The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-25
NEW YORK HERALD, SATURDAY, DECEMBER p 1858

all OF my said nicces, equally among them in equal
degTee and the share Of deceased parents 10 plss by
representation 10 their chi.drea; and default o.
suca issue by either Of my said nieces tho said prncpa
shall 90 disposed of hereinafter directed concerning
my residuary estate after the particular esace5 and spc
cial requests shall have been satisfied.
Forrlhy. They shall retain and set apart another fund
OF thirty Thousand dollars, 70 be held and manase in ike
during the life Of my sister Anna Lorug the ne,
income thereof TO be paid 70 her. hat deceas they
sta pay over the principal sum 10 and among her agEu
issue IN like manner aforesaid sad in defaalt q such
issue, they shall dispose OF tue same hereinafter di
reced concerning my fesiduary estate.
tfthy They shall retain and Set apart another fdnd o.
ten thousand DO lars, TO be held ant managed as ore
said during the life of my nephew, Augustus IhornGNe,
OF my deceased brother Edward, paying over the
net income thereon 70 HIM, and at his dsieas9 tney
shall pay the principal TO MS lawful issue. ~ the man
ner and IN default thereof they sna dispose VI
the Is hereinafter directed concerning my reslu
airy estate.
sx'hly They shall nay over 70 each Of ne children Of
my deceased brother Charles and 70 each q tie chdfan
of my late sister Elizabeth wife o. koenezer Francis,
the sum OF dive hundred dollars, % purchase whatever
they may respectively choose as memen'o Of me--and
give them no more, only IN Consideration Of their being
otherwise amply provided FOR.
BLqtYEsr TO HAIRY ARD COLLEGE.
Seventhly They snail pay over to the President aud
Fellows OF Harvard College the of twenty Thousand
dollars, TO establish proessosslip OF Music, - be
aged according TO the statutes Of The University Oxford,
respecting such proiessogsp, Nith sach modification
the faculty Harvard College shall .hnK needul for the
adaptation Of thu same To the crca vi sad
cge bat on condition. that they sla confer the degree u
Doctor Of Music IN proper cases after tho manner used
and practlsud Ut oxford.
NOMINATION. or 4 REsiDUAay LEG ATEE NOT or the
FAMILY.
All the foregoing legaces and beguests annuiies aud
trusts, founded upon the contingency aforesaid be
paid and provided for oGt Of ny estate by my sad
tees er the decease of the survivor Of my
said children o,hcr than the said Rebecca) and Of their
issue, my said trustees shall ndge be consistent with
the security and due payment OF the aanucs and other
charges upon the income OF the trust property in their
hands, ana they all upon the condition, far as
have the power TO aunex the sane that the said e1atees,
annuant and benehclrics shal give part Of The
sum SO dSsea and esqseaheI TO ne % for their oeae-
NJ, or any part OF the income thereof or any other pro-
lefy Whatsoever 10 for the benei Of my said daUgh
ter Rsbeeea, her hu band Issue ID donation beqaest
or otherwise; and tnon the breach CT SAID condition,
whatsoever is above given for the benefit Of the per
defeating the Intention o. this Will, is hereby re
voset and g'sen over 70 my rcsitnary egatee.
WHAT Is TO BE DONE IL He DECLINES.
lighthly. All the foregoing trusts, egaces and be-
qucsts beng urst satisfied, hereby nominate the said
Augustus Tnonaise perkns Ia be the resdusy egatee Of
III, will, and give iel ae and beieah him and his
heirs, in The of the aecease an OF my children
except The said Rcbecca OF their ISSUE all the residue
Of my estate real and personal which shalt come be
IN TIE hands OF executors at after The
happening OF the contingency aioe sad but make the
ala devise and eeGncst upon the express condition FOL
loving, namely, lst, that the said Augustus shall take
anu thereafter bear he surname Of ihorndAe m lieu Of the
surname Of Perkins; ID he shah promise writing
as gentleman, to his co executors herein naned, the
vivors or Survivor ii them, that nc Will no. give be
qgeah any sum OF money other property whatsoever
70 or for the benefit Of my san Laughter ~.
bccca. or her husband, present or fatur0, or her
Issue; and II the said Augustus shall decline to
receive The said rcsluary bcqpest upon the con.
dltons aforesaid or shan not be living Il the hanp,nlpr
81 the upou WHICH such residuery hc9u ormed
then hereby order and direct that half Of my said
rcsuary state shall be distributed racabiy for the
crease y al the particular cgacies, annu.ies and
herein created and ouaneS upon the said eonngnc Of
Tho death 81 ~ my children Except the sad Rebecca
AMI d their issue, that eacn o. the said particular
gaccs aLnucs and special trust funds may be proper
tonaiy mcleasc., for the benefit proor,iOnay of the
respective lcgifees annuIts benciciarcs; and
otcr haf Of my rcsduary estate give, devise and be
af
harvard college, 10 be applied either 10 general pur
poses oi tie College, or 10 tue promotion 81 tho scientific
school Connected thercg iii, Ia such other
purposc connected Wit the foundation ~ sud college
a. my executors and trustees shall IN their discretion dc
tcrn.ae
But regard 10 AT the foregoing dcVses boqucsts and
dispositions 1T property ard income tins Mill ned
y y fciter condition tnat ~hcnsoeyT ny Signature
thereto, IA the presence q The requisite nBl0cr 81 Attest
~ Witnesses, shall have been duly proved before tho
JNaec u lrceate having luf scson thereof all dcyi
sees egtscs and persons emitted - the beneficial OF
any property income herein devised OF he'd 40
shall Thereafter further disptc the validity VI this
meat oppose any csher ground OF any other pre-
tnce The probate tacrep ny last will AMI tst lniclt,
% Otherwise attempt - SIT asGU, .nngl dciat pre-
vent ts allowance Or tho operation 81 rs provisions
oordins y their icgal cert, shah thereby forfeit whaso
ever property, Income and right y dspos ION or enjoy
mont they mg1t Otherwise have been respectively
1'.a y I'LL aug provision hcrein oooeiinsi dusins
taeF respective hyes p IKE mau0er AMI 70 the
extent ~ above prOy lded concern ng
81 money or other property 60 my said daughter Re
betca, and whatsoever property, income. right .! dsn0
ston OF enjoyment would have o,hcrw9a accrued q
o. become vested ~ any person opposing Ia pro.
bette Of this vii, or dispahg tue vaaity thcrlf, ~.
tempting q SCI aside, annu rdclCa, prevent L. allow
aEcu, he operation ~ provisions aerJfA- their
legal Ell riS The same property, income, right ~ dsp03.
uol or Cnloymtat 4 ~ such and immcd atcy u,na
tie happeung Of The sad cveut given n no ~ IN
net enttlca thereto, according % The Limitations herein
,ontued, the aud GO IN inc -xteut -
= above provided NJ tao ~ donation Ills dtlgter
Eeseeca, WITH the Ike exception q favor O. Lter-boga
issue
lsuy. ! hereby nominate aud appoint VIM Howard
Gardner, Vim. Amory, nathaniel lnsN Oh BpNdtch,
Samuel Turner Dana and Augustus ThornAk rersn ali
Boston, Aas tclseits Elutres, o. b. ihs ~
this w, and trustees under the same hereby exempt ms
theni rom tie giving OF 0ouds ar have power -
h. do, and providing tat Tue SAID executors and Trustees
ka Ia event be nnswerabe the for the ether bat
each only Tor his receipts. dcfanns, acts, ana ons
In the execution oi ,.s w! and discharge OF the
trusts herein erected.
and declare This TO Do my last win and tcs, an nj,
vitten wholly upon sheets OF paper secured 10
gcthsr. each uf which j. autncut I,cd by my SIGNATURE
thereto. Bit iof auy cause tbs instrument should fl
T. &c proved cs'ab shed my last will and testament.
then desire and declare 3at the making ~ the -imo
shall not bc considered revocation of my fcrmer will
made dated Boston the aflh day If September
tbc year eighteen hundred aud aoy three, az ether
81 the several cyics thereto, whether mac At Paris
Boston which sad fumer viii and eodicilz have hafc
tnioTc been dcpscd of safe koypng the fuesfy vi
Probate FIR The ,nuntyoi suffolk
In testimony whereof have hcrcunto "a my hsnt 49,
ea in ihc lresgnce the subscribing incs,s, ~ 50
,-tur ibis cuts. fourth iav Of Seusemhcr u The rEr
~ our Lord eighteen hundred and Lny-eght
isl AUGUSTUS 1HURNniKE
SEncc, scaled, published aud declared by M sga
Augustus Thlrniikc. and for his last vii ani trtl-
ment before the suisse bers vino al bis rcge Ard
hereto e. the aitcsing witnesses thereof
Here follows notice Q. some ntcrlnes;ons made bcorc
signing
I'VE omi, the names Of Witnesses.