1860 - Leggett to Daphney Kelly - Fairfax Co, VA

1860 - Leggett to Daphney Kelly - Fairfax Co, VA

05/21/1860

6

Be it remembered that heretofore to wit on the eighth day of March in the year one thousand eight hundred and sixty William H. Macy an Executor named in the last will and testament of Aaron Leggett late of the County of New York, deceased appeared in open court before Edward C. West, Surrogate of the County of New York and made application to have the said last will and testament and codicils thereto which relates to both real and personal estate proved and on such application the Surrogate did ascertain by satisfactory evidence who were the heirs and next of kin of said deceased and their respective residences and some of them appearing to be minors having no general guardian residing in the State of New York a special Guardian was appointed in due form of law to take care of their interest in the matter of proving said will by an order duly entered for that purpose by said surrogate and said surrogate did there upon issue a Citation directed to said heirs and next of kin and special Guardian by their respective names stating their places of residence, requiring them to appear before said Surrogate at his office in the city of New York on the twenty fourth day of April then next to attend the probate of said will and afterward, to wit, on the said twenty fourth day of April satisfactory evidence by affidavit was produced and presented to said Surrogate of the service of the said citation in the mode prescribed by law and on that day no one appearing to oppose the probate of said will such proceedings were thereupon had afterward that said Surrogate took the proofs of said will hereinafter set forth and upon this twenty fifth day of April in the year one thousand eight hundred and sixty he adjudged said will and codicils thereto to be a valid will of real and personal estate, and the proofs thereof to be sufficient, which said last Will and Testament and proofs are as follows, that is to say:
In the name of God Amen, I Aaron Leggett of the City and State of New York Merchant, being in good health do make, publish and declare this to be my last will and testament, first I order and direct that my funeral and testamentary expenses and my just debts be paid as soon as conveniently can be after my decease.
Second I do hereby appoint William H. Macy, Thomas M. Pancost and William L. Jenkins, of the city of New York and the survivors and survivor of them Executors and Trustees of this my last will and testament.
Third I do give and devise unto my said Executors above named and the survivors and survivor of them all the real estate that I may die seized of, possessed of, entitled unto, either in law or equity situate and being in any part of the city of New York, and in the state of New York, also situate and being in Fairfax County State of Virginia, one parcel thereof being known as the Union Farm and the other parcel thereof being known as the Mount Zephyr Farm and formerly belonging to the late President of the United States General George Washington, also my house and lot of ground, and all my other several lots of ground situate and being in Washington in the District of Columbia, and also all other real estate belonging unto me or in which I may have any right, title or interest in Law or Equity wherever the same may be situate. And I do give and bequeath unto my Executors above named and the survivors and survivor of them all monies belonging unto me and in my house or in Bank at the time of my decease also all monies invested in Rail Road Stocks, Bank Stocks, Insurance Stocks, Public Stock of the United States or in public Stock of any of the States composing the United States, also all monies invested at interest upon Bond and Mortgage note, Bond or otherwise and all bills, claims and demands due, owing and payable and to become due, owing and payable unto me and all securities thereof and also all personal estate of whatever nature and description and wheresoever the same may be situate at the time of my decease, to have and to hold the said real estate and the said monies, stocks, bonds, mortgages, notes, debts, claims and demands and personal estate above mentioned and referred to unto my said Executors above named and the survivors and survivor of them to for and upon the following uses, trusts, interests and purposes and to and for no other use trust intent or purpose whatever, that is to say in trust in the first place to take the charge and possession of all and singular my said above mentioned real and personal estate and only of the rents arising from and out of my real estate and out of my monies and the interest and income of my said personal estate or either to pay satisfy and discharge my funeral and testamentary expenses and my just debts also to insure and keep insured the buildings and improvements upon my real estate, and to keep the same in repair and pay the taxes and assessments thereon until said real estate shall be disposed of as hereinafter mentioned and should said rents, money and income be not sufficient for such purposes to apply so much of my personal estate as may be sufficient to make up any deficiency in trust in the second place as soon as my said Executors and the survivors and survivor of them shall deem it expedient and for the interest of my estate to sell and dispose of my said Real estate or any part thereof either at private or public sale for cash or upon credit or part each when the payment thereof to be secured by bond and mortgage upon said real estate so sold or any other good and sufficient real estate and upon such sale to make, execute and deliver to the purchaser or purchasers thereof good and sufficient deeds and conveyances, therefore in law for fee simple absolute and in trust in the last place to collect in and convert into money all my said above mentioned personal estate and to divide the proceeds of all my said real and personal estate after first deducting therefrom all costs charges and expenses attending the sale of my said real estate and all other costs and charges attending the execution of this my will into four equal parts or proportions and one equal part or portion thereof to pay unto my brother Thomas H. Leggett, one other equal one fourth part or portion of the net proceeds of my said real and personal estate I do direct to be divided into four equal parts or proportions and to pay one of which unto my niece Eliza Macy, being the daughter of my sister Hannah Jenkins and the wife of the above named William H. Macy, one other of which to pay unto my nephew William L. Jenkins son of my said sister Hannah Jenkins one other of which to pay unto my nephew Sylvanus F. Jenkins son of my said sister Hannah Jenkins and the remaining other of which to invest at interest upon bond and mortgage, upon good and sufficient real estate or in the public stock of the United States or state of New York and keep the same so invested for and during the natural life of my niece Caroline I. Addy, one of the daughters of my sister Hannah Jenkins and wife of John Addy, and to apply the income arising therefrom as often as the same shall be received to the support and maintenance of my said niece Caroline Addy, for and during her natural life upon the death of my said niece Caroline I. Addy leaving issue her surviving to pay over unto such issue the money so directed to be put at interest (the interest of which is directed to be applied to her support and maintenance) if more than one issue then in equal proportions and if no issue then to pay the principal sum thereof unto her brothers William L. Jenkins and Sylvanus Jenkins and sister Eliza Macy in equal proportions one other equal one fourth part or proportion of the net proceeds of my said Real and personal estate I do direct to be divided into six equal parts or portions and to pay unto my nieces children of my sister Mary Frame, that is to say Catharine DeBaun, Maria Titus wife of William Titus, Eliza Barsall wife of Gilbert Barsall and my nephew William Frame a son of my said sister Mary Frame each one sixth part or proportion thereof also to invest at interest upon bond and mortgage upon good and sufficient real estate or in the public stock of the United States or of the state of New York one other sixth part or portion thereof and keep the same invested for and during the natural life of my Nephew Joseph L. Frame (son of my said sister Mary Frame) and also of his present wife Joanna and apply the interest arising therefrom as often as the same shall be received to the support and maintenance of my said nephew Joseph L. Frame and Joanna his wife during their natural lives. Upon the death of my said nephew Joseph L. Frame and of his said wife Joanna leaving issue begotten of them surviving then to pay over unto such issue the money so directed to be put at interest (the interest of which is directed to be applied to the support and maintenance of my said nephew Joseph L. Frame and Joanna his wife) if more than one issue in equal proportions and the remaining one sixth part or proportion thereof to invest at interest upon bond and mortgage upon good and sufficient real estate or in the public stock of the United States or of the state of New York and keep the same so invested for and during the natural life of my nephew Thomas L. Frame (son of my said sister Mary Frame) and also of his present wife Ann and to apply the interest arising therefrom as often as the same shall be received to the support and maintenance of my said nephew Thomas L. Frame and Ann his wife during their natural lives and her separate receipt shall be a sufficient discharge for all monies expended in such support and maintenance. Upon the death of my said nephew Thomas L. Frame and his said wife Ann leaving issue begotten by them surviving then to pay over unto such issue the money so directed to be put at interest (the interest of which is directed to be applied to the support and maintenance of my said nephew Thomas L. Frame and Ann his wife) if more than one issue then in equal proportions. The remaining equal one fourth part or proportion of the net proceeds of my said real and personal estate I do direct to be divided into five equal parts or proportions and to pay unto my nephew Reuben Leggett son of my brother Reuben Leggett deceased one fifth part or portion thereof, also to pay unto the children of Thomas H. Brown and Phoebe Ann his late wife my niece now deceased the daughter of my said brother Reuben Leggett deceased one fifth part or proportion thereof to be divided equally amongst said children, also to invest at interest upon bond and mortgage upon good and sufficient real estate or in the public stock of the United States or of the state of New York two fifth parts or portions thereof and to keep the same so invested for and during the natural life of my niece Mary E. Griffen the daughter of my said brother Reuben Leggett, and now wife of John Griffen and to apply the interest arising therefrom as often as the same shall be received to the support and maintenance of my said niece for and during her natural life, upon the death of my said niece Mary E. Griffen leaving issue then to divide equally between and pay over unto such issue, and also the issue of my deceased niece Esther Griffen, who was the first wife of the said John Griffen, the money so directed to be put at interest (the interest of which is directed to be applied to the support and maintenance of my said niece Mary E. Griffen) and the remaining one fifth part or portion thereof to invest at interest upon bond and mortgage upon good and sufficient real estate or in the public stock of the United States or of the State of New York, and to keep the same so invested for and during the natural life of my nephew Joseph Leggett the son of my deceased brother Reuben Leggett, and to apply the interest arising therefrom as often as the same shall be received to the support and maintenance of my said nephew Joseph L. Leggett during his natural life, and upon his decease to pay the principal sum unto my said nephew Reuben Leggett.
Fourth, should my said brother Thomas H. Leggett or any of my nephews or nieces and their issue who are to be paid any proportion of the proceeds of my real and personal estate under the provisions of this my will with the exception of my nephew Joseph L. Leggett, depart this life either before or after me and before or receiving his or her share or proportion thereof and leave issue him or her surviving, the share or proportion coming and such brother, nephew or niece, is to be paid to such issue if more than one in equal proportions, the issue of such brother, nephew or niece to take and be paid only the share or proportion his or her or their parent would have been entitled unto if living.
Fifth, All the rest and residue and remainder of my estate, real and personal I do give, devise and bequeath unto my said Brother Thomas H. Leggett and unto my sister Hannah Jenkins to have and to hold the same to them their heirs and assigns forever in equal proportions. Lastly I do hereby revoke and make absolutely null and void all former and other wills by me at any time heretofore made, declaring this to be my last will and testament. And I do direct my said Executors above named, and the survivors and survivor of them or if such of them as shall prove this my will and take upon themselves or himself the burden of the execution thereof shall be the executors and executor Trustees or Trustee for all and every of the purposes of this my will and of the several trusts above expressed and declared. In witness whereof I have hereunto set my hand and seal the Thirteenth day of March in the year of our Lord one thousand eight hundred and fifty six.
Aaron Leggett (seal)
Signed, sealed, published and declared by the Testator as and for his last Will and Testament in the presence of us who at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
Guy R. Shotwell, No. 90
West 21st St. City of New York
Jas. F. House, No. 118 McDonald
St. New York City
John Severidge, No. 5 Rutgers
Place, City of New York

Whereas I Aaron Leggett having by my last will and testament in writing hereto annexed bearing date the thirteenth day of March, one thousand eight Hundred and fifty six directed my executors named in said will to pay unto the children of Thomas H. Brown and Phoebe Ann his late wife my niece the daughter of my brother Reuben Leggett deceased, one fifth part or proportion of the one fourth part or division of estate directed by my said will to be divided into four equal parts. Now I the said Aaron Leggett in consequence of the said Thomas H. Brown having violated the confidence by me reposed in him during my absence in Europe and for other unsatisfactory reasons being desirous of altering my said Will in respect to the said provision made as aforesaid for the children of said Brown do therefore make this present writing which I will and direct to be annexed as a codicil to my said will and taken as part thereof and do hereby revoke the said legacy or bequest given to the children of said Brown and the direction given as aforesaid to my said Executors in respect to the payment unto the children of said Brown and Phoebe Ann his late wife, and I hereby direct my said Executors instead of paying the same as in said will is directed to the children of said Brown to pay the one fifth part of the said one fourth equal part to my Brother Thomas H. Leggett, his heirs Executors, Administrators or assigns and I do hereby ratify and confirm my said will in every other thing except where the same is hereby revoked as aforesaid. In witness whereof I have hereunto set my hand and seal this Thirteenth day of March one thousand eight hundred and fifty seven.
Aaron Leggett (seal)
Signed, sealed, published and declared by the said Aaron Leggett as and for a codicil to his last will and testament and to be taken as a part thereof in the presence of us who at his request in his presence & of each other have hereunto subscribed our names as witnesses. The word thirteenth written in place of the word Twenty Eighth erased before execution.
S. B. Brinsmade, Attorney at
Law 136 Livingston St. Brooklyn
Flamin B. Chandler, Law Student
No. 67 E. 38th St. New York
James M. Vorhis No. 333 West
27th Street

This Codicil to my last will and testament, witnesseth, that having purchased a slave female for life named Daphney Kelly, wife of Robinson Kelly, and both of them from Prince William County, the said Robinson being her second husband, and the said Daphney being then the mother of two young children by her first husband, I hereby order and declare my said slave Daphney Kelly to be free from and after the day of my death, and I recommend her to my Executors relatives and friends as a trustworthy and invaluable servant, and if possible that they purchase her husband, her son in law and her daughter and her grand children as worthy eventually of being made free.
I hereby order and direct my executors to notify said Daphney Kelly of her freedom and to transmit to her an efficient copy of this codicil to my Will making her free and any legal document necessary in law to establish her freedom and protect her in her lawful rights, and furthermore I order my Executors to transmit with said copy of this codicil and pay to said Daphney the sum of one hundred dollars for her use and benefit.
Mount Zephyr, Fairfax, Co., Va. Mo. 1st 1857. The words for life on the first page and fourth line were interlined by me before signing this codicil.
Aaron Leggett (seal)
Signed and sealed in presence of John A. Washington, P. Hillman Troth, William Clear.
In the matter of proving the last will and testament of Aaron Leggett, dec’d as a will of real and personal estate, &c. Examination of Witnesses, sworn and examined in the above entitled matter— County of New York, to wit—
Augustus F. Shotwell of the City of New York being duly sworn as a witness in the above entitled matter, and examined on behalf of the applicant to prove said will, says I was well acquainted with Aaron Leggett now deceased. I knew the above named decedent for ten years before his death. The subscription of the name of said decedent to the instrument now shown to me and offered for probate as his last will and testament, and bearing date the thirteenth day of March, in the year one thousand eight hundred and fifty six was made by the decedent at the city of New York, in the presence of myself, Joseph F. House and John Leveridge the other subscribing witnesses, at the time of making such subscription, the said decedent declared the said instrument so subscribed by him to be his last will and testament, and thereupon signed my name as a witness at the end of said instrument of said decedent and in his presence.
The said decedent, at the time of so executing said instrument, was upwards of the age of twenty-one years, and of sound mind, memory, and understanding and not under any restraint or in any respect incompetent to devise real estate. I also saw said Joseph F. House and John Leveridge the other attesting witnesses sign their names as witnesses at the end of said will and know that they did so at the request of said decedent and in his presence.
Sworn this 24th day of April 1860 before me Aug. F. Shotwell
Edw’d C. West
In the matter of proving the last will and testament of Aaron Leggett, deceased as a will of real and personal estate. Examination of witnesses, sworn and examined in the above entitled matter, County of New York to wit:
Josph F. House, of the City of New York, being duly sworn as a witness to the above entitled matter, and examined on behalf of the applicant to prove said will, says I was well acquainted with Aaron Leggett, now deceased, I knew the above named decedent for about five years before his death. The subscription of the name of the said decedent now shown to me and offered.
Martha the daughter of the said Daphney, and the said Mary, Sophia and George, children of said Martha, and the said child Aaron has been born since the death of the said Aaron Leggett; And whereas it is the desire of the said parties of the first part, devises and legatees under the said last will and Testament of the said Aaron Leggett, deceased, to carry out his wishes as above expressed; And whereas William H. Macy and William L. Jenkins two of the executors named in the said last Will and Testament of the said Aaron Leggett deceased, qualified as such in the probate Court for Wills, in the City and State of New York and whereas all the Executors under said Will failing to qualify as such in the Courts of Virginia, the said Francis L. Smith obtained letters of administration on said estate from the County Court of Fairfax County Virginia, in which said County the said Testator owned considerable real and personal estate at the time of his death—Now this deed witnesseth that the said parties of the first part and second part hereof (the said William H. Macy and William L. Jenkins acting individually and as Trustees under the provisions of said Will) do hereby emancipate and forever set free from slavery and servitude the said negroes Daphney Kelly, her daughter Martha, and Mary, Sophia, George and Aaron above named and the said parties of the first part, do hereby agree, to save harmless and protect the said Francis L. Smith, as administrator aforesaid in this behalf, release and discharge him, from all liability on account of his joining in this deed and do hereby authorize the Court, by or before whom Commissioner, the accounts of the said Francis L. Smith as administrator may be settled to allow him as credit therein, the appraised value of said slaves above enumerated—And the said parties of the first part hereof do hereby empower and authorize the said Francis L. Smith to do any other and further legal and proper act or acts necessary to effect the emancipation of said slaves. Witness the following signatures and seals—
Signatures of Heirs:
Maria Titus (Seal)
G. H. Pearsall (Seal)
Eliza Pearsall (Seal)
Ann R. Frame (Seal)
Joanna W. Frame (Seal)
Jos. L. Frame (Seal)
Thomas H. Leggett (Seal)
Hannah Jenkins (Seal)
Wm. H. Macy (Seal)
E. L. Macy (Seal)
Wm. L. Jenkins (Seal)
S. F. Jenkins (Seal)
Reuben Leggett (Seal)
Jos. L. Leggett (Seal)
John Addy (Seal)
Caroline I. Addy (Seal)
John Griffen (Seal)
Mary E. Griffen (Seal)
C. DeBaun (Seal)
Francis L. Smith, administrator with the will annexed of Aaron Leggett, dec'd (Seal)

State of New York, City and County of New York, to wit: I, Augustus S. Shotwell a Commissioner of deeds for the city and county aforesaid, in the State of New York, do certify that Hannah Jenkins, William H. Macy, William L. Jenkins, Sylvanus F. Jenkins, Maria Titus, Joseph L. Frame, Reuben Leggett and Joseph L. Leggett, whose names are signed to the writing hereto annexed, bearing date on the twenty-third day of October 1859 have acknowledged the same before me in my County aforesaid. Given under my hand this thirteenth day of November 1860.
Aug. S. Shotwell, Com. of deeds
State of New York, City and County of New York, to wit: I, Augustus S. Shotwell a Commissioner of deeds for the City and County aforesaid in the State of New York, do certify that Eliza Macy, Joanna Frame the wives of William H. Macy, Joseph L. Frame, whose names are signed to the writing hereto annexed bearing date on the twenty third day of October 1859 personally appeared before me... and being examined by me privily and apart from their husbands, and having the writing aforesaid fully explained to them the said Eliza Macy, Joanna Frame acknowledged the said writing to be their act and deed.
Given under my hand this thirteenth day of November 1860. Aug. S. Shotwell, Com. of deeds
[p.290]
At a County Court held for the County of Fairfax May 21st 1860. This authenticated copy of the last will and testament of Aaron Leggett dec’d with two codicils and the certificate of the proof thereof where this day presented to the Court by Francis S. Smith, and it appearing thereby that the said will and codicils were proved in the surrogates court for the County of New York and State of New York to have been executed so as to be a valid will of personably and of lands in the State by the laws thereof, the same are admitted to probate as a will of personably and of real estate, and ordered to be recorded.
Teste, Alfred Moss CC

WB Z:276

Last Will & Testament