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Joseph Budd - 1722
Last Will and Testament

In the name of god Amen the twenty seventh day of May in the eighth year of the Reign of our Sovereign Lord George over Great Britain, France, and the Lord King Defender of the Faith (?) (?) one thousand seven hundred and twenty two I, Joseph Budd of Rye in the County of Westchester and Province of New York, Esqr. being sick and weak in body but of good and perfect memory thanks be to Almighty God and considering the uncertainty of this transitory life Do make ordain constitute and declare this my last will and testament in manner and form following: (that is to say)

First    being penitent and sorry for my sins past most humbly desiring forgiveness of the same I give and commit my soul unto Almighty God my Savoir and Redeemer in whom and by the merits of Jesus Christ I trust and believe (aparedly?) to be saved and that my soul with my body at the Generall Resurrection shall rise again with Joy and through the merrits of Christ death and passion possess and inherit the Kingdom of Heaven and my body to be buryed at the discretion of my Executors hereafter named and for the settling of such my temporall Estate and such goods chattells and debts as it hath pleased God to Bestow upon me.  I do order give and dispose of the same in manner and form follows. (that is to say)

Imprimis    I do will and order that all such jest debts as I owe to any person or persons and my funerall charges be paid within convenient time after my decease by my Executors hereafter named out of my personal Estate.

Item    I do will and bequeath unto my beloved wife Sarah Budd the use, benefit, and increase of one half of my now dwelling house and of all  my barns stables and buildings belonging thereunto and by me used therewith and also one third of all and singular my land meadows pastures and orchards and appurtenances thereunto belonging which are situate in Rye aforesaid on the west side of the Blind Brooke between Westchester Old road (Sound?) as also of one certain piece of land to the Northward of Westchester Old Road lying between the lands of (Collcabb?) Heartford deceased and John Horton excepting only (3 words?) the piece of salt meadow hereafter named (?)  All my salt meadows on the east side of a certain (ditch?) at the going onto the Little Neck (3 words?) down from the (?) meadows thru the salt meadows and so (?) Little Neck Creek as also all my salt meadows on the South side of the Little Neck. As also as excepted and reserved all that my (?) of salt meadows lying at the place called the hole at the West end of said Little Neck for and until my son John Budd shall attain to the age of thirty yeas if she shall so long remain my widow.  But if she shall marry before he attains to said age then she shall enjoy the one third and half of the lands and (premises?) as above mentioned only until she shall marry again.

Item    I do will and bequeath unto my son John Budd to his use and his heirs and assigns forever the other two thirds of all my land, meadows, pastures, and orchards above or before mentioned.  Only excepting and Reserving out of his grant all the three several pieces of Salt Meadow herein before excepted and reserved and also I do bequeath unto my said son John Budd the other half of my dwelling house together with all and singular the buildings thereunto belonging to his use and to his heirs and assigns forever.  He my said son John Budd paying in consideration thereof or incase of his death that his heirs executor or administrator shall pay in consideration thereof the following Legacie (?). Ten pounds current money of New York to my son Joseph Budd when my said son Joseph Attains to the age of twenty one yeas.  Ten pounds like money to my son Elisha when he arrives at the age of twenty one years.  Ten pounds of like money to my son Underhill when he attains to the age of twenty one years and also one other ten pounds of like currant money to my son Gilbert Budd when my said son Gilbert Budd shall attain to the full age of twenty on years.

Item    I do will and bequeath unto my said son John Budd and to his heirs and assigns forever from and after he shall attain to the age of thirty  years or from the remarriage of my now wife Sarah Budd if she shall marry again before he attain to the said age of thirty years  the half of my house and all my buildings and the third of all the lands and (premises?) which I above and before bequeathed unto my said wife for and until my said son John shall attain to the age of thirty years or until she shall remarry.

Item    I do will and bequeath unto my son Joseph Budd from and after he shall attain to the age of twenty one years and to his heirs and assigns forever all my salt meadow on the east side of a certain ditch at eh going on to the Little Neck which ditch (rise?) from the Fresh meadow down into Little Neck Creek and also all that my certain piece of land lying on Couseway Ridge in the White Plains purchase as same by is bounded by marked trees and also ten pounds current money of New York as ordered before herein to be paid him by my son John Budd or his heirs, Executor or administrators.

Item    I do will and bequeath unto my son Elisha Budd from and after he shall attain to the age of twenty one years and to his heirs and assigns forever all that salt meadow on the south side of the Little Neck and all and singular my other land lying on the White Plain purchase in any part and part thereof and also ten pounds as before herein ordered to be paid him by my son John Budd his heirs executor or administrators.

Item    I do will and order that immediately after my decease my sons Joseph and Elisha may take possession of and make use of the land and meadows above to them given.

Item    I do will and bequeath unto my son Underhill Budd all that my piece of salt meadow lying at a place called the Hole on the west side of the Little Neck before mentioned and also ten pounds as before ordered to be paid him by my son John Budd his heirs, Executors or administrators the which said piece of salt meadow and the said sum of ten pounds shall be to the use of my said Underhill and to the use of his heirs and assigns forever.

Item    I do will and order my executors hereafter named do sell all and singular my lands and meadows situate lying and being in the township of Rye on the east side of blind Brook and the money arising from the sale thereof to be put on to the use for the benefit of my son Gilbert Budd and that my said son Gilbert shall be brought a part o the profits thereof and that the principal and remainder of the profits if any shall be shall be paid to my said son Gilbert Budd when he arrives at the age of twenty one yeas and I do here confirm any deed or deeds which my executors they give for said lands and meadows.

Item    I do will and order that (?) (?) my sons Joseph, Elisha, Underhill, or Gilbert Budd or any of them shall decease before he or they shall  attain to the age of twenty one years (3 lines unreadable) equally divided among my  (line unreadable)  their heirs and assigns forever. (4 lines unreadable)

Item    I do will and bequeath unto my beloved wife Sarah Budd the one third part of all and singular the personal estate the which she shall have liberty to take anything as she choose at the price as they shall be appraised in the inventory to be taken after (?) until she shall one third of (?) (?) o be to the use of her her heirs and assigns forever.

Item    I do give and bequeath to my daughter (Tamar Putmer?) her herirs and assigns one cow and (?) sheep.

Item    I will and order that my executor sell all the remainder of my personal estate and the money arising therefrom to be put out to the use for the equally profit and use of my four daughters, Sarah, Ann, Tamar, and Mary Budd that they shall be maintained out of the profits thereof til they attain eighteen years of age each of them and that as each of my said daughters shall attain to said age of eighteen years y executors shall pay to them and to each of them one equal fourth part of my personal estate as aforesaid and o the remainder of the profits if any shall be.

Item    I will and order that if any of my four daughters Sarah, Ann, Tamar, or Mary shall decease before they attain to eighteen years of age the money hereby given them that shall decease shall be divided equally among all my surviving daughters.

Lastly    I do will and appoint my beloved wife Sarah Budd, John Stevensen of Westchester and Samuel Purdy to be the executrix and executors jointly of this my last will and testament in witness whereby I have hereunto set my hand and seal the   Day and date faithfully written.

(signed) Joseph Budd

(**Following the will is a document annexing and approving the will and approving Sarah Budd, Samuel Purdy, and John Stevensen as executrix and executors of the will.  It orders them to make inventory on or before 28th day of December next.  This document is dated 28th day of June A. D. 1722.  Signed Is. Babon.  Except for this little bit of information the document is unreadable.)


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