WILL: John Byington; Plattekill, Ulster co., New York surname: Byington, Budd submitted by Mark Byington (byington @ fas.harvard.edu) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ *********************************************************************** Transcribed from SAMPUBCO photocopy by Mark Byington Ulster County NY Will Book Vol. D page 131 In the name of God, Amen. I, John Byington, of the Town of Plattekill, County of Ulster, and State of New York, being weak in Body but of perfect mind and memory, and calling to mind the mortality of mankind, knowing it is appointed once for all Men to die, and after death the Judgement, do make and publish this, my last Will and Testament, revoking all other or former wills by me made. First, I give my body to the grave to be buried in deceant [sic] Christian burial at the discretion of my Executors, and my soul into the hands of God who gave it. And as it has pleased God to bless me with this world's goods, I dispose of them in the following manner. That is to say - Item 1. I give and bequeath to my beloved wife Jemima my write [sic] and title to this farm whereon I now live, to the amount of six hundred dollars to be at her disposal forever, as I have paid towards this farm six hundred and ten dollars towards the same. Item 2. I give to my beloved daughter, Sarah Budd, and to her heirs and assigns forever two hundred and fifty dollars out of my Estate. Item 3. I give and bequeath to my beloved grandson, John Byington, the son of Isaac Byington, two hundred and fifty dollars for his maintainance [sic]. Item 4. Also it is my will that if my grandson aforesaid should die before this money is expended for his necessary support, that the remaining part of the two hundred and fifty dollars shall be the sole property of my wife and her assigns forever as aforesaid. Item 5. It is my will that first of all my Executors my Executors [sic] shall pay all my just debts and funeral charges and themselves for their time and trouble and expenses. Item 6. It is my will that after the legessees [sic] and debts and expenses are all paid that the remaining part of my moavable [sic] Estate I give to my wife Jemima and to her assigns forever as aforesaid. And lastly I appoint, constitute and ordain Elijah Dean of Franklin Town, County of Dutchess, and State of New York, and Levi Hall of Plattekill Town, County of Ulster, and State aforesaid, with my beloved wife aforesaid to be my sole Executors to this my Last Will and Testament. Sealed, signed, published and confirmed this nineteenth day of September, one thousand eight hundred and six. Witnessed by us witnesses (the eleventh line the word Jemima underlined before sealed) Andrew Garrison John Budd John Byington Sarah Budd Ulster County: Be it remembered that on the eighth day of December in the year of our Lord one thousand eight hundred and six, personally came and appeared before me, Daniel Brodhead, Junior Surrogate, of the said County, Andrew Garrison, who being duly sworn on his Oath declared that he did see John Byington sign and seal the within written instrument purporting to be the Will of the said John Byington, bearing date the nineteenth day of September in the year one thousand eight hundred and six, and heard him publish and declare the same as and for his Last Will and Testament, that at the time thereof, he the said John Byington was of sound disposing mind and memory to the best of the knowledge and belief of him, the Deponent, and that John Budd and Sarah Budd together with the Deponent subscribed the said Will as witnesses thereto in the Testator's presence - and that Jemima Byington, Executrix named in the preceeding Will likewise appeared before me and was duly sworn to the True Execution and performance of the said preceeding Will. Daniel Brodhead Jun. Surrogate The People of the State of New York, by the Grace of God Free and Independent, to all to whom these presents shall come, or may concern, send Greeting. Know ye that at Ulster County on the eighth day of December instant, before Daniel Brodhead, Junior Surrogate of the said County, the Last Will and Testament of John Byington, deceased, a copy whereof is hereunto annexed, was proved and is now approved and allowed of by us, and the said deceased having whilst he lived and at the time of his death, goods, chattles or credits within this State, by means whereof the proving and registering the said Will, and the granting administration of all and singular, the said goods and chattles and credits and also the auditing, allowing and final discharging the account thereof, doth belong unto us, the administration of all and singular the goods, chattles and credits of the said deceased and any way concerning his will is granted unto Jemima Byington, Executrix in the said will named, she 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, chattles and credits, and also to render a just and true account thereof when thereunto required. In Testimony whereof, we have caused the Seal of Office of our said Surrogate to be hereunto affixed. Witness Daniel Brodhead Junior Esq. Surrogate of the said County, at Kingston the eighth day of December in the year of our Lord one thousand eight hundred and six, and of our Independence the thirty first. Daniel Brodhead Jun. Surrogate The preceeding is a True Copy of the original Will of John Byington, deceased, also of the Certificate of the proof thereof and of the Letters Testamentary. Daniel Brodhead Jun. Surrogate