This is a Message Board Post that is gatewayed to this mailing list. Surnames: Potter, English, Cook, Barker, Classification: Will Message Board URL: http://boards.ancestry.com/mbexec/msg/rw/RRB.2ACE/6178 Message Board Post: Will of William Potter, signed Sept. 11, 1872, proved Dec. 27, 1897 In the name of God, Amen. I William Potter of the town of Leon in the County of Cattaraugus and State of New York, of the age of sixty three years and being of sound mind and memory do make, publish, and declare this my last will and testament in manner follwoing, that is to say: First - I give and bequeath to my wife, Busheba Potter all my household furniture of every kind, nature, and description, and I also give and bequeath to my said wife one third of all my personal estate that I may have or own at the time of my decease and the bequests hereintofore made to my said wife shall be to her and to her heirs and assigns forever. Second - I give and bequeath all the rest, residue, and remainder of my personal estate that I may have or own at the time of my decease after all my just debts shall have been paid and discharged and after my funeral expenses shall have been paid, to my children hereinafter named: Butler Potter, Mary Jane Barker, Allen Potter, George Potter, Melissa Cook, Mercy English, Silas Potter, Peter Potter, each of my said children to share and share alike in the same, the share of the said Allen Potter and the said George Potter therein to be subject to the conditions hereinafter named. Third - I give and devise to my said wife the use of one third of all my real estate that I may own at the time of my decease and the bequest and devise above named to my said wife shall be in lieu of dower and my said wife shall be entitled to the rents use and profits of the said one third of my real estate during the term of her natural life. Fourth - I give and bequeath to my said children in fee all my real estate of which I may die seized? the same to rest absolutely in them at my decease subject only to the interest of my said wife therein as above stated, each of my children to share and share alike in the same, but the interest of the said Allen Potter and the said George Potter therein shall be subject to the conditions hereinafter stated. Fifth - The said George Potter is the owner of two promissory notes given by the said Allen Potter as follows. One note dated July 30th 1871 for four hundred and ten dollars and eighty eight cents payable to the said George Potter or bearer and payable on demand, and one other noted dated August 3d 1872 for Sixty four dollars and ninety four cents given to me by the said Allen Potter and due ten months from the date of said note. If said noted shall both be due and unpaid to said George or to his heirs at the time of my decease or any part of the principal or interest on said notes shall remain so due and unpaid, or if the said notes or either of them shall become due thereafter and remain unpaid, then I give and bequeath to the said George from what otherwise would be the interest of the said Allen Potter in my said personal estate enough to pay to him the full amount due on said notes or either of them, and the interest of the said Allen in my personal estate shall be dimninshed in the amount sufficient to pay the entire notes, and in case there shall not be enough of the interst of the said Allen in my personal estate to pay said notes, then I give and devise to the said George an interest in my said real estate in excess of what he and his brothers and sisters herein before named would each otherwise have received, sufficient to pay any amount remaining as due and unpaid on said notes, or either of them and the interest of my said son Allen Potter in my said real estate shall be diminished in an amount sufficient to pay the same and in case there should be a partition of my said real estate and division of the same among my said children and at the time of said partition and division the said notes should remain unpaid, then there shall be set apart to the said George by the commissioners who shall make such partition and from that part of my farm which shall be just in their discretion a sufficient amount of land at seventy dollars per acre to pay said notes and the same shall be set apart from the land which would belong to the said Allen in case the said notes were paid and the share of the said Allen shall be diminished accordingly. Sixth - I give bequeath and devise to my said children all the rest residue and remainder of all my estate real or personal estate of every kind, nature, or description each to share and share alike in the same and I ask and expect of each and all of my children whom I now and ever shall hold in kindly remembrance that the disposition I have made of my real and personal estate may be fairly and justly carried out without trouble or differences one with another. Seventh - And lastly I do hereby constitute and appoint my said son Butler Potter and my son in law Oscar English executors of this my last will and testament hereby revoking all former wills by me made. In witness where of I have hereunto set my hand and seal this eleventh day of September in the year one thousand eight hundred and seventy two. Wm Potter The foregoing instrument consisting of two sheets was at the day of the date thereof signed,sealed, published, and declared by the said William Potter as and for his last will and testament in our presence and we at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto. W.S. Thrasher, residing at Dayton, New York William Brand, residing at Dayton, New York