WILL: Phillip S. Armstrong; Cuba, Allegany co., New York
surname: Armstrong, Cross, Kirkpatrick, Loveridge, Willard

submitted by Laurel J Simon (icljs at swbell.net
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Source: sampubco.com
Allegany co NY Will Book vol. 6 page 102
Written: 2 Jun 1868
Probated: 10 Aug 1868

I, Phillip S. Armstrong, of Cuba in the county of Allegany and state of New
York being of sound mind and memory, and considering the uncertainty of this
frail and transitory life do therefore make, ordain, publish and declared this
to be my last will and testament that is to say:

First: After all my lawful debts are paid and discharged I give and bequeath
to my wife Arabella Armstrong all my household furniture beds, bedding,
cooking utensils and provisions provided for family use, all my wearing
apparel, books, pictures, and personal ornaments.

Secondly: I give and evise to my said wife the use of the undivided one half
part of twenty-five acres and forty-four one hundredths of an acre of land on
lot fifty-two in the town of Cuba, Allegany county, New York, and being the
same premises conveyed to me by John Armstrong by deed bearing date February
19th 1866 (which deed also conveys other lands) and recorded in the Allegany
County Clerk's Office in Liber 71 of Deeds at page 543 and being the peice or
parcel of land first described in said deed for and during the term of her
natural life. Also I give and devise to my said wife the use of five acres of
land situate on lot 52, in the town of Cuba aforesaid and being the same
premises lastly described in a certain deed from said John Armstrong to me
bearing date February 19th 1866 and recorded in the Allegany County Clerk's
Office in Liber 71 of Deeds at page 552 for and during the term of her natural
life.

Thirdly: I give devise and bequeath to my son John Armstrong all my right
little and interest to wit the undivided one half thereof in and to the
following described premises viz: One piece of about fifty acres on Lot 18 in
Cuba aforesaid about twenty seven & 23/100 acres on lot 27, in Cuba aforesaid,
and one other piece on lot 26 in Cuba aforesaid of about forty five acres
being the same premises conveyed to me by the said John Armstrong by deed
bearing date February 19th 1866, and recorded in the Allegany County Clerk's
office in Liber 71 of deeds at page 543, and being all of the premises
described in said deed except the piece of 25 44/100 acres firstly described
in said deed I do also give and devise to my said son John Armstrong the
undivided one half part of the following premises, viz: Five acres more or
less of land on Lot 52, in the town of Cuba being the piece of land lastly
described in a certain deed from said John S. Armstrong to me dated February
19th 1866, and recorded in the Allegany County Clerk's Office in Liber 71 of
Deeds at pate 552, subject however to a life estatet therein, hereinbefore
given and devised to my wife Arabella.

I do also give and bequeath to my said son John Armstrong all my right title,
and interest in and to the following personal property, viz: Eighty-four sheep
and span of mules black color, three cows, one plow, one drag, and other
farming utensils which said personal property is now on the farm, one half of
which is herein before given and devised to my son John Armstrong the other
half of said farm being now ownedd by my said John Armstrong.

Fourthly: I give and devise to my son William Armstrong subject to a life
estate therein of my wife Arabella hereinbefore given and devised to her the
undivided one half part of all that piece of land being 25 44/100 acres of
land more or less on lot 52 in Cuba aforesaid and being the piece of land
firstly described in a certain deed from said John Armstrong to me dated
February 19th 1866 and recorded in the Allegany County Clerk's Office in Liber
71 of deeds on page 543.

I do also give and bequeath to my said son William Armstrong of the sum of
four hundred dollas and interest from the time of my decease to be paid to my
said wife Arabella Armstrong in the manner following, viz: one hundred dollars
and interest on four hundred dollars one year after my decease, and one
hundred dollars and interest on three hundred dollars for one year tow years
after my decease, one hundred dollars and interest on two hundred dollars for
one year three years after my decease, and the remainder four years after my
decease the payment of which said sum shall be a lien and charge upon the real
estate herein before given and devised to my said son William Armstrong.

Fifthly: I give and devise to my sons John and William Armstrong all my title
and interest to wit the one undivided one half thereof in and to the premises
conveyed to me by Robert S. Armstrong and wife by deed bearing date January
30th, 1866. And recorded in the Allegany County Clerk's Office in liber 74 of
deed 158.

Sixthly: I give and devise to my daughter Maria R. Cross, now the wife of
Casper K. Cross, the use of the house and land connected thereinwith being the
same premises firstly described in a deeed from John Armstrong to me dated
February 19th 1866 and recorded in the Allegany County Clerk's office in
libert 71 of Deeds and page 552 containing one and three fourths acres more or
less and being the house and lot now occupied by Wilber F. Bement for and
during the term of her natural life and from and immediately after her death.
I give and devise such house and lot to the linial descendant or descendants
of the said Maria A. Cross if she shall leave any her surviving to be held by
him, her or them in such share as such descendant or decendants would hold the
same if the said Maria A. Cross had died inestate owning the said house and
lot. I do also will and direct that leaving any descendant her surviving, then
and in that case that the said house & lot shall descend to my other heirs in
the same manner so if I had died inestate. I do give and bequeath to my said
daughter Maria A. Cross the horse now owned by me and used by me for a saddle
horse, sorrell color, and one side or lady's saddle and bridle.

Seventhly: I give and bequeath to my daughter Joahina Kirkpatrick, now the
wife of David Kirkpatrick one thousand dollars to be paid to her by my
executors hereinafter named one year after my decease.

Eightly: I give and bequeath to my son Robert S. Armstrong the sum of twelve
hundred and fifty dollars to be paid to him by my executor hereinafter named
within one year after my decease.

Ninthly: I give and devise to my son William Armstrong subject to the life
estate therein hereinbefore given and devised to my said wife Arabella the
undivided one half part of all that piece of land containing five acres more
or less described in a deed from John Armstrong to me dated February 19th 1866
and recorded in the Allegany County Clerk's office in Liber 71 of Deeds at
page 552 and being the premises lastly described in said deed and being on Lot
52 in Cuba aforesaid.

Tenthly: I give, devise and bequeath to my said wife Arabella Armstrong all
the rest, residue, and remainder of all my estate real and personal of eveyr
name and nature wheresoever and whatsoever the same may be.

Lastly: I likewise make, constitute and appoint my said son, John Armstrong &
Robert S. Armstrong to be executors of this my last will and testament hereby
revoking all former wills by me made:

In witness whereof I have hereunto subscribe my name and affixed my seal the
second day of June in the year of our Lord one thousand eight hundred and
sixty eight.

Phillip S. x (his mark) Armstrong (L.S.)

The above instrument was subscribed by the said Phillip S. Armstrong in our
presence and acknowledged by him to each of us and he at the same time
declared the above instrument so subscribed to be his last will and testament
and we at his request have signed our names as witnesses hereto in his
presence and in thepresence of each other and written opposite our names our
respective places of residence.

E. B. Loveridge, residing at Cuba, Allegnay County, N.Y.
J. A. Willard, residing at Cuba, Allegany County, N.Y.