James Hawxhurst

Wills

James Hawxhurst Will - Book U Page 106 & 107 - Orange County, NY

I, James Hawxhurst of Cornwall, Orange County, New York, being of sound mind and memory, do make this my last Will and Testament as follows

First - I order and direct my Executors to collect all the moneys I have out on interest and all other debts and moneys due to me and likewise to sell all my moveable estate except household furniture and apply to the proceeds thereof the payment of the legacies herein after named and also to pay all my just debts and funeral charges.

Secondly - I give to my wife Margaret all the household furniture, she brought with her to me at the time of our Marriage, and all she has bought and brought into my house since that time up to this day.

I also give and bequeath to my son William Hawxhurst the sum of one thousand five hundred dollars, and a note I hold against him for one hundred dollars.

I also give and bequeath to my son Stephen Hawxhurst the sum of three hundred dollars, and a note I hold against him for two hundred dollars amount.

I also give and bequeath to my son Charles Hawxhurst the sum of one thousand five hundred dollars, and my desk and bookcases.

I also give and bequeath to my daughter Penelope, the interest of five hundred dollars to be paid to her yearly and every year during her natural life by my executors, and all the residue and remainder of my household furniture.

I also give to the children of my daughter Elizabeth Jenner, deceased, four hundred dollars to be equally divided between them, namely William, Sarah, Mary and Phebe.

I also give to the children of my daughter Mary Atkinson, deceased, four hundred dollars to be equally divided between them, the interest may be applied yearly for thier support, and the principle paid to them when they come of age, but if they both die before they come of age, then I give the said 400 dollars to my sons, William, Stephen, and Charles Hawxhurst equally. [Transcriptionist Note: Mary's children are not named in the will but other documents recorded in Book U indicated that their names were Arbetta and Mary Atkinson and they reside in Williamsburgh, NY]

I also give and devise to my sons William, Stephen, and Charles Hawxhurst equally, the use and benefit of all my Real Estate Equally between them untill after the death of my wife Margaret, and then I order and desire my Executors to sell all my real estate, and give a title for the same and divide the money equally between my sons William, Stephen and Charles and likewise all the residue and remainder of my estate, I give and bequeath to my sons William, Stephen and Charles Hawxhurst, to be equally divided between the, thier heirs and assigns.

And lastly I do hereby authorize and appoint my sons Stephen and Charles Hawxhurst and my friend William D. Conklin, of Cornwall Executors fo this my last Will and Testament.

In witness whereof I have hereunto set my hand and seal the 21st day of May in the year of our Lord one thousand eight hundred and fifty two.

James Hawxhurst (LS)

Signed sealed published and declared by the above named 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.

Jas. M. Barrett, Cornwall, O.C., NY

William Atkinson

William H. Barrett

[Probated and Proved - At a Surrogates Court held at the Surrogate's office in Newburgh in and for the County of Orange, on the second day of November in the year one thousand eight hundred and fifty four.]

Ginny would be interested in corresponding with any one researching this family - Was this James Hawxhurst the same as the James Hawxhurst that married Sarah Powell?????? Was Margaret a Second Wife????? Does anyone have a date of birth for this James this will is for?? I have a date of birth for the James that married Sarah Powell as May 28, 1775. The children in this will, except for Mary, appear to match the children I have for James Hawxhurst and Sarah Powell. However, James and Sarah Powell Hawxhurst's daugther Elizabeth appears to have married Gilbert Mott?????? I don't know exactly when the James this will is for died but it must have been some time between May 21, 1852 and Sept. 2, 1854 which is the first date given for a document in Will Book U. If anyone can do a look up in tombstone records for Cornwall, Ulster County - It would be appreciated?