MRS. ANN E. JONES. UTICA, ONEIDA COUNTY, NEW YORK.
I, Ann E. Jones of the City of Utica, New York, wife of Thomas S. Jones, being of sound mind and memory and being desirous of making a testamentary disposition of all my property and estate, do hereby revoke all former Wills by me at any time made or executed, and I do make, publish and declare this instrument to be my last Will and Testament.First : I do give and bequeath unto my husband Thomas S. Jones all my property, share and interest in and to all monies which are or may be on deposit in the Savings Bank of Utica, at the time of my death, either in my name or in the Joint names of myself and my said husband.
Second : I do hereby give unto my Niece Maria Ella Jones, wife of Robert B. Jones of Utica, the sum of two hundred dollars to be paid to her within one year from my death, which I will my husband Thomas S. Jones to pay, and I do charge the payment of said sum upon my house and lot in which I now reside, on the Easterly side of Hart Street in the city of Utica, and which house and lot was conveyed to me by Susan E. Bowen by deed dated January 4th, 1882, and which deed was recorded in the office of the Clerk of Oneida County in Book of Deeds No 409, page 465.
Third : I do give and bequeath all of my personal clothing and wardrobe unto my sister Mary Jones and to my Niece the said Maria E. Jones to be equally divided between them as they may agree; and in case either of them shall die before I do then I do give the same unto the survivor of them.
Fourth : I do give and devise unto my said husband Thomas S. Jones the use of my said house and lot for and during the term of his natural life; subject to the payment by him of said two hundred dollars at the end of one year from my death to my said Niece Maria Ella Jones, and the payment of which sum I have hereinafter charged upon my said house and lot.
Fifth : The bequest of said two hundred dollars to the said Maria Ella Jones is made by me in consideration of her care and attention to me during my illness and on condition that she makes no other or further claim against my estate.
Sixth : In case my said husband shall by misfortune or otherwise, lose his property and become in needy circumstances, he shall be at liberty to apply to the Supreme Court of this state, by petition, for leave to sell and dispose of said house and lot and upon showing to said Court that he is in such house and lot for his comfortable support and maintenance, the said Court is authorized by order to direct the sale of said house and lot, by such person as the Court may appoint and then and in that event I do authorize and empower the person so appointed to sell and convey said house and lot at public or private sale, giving and granting a good and perfect title thereto unto the purchaser thereof, and I will and direct thet the proceeds of such sale shall remain in the hands of the person so appointed to pass said title in trust, to use and apply the same and the income thereof, or so much thereof as may be necessary for the comfortable support and maintenance of my said husband during his life.
Seventh : In case my said house and lot shall not be sold during the lifetime of my said husband, as hereinbefore provided then and in that event I do will and devise the said house and lot unto my said Niece Maria Ella Jones on the death of my said husband, on condition that she pays unto my Nephew William Edward Jones of New York City the sum of five hundred dollars to be paid one year after the death of my said husband, and which sum of five hundred dollars I do Will and bequeath unto the said William Edward Jones, and I do charge the payment of the same upon my said house and lot; but in the event that said house and lot shall be sold and disposed of before the death of my said husband as hereinbefore provided, then it is my will and I do direct that all that shall remain unexpended of the proceeds of the sale of said house and lot, at the death of my husband shall be divided equally between my said Niece Maria Ella Jones and my said Nephew William Edward Jones and in case of the death of them or either of them previous to the death of my husband, then the share or portion of the one so dying, or if both are then dead, shall go to his or her surviving child or children, who shall be living at my decease, and in case of the death of either my said Niece or Nephew without any such surviving child or children, the share of the one so dying shall go to the other of them if living and if not living, then to his or her surviving child or children who shall be living at my death.
Lastly : I do hereby will, devise and bequeath all other property which I shall own at the time of my death, real and personal, unto my said husband Thomas S. Jones, and I nominate and appoint my said husband to be the Executor of this my last Will and Testament.
In witness whereof I have hereunto set my hand and seal this 23rd day of March 1883.
Signed Ann E. Jones.
The above Instrument was on this 23rd day of March 1883 signed, sealed, published and declared by Ann E. Jones, the testatrix therein named as, for and to be her last Will and Testament, and we in her sight and presence and in the sight and presence of each other, have, at her request, signed our names and places of residence hereto as attesting witnesses.
A. C. Miller Utica New York.
Chas B. Tofft.