The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-25
THE THORNDIKE WILL.
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Curioas WITH Of Boston Mlllionairc-His Re.
sentiment Against his Daughter and
Dxughter.ln.Law for their Dis0-
bedienee In Marriage.

The following is full copy Of the last will and tesa
ment Of Augustus Thorndke OF Boston, part of which
appeared 10 the HERALD Of Thursday last Mr. ThorudSe
died recently the fremont House. the city before
mentioned and the will has been offered for probate
the county Of Suffolk.
INTRODUCTORY CLAUSE.
The last will aud testament of Augustus Thorndke, OF
Boston, in the Commonwealth Of MISUNDERSTANDING
men
this be my last will and samen intending that the
shall operate upol and dispose OF all real as well as
personal estate that may hereafter acquire and all other
property whatsoever whereof may die seized or pos
sessed.
PROVISION FOR THE WIDOW.
First. After pay ing my just debts, 10 give my wife
Henrietta the Of eight thousand dollars year. 10 be
paid TO her in equal quarterly nstanenis OF two thou
sand dollars each IN every car from the day OF m! az.
cease, long as she shall remain my widow; and said
annual sum to be free and clear OF all taxes Insurance.
charges and expenses whatsoever ncdcnt 10 the tast
hereinafter created and to be subject 10 no deduction or
abatement from any cause so long my estate shat be
sufficient therefor; and not to cease during her hfe
cept in the event OF second marriages. breach OF tho
express conditions hereinafter set forth.
Second intending when favorable opportunity shall
offer to purchase mansion house in Boston suitable for
the residence Ct myse wife during remag days
and that the shall be fol the use Of my wife after
my decesse. during her midowhood so long as may be
agreeable 10 her TO live therein and 10 observe the
dous Of tbs WILL devise such said mansion house II
shall execute my SAID intention 10 the persons hereinafter
named OF this will, their heirs and assigns
the survivors and The last survivor o. the and their
and his heirs and assigns trust TO permit my sad vile
q whenever
may elect so 10 do while she remains my widow and OBJ
serves the conditions Of this will my sad trustees paying
81 my estate all taxes premiums nzurance and need
iu repairs and other charges whatsoever thereon And
give 10 my said trustees rover 70 sell and cOnvey such
mansion house discharged q al trusts, and without la
bihv the purchaser TO 10 the Application Of the
ce1ds my wife connecting ia suot sale, made during
tho Continuance Of her estate in sad maLspn houFc.
and Give them rover also IL lease tbe same FOR her
benefit aud collect the and profits thereof,
and pay them 70 my said wife, whatsoever she
may request them 50 70 oo-ms inten:so1 being that
ha FrEn 10 ~ .F ef1appn
time time she may prefer, with liberty 10 return
her said mansion hoGs, whatsoever she may elect
that the should De sold aud another house purchased
iof Per whenever she 0tsucs y ny pefhaeh' clse.
where Ana II should not, in ny lifetime, execute my
present intention of purchasing mansion house ID Dos
ton for tne residence Of myself aud family hFebs at
thoZe and III, Get executors and trustees 70 purchase,
for the Ct my wife during hor wfowhoot such house
they shall judge 10 bs susbc ior her residence aud
shall ind 10 be entirely agreeable to her. erhcr To Boston
in any other city or place where she may elect to re
eide the ~ he conveyed T. c, their heirs
assigns aud survivors, and the last survivor. and
their his heirs assigns, upon the trusts Of ts
will and thereafter permitting ny said wife 10 uso and
occupy the same, the limitations aforesaid, with
Ike poaef Of selling and leasing above expressed
concerning my mansion house ina may purchase in my
lifetime.
And should it SO happen that at my decease should
dwelling houses IN Boston elsewhere,
suitable for my wes residence, and she should elcet
either a. them her house IN such authorize
direct executors ART uetocs 70 assign 70 her tor
her during her ~idowbocd such u them she
may prefer permitting her thereafter 70 use asd occupy
the under the limitations aore fad with ike powers
soevcr my said wife shall surrender The trustees her
life hercs, IN any horse that may have rccn purchased
fer her, or assigned to her usc or whatsoever such
house sln be sold and convc! 81, with her consent,
ana size shall express, IA writing, her desire 70 have
other house, or 10 i've permanently IN some
other place hereby authorize and direct my executors
and trustees. often This may happen II they shall
deem expeden 10 prepare and appropriate the proceeds
az the house 20 sold or such sum a. they may think
suitable of any other trnst funds II Their
hands, for the purchase OF such other house as
my wife may prefer, wherever the same may be stu
at.I ntfttp hn.f and
like powers OF selling and leasing aforesaid 20 onc
my said wife shall live and rengn my widow, Gud OBJ
serve tie conditions Of this will aud my said
and trustees may make such purchases and sales from
time 20 time Tor the purpose Aforesaid, whenever and
often they shall deem advisable T. do, consulting
my said wes wishes IN that respect but not being bound
to conform absolutely thereto, when they shall deem
such change 70 be Injurious to the Interests q cesai
qrie trusts Aud whatsoever house shah, the time
being be appropriated TO the use Of my wife my exccu
tors and trustees arc 10 keep The same in repair 70 pay
all taxes other charges thereon so that my SAID wife
shall not be put 10 any expense on TINT account lay in
tenion being that house, suitable fcr her residence,
shall always be provided for her, in such place as sire
may choose so long she remains my widow, and oh.
serves the conditions Of this VIII.
Thirdly. give TO my said wfc, for her zee, an
my household furniture whercsocvcr siultci and all
movcabes that may be- IN any house that may
or occupy at my deccasc excepting my library, pic
particularly dsposei of. And ! further authorize TO
dect my executors and trustees TO purchase from time
time OF INV estate, such and additional farni-
ture may be suitable for any house in which my wfe
may live and 10 allow her 20 the same. also give
",
furniture which may my dccease and rI should
then be possessed Of carriage and horses suitable for
my wife use, hereby authorize and direct my
tors purchase for her any which she may choose
A TO my plate, pictures and porcelan-ncuding that
which bought IN Paris, a, the sale 81 King Louis
Philippe effects direct that my wife shall have the
or the any part thereof which she may chooc
posscss, during her widowhood well the Of the
furniture be provided for her by my and
trustees and whatsoever o tho said chaiie she
choose RETAIN and aso after her DEATH whatsoever
she shall have retained and used In her lie tine shall
Ie Xptu m limo
Stewart, Charles, and Henrietta Augusta As 10 my
give them equally to be divided between my sad
wife and my said three children such 81 my said chill.
and my said wife shall be living at my dcccase.
AZ my library which has cost large sum bu' could
not probably lie sold without great sacrifice, give the
same TO my two sors, equally between them but having
strong desire that II should be retained and kept TO
gsshe, oy ooe ., my sons nsrsoy reSomrna ha, NE
lair value az which II could he sold, and that my said
sons should they both survive me shall DECIDE either ny
agreement by lot which Of them shall tak" u NJ
half Of such appraised value, paying the ike 10 hs
brother But IL one OF my only shall survive me- in
that give the said library 10 HIM And IN either
case earnestly request that IL may not 10 cold
divided, except under the most urgent necessity also
give 20 uy said wife the usc of my new IN Trinity church
in Boston, directing my executors and trustees % pay al
taxes thereon, and also To- sell the and purchase
for her pew elsewhere, whatsoever she shall de
sire H.
The several rrov above made for the bcncn, Of
my wife 20 he in lien of any right o. dover, other
claims whatsoever upon the estate or property which
may leave a my decease and are al subject 70 TIC con
dions hereinafter expressed.
FOURTH give u Hannah starr, a. amGk 81 my alec
tomato regard for her long and faithful service In my
family, the 81 ono hundred snd City dollars q be
ad 10 her equal quarterly payments from the day Of
my dcceasc each and every year during Der We.
CUTTING OFF THE DIsoBrDrESr CHILD.
Tfth give my daughter Rcbccca, the wife &c
" e. Marin, the ~ -four hundred dollars year TO
be paid 20 her IN person. urOn her separate order
receipt equal quarterly pay mcuts Of hundred dol
ars each from The day 0f my dcccasc said order
ccpt TO be IN writing, and by r subscribed IN tho pre-
OF witness witnesses attcsug the same, and
be u Witnessed by the said VI Marin,
any future hus band "a the sad Ecbccca and the said
payment 20 be free from all control interference Of the
sad Marin of any future husband " tho said Rchccca,
aud WAYS subject 10 his debts. And whereas my
said daughter Rcbecca eopcd and married the ad Marin
not only without my consents bot contrary 70 my express
niuncons aud under circumstances OF great deception,
and after full notice from OF the consequences OF such
step, declared IN this VIII, my intention that
part Of my estate beyond The said amount % four hun
dred dollars Ycar shall 10 any event. 20 u my said