The last Will and testament of Robert Stickland of the town of Lyndon in the County of Cattaraugus—
I Robert Stickland considering the uncertainty of this mortal life and being of sound mind and memory do make and publish this my last will and testament in manner and form following—that is to say—
First—I hereby constitute and appoint my wife Elizabeth Stickland— Executrix and my son Robert and John Wise of the town of Cuba in the county of Allegany—Executors of this my last will and testament—
Second—I hereby give and grant to my aforesaid Executrix and Executors all my Estate real and personal to have and to hold the same to them and to the survivor or survivors of them for and until my youngest child shall attain to and become of the age of twenty one years— and in trust to apply and appropriate the [ ] property and income of the same for the support and maintainance of my said wife and such of my children as may be under the age of twenty one years— each of my said children as they shall severally attain to that age to receive no further support from my said estate except as herein after provided—
Third—When my youngest child shall attain to and become of the age of twenty one years— then the Estate and interest created in the second clause of this my last will and testament shall cease and determine and I then give and devise my said estate both real and personal to be divided and distributed as follows—to wit one third thereof to my wife Elizabeth and the remaining two thirds thereof to be distributed amongst my children as follows—to wit—I give to each of my children except my daughter Hannah Otto an equal share of the said two thirds of my said estate so remaining— and to my said daughter Hannah Otto a share thereof equal to two thirds as much as either of my other children receive—any amount of money or property that may have been or may be advanced to any of my said children to be deducted out of his or her share and shall be reckoned against him or her as so much towards his or her share
Fourth—In case my said wife shall not live until my said youngest child shall attain to the age of twenty one years then and in such case: when my said child shall so attain to that age—then I give and bequeath the share of my said Estate before granted to her to be distributed amongst my children with & in the same proportions and shares as the rest of my estate—and in case either of my said children shall die before the time aforesaid and shall leave no heirs of their body then his or her share shall be distributed in like proportions and with the rest of my Estate—but in case of either of them so dying shall leave any heirs of his or her body then such heirs shall take the same share their parent or parents would take if living
Fifth—I will that all my just debts be paid out of my Estate—
In witness whereof I have hereunto set my hand and seal this twentyeth day of July in the Year One Thousand Eight hundred and Thirty nine—
The above instrument consisting of one sheet was now here subscribed by Robert Strickland the testator in the presence of each of us—and was at the same time declared by him to be his last will and testament – and we at his request sign our names thereto as attesting witnesses
July 20th 1839—
Pardon T Jewell residing in Franklinville
John Wise residing in Franklinville
Chas M. Leuth residing in Franklinville
Cattaraugus County SS: Silas P. Otto being duly sworn says that Robert Strickland died in the town of Cuba, Allegany County, in the State of New York, in the month of February A.D. 1841 at the dwelling house of his wife Elizabeth Strickland, that he died of Consumption after being sick about two years, that he left a widow, Elizabeth Strickland, who resides in the town of Cuba, Allegany County and State of New York, and six children viz: Hannah Otto, wife of Silas P. Otto, both of whom reside in the town of Lyndon, County of Cattaraugus and State of New York, Tilden Strickland who resides in the town of Cuba, County of Allegany and State of New York, Edwin Strickland, Rosana Strickland, Margaret F. Strickland, and Eliza Ann Strickland, all of whom reside with this deponent, in the town of Lyndon, County of Cattaraugus, and State of New York all of the above named children are minors under 21 years age with the exception of Hannah Otto all of whom are heirs of said deceased and the only ones known of to this deponent.
That the said Robert Strickland died leaving an Instrument in writing purporting to be his last will and Testament, divesting Real Estate and bequeathing personal property in which John Wise, Robert Strickland Jr. are named as Executors and Elizabeth Strickland named as Executrix thereof and further that the said Robert Strickland deceased, at the time of his death was an inhabitant of the town of Lyndon County and State aforesaid.
Subscribed & Sworn
This 21st day of July
A.D. 1841 Before me S. P. Otto
Robert H. Thankland, Surrogate
To the Surrogate of the Court of Cattaraugus
The undersigned would respectfully represent that Robert Strickland died in the town of Cuba, County of Allegany, that he was a resident of Lyndon, County of Cattaraugus, that he left a certain Instrument in writing purporting to be his last will and Testament, in which Hannah Otto, the wife of your Petitioner is named as a Legatee,
Your Petitioner would further represent that Robert Strickland Jr. one of the Executors named in said will has died since the Execution of said will, and that Elizabeth Strickland, Executrix also named in said will refuses to act as such Executrix and John Wise, another Executor named in said will refuses to act as such Executor. Your Petitioner would therefore request that Letters of Administration, with the will of the said Robert Strickland deceased annexed, be granted him in the right of his wife.
Dated Dec. 30, 1841 S. P. Otto
Cattaraugus County S.S.
Silas P. Otto being duly sworn says that the facts set forth in the above Petition are in all respects substantially true and correct.
Subscribed & Sworn S. P. Otto
the 30th of Dec. 1841
Robert H. Thankland Surrogate
Cattaraugus County S.S.
Silas P. Otto being duly sworn says that Robert Strickland died in the month of February last past at the dwelling house of his wife while there on a visit in the town of Cuba, Allegany County, State of New York. That the said deceased at the time of his death was an Inhabitant of the town of Lyndon, in the County of Cattaraugus, that the said deceased left an Instrument in writing purporting to be his last will and Testament—That the said deceased left Goods, chattels and credits within this State the value of which according to the best information and belief of this deponent, amounts to about the Sum of Two hundred Dollars and does not exceed that sum. That this deponent is a Citizen of the United States and of the full age of twenty one years.
Subscribed & Sworn
this 30th Day of Dec. A. D. 1841 S. P. Otto
Robt H. Thankland, Surrogate