A Queer Will

courtesy of nedbixler - Ancestry

Ann Eliza Graves was the older sister of Ellen Josephine Graves, and the daughter of Joshua Bradley Graves & Ann Eliza Rosekrans.

Ann Eliza Graves married Henry Dwight Birdsall, the son of Michael Calkins Birdsall & Wealthy Webster ~~ I love her first name!

Ann & Henry had 4 children - Annie Harriet, Caroline Josephine, Charlotte Augusta & Walter Dwight; Anna died in 1909 after Henry died in 1896.

But his will - it was so surprising it made the papers!

Let's start with the obits .... 

New York Herald, Sun, 15 Aug 1909
Mrs Anna Eliza Birdsall, widow of Henry D Birdsall, formerly a lawyer of Brooklyn, who died at her home in Stamford last week, was a native of Middletown, the daughter of Bradley Graves.  She was seventy-one years old.  She was an author and inventor.  She is survived by two daughters, Mrs John Graham Millar of New York City and Mrs Edward Irving Williams of Brooklyn.

courtesy of Lisa Jacobs - Find A Grave

The Brooklyn Daily Eagle, Mon, 1 Jun 1896
Henry D Birdsall, for many years a lawyer at 115 Broadway, in the eastern district, died of cerebral apoplexy at his home, 150 Taylor Street, yesterday morning, at 8 o'clock. Mr Birdsall was taken ill early last winter, and for a few months was unable to leave the house. In the spring he partially recovered his health and for the past few months had been able to attend to his law practice on Broadway, although he never fully regained his former vigor. A week ago he became seriously ill again and up to his death, was attended by his son-in-law, Dr Charles C Osborne of New York City. He is survived by three daughters, all married, Mrs J G Millar of Stamford, Conn; Mrs Osbrone, and Mrs E E Williams of Brooklyn, and one son, Walter Dwight, who is a student of law and will probably succeed to his father's business. The funeral service will be held at Mr Birdsall's late residence tomorrow evening at 8 o'clock and will be conducted by the Rev Dr S M Haskins of St Mark's Church, Bedford Avenue and South Fifth Street. The interment will take place Wednesday at Westfield, Conn, where the family has a plot. For many years Mr Birdsall had been prominent in Brooklyn politics. From his calling and from the fact that he once ran for a local judgeship, and was defeated by, as it was claimed, one ballot, he was generally called Judge Birdsall. In the practice of his profession, the most celebrated case in which the late Mr Birdsall was engaged was a breach of promise suit - Homan vs Earle. Mr Birdsall appeared for the plaintiff and secured a verdict, including costs, amounting to $20,000. It is acknowledged by members of the legal profession that certain amendments made in the law soon after regarding declaration of intention to marry were due to Mr Bridsall's work in this celebrate case. Mr Bridsall showed the court that while the defendant did not say to the plaintiff in so many words "Will you be my wife?", his actions really constituted a declaration of intention to marry. In business and social life, Mr Birdsall was known for his uprightness and generosity. A trait of his was generosity toward newsboys, and not a few of them in the eastern district are indebted to Mr Birdsall for caps, shoes or overcoats when they most needed them. As a politician, he was not successful. He stood for the assembly on one occasion but was defeated. His want of ultimate success was attributed by many of his friends to his avowed determination not to work for the machine. Mr Birdsall was born in Otego, Otsego County, NY in 1827. At the age of 16 he taught school in his native town, and at 23 graduated from the Franklin College. At 24 he came to this city, where he immediately took up the practice of the law. His mother was a Webster and a first cousin of Daniel Webster. The late Mr Birdsall was thus a second cousin of the great statesman.

Now have a look at his will - it's the third request and the newspaper article....

It is strange to specifically exclude children before they were ever born! 

But why? 

The date of the will was Dec 10, 1861 - 8 months after he was married, 8 months after the start of the Civil War and BEFORE he had any children.  

Did he want to ensure his wife would be well taken care of and not pawned off somewhere to be forgotten? Perhaps he knew he would help establish his children's security & success while he was alive so there would be no need to include them. 

OR given that she wasn't even pregnant in the 8 months since the marriage something else was behind it?  Their first child wasn't born until 1864?