WILL: John Pell; New York City, New York co., NY surname: Pell, Kortwright, Thurman, Depeyster submitted by Jennifer Willis (daerjech2000 at yahoo.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: January 19, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 6.3 Kb ************************************************ Source: Sampubco.com New York co NY Will Book Vol. 35 page 45 Written: April 4, 1782 Recorded: June 17, 1782 transcribed from SAMPUBCO photocopy by Jennifer Willis In the name of God Amen, I John Pell of the City of New York in America, mariner, being sick and weak in body but of sound disposing mind memory and understanding do make and declare this to be my last will and testament in manner and form following, that is to say in the first place I commend my soul into the hands of my most merciful Creatorhoping for pardon and remission of all my sins through the suffering of his blessed Son our Saviour, and my body I commit to the Earth to be buried at the discretion of my Executrix and executor herein after named and as to the temporal estate wherewith it hath pleased the Almighty to bless me, I dispose of the same in the manner and form following. Imprimus I do order and direct all my just debts and funeral expences to be paid in as short time as conveniently may be after my decease. Item I do give to my eldest son Samuel one pound lawful money of New York, because he is my eldest son. Item I do will order and direct that my beloved wife Sarah Pell shall have the rents issues possession and profits of all my estate real and personal whatsoever and wheresoever so long as she shall remain my widow for her own support and for the support maintenance and education of the younger children not of age--and should it so happen that my said wife Sarah should remarry then and in such case I do will order and direct that the one full third part of the rents, issues and profits of my said estate real and personal be given to and be at the disposal of my said wife during her lifetimeand also I do will order and direct that my said executrix and executor or any or either of them do bargain sell alien assign transfer or mortgage any part or parts of my personal or real estate should it be found necessary so to do in order for the support of my said wife during her aforesaid widowhood or for the support education or maintenance of my children as aforesaid and I do hereby give full power and authority to my executrix and executors or any or either of them to do perform and according to law to execute such conveyance and conveyances, act and acts, thing and things, device and devices in the law as may be requisite and necessary for the disposing, vending, selling or mortgageing all or such part or parts of my personal or real estate as may be demanded or required for the purposes above mentioned. Item I do give devise and bequeath all my estate both real and personal whatsoever and wheresoever to my said son Samuel and to my other children John Pell, William Pell, Anthony Pell, Frances Pell, Sarah Pell and Margaret Pell their heirs executors administrators and assigns respectively forever, subject nevertheless to the conditions, limitations and restrictions above mentioned; my aforesaid estate real and personal to be divided as aforesaid among them equally share and share alike and should it so happen that any or either of my said children should die unmarried and without issue, then I do give and devise and bequeath the said part or parts of the chil or children so dying to my other surviving children share and share alike in even and equal proportions, and I do further order and direct that if my said wife Sarah Pell should depart this life before my youngest child shall be of lawful age, that no division shall be made of my real or personal estate until my said youngest child shall have attained to full age. And also that if it shall after my decease appear that any or either of my said children have had any sum or sums of money or goods wares or merchandise advanced to them over and above what has been advanced to each of the others, then and in such case the amount of such sum and sums of money and the price of such goods, wares and merchandizes at the time of the advancement shall be deducted from his her and their share and shares, proportion and proportions respectively, it being my intention that all my children shall be equally provided for without any preference only except as is herein before excepted. And whereas Mrs. Hester Pell late of New York, spinster, deceased, and who died in the month of November last was related to me and by which means I became her heir at law and whereas the said Hester Pell did leave at the time of her decease a considerable real estate and which estate I conceive to be mine of right, now therefor I do will order and direct that my executrix and executors hereinafter mentioned or any or either of them do commence prosecute and defent any action or actions suit or suits in law or equity or any mode or method of proceeding that may be effectual in order to the full and complete recovery and possession of all or any part or parts of the said real estate of the said Hester Pell as may and did desend to me as heir at law as aforesaid except they shall think it advisable upon good grounds and solid reflection to give up my claim to the said estate as heir at law as aforesaid and should all or any part or parts of the said estate of the said Hester Pell be recovered then I do will order and direct that the same be disposed of in like manner and under such limitations conditions and restrictions as if the same was part and parcel of my real estate herein before mentioned and in and under such restrictions limitations conditions and proportions as are herein before mentioned. And I do hereby nominate constitute and appoint my beloved wife Sarah Pell to be the executrix and my good friends Lawrence Kortwright John Thurman and William Depeyster of the City of New York, Merchants, to be executors of this my last will and testament, hereby revoking all former will and wills heretofore made In wistness whereof I set my hand and seal the fourth day of April in the year of our Lord one thousand seven hundred and eighty two. John Pell