Abstracts of unrecorded wills prior to 1790 on file in the Surrogate's Office, City of New York, Volume XI, Part 9

Author: Pelletreau, William S. (William Smith), 1840-1918
Publication date: 1903
Publisher: New York, [N.Y.]: Printed for the Society
Number of Pages: 60


USA > New York > New York City > Abstracts of unrecorded wills prior to 1790 on file in the Surrogate's Office, City of New York, Volume XI > Part 9


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UNRECORDED WILLS.


6 acres. Also a piece of salt meadow, lying near Tews Neck. Bounded north by meadow of Richard Law- rence, and west, soutb, and east by Flushing Creek, and two small creeks passing out of said creek, Being 10 acres. I also leave her all my personal estate and she is to pay all of the following legacies, namely, I leave to Josepb Rodman, Thomas Farrington, and Samuel Bowne, £100, in trust for ye use of ye l'oor amongst Friends (commonly called Quakers) in ye Province of New York. To be paid after the marriage of my wife, or witbin one year after her decease. And the said sum is to be put at interest for the said Poor, and to be continued at interest forever. I give to the said Thomas Farrington (viz., bim called Town Thomas), £25, to be paid at the same time and manuer. I leave to my beloved brother, John Cowperthwait, all my wearing apparell, and my riding mare and saddle, and £10, to be paid as soon as convenient. I leave to my beloved cousin, Hugb Cowperthwait, £200, to be paid within one year. I leave to my cousin, Elizabeth Shotwell, £100, and to her daughter Elizabeth, £15, and to all the rest of her children, each £10. I leave to my cousin, Susanna Webster, £100, and to her chil- dren, £8 each. I leave to my cousin, Abram Shot- well, my youngest mare. " Also George Fox Doctrinal Book, and one of William Sewels Historys." I leave to my cousin, Ambrose Copland, £50, and to bis son, Cowpertbwait Copland, £12, 10s., and to bis two daughters, Sarah and Elizabeth, each £5. All to be put at interest, and paid to the children when of age. I leave to my brother, James Mott, the works of Isaac Pennington. I leave to Richard Seaman, one of Bar- clay's Apologies, and £5. I leave to Richard Hallett, £5. I leave to Nathaniel Seaman, onc of Barclay's Apologies. I leave to John Rodman, "George Fox, his Great Mystery, and Books of Epistles." I leave to Silas Titus, William Penn's No Cross No Crown." I leave to Hannah Ryder, my Sewel's History, in three parts. I leave to my beloved brother, John Way, £5.


UNRECORDED WILLS. 111


Contained in a Book lately purchased of William Brad- ford." I leave to my son James, a gun which was pur- chased of Armstrong, and my Beetle and wedges. And my son, Israel Moore, sball pay to my son James, £20, in four years. I also leave to my son James, £5, to bc paid by my son Micah. I leave to my son Israel, my dwelling house, and orchard, and also a lot of land adjoining to my orchard to the north, with all the buildings. Bonnded south by the street, west by land formerly of Samuel Derby and Thomas Young, north by my own land, divided by a cross fence, and east by land in the occupation of the widow Petty, and partly by land left to my sou Benjamin. I also leave him one half of my land lying at the North Side, bounded east by the road, northi by Thomas Reeve, west by the road, south partly by Jolin Corwin, partly by Nathaniel Moore, deceased. The east side of said lot I leave to my son, Israel Moore. I leave to my son Micah, all the rest of my lands, and the west part of my North Side land. I leave to my daughters, Rachel and Abigail, each a bed, with all bedding. I leave to my daughter, Anna Cleveland, a large pewter dish, and pewter plat- ter. My executors are to sell the land held in part- nersbip between me and Samuel Derby. I make my wife and my son-in-law, Ichabod Cleveland, and my son Israel, executors.


Dated February 17, 1727. Witnesses, Charles Gil- lam, Benjamin Woolly, Henry King. Proved, March 26, 1730.


In the name of God, Amen. February 27, 1769. I, SOLOMON WELLS, of the town of Southold, Suffolk County, yeoman, being sick and weak. I leave to my of John Pell, Jr., and to all the children of my de- wife Esther, the use of all my lands and houses, so long ceased danghter, Martha, wife of Caleb Hnisted. My as she remains my widow, and no longer. I leave to executors are to sell all my personal estate at publick my three children, David, Esther, and Elizabeth, all vendue, and pay debts and legacies. After my wife's decease, my executors are to sell all my real estate, my lands and meadows, after my wife's interest is ended. If all three of my children die, I leave all my and to pay to my eldest son, Peter Totten, 5 sbillings. Rnd I make her executor. said lands to my daughters, Bethial Terry, Mchitabel To the children of my deceased son. Gilbert Totten,


UNRECORDED WILLS. 100


To my cousin, Edward Burling, Jr., £5. To my cousin, William Burling, Jr., £5. I leave to iny be- loved brothers, Edward Burling and William Burling, and to my trusty and beloved friends, Samnel Bowne and John Ryder, each £5, in consideration of the trouhle they are likely to have, in execnting my will. If my wife should marry, she shall give security for the sum left to the l'oor. I make my two brothers, Edward and William Burling, and my said friends, Samuel Bowne and John Ryder, and my wife Grace, executors.


Dated this 28 day of the second month, called April, 1730. Witnesses, John Clemmeut, John Bowne, Rich- ard Cornell, Daniel Humphrey. (All except John Clemment were Qnakers.) Proved, June 3, 1730.


[NOTE .- The seal attached to the signature of the testator has H. C. impressed on it. The term " cous- ins " in the will probably means nephews and nieces. The books mentioned were all noted works, written in defence of the Quakers and their doctrines .- W. S. P.]


In the name of God, Amen. March 4, 1728. I, Hr- BEAT VANDEAREAOH, of New York, carman, being sick. All debts and funcral expenses to be paid. I leave to my eldest daughter, Elizabeth, my Great Bible, for priority of birth. All the rest of my estate, houses. and lands, I leave to my wife Mary, during her life. provided she so long continues my widow. If she marries, she is to have the nse of one third. All the rest I leave to my three daughters, Elizabeth, Tuentie, and Mary. I make my wife executor.


Witnesses, Edward Man, Edward Pennant, Pieter - (illegible). Proved, May 26, 1730.


I, WILLIAM FAASHEA, of the Patting Ship (Patent ship) of Moriches, in Suffolk County, laborer, being in a weak and low condition. 1 make my trusty and well beloved friends, John Mackie and Nathaniel Smith. executors, to take care of my estate as followeth. " 1


112 UNRECORDED WILLS.


Fanning, and Hannah Wells. I leave to my daughters, Bethiah Terry, Mehitabel Fanning, aud Hannah Wells, of my son Daniel. I leave to my son Joseph, £200. cach £200, York money, and to my wife, £50. My wife shall take into ber hands all my movable estate, and after debts and funeral expenses are paid, she shall give to my daughter Hannah, snch honsebold goods and furniture as she shall tbink proper, and the rest to my children, David, Esther, and Elizabeth. I make my wife, and Benjamin Wells, and Phinehas Fanning, executors.


Witnesses, Jobn Wells, Joshua Benjamin, Abigail Benjamin. Proved before Jared Langdon, Surrogate, December 25, 1769.


In the name of God, Amen. I, RICHARD VAN DYCK, of New York, merchant, being at present sick. I leave to my wife Elizabeth and my son Henry, all my lands and tenements, to them and their beirs and assigns as tennants in common. And also all my personal estate, and I make them and Benjamin Kissam, of New York, Attorney at Law, executors.


Dated May 21, 1770. Witnesses, Richard Kip, cooper, Johanes Quackenbos, Richard Parkin. Proved, July 21, 1770.


In the name of God, Amen. April 10, 1766. I, PETER TOTTEN, of Rye, in King street, in Westchester County, farmer, being in good health. I do first and foremost order all my jnst debts to be paid, and funeral charges, and charges of settling my estate, to be paid by my executors. All the rest of my personal estate I leave to my son Daniel and my daughters, Jean Dnsenbnry, Phehe, wife of Richard Barnes, Mary, wife


110 UNRECORDED WILLA.


leave to my wife Jermermer (Jemima), my Indian gearl, called Ester, and one third of my movable estate. I leave to my daughter Phebe, my Indian gearl, called Mol, and my young Ron (roan) mayr. I leave to my son Daniel, my young gray mayr colt. To my daughter Hannah, 10 sheep. To my danghter Abigail, 10 sheep. All the rest to my children."


Dated April 27, 1727. Witnesses, Jobn Wool, Gabriel Luff, Jr. Proved, April 2, 1730.


In the name of God, Amen. I, BENJAMIN MOORE, of the town of Southold, Suffolk County, Gentleman, being sick and weak. I leave to my wife Abigail, the use of all my lands, during her natural life, if she con- tinues my widow, except the lands hereafter men- tioned. But if she marries, she shall have as the Law directs. I leave to my wife all my movahle estate, during her widowhood, and she has power to give to my nnmarried daughters, Rachel and Abigail, as she shall think fit, and also to my daughter, Anna Cleve- land. I leave to my son Benjamin, the house where he now lives, and the land thereto appertaining, and bounded southerly by the street, east hy my own land, now in possession of the widow Petty, north by a cross. fence, at the north end of my orchard, and to extend west so far as the east end of my garden. I also leave to my son Benjamin, a deht which he oweth me, and I do acquit him from all debts due to me from the be- ginning of the World, to the date of these Presents. I leave to my son Matthew, all my land lying in Hal- locks Neck, containing 9 Lots, bounded partly by Will- iam Wells, partly by road, partly hy Captain Reeve, partly by Benjamin Reeve, and partly by land in the possession of Benjamin Woolly, and partly by the creek. Also a piece of land commonly called Lotts orchard, bonnded partly by a lane, partly by the street, partly by Benjamin L'Hommedieu, and partly hy land in possession of Joseph Moore. I also leave him a gun. now in his possession. " And ye Acts of Assembly,


UNRECORDED WILLS. 113


£300, and £60 which my son Gilbert paid for the nse


To my son Daniel, £140. The rest to all my children. then living, and the children of those who are dead. " And whereas before the date of this will I have given two deeds of gift to my sons, Gilbert and Joseph, for all my lands which I possessed at the time, which I should not bave done, of my own free will, but was over persuaded to give the said deeds, wbich ever since has much troubled my mind. by reason it did not do equal justice between my children. And I do hereby, as much as in me lies, disallow and revoke the said two deeds of gift, and I desire that no Court of Law or eqnity shall allow tbem." I make my sons, Peter, Joseph, and Daniel, executors.


Witnesses, Jonathan Miller. James Brundige, Caleb Fowler. Proved, May 29, 1770.


In the name of God. Amen. I. DAVID PROVOOST, Of New York, boatman. July 21, 1756. I leave to my wife Christiana, all my real and personal estate, dor- ing the time she remains my widow. To enjoy the use and profits as she shall think fit and convenient. But if she marries, she is to have such a part of my estate as the Law will justly allow her. All the rest of my estate, I leave to my well beloved sens, Peter Praa Provoost, Daniel, and Jonathan, and my daughter, Catharine Ruw. I make my wife and children exec- utors.


Witnesses, Ahasnerus Turck, Johanes Kool, Law- rence Wessels, baker.


Endorsed " No Probate granted on this will." On another part of the page is written, " Proved, March 15, 1770, before John Bowles."


In the name of God, Amen. I. JOHN CRAIO, of New York, mariner. I leave to my wife Ledea, all my estate and all and everything that may or is belonging to me,


January 26, 1763. Witnesses, Samuel Donald,


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114 UNRECORDED WILLS.


Thomas Poole, innholder, Jean Poole. Proved, May 19, 1765.


[NOTE .- This will is written on a printed form, and 1751. a power of attorney on a printed form is attached .- W. S. P.]


In the name of God, Amen. I, THOMAS HODOINS, of New York, late Cordwainer, hut now Leather Dresser, being sick. I leave to my wife Elizabeth, all my real and personal estate, none in the World excepted, and I make her executor.


Dated June 1, 1743. Witnesses, John Breese, Ger- ard J. Beekman, Simon Johnson. Proved, January 19, 1759.


The wife seems to have been dead at that time, and Abraham Messier, saddler, was made administrator.


In the name of God, Amen. March 28, 1751. I, DANIEL FROST, of Oyster Bay, in Queens County, Gen- tleman, being sick and weak. All dehts to be paid. I leave to my brother, Wright Frost, 10 shillings. To my brother Joseph, 10 shillings. I leave to my niece, Letitia Frost, all the lands and tenements which I bought of the executors of John Pryor. I leave to my hrother Jacob, all my right in the lands called the New Purchase. Also my horse, saddle, and bridle, and all farming utensils, and all my swine and hay. And my desk and case of hottles, and my gun, and my hone and razor. To my niece Letitia, 2 heds and all household furniture, and silver cup and spoon, and my gold sleeve buttons, and all provisions and money. To my hrother Jacob, all my wearing apparell, silver huckles, and buttons, and my hullet mould, shot mould, and spoon mould, and I make him and Benjamin Woolsey, exec- utors.


Witnesses, Samuel Bayles, Daniel Underhill, Charles Weeks.


(The signature is an illegible scrawl.)


The following affidavits are attached:


"Samnel Clowes enters a Caveat, in bebalf of


UNRECORDED WILLS. 117


account. The same amount shall be paid to each of my other children, when of age or married. The rest of my estate I leave to all my children, William, Jacoh, Thomas, Abraham, Gerard, Mary, Magdaline, and Catharine. My executors are to advance snch sums of money, as may he necessary for instructing any of my sons in such art, mystery, or calling or profession, as shall be thought proper. I make my wife Mary, and my hrother, William Walton, executors.


Dated October 14, 1749. Witnesses, James Dev- ereux, Abraham Lodge, Richard Morris. Proved in New Jersey, before Anthony White, Esq., April 19, my eldest brother, 10 shillings for an acknowledge- 1750.


Endorsed " Recorded in Secretary's office in Perth Amboy, in Book E, of Wills, Page 386."


[NOTE .- Jacob Walton, died October 17, 1749, aged Gerritsen. (Not Proved.) Both executors resigned.


47. His house was No. 128 Pearl street and lots in the rear. He married Maria, daughter of Gerard Beekman, May 14, 1726. His oldest son, William, mar- ried Mary, daughter of Governor James de Lancey. He died August 18, 1796, aged 65. The son Thomas died unmarried, May 23, 1772, aged 37. The daughter Magdalene married David Johnston. Catharine mar- ried James Thompson. This family inherited the wealth of their uncle, William Walton, whose will is in Vol. VII of this series, page 178. The ahove will is of great length and beautifully written on large sheets of paper .- W. S. P.]


In the name of God, Amen. The last will and Testa- ment of MAURICE SULLIVAN. I leave to my wife Mary, all my worldly substance, and I make her executor. I further impower her to sue John Gardner, for £8, 17s., 6d., due to me for cash lent him.


Dated December 20, 1752. Witness, Martin Jarratt. (No Probate.)


In the name of God, Amen. January 12, 1747. I, SUSANAH VAN SICKELEN, of Flatlands, in Kings Conn- ty, in the Island of Nassau, single woman, heing in


UNRECORDED WILLS. 115


Wright Frost, Jacob Frost, and Joseph Frost, hrothers of Daniel Frost, against proving this will." May 11,


William Lawrence, Practitioner in Physicks and Sur- gery, maketh oath, That he had often been called to at- tend, and administer medicine to Daniel Frost, late of Oyster Bay, deceased, and did attend him in a linger- ing distemper, and that he was much disturbed in head, memory, and understanding. That about the latter part of March last, he was desired to be a witness of his will, and went to his bouse with that intent. That Charles Weeks and some others were in the room. That the will was produced, and the said Daniel Frost, who this deponent says could write pretty well, made two scrihhles upon tbe paper, but was not at the time of sound memory or understanding, and very inclin- ahle to a lethargy, of which he dyed about a month after. And that he is clearly of the opinion, that the said Daniel Frost was not capable of making a will, and he therefore refused to be a witness thereof. Sworn May 6, 1751.


Daniel Underhill, being a known Quaker, affirmed, That at the time he was desired to he a witness to the will of Daniel Frost, dated March 28 last, he did after mnch hesitation, put his name to the same. But was very doubtful in himself concerning the same. And upon the whole, he does not helieve that the said Daniel Frost was of sound mind and memory.


Charles Weeks deposes, That he was desired to be a witness to the said will, and that Doctor Lawrence and others were present. And that said Daniel Frost did make some marks, against the Seal. And that the Doctor refused to be a witness, because he thought he was not in his right mind, and this deponent sus- pected the same. And that the executing of the will was deferred till the next day, and then the testator did execute it with the other witnesses. But that in his opinion the testator was not otherwise in respect to mind and memory, tban he was the day before.


118 UNRECORDED WILLS.


health. After my lawful debts are paid, and my funeral charges are defrayed, I leave all my real and personal estate, in Flatlands or elsewhere, to the chil- dren of my brothers and my sisters. That is to say, my estate is to he divided into six parts. And one part to the children of my hrotber Reynier, one part to the chil- dren of my brother Ferdinandus, one part to the children of my sister Margaret, one part to the chil- dren of my sister Eve, and one sixth to my sister Anne, and one sixth to my sister Cornelia. I leave to my cousin (nephew) Ferdinandus, the eldest son of ment. I make Ferdinandns Van Sickelen, Sr., and Fer- dinandus Van Sickelen, Jr., executors.


Witnesses, Lucal Voorhees, Abraham Duryee, Simon


In the name of God, Amen. I, being feeble of body and not well, and calling to mind that it is appointed for all men to die. First all dehts to be paid. I leave to my wife her equal thirds, and to live on my farm, and have ber third of the profit. I leave two thirds to my sons, Solomon and Steven. I make my wife Deborab executor. Dated May 15, 1751.


ROBERT FARRINTON.


Witnesses, Joseph Conlin, Alexander Dowell. Proved, December 6, 1751. No residence given. A small legacy to the eldest son, whose name begins with Th -- , rest illegihle.


116 UNRECORDED WILLS.


Probate was not allowed, and Wright Frost, Jacob Frost, and Daniel Underhill, were appointed Adminis- trators, and executed a bond on a printed form, May 6, 1751.


In the name of God, Amen. I, JACOB WALTON, of New York, merchant, heing at this time afflicted in Body. I direct all dehts to be paid. I leave to my wife Mary, the dwelling house and part of the lot where we now live, except the store house on the rear of the lot, and the ground whereon it stands. During the time she remains my widow. Also the use of all my plate and furniture, and my two negro women slaves. Also the full sum of £3000, for her own use, and a ne- gro boy, and all her apparell, rings, and jewels. All the rest of my real estate except the said dwelling house and lot and store house, I leave to my five sons, Will- iam, Jacob, Thomas, Abraham, and Gerard, to be divided as they can agree among theinselves, when the youngest is of age. And in the meantime, my exec- ntors are to manage, and keep the huildings in repair. If my wife should marry, she shall have one half of my plate and furniture, over and above the £3000 left to her. Also the negro boy and her apparell and rings and jewels. My dwelling house, lot, and store house are to be appraised, and my eldest son, Williamn, is to have the same at the appraised value, and he is to pay ¿ of the value to each of my sons. It is to be appraised by two indifferent and discreet men of the neighhor- hood. And whereas hy a contract of marriage, made by me and Lewis Morris, Esq., of Morrisania, and Lewis Morris, Jr., his son, and Mary, his now wife, then Mary Walton, my daughter, reciting that a mar- riage was shortly intended, between said Lewis Morris, Jr., and my daughter, Mary Walton, I did agree to pay to said Lewis Morris, Jr., £1000, for her marriage portion. And as the marriage has been consummated, I have already advanced the said £1000. and I do in- tend to give other sums, of which I intend to keep an


UNRECORDED WILLS. 119


bring np the children, till 14 years of age, and then I leave all to my son Joseph and my daughter Sebe. ] make my wife and my hrothers, Gabriel Knapp and Daniel Knapp, executors.


Dated March 17, 1752. Witnesses, Timothy Car- penter, Jacob Carpenter, John Green. Proved, April 9th, 1752.


I, WILLIAM SHEPARD, late of Jamaica [ West Indies], hut now of New York, being sick. I leave to Jane Laurence and Hannah Laurence, £12, 10s. each, for their extraordinary care of me in my sickness. My personal estate, both in New York and in Jamaica, such as negroes, etc., to be sold, and my executors in New York are to remit to my executors in Jamaica. I leave to my hrother, Thomas Shepard, now an ap- prentice at Cork, in Ireland, £100 Stirling, to be sent hy Patrick Hogan, when he is of age. Also my shoe huckles, and knee buckles, sleeve buttons, sword, spurs, and watch. I leave to my mother, Margaret Shepard, £100 Stirling. To my sister Elenor, £100. All the rest I leave to my sisters, Mary Hays and Ann Bar- win, it it exceed not £50. I leave to Thomas Shepard, £100 on a bond for £1000, from John Hynes. I leave to my brother Edward, now in Jamaica, £300, and the rest to my brother James, of Jamaica. I make Peter Van Brugh Livingston, and Hugh White, and my brother James, and Patrick Hogan, executors.


Dated July 10, 1742. Witnesses, Collin Mackenzie,


In the name of God, Amen. March 17, 1752. I, John Waddell, Joseph Collett. Proved, August 6, JAMES KNAPP, of North Castle, in Westchester County. 1742. Gentleman, being very sick. All debts to be paid. I leave to my wife Elizabeth, one feather bed and bed stead, 2 pair of sheets, a pair of pillows, a new cover- Appeared before George Clarke, Esq., Lientenant (Nuncnpative will of RICHARD ANNELY.) Governor, on September 12, 1743, Francis Lewis, of New York, merchant, and John West, clerk to said Francis Lewis. lid, and a pair of blankets, and pewter plates and platters, a gallon hasin, 2 Porringers, a tin pan, a chest, a table, pots, frying pan, 3 chairs, and looking glass. The rest of my movables to be sold at public Vendne, and my wife to have the use of the money, to John West deposes, That on Tuesday, September 6, of this month, he was at the dwelling house of Mr.


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Richard Annely, merchant, deceased, at Whitestone, in Queens County, where he was then lying siek, and he was desired to come into the chamber where he was then lying, and where he found his sister, Mrs. Eliza- beth Annely, and one Hannah Beard, in the room with him. And he had some discourse with said Richard Annely, concerning his will. And he said he had little or nothing to do as to his will except as to his place at Whitestone, which he said should be for his sister Elizabeth and Mrs. Beard, and that he would give it between them, whiel he repeated several times. And he gave said John West directions to make his will. But deponent said that he did not understand such things, and said Annely desired him to go to Flushing and get some person. And he went to Flushing and got one Philips to come, who stopped at one Doughtys, within a quarter of a mile of the house where the said Richard Annely lay, and did not venture further, for fear of the distemper of which said Annely then labored, the same being accounted contagious. He then went to aequaint said Annely that Philips was at the house of Doughty ; but durst not come. He found Mr. Francis Lewis, Mrs. Elizabeth Annely, and Han- nah Beard, with the said Richard Annely; and the said Annely died in the evening of the same day. And the said Francis Lewis deposes, That on the 6 of September he was with said Annely at Whitestone, who told him that he intended to give his place called Whitestone to his sister, and thought it best to give her a Deed of Gift. Deponent said that Annely told him he had sent John West to Flushing, to get some one to write his will. Deponent said it was very neces- sary. That said West eame, and said that Philips was at a neighbor's house, but durst not come. And Mr. Annely asked, What shall we do? Deponent said that he might give directions, and some person might take it down, and carry to Philips to put in form. And he desired deponent to do it. And he called for ink and paper, and desired said Annely to proceed. And


UNRECORDED WILLS.


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tnre, £3, and my Large Bible. Desiring that this my will may be observed and complied with. Dated Feb- ruary 3, 170$. JACOBUS HEGEMAN.


Witnesses, Peter Nevins, Joseph Hegeman, Johanes Schenck, Clerk.


January ye 30, 1741. A true Copy and Translation of the Duteh original will, for (illegible).


Proved, January 29, 1741, before John Moore, Esq. The widow being dead, Elbert Hegeman and Abra- ham Lott were made Administrators with the will annexed.




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