Broome Co NY Wills Vol. 7 Page 1

Austin W. Tyler of Binghamton
probated 4 May 1877

In the name of God, Amen.

I, Austin W. Tyler of the City of Binghamton, Broome County, New York being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last will and Testament, that is to say:

First. After all my lawful dents are paid and discharged, I give and bequeath to my wife Harriet D. Tyler the use of all my real and personal property for and during the term of her natural life.

Second. After her death, I give and bequeath to my son Fred Tyler the sum of four thousand dollars.

Third. I give and bequeath the balance of my estate to my executors, hereinafter named in trust for the following purposes.

1st. They are to pay to my son John W. Tyler the interest or use of $2000 for and during the term of his natural life, and at his death, they are directed to pay said $2000 to his lawful issue, share and share alike.

2nd. They are to pay to my daughter Amanda Thurston, wife of Frederick Thurston, the use or interest of $2000, for and during the term of her natural life, for her separate use and free from the interference or control of her husand, and at her death they are to pay said $2000 to her lawful issue share and share alike.

3rd. They are to pay to my daughter Julia Rose, wife of Frank Rose the use or interest of $2000 for and during the term of her natural life for her own use and benefit and free from the control and interference of her husband and after her death they are directed to pay said $2000 to the lawful issue of said Julia Rose, share and share alike.
4th. They are to pay to my daughter Mary Stafford wife of James Stafford the use or interest of $2000, for use and during the term of her natural life for her own use and benefit and free from control or intereference of her husband and after her death they are to pay said $2000 to her lawful issue share and share alike.

Fifth. In case of the death of either of my said children John W. Tyler, Amanda Thurston, Julia Rose or Mary Stafford without lawful issue living at the time of their decease such share or shares that would have been payable to the issue of such child or children if there had been such issue shall be and remains a part of my estate and distributed as hereinafter stated.

Sixth. If upon the death of my wife my estate should amount to more than $12,000 or if by reason of either of my children dying without lawful issue and any sum or sums, to which they have been entitled to the use, remaining a part of the general fund, I direct that such sums shall be divided equally as follows. One share to be paid to my son Fred Tyler and the balance added to the funds to which the surviving children and entitled to the interest of; and in case any have died leaving issue one share shall be paid to such issue and the other should added to said funds upon the death of either of said children enjoying a life estate shall be added to the amount payable to the issue of such child, and if subsquently any either of my said children should be without but issue then living, the amount which such child havs enjoyed the use thereof shall be applied in the same manner.

Seventh. If upon the death of my wife my estate shall amount to less than $12,000 said shares are to be proportionally reduced, except that Fred Tyler is to be paid $2000 more than the heirs of my other children.

7th. Said legacy to Fred Tyler is not to be paid or said payments of interest are not to commence until the death of my wife.

8th. Upon the death of my wife my executors are to sell and convey my property and apply the avails as above stated, and in case my executors deen best they are authorized to sell and convey such portions of my real estate as they deem best prior to the death of my wife, and invest the avails thereof for the purposes above stated.

8th. I authorize my executors if they deem best to carry on the lumber business as now carried on by me.

9th. If at the time of the death of either of my children who are to have the use of said several sums of money during life, any such child or children shall have had a child or children who shall have died leaving lawful issue, such issue shall be entitled to the share the parent would have been entitled to if living.

Likewise, I make constitute and appoint William H. Wilkinson, Fred Tyler and Harriet D. Tyler to be executors and executrix of this my last will and testament, hereby revoking all former wills by me made.

In witness whereof, I have hereunto subscribed my name and affixed my seal the 9th day of January in the year of our Lord one thousand eight hundred and seventy seven.