Abstracts of Wills, Vol XIV, 1786-1796
Page 236.--JARVIS ROEBUCK, New York, to my wife, Susannah Catherine, all my household goods, furniture, plate, watches, rings, linen, china, prints, pictures, books, liquors, wearing apparel, provisions, and ready cash which I shall have in or about my dwelling house at the time of my death (except bonds, notes, securities for money vouchers, or evidences of debts and money deposited for safe keeping in any or either of the Banks); to August Van Horne, New York, and Hugh Gaine, New York, printer and bookseller, two of my executors, œ40 each; all my personal estate, after the payment of my just debts and funeral charges, and the several hereinbefore given, to my wife, Augustus Van Horne, and Hugh Gaine, upon trust, that they convert into money all such part or parts thereof as shall be of a salable nature; the moneys so collected shall place out and invest in their, his, or her names all such sum or sums as shall arise from such sale or sales as aforesaid, and to be collected and received from my personal estate, when such moneys shall be received by them in and upon the Public Stock or Funds either of England or the United States or in real securities within the United States, bearing an annual interest or dividend, and shall and may alter and vary not only all such Stocks, Funds, or securities as shall be so invested, but also all such stocks, funds, or securities as I shall die possessed of; for any other stocks, funds of a similar nature, I will that my wife, Susanna Catherine, Augustus Van Horne, and Hugh Gaine, shall stand possessed of and interested in all my personal estate, and in all the stocks, funds, or securities in or upon which the same shall from time to time be invested upon the trusts and provisos hereinafter mentioned; that is, to permit my wife to receive all the interest, dividends, annual produce thereof during the term of her natural life, for her use and benefit, and after her decease, then her share or the one equal third part of the said trust moneys and of the stocks, funds, and securities for the same (the whole to be divided into three equal parts or shares) upon trust to pay and transfer the same unto and between John Clem, Mary Clem, Samuel Fingley, and Elizabeth Fingley, the grandchildren of my wife (being the children of her late son, John Clem, deceased, and of her late daughter, Susannah Fingley, also deceased), in such manner and form as my wife may desire provided the respective shares of the said John Clem, Mary Clem, Samuel Fingley, and Elizabeth Fingley, of the said trust moneys shall be divided after the death of my wife; the other third part, to pay and transfer unto and between Jarvis Pearsall and Peter Roebuck Pearsall, children of my late daughter, Catherine Pearsall, at their respective ages of twenty-one years, in equal shares; in case of the death of either under the said age without lawful issue, the share of the one so dying to go to the survivor; but in case either shall marry and have lawful issue under age and shall then die, his share shall go to his issue, or in case of his death to the issue of the surviving brother; the remaining third equal part to pay and transfer the same unto and between Jarvis Roebuck and Peter Roebuck, the sons of my late son, Peter Roebuck, deceased, at their respective ages of twenty-one years in equal shares; in case of either of their deaths under the said age without lawful issue, then the half part or share of him so dying to go to the survivor of them, but in case either of them shall marry and have lawful issue under the age of twenty-one years, then the share of the one so marrying and having lawful issue shall, upon the birth of such issue, vest and become payable, anything herein to the contrary notwithstanding; in case either of them shall marry under age and have lawful issue, and then die, and after his decease the survivor of them shall die under age without leaving or having had lawful issue, then the shares or half part of the survivor shall go to the issue of the deceased brother; in case both the said Jarvis Pearsall and Peter Roebuck Pearsall shall die under age without lawful issue, then the share or third part shall go to the said Jarvis Roebuck and Peter Roebuck; if both the said Jarvis and Peter Roebuck shall die under age and without lawful issue, then the share or third part to be paid to Jarvis Pearsall and Peter Roebuck Pearsall, provided that it may be lawful for my trustees at their discretion, after the decease of my wife, to pay and apply the interest and dividends of any of my grandchildren who may then be under age towards their maintenance and education, and also any part of the principal of any such grandchild's share towards placing them out to any Trade, Business, or profession or advancement, during their respective minorities. I empower my wife by deed, writing, or codicil, to appoint any other fit or proper person to succeed her at her decease to be a Trustee in her place, and act in conjunction with the said Augustus Van Horne and Hugh Gaine; in case of the death of either of them (Augustus Van Horne and Hugh Gaine), or desiring to be discharged or becoming incapable to act as aforesaid, my wife, if living, to appoint two other Trustees in their stead; my trustees and executors shall not be accountable to each other, nor for the acts, deeds, receipts, or payments of each other, nor for any loss or damage which may happen thereto without their respective default; each of them shall deduct and retain all such costs, charges, damages, and expenses which they may sustain by virtue of the Trusts hereby Page 249 in them reposed. I appoint my wife, Augustus Van Horne, Hugh Gaine, executors and Guardians. Dated January 4, 1793. Witnesses, P. Jay Munro, Alexander L. McDonald, Student-at-law; Patt Mahoney. Proved, February 17, 1794.