New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-07-07
VIII OF THE LA7.E JOHN WALTON.
TIE wu ~ tho late Jobr Walton, who was muir
der.d in Eighteenth street last SATURDAY hsh'' WIS
offered for probate on Thursday.

THE WILL.
In the name of God Amen I, John walton, OF
The city, county, and State Of New '.lotk oerng o.
sound mind and memory and consde wing the uneer-
tainty of this fra and tran STORY lf, 90 therefore,
make, o,dain, publish and declare this 70 oe my st
| VIII and Testament. ~
That ia to cav fret give bequeath and devise all
my personal and real estate, of what natu " or KIND
sOeyer to my brother " iam Timothy Wall on OF The
| City of New York and my friends Job l. gag ana
| San uel Il. Allen of the same place, my executors
h. renafter nominated and appointed, in trust tor the
payment Of nv just debts and the egacies and Gges
upon the ssd estate hereinafter specified, to be held
and possessed by them for the purpose Aforesaid ,or
ard during the natural life of my daughter MfxJ
Walton aid for and during the natural life of my
daughter Bannsh Eliza Walton botn of the citt
of New York; and from and after their decease and
tie de- cease Of each of them, give oequeath and de-
wise nv sd estate to their children, failing issue, TO
Il cir heirs at law And do hereby order AID direct
that during the continuance OF sad trust as Aforesaid
there thsll be annually paid out of the net income aud
profits thereof the sum Of seven hundred dollars to
nv rreseIt wife Ellen NJ. Walton In lieu Of all DOVER
and rl hit Of dover in and TO my said estate and do
further oroer and direct that there shall be paid out OF
DE psd income and profits of the said trust estate to my
mother Sarah Wston, and her assigns during the
tenn Of Der natural life annuity or clear yearly
rent Of the sum Of ak hundred dollars, tree OF all
taxes and other deduction. And do further order
and direct that there shal be paid out OF my said es
tate unto ny salesman, Matthew kehoe, the sum OF
three housad dollars, and that the rest residne and
r. auder Of the said income and profits, after de-
ducrpg the reirom all charges and necessary expenses
incurred and such compensation and commission AZ my
ed xpt u,ors nav be lawfully entitled 10 in conslder
ion Of the services rend red BY them IN discharge OF
this trust shall lie divided equally between my said
81 idr' n Mary Walton and Hannah Eliza Walton, and
shs by NV sad executors be appropriated during the
liz ory ~ ny said ch ldren TO their support and edu
cation and hat any and all surplus shall be invested
in bones and mortgages on real estte, Tor the dement,
e nv said children ard their heirs.
Ard DO hereby further order AID direct that all my
rere,nal prop, ry Of wha nature or kind sceyer not
her.usfer specifically devised shs be sold as soon al
n ay re aher my decrease and burial and that moneys
pay aet o. D just debs, and any and all just ana
l. gsI cams agsinst ny estate, aud that the sur
Clus sbouid there be any, ball be invested 10 bonds
bo NOR osp-s "a real estae in the city OF New York.
tn be held by them in trust for the benefit Of my said
corep and their children or heirs ataw AZ hereinbe
fore speoed but should there not be sufficient realised
from The les Of ny said personal property to pay all
nv Just g. BITS and all just claims against my estate
T. en- nv executors may in their discretion eel go much
o. nv real may be necessary for that purpose
II heir o my desire after having made provision for
tie payment Of al my debts and al Just claims agapst
nv tsa O. and after having made what, in my Jndg-
uet il ample provision for the support OF my preseIt
wife Ellen NJ. Walton, by whom have no children,
spd slso after having made ample provision Tor the
tLproI Of nv mother Sarah Walton, curing her ma
,pisl life and after having provided for the payment
t. Matthew Kehoe of the sun of $1,000 as herenbefore
lroyjdtd that all the rest, residue and remainder, OF
any estates real and persona shat be held 10 trust oy
ano Samuel b. Allen. hereinafter nominated ana APP
rotied for the sole benefit Of my aforesaid children,
ra-y Wslion and Hannah Eliza Walton, aud that
thew LbaH share equally in the benefits and profits
airing from said trust estates, and after their death
4 al the said estates shall descend to their children as
bsrtl fore provided and being desrous that there
shall he no litigation other difficulty in the settle
n int e nv estate uDder this WILL therefore further
order End direct. that should ny wife, Ellen NJ Wal
tan not consent 10 receive the annual sum herelnoe-
fore provided 10 be paid 70 her, in lieu OF all
oJ,t ~ in md fO
| estate then my sid executors shall make such
oib.r Just and equitable settlement with my
sid wife "a. may by them De deemed eXpedient, or as
their counsel may advire. and do hereby give ana
orani unto the SAID William Timothy alton, JOB
Long and Samuel Il. Allen, my executors hereinafter
pcmiT aed and appointed, full power ana authority 70
eel 20 much Of ms real estate and 10 make such dispo-
stn of any or al of my estate may be Necessary to
cary out fully al the provisions herelubetore made ana
70 execute the trust hereinbefore mentioned giving ana
grazing them full power and authority TO sell such
res estate either AT public auction by private con-
tract st suth time and place or times and places ana
sutiect to such stpuaons relating to the title or to the
IA, mt Of the purchase money part OF which may De
allow ed remain mortgage OF the estate SOLO lot
a,y reasonable time any other matters connected
III IA. sale as SAID executors shall Judge exredi'
,ut OF or their counsel shall advise; and also win
power Tor my said executors 70 hA reserved oiuuhs
and twin in of such real estate or part or parcel
thereof at auction 70 Iesond vary any eontract
or contracts for sale without being liable for any con-
seou. ntis Ices and also 10 execute such nyes
A.
/ su,h Fales.
| Jalsr emrower my said executors to give receipts
for AL one IS and effects 10 be paid and Delivered 10
tb "a by virtue Of my WILL AND declare that suen Ie-
seis thsn exone ate the person taking the same IRON
an liability TO ere 10 The Application or disposition OF
lie m,ney or effects therein mentioned al-c EN-
DOW er them TO compound or clio" Tune iot Tue pay
Mt Of .py d. bi or debts due 10 become due to my
estate 10 nav all debts due from according 70 their
| l. Ual priority and to settle all demands against my
&C. ate and all manner Of accounts between me ana
spy reraon or PERSONS such terms as my executor
or txecut, shall in their OF his discretion THINK eX
ditni and refer any matter IN difference relating 10
| n afiails 70 arbitration.
| h,d hereby d. cla g that If any said executors or
spy Of them or any psrs persons &c DC appointed
"a. der this canse shall die or be unwilling or ecmPe
tent 60 execute the nust OF my VIII, snail De iawIu
for the conf surviving executor LOT the liue
I.irr vheber retiring from the Office Of executor or
OF 80 srt stitute by any writing under their or MS
hand or bands any iii person or persons TO DC trustees
or llstet in whom trust estate sha pe vested anu
| Iezempt every executor and trustt my VIII from
latiIi,y for lcsets occurring withonsvuis own wul
defsult ard authorize him TO retain, ano also MS e1-
efufrs and truft tees Necu'ors ana corus'ees
All xp.psts Incidental TO eXecDtorshlp and uGsteeshP
leo hereby oispose of and commit the tuition and
| u,tury If NV children. Mary Walton and Hannah
| EIza Walton during their minority TO my mother,
Sarah alton but il che shall die during the sngle lie
nj ntl age of either or bo'h Of my etnd chiiurep
Lteby dstose q and commit their tuition and CUSTODY
10 eS ecr ORE hereinafter nominated and ap pointed
| AID ls,,ly | do hereby nominate and appoint nv
brotler William Timothv WALTON, and my friends job
Log Al SAMUEL Is. Allen TO he the executors oil this
nv ssi will aud testament, hereby reyoking hnd an
nun nR au, will OF wills heretofore executed by me-
In iness .hrrrof have heruse set my hand THIS twenty
eighth day Of april one thousand eight AuId,sn S HfTos
Subscribed by John Walton the testator named IN
Il foregoing will in our presence and at the ume Oh
making Fucb subscription declared by the testator TO
b. bis last will and testament, and each OF US sgns s
a wxral afh a