Person:John Caldwell (89)

Will of John Caldwell

Will of John CALDWELL

In the name of God, amen. I, John CALDWELL of Harmonyhill in the County of Antrim, linen merchant, to make this my last will and testament in manner and form following, here forsaking all other wills by me heretofore made, written or spoken.

I give, devise and bequeath to my very trusty and such esteemed friend Samuel ALLEN of Allenhook in the County of Antrim, Squire Thomas CHAMBERS of the city of Londonderry, merchant, my brother-in-law John CALDERWOOD of Ballymoney in the County of Antrim aforesaid, gentlemen, and my son-in-law John PARKS of the city of Dublin, attorney-in-law, all of whom I also appoint executors of this, my will, and the survivors and survivors of them as the executors, administrators, and assigns of such survivors.

All and singular my real, free-hold and personal estates, goods and chattels, rights and credits of what nature or kind so ever upon trust, with all convenient speed after my decease to sell and dispose of all my property to the best advantage, and to call in such debts as may be owing to me at the time of my decease. And out of the monies arriving thereupon, and such case as I shall be possessed of at the time of my decease, in the first place to pay off and discharge my just debts and funeral expenses, and whereas I have received and taken to my use property belonging to my son Richard CALDWELL now in America, the amount of four hundred or thereabouts; now, it is my will that the said sum of four hundred points (?) be paid to him, his executors, adminisholds (?), or assigns as soon as possible after my other legal debts be discharged and not until then.

And, upon further trust to pay over to my dear daughter, Florence PARKS, to her own use, twenty-five poinds (pounds?) sterling, and to her husband, the said John PARKS, twenty-five pounds sterling which I give them as a token of my affection for them.I having given her her portion on her marriage. And also, upon trust to pay over to my dear grandson James PARKS the sum of fifty pounds sterling which I also give him as a token of my affection for him.

And, upon trust that my said trustees and the survivors and survivors of them, and the executor adminisholds and assigns of such survivors shall pay over all the residue and remains of the produce of my said propertys so vested in them as aforesaid to and among my sons, John, Richard, Andrew, and William CALDWELL, and my daughters, Mary, Catherine, Margaret, and Elizabeth CALDWELL, in equal proportions share and share alike. The share of any one of them dying underage and unmarried to go to the survivors share and share alike.

Proceeds that in case it shall appear to my said trustees, and the survivors survivors of them and the executor adminisholds or assigns of such survivor ineligible in consequence of a defeat of title to dispose by sale of my fee Farm Estate in the lands of Ballyacres known otherwise as harmonyhill in the County of Antrim, my siad trustees and the survivors or survivors of them, executors adminisholds and assigns of such survivor, from time to time, to lease said lands, bleachworks and corn mill for such term as they shall think it to be solvent tenant or tenants at the best improved yearly rent that can be reasonably had for the same. And the monies arriving therefrom be disposed of in the first instance in discharge of such part of my debts as shall remain unsatisified after application of the other parts of my property and then to pay over said monies arriving therefrom to and among the said Florence, John, and James PARKS, and the said John, Richard, Andrew, and William CALDWELL. Mary, Catherine, Margaret and Elizabeth CALDWELL, or their respective executor adminishold or assigns share and share alike with the like limitations as aforesaid in case of the death of any of them underage or unmarried.

In testimony whereat I have hereunto set my hand and seal this sixteenth day of May, one thousand seven hundred and ninety-nine. N. B. the work 'the' two lines from the bottom of the other side and the words 'by sale' eleven lines from the bottom and the word 'grow' twenty-five lines from the bottom being first underlined.

(signed) John Caldwell (L.S.)

Witnesses:

Robert BOYD

John BOYD

Rob't GAMBLE

John MORRIS, millwright, town of Bloomgrove, came forward to James WHELT, Surrogate County Orange July 7, 1804, and swore he knew the above witnesses and their hand writing, and John CALDWELL.

[Source: Orange County, New York Records, Liber C-168].

[1].

1.   Anderson, Marie Loraine Epps. Caldwell workbook. (Salt Lake City, Utah: Genealogical Society of Utah, 1971)
   pg. 29.

   "...she married in Ireland, John Parks, a nephew of the Hamiltons of Bushbank, Co. Antrim. Same sources as above.
   Flora Caldwell, dau. of John Caldwell and Elizabeth Calderwood, married John Parks, a nephew of James Hamilton of Bushbank, Co. antrim. Letter from Edward T. Langford to James B. Hamilton, Esq. 1934"

2. ↑ ^2.0 2.1 John Caldwell died October 29th [twenty-ninth?], 1803.
   
   http://ied.dippam.ac.uk/records/29412