Joel Bragg WILL submitted by Lori Brandon, June 12, 2001
Note: Unadilla is in Otsego County, just across the Town of Sidney border. Some of the text was not legible so I put X's where there was a word I couldn't read. --Lori
In the name of God. Amen.
I Joel Bragg of the town of Unadilla in the county of Otsego and State of New York being of sound and disposing mind and memory, do make, publish and declare this my last will and testament(hereby revoking all former wills by me made) in xxxxxxx following that is to said:
First - I give, grant, bequeathe, devise and convey to Fredrick A. Sands of Unadilla, as Trustee and Trust-Executor of this my last will and testament all of the personal and real property of which I may die seized whether situated in this estate or elsewhere, and as well all notes, bonds, mortgages, stocks in Corporations, debts., chores in action and securities of every kind and description, which I may own or profit or be entitled to at the time of my decease; to have and to hold the same unto the said Frederick A. Sands as such trustee and Trust-Executor for Trust to be by him used, applied, appropriated, disposed of, extended and paid out as hereinafter specified and directed for the purpose and use and benefit Of the legalese hereinafter mentioned, and I do hereby direct and fully authorize and empower my said Trustee and Trust Executor to sell, convey, leave, let, rent and dispose of all the personal and real estate of which I may die seized, as soon after my decease as he conveniently can, without determent or injury to my estate, but entirely at his discretion, and convert the same into money and the avails and proceeds thereof pay, invest, apply and appropriate as below directed.
Second. I hereby direct my said Trustee and Trust-Executor from the funds of my estate in his hands or from the rent, issues and profits thereof to pay over to my beloved wife Margarette, the sum of Three Hundred and Fifty Dollars each and every year she may survive me. The first of which Three Hundred and Fifty Dollars shall be paid ninety days from the day of my decease and annually thereafter so long as she may live to receive the same, which said annual sum of Three Hundred and Fifty Dollars. I hereby grant, give, and bequeath to my said wife Margaret, to be accepted and received by her in lieu of her dower or right of dower in my estate·
Third. After providing for or paying the annuity named in the last clause to my Wife Margaret, and the payment of my funeral expenses and just-debts. I hereby direct my said Trustee and Trust-Executor to divide the residue of my estate into four equal parts and to pay the same over as below directed·
Fourth. I hereby give and be bequeath to my son Edward S. Bragg one of the four equal parts of my estate, as directed to be divided by article Third of this instrument trust for the use and benefit of my grandchildren Kate B. Bragg, William K. Bragg, Margarette Bragg and Bertha Bragg, and the survivor or survivors of them, with full power to invest and reinvest the same in such securities real or personal as he may deem most conducive to the interests of the Certuique-Trust, accumulating the rents, issues and profits therefrom and investing the same in like manner until the said certerique-trust becomes of age respectively, upon the happening of which event this trust shall cease and be determined as to the certuique-trusts becoming of age, and the equal proportions of the trust-estate with the accumulations thereon, to which such certuique trust shall be entitled, shall be paid to him or her.
Fifth. I hereby give and bequeth to my son Frederick A. Bragg his heirs and assigns forever one of the equal four parts of my estate, as directed to be divided in article third of this instrument.
Sixth. I hereby give and bequethe to my said Trustee and Trust Executor Frederick A. Sands one of the equal four parts of my estate as directed to be divided by article third of this instrument in trust for the use and benefit of my grand child Mary M. Griffith, with full power to invest the same and the rents, issues, and profits arising therefrom in such manner and in such securities as the said trustee shall deem most conducive to the interests of his cestuique trust provided that this trust shall cease and be determined at the majority of the said cestuique trust and the said trustee shall then pay over to her the residue if the trust property remaining in his hands and it is further provided as a power under this trust that upon the death of Robert Griffith, father of said Mary M. Griffith, in case such death should occur during the non age of the said Mary M. then in that case the said trustee may devote so much of the rents, issues and profits of the fund and of the trust fund itself as may seem to him proper and necessary for the support maintenance and education of said Mary M. Griffith. And it is further provided upon the decease of the said certuique trust, should the same occur during her non-age that this Trust shall cease and be determined and the estate or residue thereof with the rents, issues and profits thereon as shall remain unexpended in the hands of the trustee shall be by him distributed and paid equally to Frederick A. Bragg his heirs and assigns and to Edward S. Bragg, as Trustee for his children as aforesaid, to be held by him upon like conditions and trust and for the use and benefit of the same certiuque trusts as in the bequest numbered four of this instrument set forth as described.
Seventh. I hereby give and bequeth to Johnson B. Bragg one of the equal four parts of my estate as directed to be divided by article Third of this instrument. In trust for the use and benefit of my grandchild Alice Bragg, with full power to invest the same with the rents, issues and profits thereof in such securities real or personal as to the trustee may seem for the best interest of the cestuique trust, provided that this trust shall cease and be determined upon the arrival at full age of the said cestuique trustwhen this said trustee shall pay and account to the said cestiuque trust for the property when divised and the rents, issues and profits accumulated thereon. But in case of the death of the said cestiuque trust during her non-age then this trust shall be determined and the said Trustee shall thereon distribute equally this trust property and the rents, issues and profits thereof between Frederick A. Bragg, his heirs and assigns and to Edward S. Bragg as such trustee as aforesaid to be held by him upon like conditions and trust and for the use and benefits of the same certuique trust as in the bequest of number four of this instrument setforth and described.
Eighth. I leave all of the foregoing bequests and trusts from the injurious operation of the estate prohibiting the xxxxxxxx of the alienation of estates for a longer period of time than two lives now in being it is hereby made one of the conditions of all and each of said trusts and bequests that at the decease of Kate C. Bragg, and the decease of William K. Bragg, and the decease of the survivor of them, all and each of said trusts and bequests be absolutely paid over and distributed by my said trustee as the estate provides and regulates anything contained in this my said last will and testament to the contrary notwithstanding.
Ninth. I hereby authorize and empower my said Trustee and Trust-Executor to fulfill all my legal contracts for the purchase and sales of real estate, executing and delivering deeds to the purchaser or purchasers when he or they shall have paid and fulfilled the conditions required by the contracts to be performed by him or them so that he or they will be entitled to such deed.
In witness whereof I have hereunto set my hand and seal this 28 day of July 1868.
Joel Bragg (L.S.)
The foregoing instrument consisting of six pages was at the date thereof, signed, sealed, published and declared, by the Testator Joel Bragg, as and for his last Will and Testament, in presence of no, who, at his request - and in his presence and in the presence of each other have subscribed our names as attesting witness thereto.
W. C. Gregory, Unadilla, Otsego Co, NY
L.L. Woodruff, Unadill, Otsego Co. NY