Catherine Maria Leggett1,2,3

F, b. 19 November 1817, d. 26 November 1890
FatherWilliam Haight Leggett b. 15 Apr 1789, d. 23 Dec 1863
MotherMargaret Peck Wright b. 16 Jan 1794, d. 16 Apr 1878
Catherine Maria [Leggett] Allen
     Catherine Maria was born on Wednesday, 19 November 1817 in Westchester County, New York, at the family home at 27 Rose. She married William Mortimer Allen on 2 October 1838 at the home of her parents at at the Leggett home at Rose Bank, Morrissania, Westchester County, New York. 29 October 1850, the U.S. Federal Census listed Catherine and her husband, William, living in the home of her parents at West Farms, Westchester County, New York. Enumerated in this household were William H. Leggett [61 New York], his wife: Margaret W. [56 New York], William L. Allen [33 New York - lawyer], his wife Catherine M. Allen [32 New York], Margaret L. Allen [9 New York], Sarah Allen [4 New York], John W. [23 New York], George F. [21 New York], Francis W. [16 New York], servants: Maria McCullogh [21 Ireland], Alice Galghar [51 Ireland], Alice Macaulff [28 Ireland], James Riley [16 Ireland- coachman], James Riley [52 Ireland - laborer] & Bridget Leary [36 Ireland]. His real estate value was $80,000.4 She made her will 12 February 1881.

That said Catherine M. Allen, another of the children of the said William H. Leggett, and mentioned in his will, departed this life on or about the 26th day of November, 1890, having first duly made and published her last will and testament, bearing date June, 1884, in the words and figures following, to wit:
In view of the uncertainty of life, desiring to dispose of my worldly affairs, being of sound and disposing mind and memory, I, Catherine M. Allen, of the City, County and State of New York, widow of William M. Allen, do make, publish and declare this my last Will and Testament, hereby revoking and annulling all other Wills heretofore made by me:
First: I direct the payment of all my just legal debts and funeral expenses, as soon as may be conveniently be done after my decease, authorizing and empowering my executors hereinafter named to sell, dispose of, and convey by instruments under seal or otherwise at public or private sale such part or parts of my estate except my paintings and wardrobe as they may deem best, as to time or times, person or persons price or prices, either for the payment of debts or the settlement or distribution of my estate, also empowering said executors with like discretion to make and carry out by instruments under seal or otherwise, the settlement of any or all claims they may deem best in favor or against my estate.
I give and bequeath my wardrobe equally to be divided between my two daughters hereinafter named. My pictures and their accompanying frames, I give and bequeathe one equal half part thereof to my daughter Margaret L. Foote for her life, and remainder in such equal half absolutely to her issue her surviving, the other equal half part of said painting and frames I give, and bequeathe unto my daughter Sarah R. Belden, for her life, and remainder thereon absolutely to her issue her surviving.
Second: All the rest, residue and remainder of my estate to me belonging at the date of my decease, real, personal or mixed, wherever situate, I give, devise and bequeath unto my two executors hereinafter named upon trust nevertheless to divide the same into two equal portions called First Portion and Second Portion, investing and reinvesting each portion in such manner as they may deem best, having confidence in their discretion that they will act prudently and for the interest of my estate therein, and to collect the income from time to time arising from each and as arising pay proper charges thereon respectively and apply the net income from the First Portion, to the use of my said daughter Margaret during her natural life, and the net income of the Second Portion to the use of my said daughter Sarah during her natural life; at the death of said Margaret, to divide the First Portion among the then surviving issue of said Margaret and at the death of said Sarah, to divide the Second Portion among the then surviving issue of said Sarah, in each case in the same manner as if the said daughters respectively were at their respective deaths the absolute owners of such portions respectively, and had died widows respectively and intestate. I hereby intend that this section shall apply to and embrace all the property or part which under the will of my late father William H. Leggett was set apart or designated or intended so to be for my benefit or in case I should die intestate for the benefit of my issue, with the same force and effect as if I were at my decease the absolute owner of the share, part or interest so in my said father's will designated, and I hereby exercise all the power and authority of disposition by will permitted in and by the Sixth Section of said Will of my said father or by any part of such will or to which I am in anywise entitled in and by such will or otherwise.
Third: In case either of said daughters should not survive me, my direction and will are, that the issue surviving me of each daughter not surviving me shall at my death receive the same share under or by virtue of this my will which such issue on the death after me of the mother of the mother of such issue would if surviving me under this will have received.
Fourth: As to any of the property or part of which I during my life am entitled under the will of my father to income only in case for any reason this will should be deemed to exceed my power under my said father's Will or otherwise to include that property in the trust hereinbefore set forth so that such part cannot be lawfully added to or embraced in such trust; I direct that such property or part be equally divided into two shares, one share I give and bequeathe absolutely share and share alike to the children of my said daughter Margaret who may survive me, subject however to the charge to pay to said Margaret during her life all the net income thereof. The other equal shares, I give and bequeathe unto the children of my said daughter Sarah, who may survive me absolutely share and share alike, subject however to the charge to pay to said Sarah during her natural life all the net income thereof.
Fifth: I hereby nominate and appoint George F. Leggett of 122 E. 17th Street, in this City, and David Porter, of 55 W. 126th Street in said City, the executors and trustees of this my last Will and Testament, giving unto the one who may qualify or qualifying may survive all the power and discretion hereinbefore given in case both should qualify or qualifying should survive.
In witness whereof I have hereunto set my hand and seal this 12th day of February, One thousand eight hundred and eighty-one.
Catherine Maria Allen. [SEAL.]
Signed, sealed published, declared and acknowledged by Catherine M. Allen the above testatrix, as and for her last Will and Testament in our presence and we each of us at her request in her presence and in the presence of each other have hereto subscribed our names as witnesses. 3d page 7th line, from top and 4th page 7th line from top, erasure made before execution.
V. W. VAN VECHTEN, Residence 177 W. 47th St., N. Y.
LILLIAN H. ANDREWS, residence 124 E. 24th St., New York City.

She wrote a codicil to her will in June 1884.

I, CATHERINE M. ALLEN, widow of William M. Allen, late of the City, County and State of New York, deceased, having made my last Will and Testament bearing date the twelfth day of February, one thousand eight hundred and eighty-one, do make, and publish this my first Codicil thereto to be taken as part thereof.
First: I hereby nominate and appoint my nephew William T. Leggett now doing business at Number seventy-five Murray Street, in said City of New York, to be an additional executor and trustee of my said will with the same force and effect as if he had been named in said will when executed, as one of the executors and trustees thereof.
Second: In all respects not inconsistent with this Codicil, I hereby ratify and confirm my said will.
In Witness Whereof I, Catherine M. Allen, have hereunto set my hand and seal this ___ day of June, in the year one thousand eight hundred and eighty-four.
Catherine Maria Allen [SEAL.]
Signed, sealed, published, declared and acknowledged by Catherine M. Allen the above named testatrix, as and for her the first Codicil to her last Will and Testament in our presence and we each of us at her request in her presence, and in the presence of each other have hereto subscribed our names as witnesses. Thomas B.Leggett, No. 62 East 126th Street, N. Y. City; Laura L. Leggett, 62 East 126th St., New York City.


Catherine died Wednesday, 26 November 1890 at her home on at the family home on 126th Street in the City, County & State of New York, at age 73 years and 7 days. She was buried at Bronx, Westchester County, New York, in the Woodlawn Cemetery. Her will was probated on 22 January 1891.

Family

William Mortimer Allen b. 25 Nov 1814, d. 14 Dec 1878

Citations

  1. [S91] Michigan Daughters of the American Revolution, Old Bible and Other Genealogical Records, Volume 5: page 102; Volume 3: page 38.
  2. [S349] Roeser, & Storck Ferriss, Petition & Order To Show Cause In The Matter Of The Application For The Appointment Of A Trustee To Execute The Power Of Sale Remaining Unexecuted Conferred By The Last Will & Testament Of Thomas Leggett, Deceased, First: Catherine Maria Allen, wife of William M. Allen. And the said Catherine Maria Allen departed this life November 26th 1890, leaving a last will and testament bearing date February 12th, 1881, and a codicil thereto bearing date June, 1884, but did not lawfully exercise the power of appointment conferred upon her by the said will of her father.
         And the said last will and testament and codicil thereto were duly proved before the Surrogate of New York County on January 22nd, 1891, and duly admitted to probate by said Surrogate, and letters testamentary were duly granted to David F. Porter, and said will and codicil were duly recorded in the office of said Surrogate on said last mentioned date in Liber 449 of Wills, at page 145, and thereafter, by the judgment or decree of this court, in which the above named surviving trustees under the will of the said William H. Leggett, deceased, were plaintiffs, and the said David F. Porter, as executor, as aforesaid, and the heirs and devisees of the said Catherine M. Allen, were defendants, on the 6th day of August, 1891, the trusts attempted to be created and the disposition to be made by the said Catherine M. Allen with respect to her interest in the estate of her father, the said William H. Leggett, in and by her said last will and testament, were adjudged and declared to be null and void; that the said Catherine M. Allen left her surviving two children, to wit: Margaret L. Foote, wife of Emerson Foote, who resides at Number 220 West 107th Street, in the Borough of Manhattan, City and County of New York, and Sarah R. Belden, who resides at Cosy Nook, Stamford, Connecticut, the only children and heirs-at-law of said Catherine M. Allen, deceased.
  3. [S106] Howland Delano Perrine, The Wright Family of Oysterbay, L.I. with the ancestry of and descent from Peter Wright and Nicholas Wright, 1423-1923, page 168 - Catharine Maria, b. Nov. 19, 1817; d. Nov. 26, 1890; in. William M. (Hon. Stephen) Allen, of N. Y. City, Oct. 2, 1838; b. Nov. 25, 1814; d. Dec. 14. 1878. Issue: Margaret Leggett, b. Jany. 12, 1841, d. Oct. 22, 1913, m. Emerson Foote, of Springfield, Mass.. Dec. 28, 1863, b. Apl. 28, 1837, d. Jany. 23, 1908, had issue; Sarah, b. Oct. 7, 1846, m. Charles Denison Belden, of N. Y. City, Feby. 22, 1870, b. Jany. 9, 1843, d. 1910, had issue.
  4. [S684] 1950 United States Federal Census: West Farms Town, Westchester County, New York - Sheet 607, line 39 - transcribed by Larry & Kathy McCurdy.