Codicils Two and Three for Merritt Howell Jr.

If you have been following the Life of Merritt Howell Jr., and the  Will of Merritt Howell Jr., you know there were Three Codicils to his Will.  The First Codicil for Merritt Howell Jr. was previously presented and discussed.  We can see and understand the reason for several of the changes to the original Will. What can we learn from the last two Codicils that follow:

Second Codicil (11 November 1857)

(click on image to enlarge)

Transcription: 
Whereas I, Meritt Howell of the town of Riverhead in Suffolk County have made my last will and testament I hereby give and bequeath to be equally divided among my said seven children, Fanny B., Hampton F., Betsey, Sally, Harriet, Francis and Jemima (the children of Jemima to take together the same share their mother would have taken if living) all my personal property including money notes and stock, except household furniture after paying my just debts and the legacy given by my Codicil to the American Board of Commissioners for Foreign Missions, and except the notes I hold against John K. Smith and Hallock Edwards decd [deceased] which are given away by my said will_
I hereby appoint my son Hampton F. Howell and Sylvester Hallock my son in law Executors of my said will and of this Codicil and I hereby substitute the said Hampton F. Howell and Sylvester Hallock in the place of my daughter Sally Edwards as Trustees of the lands given by my said Will and Codicil for the use of my grandson Elbert H. Edwards and it is my will that they shall take the said lands with the same powers & for the same purposes (&subject to the same legacy to the said Sally Edwards might have taken them under the said Codicil, and that they shall furnish the said Elbert a house and support and ordinary schooling till 21 years old (unless he shall sooner marry) out of the income of such property_And I hereby annul so much of said Will & Codicil as gives to Sally Edwards any fire wood or cordwood out of said lands_ I desire that this Codicil may be annexed to & taken as a part of my said last will and testament as aforesaid to all intents & purposes_ In witness whereof I have hereunto set my hand & seal this eleventh day of November one thousand eight hundred and fifty seven_
                                                                                                         Merritt Howell L.S.

Signed sealed published & declared by the said Merritt Howell as & for the Second Codicil to his last will & testament in presence & in the presence of each other have signed our names as witnesses-
     James H. Tuthill residing in Riverhead in Suffolk County
     Sylvester Miller residing in Riverhead in Suffolk County


Some thoughts and questions:

• Daughter Jemima (my 3^rd great grandmother) died 22 October 1857 only weeks before this Codicil was written.
• In the original Will Merritt’s wife Elenor and only son Hampton were listed as Executors. In Codicil One Elenor has passed away and no one is mentioned as Executor except his son Hampton. Now in Codicil Two Merritt lists Hampton again and adds his son-in-law Sylvester Hallock as Executor. Why did he decide to add his son-in-law Sylvester Hallock (Frances' husband) as an Executor? Why not add one of his other son-in-laws?
• What happened with Sally and why did he make these changes?  Why did he no longer what her to be trustee for her son?  Is it because she remarried?
• Now in this Codicil he adds his personal property to his Will and divides it equally among his living children but also includes the children of his deceased daughter Jemima.

Third Codicil (24 November 1857)

Transcription:
I, Merritt Howell, hereby make this third Codicil to my last will and to testament by which Codicil I hereby give and bequeath to the children of my deceased daughter Jemima Howell all the notes I hold against my son in law Daniel Howell to be divided equally between them share and share alike, which notes are to be executed from the personal property bequeathed by my second Codicil bearing date the eleventh day of November 1857, and this bequest is not to affect the share of the said children in the other personal estate given them by the said second Codicil_In witness whereof I have hereunto set my hand and seal this twenty fourth day of November one thousand eight hundred and fifty seven_ his

                                                                                                              Merritt Howell L.S.


Signed sealed published and declared by the said Merritt Howell as & for the third Codicil to his last will and testament in presence of us who at his request & in his presence & in the presence of each other have signed our names as witnesses_
     James H. Tuthill residing in Riverhead in Suffolk County
     Joshua L. Wells residing in Riverhead in Suffolk County


Some thoughts and questions:

• This Codicil is dated 13 days after the 2^nd Codicil.
• This Codicil only relates to the death of Merritt’s daughter Jemima (my 3^rd great grandmother) and the ‘Notes’ Merritt holds against Jemima’s husband Daniel Howell. I wonder if Merritt didn’t feel he had been explicit enough in the 2^nd Codicil about dispersing what he had given to Jemima previously as now going to her children upon her death?
• Joshua L. Wells was a witness for the original Will also. James H. Tuthill was a witness for all three Codicil.
• Merritt would die on 10 days after this Codicil was written.  Looking at the events occurring in Merritt's life during the time of the original Will and the Codicils tells me more about what he was thinking at the time.  While there are still unanswered questions I feel like I know more about Merritt then I did before I reviewed his Will and the Codicils.  I also learned valuable information on who his daughters married and their children's names.  What a wealth of information!

If you have any corrections or additions or stories to share I look forward to hearing them.
Enjoy the journey,
Debby