YALE
UNIVERSITY LIBRARY

COPY OF THE

Will of . Isaphene Hillhouse

Copy of the Will of Isaphene Hillhouse.

I, Isaphene Hillhouse, of the To-wn and County of New
Haven, make, publish and declare this my last will and testa
ment, hereby revoking all previous wills.
Article I. I direct that all my just debts shall be paid.
Article II. I direct that a stone like the one at the
head of my mother's grave shall.be erected at the head of
my grave and that my name shall be inscribed on the family
monurnent in my burial lot.
Article III. To my dear friends and relatives respec
tively hereinafter in this Article named I give and bequeath
the respective sums hereinafter respectively specified, namely :
to James Hillhouse of New York, son of William Hill
house of New Haven, the sum of twenty-five thousand dol
lars, but if he be not living at the time of my decease I
give said sum to his child or children, or if there be no child
then surviving I give said sum to his widow;
to Francis Hillhouse, son of said William Hillhouse, the
sum of twenty-five thousand dollars ;
to Charles B. Hillhouse, son of said William Hillhouse, the
sum of ten thousand dollars ;
to Mrs. Frances J. Hillhouse, wife of said William Hill
house, the sum of five thousand dollars ;
to Mrs. Anna McCarter, daughter of the late Benjamin
McVickar of Milwaukee, Wisconsin, the sum of ten thou
sand dollars;
to Mrs. Cornelia Miller, daughter of said Benjamin
McVickar, the sum of five thousand dollars;

to Mi's. Loyal Durand, daughter of said Benjamin
McVickar, the sum of five thousand dollars ;
to Mrs. Cornelia Miller Tibbits, daughter of said Cornelia
Miller, the sum of five thousand dollars ;
to Samuel F. Hurd Hewit, son of the late Henry S.
Hewit, the sum of five thousand dollars;
to James Hewit, son of said Henry S. Hewit, the sum of
five thousand dollars;
to Agnes Hewit Havard, daughter of said Henry S.
Hewit, the sum of five thousand dollars;
to Henrietta M. Hewit, daughter of said Henry S. Hewit,
the sum of ten thousand dollars ;
to Sarah Hewit Frier, daughter of said Henry S. Hewit,
the sum of five thousand dollars ;
to Julia B. Leupp, of New Brunswick, New Jersey, the
sum of ten thousand dollars ;
to Cornelia L. Leupp, of New Brunswick, the sum of
fifteen thousand dollars ;
to Mrs. Maria Stiles of New Haven the sum of five
thousand dollars;
to Miss Sarah Pynchon of New Haven, the sum of five
thousand dollars ;
to Miss Ellen Prichard of New Haven, the sum of five
thousand dollars.
If said Samuel F Hurd Hewit, James Hewit, Agnes
Hewit Havard and Sarah Hewit Frier shall any of them not
be living at the time of my decease I direct that the children
of such deceased legatee shall in the place of such deceased
parent receive the sum or sums hereinbefore given to such
decedents respectively.
I direct that any of said legatees being married women
shall each receive the sum by this will given to her to the
sole and separate use of such legatee.

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Article IV. All furniture, pictures, apparel and all
moveable personal property, which shall be in my mansion-
house at the time of my decease (excepting and not includ
ing all moneys, bonds, notes, certificates, and papers and
documents evidential of rights of property) together with
all horses, carriages, harnesses, and other moveable property
which shall be in my stables at the time of my decease, I
give and bequeath to said James Hillhouse, but if he shall
not be living at the time of my decease then I give and
becjueath all of said articles of personal property to said
Cornelia L. Leupp.
Without intending to impose upon said James Hillhouse,
by anything herein expressed or implied, any absolute or
legal or equitable obligation in regard to the disposition
which he shall make of any part or all of the property given
to him in this Article, I express the hope that he will faith
fully execute in reference to said property, if it should come
into his possession, such written requests or directions as
he may hereafter, at any time, receive from me.
And without intending to impose upon said Cornelia L.
Leupp, by anything herein expressed or implied, any absolute
or legal or equitable obligation in regard to the disposition
which she shall make of any part or all of the property given
to her in this Article, I express the hope that she will faith
fully execute in reference to said property, if it should come
into her possession, such written requests or direction as she
may, or as said James Hillhouse may, hereafter at any time
receive from me.
Article V. If John F. Galligan, for many years my
gardener, shall still be in my employ at the time of my
decease, I give to him the sum of two thousand dollars.
And to each of my domestic servants (meaning to include

therein my coachman and my house-servants, but no others)
who shall be in my employ at the time of my decease and
shall then have been in my employ for four years or more,
I give the sum of five hundred dollars.
Article VI. I give and bequeath to "The Proprietors
of the New Haven City Burial Ground" the sum of five
hundred dollars, in trust that the said corporation shall for
ever keep said sum as a separate fund and shall continuously
and forever devote the annual interest and income of said
fund to the keeping and preservation in perfect order of my
lot in the cemetery of said corporation and of the monuments
in said lot.
Article VII. I give and becjueath to "The General
Hospital Society of Connecticut" for the general uses of
said corporation, the sum of, twenty thousand dollars. To
the same corporation I give and bequeath the further sum
of five thousand dollars in order to provide for a "free bed"
in the hospital of said corporation pursuant to the terms of
the by-law of said corporation entitled "of Free Beds," and
in trust that said corporation shall furnish such free bed and
permit the Wardens and Vestry of the Parish of Trinity
Church in New Haven to nominate, from time to time for
ever, patients who shall receive the benefits of said free bed.
Article VIII. To the Domestic and Foreign Mission
ary Society of the Protestant Episcopal Church in the United
States of America I give and bequeath the sum of twenty-
five thousand dollars for the sole and exclusive use of the
Domestic Committee of said Society in the support of the
Domestic Missions under their care.
Article IX. To "The Home for the Friendless," incor
porated by the General Assembly of Connecticut at its May
Session 1867, I give and bequeath the sum of ten thou
sand dollars.

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Article X. To "The New Haven Orphan Asylum" I
give and bequeath the sum of ten thousand dollars.
Article XI. To "The Trustees of the Fund for Aged
and Infirm Clergy and Widows and Orphans of Clergymen"
incorporated by the General Assembly of the State of Con
necticut in 1855, I give and bequeath the sum of twenty-five
thousand dollars.
Article XII. To "The Young Women's Christian
Association of New Haven" I give and bequeath the sum
of five thousand dollars
Article XIII. To "The Trustees of the Hampton Nor
mal and Agricultural Institute at Hampton Virginia" I
give, and bequeath the sum of five thousand dollars, to be
used by said corporation in defraying the expense of sup
porting and educating at said school an Indian girl who
shall be selected and designated by said corporation from
time to time as the beneficiary of such fund, and if at any
time the income or interest of such fund shall be more than
sufficient for the support and education of one such girl, the
surplus may be applied by said corporation toward the sup
port and education of other Indian girls selected by said
corporation. Article XIV. To the City of New Haven I give and
bequeath the sum of ten thousand dollars, to be devoted by
said City to the construction and maintenance of a drive or
bridge in the East Rock Park, to be called the "Hillhouse
Drive," or as the case may be, the "Hillhouse Bridge."
Article XV. To "The United Workers" of New
Haven I give and bequeath the sum of five thousand dollars.
Article XVI. I direct that those of my relatives and
friends who may be living in my house with me at the time
of my decease and any who may have charge of the arrange-

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ments of my afi^airs shall be permitted to use and occupy said
house for the period of two months from and after my
decease and for such longer period as my executors may in
their judgment think necessary, and that for said period of
two months (or longer period if so determined) my execu
tors shall keep up and maintain for the use, benefit and enjoy
ment of said relatives and friends the whole domestic estab
lishment of said house and ' its appurtenances in the same
style and manner in which I shall have been accustomed to
keep and maintain it ; and all the expenses of so maintaining
it (including the expenses of provisions, domestic service,
horses, etc) shall be paid by my executors out of the funds
of my estate.
Subject to the foregoing provision of this article I direct
my executors to take down and remove, at their earliest
convenience, in the most thorough manner and at the
expense of my estate, the Mansion House and all other
buildings which are or may be situated upon the tract of
land occupied by me at my homestead and known as
"Sachem's Wood" lying between Whitney Avenue and
Prospect Street, and Sachem and Edwards Streets. And
I direct my executors to lay out and open through said
tract new highwaj^s and streets in such locations as will
enable them to sell lots from said tract to best advantage,
as hereinafter authorized, my preference, however, being
that they shall lay out and open a street which shall be an
extension of Hillhouse Avenue, and shall be of the same
width as Hillhouse Avenue and have for its Easterly line
the Easterly line of Hillhouse Avenue produced and for
its Westerly line the Westerly line of Hillhouse Avenue
produced. I direct my executors, so soon as they may be
able so to do, to procure proper legal authority for open-

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ing such new streets or highways, and to actually open the
same. I give and devise to said James Hillhouse and his heirs
and assigns forever so much of said tract of land as is
bounded Southerly by Sachem Street, Easterly by Whitney
Avenue, Westerly by the Easterly line of Hillhouse Avenue
.produced (whether said Avenue be so extended or not)
Northerly by a line drawn through the intersection of the
Southerly line of Humphrey Street, produced, with the
Westerly line of Whitney Avenue and parallel with the
Northerly line of Sachem Street.
If said James Hillhouse be not living at the time of
my decease I give and devise said piece hereinbefore
described, namely, that bounded Easterly by Whitney
Avenue, Southerly by Sachem Street, Westerly by the
Easterly line of Flillhouse Avenue produced and Northerly
by a line drawn parallel with the Northerly line of Sachem
Street at Humphrey Street, to such of his children as shall
then be living, to them and their heirs forever, but if there
be' no child of James Hillhouse living at my death (said
James Hillhouse being then deceased) I give and devise said
land to said Francis Hillhouse, son of William Hillhouse,
and his heirs forever.
Provided hozvcz'cr, that if the said James Hillhouse shall
desire to occupy my said Mansion House as a permanent resi
dence for himself my executors are directed and authorized
to lay out said new highway or highways in such locations
as will avoid the necessity of removing said house and
other buildings and will so far as possible preserve the -
ground immediately surrounding the said house in its pres
ent condition, and to permit said house and other buildings
to remain standing as they now are and the said James

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Hillhouse to take, possess and occupy the same, together with
the land immediately surrounding said house (as a part of
the residuary estate hereinafter devised to him), subject
however to the power of my executors to sell the same or
any part thereof if necessary for the payment of legacies, as
is hereinafter authorized. But if said James Hillhouse shall
not desire to so occupy said house and it shall not be so
taken by him as a part of his resicluary devise, said house
and other buildings are to be removed and destroyed as
is hereinbefore directed.
Article XVII. If any one or more of the legacies speci
fied in Article III and Article V of this will should remain
unpaid after the end of one year from and after the date
'of my decease, then every such legacy so then unpaid (and
every then unpaid part of every such legacy) shall be in
creased by the addition of legal interest thereon from the
end of said year down to the time of the final payment of
such legacy. But no interest shall, in any event, be added
to or paid upon any of the legacies specified in this will
except the legacies so specified in Article III and Article
V as aforesaid.
Article XVIII. If those parts of my personal estate
which shall be applicable to the payment of the pecuniary
legacies specified in this will shall not be sufficient for the
payment of all said pecuniary legacies in full, then I direct
that the legacies specified in Article III, Article V, and Arti
cle VI of this will (with all interest which may become clue
upon any of them under Article XVII) shall first, at all
events, be paid in full before any portion of any of the others
specified in this will shall be paid.
Article XIX. I authorise my executors to pay the lega
cies specified in this will or any of them at their discretion

before the expiration of one year from the date of my decease
if they should find that they can do so without disobeying
any of the requirements of this will hereinbefore set forth.
But inasmuch as my executors may be obliged to wait for
the sale of lands in order to obtain the means of paying all
said legacies in full, and inasmuch as they may deem it
advisable to delay the sale of such lands in order to avoid
selling them at unfavorable times and at unsatisfactory
prices, I authorize said executors to pay said legacies or any
of them at their own discretion (subject to said foregoing
requirements) at such time or times within five years after
my decease as my said executors themselves may determine.
I authorize and empower my executors, at such times and
on such terms as they shall deem best, to sell any part or
all of my real estate not hereinbefore specifically devised,
and to execute and deliver proper deeds of conveyance there
for, in order to raise the necessary funds for the payment of
all said debts and legacies and all charges against my estate
and all expenses of the administration and settlement thereof,
requesting however that when they sell any portion of the
grounds of Sachem's Wood that they will sell it in such
manner as will, in their judgment, best promote and pre
serve the beauty of the whole and be most likely to result
in the occupation of said tract by handsome private resi
dences, to the exclusion of factories and of all uses injurious
br annoying to the neighborhood.
Article XX. I direct that all collateral inheritance or
succession taxes payable under the laws of the State of Con
necticut upon or on account of any of the legacies and devises
given by this will (excepting only those given by Article
XXI following) shall be paid by my executors from my
estate and that said legacies and devises shall be without

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deduction or charge against the legatees and devisees on
account thereof.
Article XXI. Intending to dispose fully and finally of
all my estate by this will, so that no part of said estate shall
be left intestate, I hereby give, devise and bequeath all the
rest, residue and remainder of my estate, both real and per-
*
sonal, of every description and wherever situated, to said
James Hillhouse and his heirs and assigns forever; but if
he should not be living at the time of my decease and there
should remain any of said estate not required for the com
plete execution of all the foregoing provisions and directions
of this will, I "give to said Francis Hillhouse, Charles B.
Hillhouse, Mrs. Frances J. Hillhouse, Mrs. Anna McCarter,
Henrietta M. Hewit, Agnes Hewit Havard, Sarah Hewit
Frier, Julia B. Leupp and Cornelia L. Leupp named in Arti
cle III of this will each an additional legacy of the same
amount as is given to each respectively in said Article III ;
and if said James Hillhouse be not living at the time of my
decease and there shall be more than sufficient estate to pay
the additional legacies to the persons named in this Article
XXI of my will, then after the payment of such additional
legacies I give, devise and bequeath the rest, residue and
remainder of my estate to the General Hospital Society of
Connecticut, located in New Haven.
Article XXII. I appoint said James Hillhouse and
Leonard M. Daggett executors of this will, and direct that
no bonds be required of them or either of them for the
faithful discharge of their duties as such executors.
In witness whereof I have hereunto set my hand and seal
at said New Haven this 13th day of March 1897.
Isapi-iene Hillhouse. [seal]

— II —
Signed and sealed by the within-named Isaphene Hill
house and by her declared to be her last will and testament
in the presence of us who have hereunto subscribed our
names as witnesses in her presence and in the presence of
each other and at her request, at the City of New Haven this
13th day of March 1897.
J. Walcott Thompson
Roger A. Townshend
Henry C. White.

We, the undersigned, attesting witnesses to the within and
foregoing will, being duly sworn, depose and say : that the
declaration of attestation above subscribed by us is true, and
that Isaphene Llillhouse, of the Town and County of New
Haven at said town on the 13th day of March 1897 did
sign and seal said will in our presence and did then and
there declare the same to be her last will and testament in
our presence and that we then and there, at her request, did
as attesting witnesses subscribe said will in her presence and
in the presence of each other, and that she then was, to the
best of our knowledge and belief of full and lawful age and
of sound mind and memory, and that we make this affidavit
at her request.
In witness whereof we have hereunto set our hands this
13th day of March 1897 at said New Haven.
J. Walcott Thompson
Roger A. Townshend
Henry C. White

 12 
State of Connecticut | ^^^ ^^^^ ^^^ ^^ ^^^^^ ^g
New Haven County )
Personally appeared J. Walcott Thompson Roger A.
Townshend and Henry C. White, signers of the foregoing
affidavit and made solemn oath to the truth of the statements
therein contained, before me,
WM. A. WRIGHT
Notary Public.

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