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John Budd - 1753
Last Will and Testament

 

    In the name of God Amen.  I, John Budd of Southold in the County of Suffolk in the Colony of New York being weak in body but of sound mind and memory and calling to mind the uncertain Estate of this Transitory World do make and ordain this my Last Will and Testament in manner and form following:

First     I give bequeath and devise to my son John Budd all those lands tenements and (hereditaments?) which I now improve situate in Southold aforesaid between Mill Creek and the Town Plot to have and to hold to him and the male  heirs of his body begotten or to be begotten and for want of such to my son Benjamin Budd and the male heirs of his body begotten or to be begotten and for want of each to my son Asa Budd and the male heirs of his body begotten or to be begotten and for want of such to the right heirs of me the testator for over paying therefore yearly and every year to my son William Budd the sum of five pounds New York money on the twenty fifth day of March for and during the term of ten years if he my said son William so long shall live and in case failure should happen to be made in the payment of the said sum to my said son William as above directed for the space of three months then I do hereby will order and direct that my said son William shall have and improve so much of my said lands as shall be equivalent to the money to be paid him anything herein to the contrary notwithstanding.

Item    I give bequeath and devise to my son Benjamin all my lands tenements and (hereditaments?)  situate in Southold aforesaid at a place called Hog Neck to have and to hold to him and the heirs males of his body begotten or to be begotten and for want of such to my son John and the heirs males of his body begotten or to be begotten and for want of such to my son Asa and the heirs males of his body begotten or to be begotten and for want of such to the right heirs of my the Testator forever.

Item    I give bequeath and devise to my son Asa all my lands tenements and hereditaments at Brookhaven in the County aforesaid to have and to hold to him his heirs and assigns forever.

Item    I will order and direct that my Executors hereafter named do sell and dispose of my moveable Estate at public vendue except my negro boy who I give to my daughter Jemima.

Item    I give and bequeath to my son Benjamin twenty pounds New York money for and towards finishing a house on my land in Hog Neck aforesaid.

Item    All the rest residue and remainder of my personal Estate as well the produce of my moveable estate aforesaid as my credits I give and bequeath to my six daughters namely Hannah Moore, Mehitabel Trithill, Anne Corsmer, Rhoda Youngs, Mary Dimond, and Jamima Reed equally to be divided amongst them share and share alike.

Lastly    I constitute and appoint my son John Budd and my brother Joshua Budd Executor of this my last will and testament desiring the same may be performed according to my true intent and meaning.

In Witness whereof I have hereunto set my hand and seal the seventh day of February in the year of Our Lord one thousand seven hundred and fifty three.
(signed)  John Budd (Ls)


Signed sealed published and declared by the aforesaid John Budd the Testator as and for his Last Will and Testament in the presence of us, Silvanus Davis, Nathan Haines, W. Nicoll, Suffolk County SS.

Be it remembered that on the twelfth day of January 1754 personally came and appeared before me, Elijah Hutchinson, Surrogate of the said County Silvanus Davis and Nathan Hains of Suffolk County in the Town of Southold and being duly sworn on their oaths declared that they and each of them did see John Budd sign and seal the within written Instrument purporting to be the will and the said John Budd bearing date the seventh day of February one thousand seven hundred and fifty three and heard him publish and declare the same to be and certain his last will and testament that at the time thereof he the said John Budd was of sound disposing mind and memory to the best of the knowledge and belief of them the deponents and that their names subscribed to the said will are of their respective proper hands writing which they subscribed as witness to the said will in the testators presence and that they the deponents saw William Nicol the other witness to the said will subscribe his name as a witness thereto in the testators presence.
(signed) Elijah Hutchinson, Surrogate


    James DeLancy Esqr. his Majesty's Lieutenant Governor and Commander in Chief in and over the Province of New York and the Territories depending thereon in America.  To all o whom these presents shall come or may concern Greeting Know ye that at Suffolk County on the twelfth day of January last before Elijah Hutchinson, Esqr. being thereunto delegated and appointed the Last Will and Testament of John Budd deceased a copy whereof is hereunto annexed was proved and now approved and allowed of by me; The said deceased having whilst he lived and at the time o his death Goods Chattels and Credits within the province by means whereof the proving and Registering the said Will and the Granting administration of all and singular the said goods chattels and credits and also the auditing allowing and final discharging the account thereof doth belong unto me: And that Administration of all and singular the goods chattels and credits of the said deceased and any way concerning his will was Granted unto John Budd and Joshua Budd the Executors in the said Will named being first sworn well and faithfully to administer the same and to make and Exhibit a True and perfect Inventory of all and Singular the said goods chattels and credits and also to render a just and true account thereof when thereunto required.

    In Testimony whereof I have caused the prerogative seal of the province of New York to be hereunto affixed the twenty first day of February one thousand seven hundred and fifty four.
(signed) Geo. Banyar, Desecry (Exr.)  ?

 


Carrie Smith.
Copyright 2004 [Family Tracks]. All rights reserved.
Revised: 05/15/12.