The Last Will of GEORGE W FITZGERALD
I, George W. Fitzgerald of the town of Livonia in the county of Livingston and State of New York in contemplation of the uncertainty of human life and being of sound mind do hereby make, publish and declare this my last will and testament in the manner following: to wit
FIRST: I give and bequeath to my beloved wife Ann Fitzgerald all my household goods of every name and nature for her, my said wife, to have and to hold for her own personal use and benefit forever. I also give and bequeath to my said wife, Ann Fitzgerald, her heirs and assigns forever. One hundred acres of land with the appurtenances there into belonging or in anyway appertaining, lying and being in the town of Livonia, County of Livingston and State of New York and described as follows. Beginning on the South bounds of said lot number forty-five at the South West corner of One Hundred acres of land heretofore conveyed to James Wilson it being at the distance of twenty five chains and thirty links from the South East corner of said lot, (unknown word), thence along said South bounds, (unknown word), twenty five chains and sixty four links-thence on a line parallel with the East bounds of said Lot- number forty-five, northerly, thirty five chains and seventy five links to the north bounds of said lot-thence along the same Easterly, twenty five chains and sixty four links to the north west corner of the said Wilson's one hundred acre tract- and thence along the West bounds, southerly, to the place of beginning: It being the one Hundred acres on home farm in which, I George W. Fitzgerald, now reside. I also give and bequeath to my said wife my Grey mare, Doll, two Cows, one top buggy, one open buggy, one cutter, two single harnesses, two robes and blankets: the buggies, cutter, harnesses, robes and Blankets, being those which are now in use by me and my family.
I also give and bequeath to my said wife the use in common profits Of all the real and residue of my estate both real and personal until My daughter, Grace shall attain the full age of twenty-one years. And my wife is and I do hereby so declare it - that my said wife shall receive the above bequests in lieu of dower.
SECOND: I give and bequeath to my daughter Grace Fitzgerald her heirs and assigns forever all the rest and residue of any Real estate- wherever located with the appurtenances and Hereditaments-thereunto-belonging or in any way appertaining, for her my said daughter in full possession of immediately after attaining he full age of twenty-one years.
THIRD: All the rest and residual of my personal property whatsoever and wheresoever of what nature kind or griality soever The cause may be and not herein before given and disposed of, I give And bequeath co-jointly to my said wife Ann Fitzgerald and my said daughter Grace Fitzgerald to be equally divided between them when my said daughter reaches the age of twenty-one years. And my will is and I do hereby declare it. That in consideration of the above requests to my said wife, she shall provide for support and educate my said daughter Grace until she attains the age of twenty One years as I would proved for support and educate her where I Living: and that she shall keep in good repair any real estate-Excepting loss by fire-up to the time where my said daughter-Grace shall have attained the full of twenty-one year.
But if my daughter-Grace die before attaining the full twenty one years and without leaving lawful issue then all the property both real and personal herein before bequeathed to her shall revert and go to my said wife Ann Fitzgerald.
FOURTH: I hereby commit the guardianship of my said Daughter Grace until she shall attain the age of twenty one years to my wife Ann Fitzgerald, if she shall so long live and continue to be my widow.
FIFTH: I hereby constitute and appoint my said wife Ann Fitzgerald sole executrix of this my last will and testament.
In witness whereof I hereunto set my hand and seal this 19th day of April, 1872.
G.W. Fitzgerald S.S.
Ann Appeared September 2, 1872 appeared in open court to have the will verified.
The Last Will of SARAH A (WHITNEY) FITZGERALD
Dated January 6, 1865…Will was probated March 14, 1865
In the name of God Amen I Sarah A. W. Fitzgerald of the town of Livonia, Livingston Co., State of New York of the age of twenty six-years and being of sound mind and meaning do make and publish and declare this my last will and testament in the manner following that is to say.
FIRST: I give and bequeath to my husband George W. Fitzgerald the use of seventy one and forty one hundredth acres of land-better known as the Bradner J. Blake farm-the use and profits of said farm during his natural life. In case of his death, I bequeath the said seventy-one acres and 40/100 to my children, Carry Autinette and Hattie Isabelle Fitzgerald to be divided equally at the age of twenty-one years.
SECOND: I give and devise all the rest residue and remainder of my real estate of every name and nature whatsoever to my two children Carry Autinette and Hattie Isabell to be divided equally between them share and share alike. When they shall arrive at the age of twenty-one years-excepting the use of said landed property in No. Second which I give and bequeath to my husband George W. Fitzgerald for the taking care and providing and educating of my two children Carry and Hattie until they shall arrive at the age above mentioned.
AND LASTLY- I give and bequeath all the rest residue and remainder of my personal estate, goods and chattel of what nature or kind soever to my children Carry Autinette and Hattie Isabelle excepting the sheep, horses cattle and animal of every description now on the farm are to remain on the farm or used for keeping the said farm in repair. I do hereby appoint George W. Fitzgerald my sole executor.
In witness where of I have hereunto set my hand and seal this 6th day of Jan. AD 1865. She signed with her mark, an X…Sarah A. W. Fitzgerald
The above instrument consisting of one sheet was at the date thereof signed sealed published and declared by the said Sarah A. W. Fitzgerald as for her last will and testament in presence of us who at her request and in her presence and in the presence of each other have subscribed our name as witnesses there to. Seth A Chamberlain and Chauney E. Whitney(Her father)