the proceeds in good securities, and the annual income thereof, to pay to my said wife, during her life, and at her death to pay the principal to my son Franklin D. Roosevelt. On the death of my wife, I give, bequeath and devise all of said Real Estate, being the real estate which I have given my wife the use of during her life, or, so much thereof as shall not have been sold, as aforesaid, unto my said son Franklin D. Roosevelt forever, together with full right to him, his heirs and assigns, at any and all times hereafter, to enter upon the said Boreel and Kirchner Farms, to cut down and remove from each of said farms, all trees and timber of any and all kinds that may be necessary to secure and preserve to the said "Wheeler Place" and to the occupants and owners thereof, the River and Mountain views as they now are from the said "Wheeler Place," together with a right of way to the Hudson River over that part of the road constructed through and over the "Boreel Place," excepting and reserving to my son, James R. Roosevelt, the right to take ice and water from the Pond on said Real Estate, and the right of way to the River over the road leading thereto, as particularly mentioned and granted to my said son, James R. Roosevelt, in the Fourth Paragraph of this my Will. Fourth:--I give, bequeath and devise unto my son, James R. Roosevelt, all of that part of my real estate situate in the Town of Hyde Park, known as the "Boreel Place," and particularly described in a deed thereof made by Robert Boreel and wife to me, dated February 14, 1868, recorded in the Dutchess County Clerk's Office in Liber 144, of Deeds on pages 117, &c., excepting and reserving therefrom all of that part thereof, together with the rights and easements hereinbefore given and devised unto my wife and to my son, Franklin D. Roosevelt. I do also give and devise unto my said son, James R. Roosevelt, his heirs and assigns forever, the right to take water by means of a ram, and also the right to take ice from the Pond on the property hereinbefore devised to my said son, Franklin D. Roosevelt, and also the Right of Way from the "Boreel Place" to the River over the Road on the land hereinbefore given and devised to my said son, Franklin D. Roosevelt. I do also give, devise and bequeath unto my son, James R. Roosevelt, all of that tract of land situate in said Town of Hyde Park, known as the "Kirchner Place" and particularly described in a deed thereof made by Charles Kirchner and wife to me, dated the 18th day of October, 1886, and recorded in the Dutchess County Clerk's Office in Liber 227 of Deeds on pages 270, &c., excepting and reserving however, unto my wife, during her life, and to my son, Franklin D. Roosevelt, his heirs and assigns forever,full right, power and authority at any and all times hereafter to enter upon said real estate herein devised to my said son, James R. Roosevelt, to cut down and remove all trees and timber of any and all kinds which may be necessary to secure and preserve to the said "Wheeler Place" the occupants and owners thereof, the River and Mountain views, as they now are from the "Wheeler Place." Fifth:--If any of the legacies or devises hereinbefore mentioned shall be subject to the Inheritance Tax, I direct my executors to pay such tax out of the residue of my Estate, and not out of such legacies or devises. Sixth:--After the payment of my just debts, funeral and testamentary expenses, and all of the legacies and bequests above mentioned, I direct my Executors to divide all of the rest, residue and remainder of my Estate, Real and Personal, and of every name and kind into Three (3) equal parts, which I do hereby give, bequeath and devise as follows, viz: One Part unto my son, James R. Roosevelt, his heirs and assigns forever. One Part unto my Executors and Trustees, and to the survivors or survivor of them, in Trust, nevertheless, for my son, Franklin D. Roosevelt, until he shall attain the age of twenty-one years, at which time they shall pay the Principal to him, and I direct my Executors and Trustees to pay to my wife for the use and benefit of my said son, Franklin D. Roosevelt, all the income from this Trust as long as it exists. If my son Franklin D. Roosevelt shall die before he is of age, then I give, bequeath and devise One-Half of this One Part to my son, James R. Roosevelt, absolutely, and the remaining One-Half shall be held in Trust by my said Executors and Trustees for the use of my wife, she to have the Income thereof, during her life, and at her decease, I give and devise the Principal to my son, James R. Roosevelt, forever. The said remaining Part or Third of my Estate I give and devise unto my Executors and Trustees, and to the survivor or survivors of them, in Trust, nevertheless, to be invested by them, and the Income thereof they shall pay to my wife during her life, and at her decease, I give, devise and bequeath the Principal of this last named Trust unto my sons, James R. Roosevelt and Franklin D. Roosevelt, their heirs and assigns forever. The above legacies are given my wife in lieu of dower. I do hereby authorize and empower and direct my Executors,and the survivor and survivors of them, to sell at public or private sale, all of my Real Estate, not herein specifically devised, at such time or times as they, the survivor or survivors of them, may deem expedient, and to make, execute, acknowledge and deliver to the purchaser or purchasers thereof all proper deeds and conveyances of the same, and until the sale of said real estate, the same shall be leased by my executors, and so much of the rent as may be required for that purpose shall be used by them to pay the taxes, insurance and repairs of such real estate and the balance of such rent, together with the pro- (MORE) |