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Underhill Budd - 1755
Last Will and Testament

In the name of God Amen.  This tenth day of May in the year of our Lord 1755 Underhill Budd of Mamaroneck in the County of Westchester and Province of New York being weak in body but of sound and disposing mind and memory for which God be thanked calling to mind that6 its appointed unto man once to dye and after that the judgment do make ordain and appoint this my last will and testament in the following manner viz.

Principally and first of all commending my soul into the hands of God who gave it and my body o the earth to be buried in a decent Christian manner at the discretion of my executors hereinafter named in hopes of a glorious resurrection at the last day by Gods Almighty power and as touching that portion of worldly estate which which it hath pleased God to bless me  I will devise and bequeath the same as followeth:

Imprimis    I will and order that my just debts and funeral charges and expenses of proving this will be paid by my executors out of my moveable estate.

Item    I give and bequeath to my loving wife Sarah Budd one bed and furniture at her choice out of those in the house.  One horse and sidesaddle.  One hundred pounds current money of New York and one equal fourth part of all my moveable estate or the produce by sale thereof after the above payments and all such particular legacies out of the same as shall be herein expressed and given.  I also give and bequeath unto my said loving wife the use of my now dwelling house and all my estate in lands untill my son Gilbert arrives to the age o twenty one years provided she remains my widow so long and out of the profits of said lands and house she shall be at all the expence of maintaining and educating my said son Gilbert and to give him good learning and education until he arrives at that age unless she shall marry again before my said son arrives to the age of twenty one years in which case it is my will and order that the use and profits of my house and lands shall accrue to the benefit of my son after the remarriage of my widow out of which his maintenance and learning to be provided for.

Item    I give devise and bequeath unto my son Gilbert Budd his heirs and assigns for eve all my house and lands in reversion to be at his use and disposal when he comes to the age of twenty one years and for his benefit at the death or remarriage of his mother if either of them shall be sooner but if it shall please God to take away by death my said son before he comes to the full age above I will and appoint that all my houses and lands shall be sold by my executors whose deed or deeds shall be a good title to the purchaser or purchasers their heirs and assigns for ever and I will and appoint the money arising by such sale or sales shall be equally divided between my wife  and my three daughters or the then survivors of them in case either of them shall die sooner.

Item    I will and bequeath unto my said son Gilbert Budd thirty five pounds out of my moveable estate to be out at interest for his use to purchase a negro when he comes to enjoy his estate also I give and devise unto my said son all my wearing apparel, my gun, sword, and cane, and a horse of fourteen pounds value with a bridle and saddle.

Item    I give and devise unto my loving daughter Sarah wife of Andrew Lyon over and above what I have provided already for her out set and shall bestow upon her in my life time forty pounds current money of New York to be out of the moveable estate before division and also one equal fourth part of all my moveable estate or the produce by sale thereof after payments of debts and particular legacies as exprest above in the bequest to my wife.

Item    I give and bequeath unto my loving daughter Thamar Budd one equal fourth part of all my moveables or produce thereof after payment of debts and legacies as expessed above.

Item    I give and bequeath unto my loving daughter Mary Budd a like equal fourth art of all my moveables after payments of debts and legacies as above expressed and it is my will that the shares above bequeathed to my daughters Thamar and Mary shall be and remain in the possession and use of my widow untill my said daughters respectively arrive at the age of eighteen years or marry which shall happen soonest and if either or both of them shall die before the time for receiving their portions it is my will that such share or shares so lapsing shall be equally divide between my wife and son and other daughters or the survivors of them.

Lastly    I do hereby nominate and appoint my loving wife Sarah Budd and Captain John Gidney of the manor of Scarsdole to be Executors of this my will and Testament hereby revoking and disallowing all former wills and executors by me nominated and declaring this only to be my last will and testament.

In Witness whereof I have hereunto set my hand and seal the day and year first above written
(signed)  Underhill Budd

Signed Sealed published and pronounced by the said Underhill Budd to be his last will in presence of James Horton, F. Wetmore, Anne Griffin.
Westchester County SS.  Be it remembered that on the thirty first day of May in the year of our Lord one thousand seven hundred and fifty five.  Personally came and appeared before me John Bartow Surrogate of the said county the Reverend Mr. James Wetmore of the same county clerk and James Horton of the same place yeoman and being dully sworn on their oaths declared that they and each of them did see Underhill Budd sign and seal the within written instrument purporting to be the will of the said Underhill Budd bearing date the tenth day of May 1755 and heard him publish and declare the same to be and contain his last will and testament that at the time thereof he the said Underhill 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 hand writings which they subscribed as witnesses to the said will in the testators presence and that they the deponents saw Ann Griffin the other witness to the said will subscribe her name as a witness thereto in the testators presence.
(signed) John Bartow,  Surrogate

James DeLancey 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 and Vice Admiral these presents shall come as may concern Greeting, Know ye that at Westchester County on the thirty first day of May last before John Bartow Esqr. being thereunto delegated and appointed the last will and testament of Underhill Budd deceased (a copy whereof is hereunto annexed) was proved and now appointed and allowed of by me: The said deceased having whilst he lived and at the time of his death goods chattels and credits within this 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 and chattels and credits of the said deceased and any way concerning his will was granted unto Sarah Budd and John Gidney the Executors in the Executors in the said will named being first sworn well and faithfully to administer the same and to make and to make and exhibit a true and perfect inventory of all an singular the said good chattels and edits 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 first day of July one thousand seven hundred and fifty five.
(signed) Gro. Banyar - Defecry
 


Carrie Smith.
Copyright 2004 [Family Tracks]. All rights reserved.
Revised: 11/29/07.