WILL: Joseph Osburn; Salem, Westchester co., NY surname: Osburn, Wyatt submitted by Fred Rose (f_rose @ bellsouth.net) ************************************************************************ 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 *********************************************************************** WESTCHESTER COUNTY, NY OSBURN, JOSEPH Salem, Westchester, NY New York Co. NY Will Book Vol 25 page 423 Probated: 16 Dec 1766 Surnames: OSBURN, WYATT In the Name of God Amen I Joseph Osburn of Salem in the County of Westchester and Province of New York being under Indisposition of Body though yet of sound and disposing mind and memory (praised be God) But knowing the certainty of Death and the uncertainty of the time of my Desolution and desirous to settle and dispose of that which God hath lent me of Externall Goods and Estate do make and Constitute this My last Will and Testament in Manner and form following Viz: First I commit and resign My soul into the Hands of Almighty God hopeing through the Merritts of My blessed Lord and Saviour Jesus for the pardon of My Sins and the Salvation of My Soul and My Body I committ to the Earth to be decently Buried according to the Discretion of My Executors hereafter named and as to My Temporal Estate with which God hath blessed Me after my just Debts and Funerall Expences are paid and Discharged I order and bequeath in the following Manner Imprimis I give and bequeath unto My Dear and loving Wife Rachel Osburn during the Term of her natural Life the use & improvement of the Lands and House hereafter expressed in the following Manner Viz the use of the East Room of My dwelling House together with the use and priviledge of one half of the Celler and Milk Room to the same belonging also about one Acre and an half of Meadow on the South Side of the Road opposite to said House Also My orchard together with about Six Acres of pasture Land lying West of said Orchard in two Inclosures Also about three Roods of Meadow Land and about the same Quantity of plow Land lying in Salem on the plain so called being on the Westermost part of My Land adjoining to Courtlands Mannor. Item I give and bequeath unto My aforesd Wife Rachel her heirs and assigns forever all the Houshold Furniture and movable Estate Now remaining which She the said Rachel brought with her to Me at the time of our Intermarriage likewise I give to My sd Wife My red pide Cow and one red Heifer comeing three Years old also My Sorrel Mare and five sheep & four Lambs Also one Swine of about 1 year old and one other Swine of about five Month old also fifty Wt of Flax and Twelve Bushels of Wheat Item I give and bequeath unto My dear Daughter Mary Osburn her heirs and assigns for ever the other half of My dwelling House in Salem before Mentioned Viz the West Room and Garrit together With the Whole of the Kitchen and Bed Room and one half of the Cellar and Milk Room Also My black Cow & one of My sucking Colts Item I give and bequeath unto My loving Daughter Sarah Wyatt three sheep & one of my sucking Colts Viz that Colt Which came of My old Mare Item it is My Will that at the Decease of My Wife Rachell the House and Lands given to her as above during the Term of her Life shall be and I hereby give and bequeath them unto My loving son Nathan his heirs and assigns forever he or they paying unto My before Mentioned Daughters Sarah Wyatt and Mary Osburn or their Heirs or Assigns the Sum of Ten pounds each within six Months after the Decease of My said Wife but in Default thereof the said House & Lands to be equally devided between the said Nathan Sarah and Mary or their Heirs Item I give bequeath and devise unto My loving son Nathan Osburn his heirs and Assign forever All the Remainder of My Estate both real and personal in the precinct of Salem or elsewhere Not already Devised yet nevertheless it is My Will that out of the Estate so given to the said Nathan that he pay and answer all My Just Debts and funerall Expences and that he likewise pay out of the same Unto My Daughters Sarah Wyatt and Mary Osburn the Sum of Ten pounds to each of them or their heirs within two Years after My decease and in Case there should not be enough of the Debts due and Comeing to Me together with the personal Estate not all ready bequeathed to answer the outstanding Debts that he Make Sale of so Much of the Lands to him bequeathed as May be necessary for that purpose and likewise do discharge the aforesaid Ten pounds to each of My sd Daughters or their heirs as above Mentioned. And I do hereby appoint My loving son Nathan Osburn of Salem My sole Executor of this My last Will and Testament In Witness Whereof I have hereunto Set My hand and Seal this twelfth Day of August Anno Dom 1766. Joseph Osburn (LS) Signed seal'd & declared by the said Joseph Osburn to be his last Will & Testament in the presence of Solomon Mead, Amos Mead, James Brown Westchester County LS Be it Remembered that on the Tenth day of November One thousand seven hundred and Sixty six personally Came and appeared before Me David Dayton Surrogate of the said County Solomon Mead of the same County Minister and being duly Sworn on his Oath declared that he did see Joseph Osburn Sign and Seal the within Written Instrument purporting to be the Will of the said Joseph Osburn bearing date the twelfth day of August A D 1766 And herd him publish and declare the same as and for his last Will and Testament. That at the time thereof he the said Joseph Osburn was of sound disposing Mind and Memory to the best of the Knowledge and Belief of him the Deponent: And that his Name subscribed as Witness to the said Will is of his respective proper handwriting which he subscribed as Witness to the said Will in the Testators presence. And that he the Deponent saw James Brown of the same place Farmer and Amos Mead of Grenwich in Fairfield County Surgeon the other Witnesses to the said Will subscribe their Names Witnesses thereto in the Testators presence. David Dayton Surrogate Sir Henry Moore, Baronet, Captain General and Governor in Chief in and over the Province of New York and the Territories depending thereon in America Chancellor, and Vice Admiral of the same. To all to whom these presents shall come or may concern Greeting Know Ye, that at Westchester County on the tenth day of November last before David Dayton Esquire thereunto delegated and appointed the last Will and Testament of Joseph Osburn 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 of 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: and that Administration of all and Singular the Goods Chattels and Credits of the said deceased and any way concerning his Will, is granted unto Nathan Osburn the Executor in the said Will named being first duely 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 of New York to be hereunto Affixed at the City of New York, the sixteenth day of December One thousand seven hundred and Sixty six. John French.