The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-08-24
The VIII OF the Late Colonel Herman
Thorn.

TAOrHs
Tho following 10 the will Of the late COL Thorn, which
has been offered for probate in the surrogses Court
citation being returnabs on the 26th Of September
In the name Of God, amen. /, Herman Thorn, OF the
city, county aud State Of New York, being OF sound and
disposDg mind, memory and understanding, hereby
vokirg al former wills and testamen instruments In
the nature thereof, by at any time made, do make
publish and declare this my last will and testament In
manper following
Second-I give ana bequeath 10 my beloved wife, Jane
Mary Thorn, all and singular my household goods ana
furniture books paintings, prints statzy jewels linens
wines, liquors. provisions and stores Of every
kind for family use, also my horses, carriages,
cattle, and the harness, hay and provepder, and
ether grain for their use and all the cash or ready money
in my dwelling house which may be in my possession at
the time Of DEATH 10 have and to hold the my
ssid wife, her executors administrators and assigns for
ever
Third II give bequeath and devise unto my beloved
wife Jane Mary thorns during her natural e the use
OF all aod singular my gold and silver plate and plated
ware, and all the estate real persona OF WHICH may
ole seiZeu or possessed or in way emitted to;
hereby declare provision is in lieu of ner
COVER and al, other Claim by ner on my estate
Fourth Il hereby constitute and appoint my sad wife
the guar persons and estates of my children
Eltn and loa during taer minority
Fifth Some Il nv cbi dfeD having received under 'be
last will ana testament Of William Jauncey decreased
larger amounts than others, ana some Of my children
having received rom me- had secured TO them large
suma VI money on their marriages, and 1t being my 10
enton ana desire that my cnicren, Mary de varsgpe
Jane de Pierre, Ace de FerIussac Ellen Ida and
sn eugene sna, share my p,Spery subject to the he
share ~lth the amount received by secured or ps
questbed to her or him respectively, under said 'ast
charging the share OF each cno has enA b.
married. with the by or secured to him
OF per oy me In mA'rsge settlement; and my daughter
Angelina Depau snd my d. ceased Jauaes Jau0cey
having received or become entitled TO receive by said
will sno testament Of William Jsupcey deco ased larg.
amounts. masking ample provision for them, do there
fore bequeaih devise Tor by this my will auy
tbiDg TO SAID Angelina the children OF said Jamer
JsHbrey dtceased.
sixth- No,wi,bs'a noing the life estate herein before
given my wife, do hereby give, bequeatn and Dc
wise, grspt and convey ali the real personal OF
which may be seized or possessed In any way entitled
10, except euch portion thereof as is given aud be
queathed absolutely to my sAd wife o. the section
OF this will unto my said execu'rix executors
beYen before PANIED, Of them qua and
the survivor Of nem to bAve and hold the same AMI
every part thereof in trust, ke bold aud invest the
Tor the PURPOSES OF this my WILL upon trus,
during the be Of my said wife, collect aud receive toe
come, rents and pronts thereof and after dedoctiae
bereout all the necessary incidental expenses current
cbarges to apply the clear Let residue dung
life Of my said wife to Der use. And upon iurthe,
trust upon the death Of my sad wife 10 divide my
into many shares shalt be equal the number of my
AFORESAID cndrep-Mary De Be- aigne, Jane De Pierre
Alice D. Feueeac, Eugene Thorn, Ellen Ida Thorn who
may a that time be living or who rha have previously
died. leaving itsue living ut the time OF division; and
in making such ctvson my said estate, direct that
my SAID trustees shall charge each of my sad children
above named, such Of them aha then living or
may have died leaving issue who shall then be living With
the amount received by or bequeahed him under
said last will OF William Jauncey deceased
and with the amount received by him or her, o.
secured 10 him or her Dy In marriage
settlement; go that " the grces amount bequea,heo
TO said children by said last will and testament William
Jauncey, deceased ana the amounts given to
my SAID daughters their marriages then part o.
my estate snd included in such division, said chldreo
would share my whole property in equal proportions
share and share alike.
i do hereby give, bequeaih and devise the several
shares of my allotted Aforesaid my
children, TO be enjoyed held and owned by them IS
hereha after stated.
And upon the further trust after the death of nv said
wife, upon such division aforesaid being made TO
transfer, pay over, grant and convey unto my son
Eugene, should be At that time be living, absolutely
forever the share Of all my property allotted aforesaid
to bim and in my said Eugene shall have died
before such division and distribution shall be made leav
ing last will and testament duly executed then raus
fer pay grant ana convey the to such person
or PERSONS and in such shares proportions he may
have directed in apo by bis said last will and testament
and In said son Eugene shall at the time Of such
division be dead intestase leaving lawful issue
viving, then to transfer, pay over grant and
sad ,on Eugene would be entitled living, to such issue
tenants common snare, and share ake and
my laid Eugene shall be dead at the time OF such
division and distributor ntestae and without issue then
to my right heirs and mex: Of Kin.
And upon the further trust, upon the death of my said
wife, i ether OF my said dsughers Mary De va.sene,
Jane de Pierre, Alice de Ferussac Ellen and Ida Thorn
shall have died previous such division being made,
leaving last will and Testament or instrument thereof
hereinafter mentioned then to transfer pay
over grant and convey absolutely forever share
OF my estate to which such child would be eutted
leaving unto such person or persons and In such sharee
and proportions as che may have BY such will,
srument under her hand and sea In the presence Of
subscribing Witnesses, oroered, mlted and ap
pointed, and which instrument do hereby authorize
empower each Of my sad daughters to make and
at any time, whether married or single, and to alter,
woke and reexecute the same at her own free will and
Pleasure ano In either OF my said daughters shall
the time OF such division and distribution he dead
inesste and without having exercised the sa'd power
Of appointing, and leaving 'ssue surviving her,
then To aneer over grant and convey the share Of
my estate which each child dead would be entitled
living, to ruch issue ne continues common, share
share alike forever and In said child shall
have no issue, and shall net have sed the said
power Of appointment then TO my right heirs and Of
bin
And upon the further trust upon the death of my said
wife, apo after such division and distribution afore
10 nvest the sbsre Of eetate to which my daugh
ter Mary dc VaraiRpe ell be entitled II living, In such
and such securities hereinafter FORTH
collect and recelve the interest," ipcome divdends
other proceeds resu ting thereom and after deduct
ing thereout all current charges and expenses IL Apply
the to the sole and separate Of my said daughter
durpg her paural life, whether married, free
pendent OF the control, deeds and engagements OF any
husband which she may any time have.
- upon tho further trust, upon the death Of my esd
Daughter Mary de varaepe pay over transfer over
convey absolutely ana forever her share portion OF
my estate, the income OF which she shall receive during
her natural fe to such person persons and in
proportions shares by instrument executed
under Der band ZEAL n the presence or more
subscribing witnesses, and In the nature Of last Will
testament, order limit and appoint and which instrument
90 hereby author re and empower her 70 make and
cute At time during her natural e
che may be under the disability Of coverture; also
alter revoke and reexecute the at her free will
and pleasure; and should my daughter die without
having executed the said Of appointment then
tusees neren Damed or the survivor Of the shal pay
over and dstr butte her share portion Of my estate to
ano among her heirs at la~ next OF kin.
And upon the further trust, upon the death Of said
wife, after such division and distribution as
Aforesaid, to invest the ehare OF nv eatase 10