Last Will and Testament of John Qua
(Copy in the hands of Colonel John R. Allen, USMC, 2nd
cousin four times removed. Original spelling, usage, and grammar preserved.)
In the name of God, Amen: I John Qua of the town of Hebron in the County of Washington and State of New York, being of sound mind and memory, do make, publish and declare this my last Will and Testament, in manner following that is to say:
First - I direct that all my just debts and funeral expenses be paid.
Second - I give and bequeath to my daughter Mary Qua all my personal property wheresoever situated and of every nature, including all household furniture, silver etc. of every nature in or about the house and also all stock, produce farming implements, and farm supplies of every nature.
Third - I give and devise to my said daughter Mary Qua the farm occupied by me and all the rest of my property to her use and disposal, Except that I direct that on her death there be paid to the two children of my deceased son Andrew (Leon and Ethel) the sum of $500.00 each, or if deceased to their children if any per stirpes.
In the event of the death of either Leon or Ethel without issue prior to decease of said Mary Qua his or her share to go to the survivor or descendants of the survivor if any, and it on the decease of said Mary Qua neither of said children nor their children are living then said gifts of five hundred dollars shall lapse.
Fourth - I authorize my executrix hereinafter named to sell and convey said farm in her discretion, and that in such event she hold $1000.00 principal of the proceeds to meet the above mentioned legacies to Leon and Ethel, and in event the real property be not so sold prior to the death of said Mary such legacies shall remain upon said real property.
Lastly, I hereby appoint Mary Qua, my daughter sole 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 the 30th day of April in the year of our Lord one thousand nine hundred and one.
/s/ John Qua
We, whose names are hereto subscribed, Do Certify, that John Qua of Hebron, Washington County, N.Y. the testator, subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared the same to be his last Will and Testament, and requested us and each of us, to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testator and of each other, on the day of the date of the said Will, and write opposite our names our respective places of residence.
/s/ Silas E. Everts residing at
/s/ Roscoe G. Hays residing at
In Surrogate's Court
County of Washington
In the Matter of the Probate
of the Last Will and Testament
of John Qua, Deceased
State of New York,
Roscoe G. Hays and Silas E. Everts whose names are signed to the said Will as witnesses, being each severally and duly sworn and examined as a witness in the above entitled matter says, and each for himself says: I was acquainted with the above named John Qua in his lifetime and was present and saw him subscribe his name at the end of the instrument now shown to me and offered for Probate as his Last Will and Testament, bearing date the thirtieth day of April one thousand nine hundred and one. At the time of subscribing his name as aforesaid, the said decedent published and declared the said instrument to be his Last Will and Testament, in the presence of myself and of the other subscribing witness to the said instrument, at the request and in the presence of the said decedent, and of the said other witness, and I saw the said other witness sign his name thereto, and know that he did so at the request of the said decedent, and the age of the Twenty-one years, and in my opinion was of sound mind and memory and not under restraint.
Subscribed and sworn to before me /s/ Roscoe G. Hays
This 5th day of October, 1903 /s/ Silas E. Everts
/s/ Frederick Fraser,
I, Frederick Fraser, Surrogate of said county, do certify that the foregoing is a correct record of the Last Will and Testament of John Qua, late of the town of Hebron, in the said County, deceased, and also of the testimony taken by me on the probate thereof as a will of real and personal estate, which said Last Will and Testament was admitted to probate and recorded this 5ht day of October, 1903.
/s/ Frederick Fraser