MySource:Txbluebell6/Will of Francis Price

Will of FRANCES PRICE

In the name of God, Amen. I Frances Price of the Township of Frankford in the County of Sussex and State of New Jersey, late Justice of the Peace and Judge of the Court in the County above said Being of sound and disposing mind and memory thanks be to God therefore calling to mind the mortality of my body and that it is appointed unto men once to die. Do make and ordain this my last will and testament in manner and form following, that is to say I recommend my soul to God Almighty, who gave it me hoping for Salvation through the merits of Jesus Christ my Savior, both God and man. My body I desire may be decently interred in a Christian manner and that a decent monument or tombstone may be erected for me at the discretion of my executors. As to my worldly estate wherewith it has pleased God to bless me in This life I give and devise and bequeath the same in manner and form as following:

First I will and devise my executors to pay all my just debts and funeral charges out of my movable estate as soon as they conveniently can after my decease.

Item I give devise and bequeath unto Ann, my well beloved wife, the whole and entire profits and income of my homestead but not so as to include the fifteen Acre lot of meadows I bought of John Price nor the house and garden where William Booth now lives and about ten acres on the south side of the road that leads from James Hamilton’s to Zachariah Price’s. But the whole of the remainder of said Homestead as houses, outhouses, barns, orchards, gardens, plow land, pasture, meadow, and woods and all and every privilege there unto appertaining. My will is that she, the said Anna my wife, shall enjoy and possess for and during her natural life, she keeping the Plantation in as good repairs as when she takes possession of it after my decease if she out lives me. Special provederces excepted, and my will is that Anna my wife have my family Clock and one yoke of Oxen handy to work if there are such belonging to me at my decease, and that she have her riding mare but If she is dead or gone than one other of my horse kind that may suit her for a riding beast, also two cows as she may choose out of my stock and also all the meat and grain in the house laid up for family use and one half of the grain in the fields of said Homestead she to harvest or gather her part also my best feather bed, bedstead, bedding and furniture there unto belonging and also a chest and table she brought to me and my will is that she have the service of a boy of colour named Ambrose Skureman until he shall arrive to the age of twenty-one years he being now about the age of ten years said boy being my lawful slave for life. But I do now hereby ordain and declare that my will is that the said Ambrose Skureman shall be free at the age of twenty-one years and do hereby debar my heirs or executors from holding him any longer than the time above said. Also I give, devise and bequeath to Anna my wife, the sum of four hundred dollars, and that in manner following that is to say the sum of two hundred dollars in one year after my decease and also at the expiration of two years after my decease. But in case my wife Anna does not accept of what I have herein willed her in lieu of her dower then my will is she have only what the law allows to widows in such cases and that she have none of the privileges or movables or money here in willed to her.

Item I give devise and bequeath unto John Lesh the use, profit and income of the fifteen acre lot of meadow I bought of John Price that lays adjoining my homestead, for and during his natural life and my will is that he have one equal half of all winter grain or wheat or rye growing or that may be in the field on the said homestead and that he have my Family Quarto Bible and ,my will is that my just executor purchase Quarto Family Bibles at the price of three dollars each and that one be delivered to Francis Gustin, son of John Gustin Esq and of my daughter Ester deceased, and one to Francis Hamilton, son of my daughter Sarah, and one to Francis Stull (Stoll), son of my daughter Elizabeth and one to Francis Goble, son of my daughter Azubah and one to Francis Price, son of Zachariah Price Esq and one to Francis Southwort, son of William Southwort, and also one to Francis Acker, son of Albert Acker, all living in the Court of Sussex afore said the money to purchase the said seven Bibles and the money to be paid to my wife as aforesaid to be levied and raised out of my moveable estate by my executors as soon as convenient after my decease. And all the remainder of my estate, both real and personal, houses, lands and movable estate whereof I may be possessed at my decease and not heretofore disposed of, I give devise and bequeath to my beloved daughters and granddaughters in manner following:

Item I give unto my beloved daughter Sarah Hamilton, the wife of James Hamilton, the one equal fourth part of my land in the County above said and also one fourth part of the remainder of my movable estate to be for her sold and proper use and behoff to her and her heirs and assigns forever with which gifts and legacy her now husband or any to her husband she may have is not to be incumbered therewith.

Item I give to my beloved daughter Elizabeth Bowman three quarters of one fourth part of all my land in the County above said and also one fourth part of the remainder of my movable estate for the sole proper use and behoff to her and her heirs and assigns forever with which gift and legacy her now husband or any future husband she may have is not to intermeddle there with.

Item I give to my three grandsons namely Francis Guston, Thomas Guston, and John Guston Jun, they being the sons my daughter Ester had by John Guston Esq, one other fourth part of all my lands in the County afore said to be equally divided between them as herein after mentioned and also one equal fourth part of my movable estate for them, their heirs or assigns forever.

Item I give unto Francis Stull, the oldest son of my daughter Elizabeth, one eighth of one fourth part of all my lands to him and his heirs and assigns forever.

Item I give unto John Stull and Abraham Stull, two other sons of my daughter Elizabeth, all the residue of my lands to be equally divided between them so that each of them the said John and Abraham, have half as much as their brother Francis Stull to be for their use to them, their heirs and assigns forever.

And my will is that my wife Anna, if she out lives me, signify in thirty days after my decease whither she abide by the will or not to my executors by an instrument in writing under her hand and seal if she does-and my will is that my executors herein after named proceed to a division of my land as soon after my decease as they conveniently can excepting the homestead in case my wife abide by the will and the fifteen acre meadow lot of John Lesh out lives me all my other land I will that they be divided first into four equal parts having regards to improvements and buildings to quantity and quality according to the best of their judgement and then let one quart to Sarah, one quarter to Azubah, one quarter to Elizabeth and her sons by Stull and one to the three sons of my daughter Ester by John Guston Esq and after my executors have divided as above said that they proceed to the subdivision of the land drawn for Elizabeth and children by Stull (having regard to quantity and quality) into four parts, and that three parts thereof be divided by lot to Elizabeth and one part to the three sons she had by Stull and then to divide the remaining part drawn for the sons she had by Stull into two parts and then by lot so that Francis Stull may have one part and the remainder to be equally divided between John and Abraham Stull.

And also that my executors subdivide the share or part for my daughter Esther’s children into three parts having respect to quantity and quality and then by lot so that Francis Guston have one part and John Guston Jun have one part

And my will is that one acre of land be laid off on the hill above the young orchard on the south easterly side of the road to begin at the barns and to run as the orchard fence now stands and as the fence stands along the road so as to make the acre as nearly square as may be. My will is that the said acre shall be taken out of the homeste3ad before the division but that the said acre by and remain for a burying place forever, never to be sold but to remain for that use for my heirs, relations, and neighbors.

And my will is that after the decease of my wife, in case she out live me and abides by my will, that my executors divide the homestead as has been directed for the division of my other lands, observing the same proportions of shares to each of the heirs, also quantity and quality and my will is after the decease of John Lesh, if he should outlive me, that the fifteen acre meadow lot be divided as my other lands among my heirs and having regard to the same proportions and quality and quantity as has been mentioned hereto fore and my will is that my executors take the charge of the share divided to the sons of Elizabeth till they arrive to the age of twenty-one years successively and the rents, issues or profits arriving therefrom, my will is it shall be paid to their mother till they come of age successively-and also that my executors take the charge of the shares for the sons of my daughter Esther by John Gustin Esq until they shall arrive to the age of twenty-one years successively and that they have their share or part and rents, issues or profits, if any as they come of age.

Lastly I nominate, constitute, and appoint my trusty friends William A Ryerson, Peter Dewit Esq and my brother Zachariah Price, executors of this my last will and testament entreating them to use their best endeavor to see it faithfully executed and performed according to what they must suppose to be my true intent and meaning. And I do herby revoke, disannul and make void, all other and former wills, gifts and bequests by me theretofore made, ratifying and conforming this and no other to be my last will and testament. In witness thereof, I have hereunto set my hand and seal this third day of June In the year of our Lord one thousand eight hundred and two A. D. 1802

Signed, sealed and published and

                                    				Francis Price (S. S)

Declared by the said Francis Price The Testator of his last will

And testament in the presence

Of us who at his desire and

Request and in his

Presents Subscribed our names

As witness hereunto

(note the word Grand in the twelfth line from the bottom of their page was interlined Before the sealing and witness thereof George Gustin Esther (her X mark) Stull Isaac Price

George Gustin and Esther Stull, two of the witnesses to the within will, being duly sworn on the Holy Evangelists of Almighty God, did depose that they saw Francis Price the Testator therein named, sign and seal the same and heard him publish, pronounce and declare the within writing to be his last will and testament and at the doing thereof the said testator was of sound mind and disposing mind and memory as far as these deponents know and they verily believe, and that Isaac Price the other subscribing evidence was present at the same time and signed his name as witness to the said will together with these deponents in the presence of the said testator

Sworn at Newton

25th day of April 1804

                               			Geo Gustin

Before me Esther (her X mark) Stull D Stuart Surrogate

Codicil of Francis Price

Codicil or supplement to the foregoing will.

I Francis Price, do make this codicil to my testament and last will. I give to my affectionate and well beloved sister, Jerushia Dewitt that house and garden where William Booth now lives and also the annual rents, profits, and incomes of about ten acres of land lying on the south side of the road leading from James Hamilton’s, Zachairah Prices’s (as described in the fore part of the forgoing testament) during her natural life the same having been excepted and not made subject to the possession and enjoyment of my wife Anna in the foregoing testament and after the decease of my sister Jerusha Dewitt my will and desire is that the same may be divided by my executors amongst and between my several heirs named in the foregoing testament and in ration as in therein ordered and directed.

Signed sealed published and Francis Price (seal)

Declared by the said Francis Price

As a codicil to his last will

And testament in the presence of

Ebenezer Jaynes

William Chardavoyne

Henry Price

Henry Price, one of the witnesses of the above codicil, being duly sworn on the Holy Evangelist of Almighty God, did depose and say that he saw Francis Price the testator therein named, sign seal the same and heard him publish pronounce & declare the within writing to be a codicil to his last will and testament and at the doing thereof the said testator was of sound and disposing memory as far as this deponent knows and as he verily believes and that Ebenezer Jaynes and Wm Chardavoyne the other subscribing evidences were present at the same time and signed their names as witnesses to the said codicil together with this deponent in the presence of the said testator. Sworn at Newton 28th day of April 1804

Before me Henry Price

D Stuart Surrogate

Wm A Ryerson, one of the executors in the within testament named, being one of the people called Quaker, did affirm and Peter Dewitt Esq another of the executors in the within testament named being duly sworn on the Holy Evangelist of Almighty God, did depose and say that the written instruments contained in the true last will and testament with a codicil of Francis Price the testator therein named so far as they know and verily believe; and that they will well and truly perform the same by paying first the debts of the deceased and then the legacies in the said testament and codicil specified as far as the goods, chattels & credits of the said deceased can there unto extend; and that they will make & exhibit into the Surrogates office at Newton a true and perfect Inventory of all and singular the goods, chattels & credits of the said deceased that have or shall come to their knowledge or possession or to the possession of any other person or persons for their use and render a just and true account when there unto lawfully required.

Sworn at Newton Wm. A Ryerson

28th day of April 1804 Peter DeWitt

Before me D Stuart Surrogate