I Hugh Denniston, Innkeeper, of Albany, New York, order my executors within five years after my decease, shall began, sell, and alien in fee simple all my real estate whatsoever or each a part or parts as he may think proper to dispose of for such price as he can obtain;
I hereby give, grant, transfer to my executor full power and authority to grant alien, bargain, sell, and assure all my real estate to any person or persons and his and their heirs forever in fee simple by such lawful ways as my executor shall deem fit or necessary;
to each of my sons, John and Hugh, £50, when they shall arrive at twenty-one years of age; these two sums to be deducted from the first moneys that my executors shall receive of my estate (after the discharge of my debts and funeral expenses), and to place the same at loan or landed security at his discretion, and to appropriate the interest money arising thereof to the education of my said two sons respectively until they arrive at lawful age;
my son Daniel having received the full proportion of my estate, I give all the residue of my personal estate, and the moneys which shall arise by the sale of my real estate, to my sons, James, Isaac, John and Hugh, and my daughter Isabella, wife of John Shaw; Margaret, Anne, and Lydia, their heirs, executors, forever equally to be divided, share and share alike.
Whenever my executors shall receive any part of the moneys arising from sale of my real estate, that he shall pay unto said James, Isaac, and Isabella, their executors or heirs, each one equal eighth part thereof.
I direct my executors to place at loan on landed security the shares bequeathed to my children, John, Hugh, Lydia, Margaret and Anne, and to appropriate the interest money arising therefrom or so much thereof as may be necessary for at lawful age or marriage, whichever shall first happen.
I direct my executors to pay her or them as shall arrive at lawful age, or marry, their proportion of the moneys arising from the sale of my real estate mentioned above; to my children, James Isaac, John, Hugh, Isabella, Margaret, Ann, and Lydia, all the residue of my real estate to them their heirs, forever, share and share alike, and in case either of my children and share alike, and in case either of my children should die before the age of twenty-one years, unmarried and with out lawful issue, then the share of the one so dying to be equally divided among the surviving children, share and share alike.
I declare that my executors shall not be accountable for more of the said moneys or estate than he shall actually receive, or for loss which shall happen of the moneys aforesaid, so as such loss happen without his willful default and neglect.
I appoint John Taylor, of Albany, executor.
first posted 5/10/03; recast and revised 11/29/17