and at her request, and in the presence of each other, have hereto severally subscribed our respective names as subscribing witnesses, writing opposite our several signatures, our respective places of residence, the day and year lastly above written.
MORRIS M. DAVIDSON, residing in 23d Street, in the city of New York.
SILVANUS MILLER, residing at No. 29 Clinton Place, New York City.
CODICIL:
KNOW ALL MEN BY THESE PRESENTS, That I the within named Eliza Leggett, do hereby make, publish and declare this my codicil to the within Will.
I revoke that part of my Will wherein I give, devise and bequeath the one equal undivided sixth part of my real and personal estate to my son William F. Leggett, and declare the same to be void and of no effect. And I do hereby give devise and bequeath the said one equal undivided sixth par of my real and personal Estate to the children and right heirs at law of my said son William forever.
And further I do nominate, constitute and appoint my daughter Rebecca F. Leggett, Executrix, and Trustee of my Will and of this my Codicil thereto, in as full and ample a manner and with the same powers and trusts as if she my said daughter had been so nominated and appointed in my Will.
In Witness whereof, I have hereunto set my hand and seal to this Codicil on this fourteenth day of April, in the year of our Lord, one thousand eight hundred and forty-nine.
ELIZA LEGGETT. [L. S.]
Signed, Sealed and delivered by the Testatrix, as a Codicil to her Will after she had signed the same, and we subscribe the same as Witnesses at her request, and in her presence.
GEORGE YOULE, residing at 2 Amity Place,
SILVANUS MILLER AT No. 2 Amity Place,
New York.
8. The plaintiff further alleges that the said last will and testament of the said testatrix Elizabeth Leggett and codicil thereto were duly proved before the said Surrogate of the County of Queens, in the State of New York, and duly admitted to probate by said Surrogate on the 16th day of May, 1849, and letters testamentary thereupon were duly issued by the Surrogate of said County unto Rebecca F. Leggett, and Samuel Leggett, two of the executors named in said will who thereupon duly qualified as such executors, and entered upon the discharge of the duties of their said office, and that the said will and Codicil were duly recorded in the office of the said Surrogate of the County of Queens, in Liber 1 of Personal Wills, at page 443.
9. The plaintiff further alleges that Charlotte F. Leggett, the daughter of said Samuel Leggett and Elizabeth Leggett, his wife, intermarried with Wm. H. Schermerhorn, and that Martha Leggett, another daughter of said Samuel and Elizabeth Leggett, intermarried with Benjamin Cox, and that Rebecca F. Leggett, the other daughter, intermarried with Thomas S. Willets; and that at the time of the said partition suit hereinafter mentioned, the lawful children of said William F. Leggett mentioned in the said will of his mother, the said Elizabeth Leggett, were Caroline H. Leggett, Elizabeth H. Leggett, William F. Leggett, Jr., Sarah H. Leggett and Louisa Leggett, but the plaintiff alleges that at the time of the decease of the said testatrix Elizabeth Leggett, the said William F. Leggett had eight children, three of whom had died under age intestate and without issue.
From pp. 22-28 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.
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<b>Elizabeth <i>Powell</i> Leggett
</b>Birth unknown
Death 17 Apr 1849 New York, USA
Burial Quaker Meeting House Cemetery Flushing, Queens County, New York, USA
Memorial ID 41869765
Note: 7. The plaintiff further alleges that thereafter and on or about the 1
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