WILL: Joseph Lyon; White Plains, Westchester co., NY
surname: Lyon, Thoak

submitted by anonymous donor
************************************************************************
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/ny/nyfiles.htm
***********************************************************************
transcribed from SAMPUBCO photocopy by anonymous donor
LYON, Joseph, yeoman, of White Plains, Westchester   24 Nov 1798
New York county NY old files File AL-19, filed in Albany, NY

In the name of God. Amen  This seventeenth day of February in the year of our
Lord, one thousand seven hundred and fifty eight.  I, Joseph Lyon, of the
White Plains in the County of Westchester and Province of New York, being in
good health and of sound mind and memory, thanks be to God for the same, but
calling to mind the sanity of this mortal life and that it is appointed unto
all, do make this my last will and testament in the manner and form following:

I order that my debts be paid by my executor hereafter named out of that part
of my estate as is hereafter directed.  I order that my loving wife, Mary
Lyon, shall have, so long as she remains my widow, the profits of all my land
and tenaments for her support and the maintenance and bringing up my children
that part only excepted which I hereafter order to be sold for the payment of
my debts.  I thereby appoint my said wife, Mary to be the sold and only
executor of this my last will and testament for so long as she shall  remain
my widow.  But no longer and in that capacity thereby order her to sell and
diffuse of so much of my land as to be sufficient for the payment of my debts,
funeral charges and charge of settling my estate, but no more, and that all or
any deed or deeds that shall be given by my said wife, Mary, of my land for
the purpose aforesaid, shall be firm good effectual in the law to purchasers
as if given and executed by myself in my own lifetime that part of my land
which I order to be sold for the payment of my debts as aboveforesaid, is not
adjoining to Joseph Hart’s land, to be measured from the Cross Road from the
White Plain Road and along said Harts land northerly the whole breadth of my
land there, and to run square of from his land easterly along my northerly and
southerly boundaries far into my land as to be sufficient for the payment of
my debts and charges aforesaid.

I further order and it is my will, that after my said wife, Mary, is marrying
again or death, that I hereby appoint my brother-in-law, Charles Thoak of Rye,
and my son Daniel Lyon, to be the Executors of this my last will and
testament.  And they jointly if then living or the survivor of them to take
upon them the full administration of my estate and thereby empower the said
Charles Thoak and my son daniel Lyon or the survivor of them, to sell and
diffuse of the whole of my estate and my belongings and that all sales by them
or survivor of them of deed or deeds by them given as executors for all or any
……

I give and bequeath unto my six sons, to wit, Joseph, Daniel, James, Reuben,
Jeremiah and Thomas Lyon, to be divided by my executors as follows:  to say
for a legacy of five pounds thereof to be paid unto my eldest son, Joseph as a
barr to his claim as my eldest son or heir to my estate.  And the remainder of
my sons real estate equally to be paid and divided among and between my six
sons, Joseph, Daniel, James, Reuben, Jeremiah and Thomas, each to have one
sixth part and to my six sons that are not of age at the time of the above
divide their shares to be paid out of interest  (by my executors or the
survivor of them) for their benefit and aford them with the interest as they
shall socially come of age.  And in case any of my said six sons shall die
before they be of age or have lawful heirs, the survivors of my said sons
shall equally divide and have the deceased son or sons part and having lawful
heirs; it is my will that my estate for the further maintenance of my said
wife, Mary,. but to be in her hands for the above said....

Now I give unto my four daughter, Mary, the wife of ..among them the following
manor to say whereas I have already given my daughter, Mary, the value of
forty pounds, I order that my three youngest daughters, Hannah, Susannah and
Anne, shall each of them have forty pounds first to make them equal to Mary,
and then the remainder of my estate to be equally divided among and between my
said four daughters, Mary, Hannah, Susannah and Anne and in case any of my
said daughters should be of age or married when the division of my said
estate, that my executors or survivor of them, shall pay out to each of ………
and be paid her when of age or married and if any of my said daughters shall
died before of age or married that the daughter or daughters share shall be
paid and divided among the surviving daughters equally between them.

Lastly, it is my will to my executors Charles Thoak and Daniel Lyon, in whose
care and fidelity I very much …… fix and divide upon that if any of my
children - sons or daughters are not of age at the time of my wife's marrying
again or death, that they take care of said infant children and place them to
trades or otherways diffuse of them for their best benefit and support.  In
witness, whereof, I have hereunto with my hand and seal the day and year first
above written, hereby revoking all former wills by me and confirming this and
none other to be my last will and testament.

And I, …....Joseph Lyon, do further order and it is my will that whereas my
said wife, Mary, at the enfoaling hereof, is great with child, that when the
child she now goes with shall be born, if it proves a son, then the said son
shall come in and have an equal share with my other sons of my estate and to
…… the like  - regulation of my others sons as touching survivorship.  And if
said child does prove when born a daughter, the said daughter shall have equal
shares with my other daughter sof my estate and ……the like - regulation of my
other daughters as touching survivorship this day before taking and delivery
of within written will and to be doomed hold and …. As a part thereof to all
estates and purposes as of the same has been ... of said will.  With my hand
and seal this day and year first within written.

Joseph Lyons will dated 1750

Probate issued 24 Nov 1798

Westchester County:  Be it remembered that on this thirtieth day of August in
the year of our Lord one thousand seven hundred and eighty six personally came
and appeared before me, Richard Hatfield, esquire, serrogate of this said
county, Elisha Horton of Garrisons purchase in this said County of
Westchester…. And being duly sworn on his oath declared that to the best of
his knowledge and said he saw Joseph Lyon , deceased, sign and seal this
instrument (a part of which and the Testator's name and witnesses names to the
same appear to have been cut off ) purporting to be the Last Will and Testmane
of the said Joseph Lyon, bearing date the seventeenth day of February one
thousand seven hundred and fifty eight and heard him publish and declare the
same as and for his Last Will and Testament that at the time thereof hither
said Joseph Lyon was of sound disposing mind and memory to the best of his
knowledge and belief of the ... And that to the best of his knowledge and
belief ….. the said wife an attempt theeto in the presence of the Testator and
that to the best of his knowledge and belief he saw John Earhardt and Jane
Earhardt the other witness is to the said wife subscribed their names as
witnesses thereto in the presence of the Testator and that he verily believes
that will is the will to which he and the said John Earhardt and Jan Earhardt
subscribed their names as witnesses thereto as aforesaid.

Richard Hatfield, surrogate