Nathaniel Treadway of Massachusetts     Estate Records

Jonathan Treadway Will
22 Nov 1849
Donated by Randy Treadway

Jefferson Co., New York

     I Jonathan Treadway or Rutland in the County of Jefferson and state of Ne York aged seventy six years being de___ to discharge the duty which every man owes to his family by making such provision for the distribution of his property as he may deem just and equitable and being of sound mind and memory do make publish and declare this my last Will and testament as follows:

First I direct and Will that all my just and legal debts and funeral charges be paid by my executor here in after named

Second I give and bequeath unto my son Benjamin who is now about forty nine years of age and in case of his death before my decease to his heirs the sum of one hundred and twenty four Dollars and twelve cents which shall be paid by my executor here in after named at the expiration of one year after my decease.  And I hereby remit unto him the same Benjamin and discharge him and his legal representatives from the payment of as much of the principal money of any advances made by me to the said Benjamin previous to the date of this my last Will and from the payment of so much of the principal money of all notes accounts and demands I have or hold against him on account of or for said advances as that the sum of above bequeathed to the said Benjamin and the amount above released to him shall amount to one thousand dollars leaving any balance of such notes accounts & demands to be paid to my executor herein after named with interest on such balance  only.

Third I give and bequeath unto my son Christopher Treadway the sum of one hundred and twelve dollars and eighteen cents and in case of his decease before my death then to his heirs be paid by my executor hereinafter named at the expiration of one year after my decease.  And I hearby remit unto the said Christopher and discharge him and his legal representatives from the payment of so much of the principal money of any advances made by me to said Christopher previous to the date of this my last Will and from the payment of so much of the principal money of all notes accounts and demands I have or hold against him on account of or for said advances as that the said sum above bequeathed to said Christopher and the amount above released to him shall together amount to one thousand dollars, leaving any balance of principal money of all such notes accounts and demands to be paid to my executor hereinafter named with interest on such balance only.

Fourth I give and bequeath unto my son William P. Treadway the sum of two hundred and sixty six dollars and 41 cents and in case of his death before my decease, then to his heirs to be paid by my executor hereinafter named at the expiration of one year after my decease.  And I hereby remit unto the said William and discharge him and his legal representatives from the payment of so much of the principal money of any advances made by me to the said William previous to the date of this my last Will and from the payment of so much of the principal money of all notes accounts and demands I have on hold against him on account of on for said advances as the said sum and the amount above released to him shall together amount to one thousand dollars leaving any balance of the principal monies of all such notes accounts and demands to be paid to my executor hereinafter named with interest on such balance only.

Fifth I give and bequeath to my son Moses Treadway one hundred and forty four dollars, and in case of his death from my decease then to his heirs to be paid by my executor hereinafter named at the expiration of one year.  And I hereby remit unto the said Moses and discharge him and his legal representatives from the payment of so much of the principal money of any advances made by me to the said Moses previous to the date of this my last Will and from the payment of so much of the principal money of all notes accounts I have on hold against him on account or for the said advances as that the said sum above bequeathed to the said William and the amount above released to him shall together amount to one thousand dollars leaving any balance of the principal moneys of all such notes accounts and demands to be paid to my executor with interest on such balance only.

Sixth I give and bequeath unto my daughter Susannah who is now intermarried with Salmon S. Stephens (Solomon S. Stevens) the sum of two hundred dollars to be paid unto her at the expiration of one year after my decease by my executor hereinafter named and in case of her death before my decease then to her heirs, which amount is to be over and above her setting out at the time of her marriage aforesaid but which said legacy or gift to my daughter is not to effect or impair any dealings or demands deeds or covenants between her said husband and myself.

Seventh I give and bequeath unto my daughter Sally Marie and in case of her death before my decease to her heirs, the sum of two hundred dollars to be paid by my executor hereinafter named at the expiration of one year after my decease and also setting out when she shall get married and she shall den__ct equal to the advance or setting out made to my daughter Susannah which said setting out not to exceed in value of one hundred and fifty dollars is to be furnished and paid her by my son Jonathan Franklin Treadway and the said setting out is hereby expressly made an heir on premises (?) hereinafter next divided to the said Jonathan Franklin Treadway.

Eighth I give and desire all the real estate and real property of which I shall be ____ and entitled to devise at the time of my death to my son Jonathan Franklin Treadway commonly known and called Franklin Treadway in fee subject to the setting out to my daughter Sally Marie as aforesaid and which my said son Jonathan to finish and pay.

Ninth I give and bequeath unto my son Jonathan F. Treadway in addition to the above devise him all the stock horses cattle sheep swine fowls waggons (sp) carriages harnesses and farming tools and utensils and hay given crops gathered growing of every kind and description of which I may be possessed or entitled to give and bequeath at the time of my decease.

Tenth In case I shall after the date hereof making any advances to either of my said children and take his or her obligation for the same such obligation or the amount thereof without interest I direct shall be deducted from the legacy herein bequeathed or given to such child by this my last Will.

Eleventh I give devise and bequeath all interest and residue and remainder of my estate and effects real and personal not therein otherwise deponent of (after payment of my debts funeral expenses and legacies) to my children Benjamin Treadway Christopher Treadway William P. Treadway Moses Treadway Susannah Stevens and Sally Marie Treadway to be equally divided between them share and share alike.

Lastly I do hereby nominate constitute and appoint my friend Asa Clark of Rutland Jefferson County, sole executor of this my last Will and testament with full power and directions to carry out the provisions of the same hereby revoking all former Wills by me made.

In witness whereof I have hereto set my hand and seal this twenty second day of November one thousand eight hundred and forty nine.

Jonathan Treadway L.L.

The above instrument consisting of three sheets was signed sealed and declared by the testator Jonathan Treadway to be his last Will and testament in the presence of us who at the request in his presence and in the presence of each other have subscribed our names as witnesses on the day it bear date.  The word “against” on first page interlined before execution.

Robert Lansing of Watertown, Jeff Co.
D. Huntington of Watertown, Jeff Co.