WILL: Joshua Arthur; Smithtown, Suffolk co., NY surname: Arthur submitted by Jeanne Grimsby *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Jeanne Grimsby New York County NY Will Book Vol. 29, page 320 Will of Joshua Arthur In the name of God Amen I Joshua Arthur of Smithtown in the County of Suffolk and Province of New York yeoman being in an ill state of health but of sound and disposing mind and memory do make and ordain this my last Will and Testament in manner and form following (to wit) Principally and first of all I recommend my Soul to God that gave it and my body to the Earth to be buried in a Christian like & decent manner by my Executors hereinafter named and as to the worldly Estate whereof I shall die seized and possessed I dispose thereof as followeth viz Imprimis I give and bequeath unto my wife Charity the one equal half of all my personal Estate of every kind and nature whatsoever except my negro man Jabris likewise the use of one third of my Lands as the Law directs Item I give and bequeath unto my Daughter Sarah Arthur my negro man Jabris and the remaining half of my Personal Estate of every kind and nature. Item I give and bequeath unto my son Reuben Arthur fifty acres of Land lying and being at the South East corner of my Farm bounded on the East by Thomas Tredwell's Land on the South by the Road that leads from Thomas Tredwell's to Nathaniel Platt's and on the West by a certain Fence about six Rods west of said Reuben's house & to extend from said Road northerly so far as to make up just fifty acres which said fifty acres of Land with the House he now lives in I give and bequeath to my said son Reuben during his natural Life and after his Death to his son Joshua Arthur his heirs and assigns for ever. Item I give & bequeath unto my two other two sons Jesse and Eliphalet Arthur & to their several heirs and assigns for ever all my Lands Tenements Meadows Beaches & Rights (not before mentioned) throughout the Township of Smith Town or elsewhere to be equally divided between them in Quantity and Quality and further I will order and direct that my two sons Jesse & Eliphalet shall pay all my just and Lawfull Debts equally between them in a reasonable Time after my decease and if they shall refuse or neglect the payment thereof then in that Case I do hereby order empower and direct my Executors hereinafter named to sell and convey so much of any part of the Lands hereby bequeathed to the said Jesse and Eliphalet as will be sufficient for the discharge of all my said Debts and I do hereby give and devise unto my said Executors so much of any of the Lands above bequeathed unto my said sons Jesse and Eliphalet as will answer the purposes abovesaid of paying my Debts and I do further will order and direct that my Funeral expences and the charges of Executing this my last Will and Testament to be paid by my Executors out of my Personal Estate above bequeathed to my wife and daughter and it is further my will that if either of my two sons Jesse or Eliphalet should die under age without Issue and not having otherwise disposed thereof that his part should go to the survivor of the two his heirs and assigns And if my daughter Sarah should die under age without Issue and not having otherwise disposed of what is herein bequeathed to her it is my will that it should be equally divided between my abovesaid two sons Jesse and Eliphalet and in case my said two Sons should both die as above, my will is that what is above bequeathed to them should be equally divided between my wife Charity and my daughter Sarah and lastly I do nominate and appoint Thomas Tredwell and John Stratton Executors of this my last Will and Testament hereby revoking all former Will and Wills by me at any time heretofore made. In witness whereof I have hereunto set my hand and seal this twenty fifth day of August in the year of our Lord one thousand seven hundred and seventy four. Joshua Arthur Signed sealed published and declared by the above named Joshua Arthur as and for his last Will and Testament in the Presence of us who have subscribed our names as Witnesses thereto in the Presence of the said Testator and of each other Ruth Scidmore Sarah Scidmore Beth Jones Suffolk County (??) Be it remembered that on the thirtieth day of December one thousand seven hundred and seventy four personally came and appeared before me William Smith Surrogate of the said County Seth Jarvis of Huntington in Suffolk County Weaver and being duly and sworn on his oath declared that he saw Joshua Arthur sign and seal the aforegoing Instrument purporting to be the Will of the said Joshua Arthur bearing date the twenty fifth day of August one thousand seven hundred and seventy four and heard him publish and declare the same as and for his last Will and Testament that at the Time thereof he the said Joshua Arthur was of sound disposing mind and memory to the best of the knowledge and belief of the Depondent and that his name subscribed to the said Will is of his own proper hand writing which he subscribed as a witness to the said Will in the Testators presence and that the Depondent saw Ruth Scidmore and Sarah Scidmore the other witnesses to the said Will subscribe their names as witnesses thereto in the Testators presence. Wm Smith Surrogate Cadwallader Colden Esquire his Majesty's Lieutenant Governor and Commander in Chief of the Province of New York and the Territories depending thereon in America To all to whom these presents shall come or may concern sendeth Greeting Know ye that at Suffolk County on the thirtieth day of December last past before William Smith Esq thereunto delegated and appointed the last Will and Testament of Joshua Arthur deceased (a copy whereof is hereunto annexed) was proved and is now approved and allowed of by me. The said deceased having whilst he lived and at the time if 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 The administration of all and singular the Goods Chattels and Credits of the said deceased and any way concerning his Will is granted unto Thomas Tredwell and John Stratton the Executors in the said Will named they being first duly sworn well and faithfully to administer the same and to make and exhibit a true and perfect inventory of all and singular the said Goods Chattels and Credits 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 to be hereunto affixed at Fort George in the City of New York the tenth day of January one thousand seven hundred and seventy five Sam Bayard Jun ~ D. Secry.