I, Levi Brainerd of the village of Batavia, in the County of Genesee and
State of New York, being of sound mind and memory, do make, publish and
declare this Instrument to be my Last Will and Testament. that is to say:
-First- I order and direct, and it is my will, that all the just debts which
I may owe at the time of my decease, together with my funeral expenses,
shall be paid as soon thereafter as practicable by my Executrix hereinafter named
-Second.- I order and direct, and it is my will, that there shall be erected
upon my burial lot in the Cemetery at Batavia, by my said Executrix, (in case
I shall not provide one [i.e. gravestone] during my life) such marble monument as she shall
deem suitable, at the Cost to my estate of not less than One hundred and fifty
-Third.- I give and bequeath unto my wife Julia Brainerd, during her
life, my gold watch, and upon her death I give and bequeath the same to
my son Zechariah Brainerd, and to his heirs and assigns forever.
-Fourth.- I give devise and bequeath unto my said wife, Julia Brainerd,
all the remainder of my estate of which I shall die seized, whether real or
personal and wheresoever situated: To have and To hold the same and
the rents, issues and profits thereof, during the time she shall remain my
widow. And I hereby authorize and empower my said wife, as the
Executrix hereof, at any time previous to her marriage, to sell and convey,
in fee, my farm in the town of Batavia, which I bought of Mr. Ludlow
also all real estate except House and Lot for such price and on such terms
and conditions as to her may appear best: and to invest the proceeds thereof
in such manner as she deem proper, enjoying the annual interest and
income thereof during the time she shall remain my widow: and if such
annual income and interest shall be greater than my said wife shall
need for her support and maintenance, it is my wish that the surplus
thereof over and above what she shall require for her support and mainten=
=ance, shall be equally divided among my surviving children.
-Fifth.- I give and bequeath unto my said wife Julia Brainerd
the sum of five hundred dollars, to be applied by her to the improvement
and repair of the house in Batavia, where I now live.
-Sixth- Upon the death or marriage of my wife, Julia Brainerd, I
give, devise and bequeath the house and lot in Batavia where I now live
unto my daughter Elizabeth N. wife of Eugene Marsh: To Have and To
Hold the same and every part and parcel thereof unto the said Elizabeth
and her heirs andassigns forever.
-Seventh.- Upon the death or marriage of my said wife, Julia Brainerd
I give and bequeath unto my daughter, the said Elizabeth, wife of Eugene
Marsh, all my household furniture: To Have and To Hold, the same,
and every part and parcel thereof unto the said Elizabeth, and to her
heirs, executors, administrators and assigns forever: except however as
hereinafter provided: and I order and direct, and it is my will, that
my daughter, the said Elizabeth, shall give to my granddaughter
Lilly G. Storms, a share of the said furniture, but the amount thereof
shall be left to the option of my daughter the said Elizabeth.
-Eighth.- Upon the death or marriage of my said wife Julia Brainerd
I give devise and bequeath the remainder of my estate, real and personal
not herein otherwise disposed of, unto my four sons, Zerah, Zechariah,
Jesse and Rice Brainerd, in equal shares, share and share alike, (except
that my son Jesse, shall have the value of fifty dollars more than the
quarter part of such remainder
[the following clause was inserted above the line:]
and that my son Rice shall have the value of fifty dollars less than the
quarter part of such remainder
[resuming the main text:] To Have and To Hold the same and every
part and parcel thereof, to the said Zerah, Zechariah, Jesse and Rice
respectively and to their heirs, Executors, Administrators and assigns forever
-Ninth- I make, nominate and appoint my said wife Julia
Brainerd, the sole Executrix of this my Last Will and Testament.
In witness whereof I have hereunto set my hand and seal
at Batavia aforesaid, on this April 17th day of April [sic] in the year of our
Lord, one thousand eight hundred and seventy one.
The above written Instrument was subscribed by Levi Brainerd,
I would like to thank Sam Brainerd for offering his expertise and help in reading and transcribing this will.
Will graphic by: Graphics by Chris