The New York herald., 1876-08-01
WILLIAM T. GARNER'S WILL

THE DOCUMENT OFFERED FOR PROBATE YES
TxRDAY-PRovIsIoNs MADE BIZ DECEASED
foR HIS FAMIy-TExT OF THE NsTRU-
MRNT
The will of the late William T. Garner, who, with bis
wife, brother-in-aw, Frost Thorne and Miss Hunter,
perished in the yacht Mohawk or Staten Island, on
the afternoon OF Thursday, July 90, was yesterday
offered for probate in the Surrogates Court In this city,
The will made April s. 1871. Its executors are
Messrs Samuel W. Johnson, OF Wrapping Falls; John
L. Lawrence OF New York: william E. Thorne, OF Co.
hoes and James f. Thorue, OF New York By its
terms it provided that during the lifetime OF his
wife, had She survived him. she should receive the
sum OF $40 900 net per annum, to be paid in equal
monthly payments upon her individual receipt free
from any abatement or reduction whatever. The will
also directed of the tesators death the
business should be carried on under the OF Gar
Co by the for and during the lifetime
OF Mrs Garner and his daughter Florence, using the
profits for the support OF his wife and children. HIS
residences In New York and Staten Island, TO-
getner with the furniture, pictures. carriages and
silver, likewise left to Mrs Garner. From the
surplus OF the estate the executors were In
struced support and educate the children until they
attained the ago OF twenty five years. after which the
children are TO receive allowances, the sons getting
twice MS much as the daughters.
On the death of his w,c and daughter Florence tho
business is to be sold out and divided among his heirs
the sons If any, to receive double tho OF
daughters.
In the event of no children living to be twenty-five
years age, of their leaving ISSUE the estate
to be equally divided between his sisters, Frances A.
Lawrence and Anna J. Garner, and his niece, Fanny
Garner.
The following Is the text Of the will
In the name OF Cod amen. I, william T. Garner,
OF New York city, do hereby make. publish and de-
clare this as and tor, my last will and testament,
hereby revoking and annulling all former wills by me
At any time heretofore made.
First-I direct the pa, ment o all my Just debts
practicable after decease.
named or such OF those who shall qualify as sucn.
their survivors or successors, shall prosecute and
carry on with my estate and property my present
business, under the firm name OF Garner Co., Tor
and during the lifetime OF my wife Mary, and my
daughter Florence, and the survivor OF them and that
ali prots and gains arising from and OF said business
shall after tho sums sci apart for the support Of my
wife and children, as hereinafter provided, de-
dussod be added TO and form q part OF the working
capital OF my estate.
TAird-From out the income and profits OF my said
estate my executor will pay my beloved wife Mary Mar
cete during ner lite the sum OF $70 600 net per
mum, TO be paid her in equal monthly payments upon
her individual receipt free from any abatement or re-
ducon for any charge or tax whatever l give to her
also and her RS forever all my household furni
ure, beds, bedding pictures, books jeweIry, horses.
6llvcrWoT0 a
cease also the use and occupation, rent free, during
her lifetime OF my residence New York city my
country place at Staten Island the same to be kept 10
shall be in lieu and bar of all claims for dover she may
have IN my estate
FoxrLt-From the surplus income OF my estate my
executors will support, educate and maintain my child
or children surviving me, and such as may be born
alive OF my SAID wife within months after my de-
cease unl they sevorally attain tho age
years. up to which age such executor may advance any
child or children such moderate sum or sums OF
haeti iudO will bep tOrn
the happiness and comfort Of such child or cniuren
such advances to be charged against them. As each
shall pay TO such child children the ul sum
per annum TO which he or she may be entitled from
out OF tho profits of said business after my wifes
amount is paid her, with expenses thereof and my
executor shall so apportion and divide such in
come an5 profits that my sons shall receive
twice the sum per annum that my daughters receive
In OF the death OF any child or children OF mnc
leaving lawful issue surviving them the parents share
shall be paid to such OF age used for their
education, support and maintenance Tor much
thereof may be necessary by my executors until
said issue attains the full age OF twenty-one years.
when such income shall be paid them in full Upon
the death oil my said wne and my daughter Florence,
the said business shall DO closed and my entire estate
settled and divided among my children or their de-
sccpdants; II any have died leaving children equally
per stripes. In OF the death Of all my children
leaving lawful issue descendants surviving them
upon the death OF my said wiie-my business being
closed-all my estate of every kind, with all accumu-
otherwise shall be divided equally among my sisters
Frances A. Lawrence, Anna J. Garner and my neice,
Fanny N. Garner (daughter OF my ceased brother
Thomas share and share alike, the descendants OF
such may have died, per stripes, not per capita
II either have died leaving no issue or descendants,
then such share shall be given to the survivors OF
those above named.
Fytt-I appoint as the executors Of this my will
Samuel W. Johnson. John L. Lawrence, James +.
Thorne and William f. Thorne, and authorize them
the survivor to sell and convey all any part of my
real estate left by they may deem advisable and
give good and valid deeds therefor, with full powers
change securities and investments as they may
deem best Ny said executors and my said vito shall
be the guardians Of the estates OF my children during
their minority. In the prosecution OF my said bust
above directed the said shall be
liable personally Tor any losses debts, except arising
from bad faith or gross mlsmanagemenL
In witness whereof have hereunto set my hand
and seal this 9th day OF April, 1871.
(Signed WILLIAM 7. GARNER.
Signed, sealed published and declared by said tesla
tor Will am I. Garner and for his last will ana tes-
lament, our presence and OF each OF u.s. wno his
request and in his presence and the presence OF
other, have hereunto subscribed our names az wit
nesses, the 5th day of April 1871.
c. Y. WEMPLE, No. 63 Worth street, New York city.
CHARLES c. BIRDsEYE, No. 9s West Ninth street,
New York city.
JAMES A. RICH, No. 227 West thirteenth street,
New York city.
HHVV