WILL: Daniel Purdy; Rye, Westchester co., NY surname: Purdy, Haight, Carhartt submitted by Almadean Jackson (acostich @ theofficenet.com) ************************************************************************ 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 copy by Almadean Jackson New York County NY Will Book vol. 27 page 4 LAST WILL AND TESTAMENT OF DANIEL PURDY In the name of God Amen this fifteenth day of May A.D. 1761 I Daniel Purdy of Rye in the County of Westchester and Province of New York being at present in good health but calling to mind the uncertainty of this mortal life and that it is appointed unto all men once to dye do make this my last Will and Testament in manner and form just and loving. Imprimis: I will and order that my just debts funeral charges and the charges of settling my estate be paid by me executors out of my movable estate in some convenient time after my decease. I will and order that my loving wife Anna Purdy shall have the liberty of living in that part of my dwelling house called the Stone House and cellar hereto adjoining during her widowhood or life and I also give my said wife all my household goods of every sort unto me belonging at my decease be they more or less and wheresoever they may be found and also give her three cows, six sheep and two swine of her choice. I also give unto my said wife my negro wench called Phillis during my said wifes life and after the death of my said wife that then said negro wench shall come and descend unto my daughter abigail wife of David Haight to her use and benefit absolutely. I further order that what children the said negro wench Phillis shall have during my said wifes life shall be the property of my son Hackaliah Purdy and to and for his use on this condition that he provide for and maintain said children. I give also my negro man Tom to be to and for the use of said wife during her life and after her death to be to the use of my two sons Joshua and Hackaliah Purdy to be under their care and not sell and dispose of him to anyone. And I order that the cows and sheep above given to my wife she shall have the liberty of pasturing them on my lands and cutting hay for them, either on that part hereby given to my son Joshua or Hackaliah as shall sute her best and cutting firewood also on either of their parts for her use. Item: I give and bequeath unto my two sons Joshua and Hackaliah Purdy to them their heirs and assigns in severally for ever when divided all my lands and meadows in Rye on Budds Creek equally between them in the form and manner following. To Joshua the Disbrow lot west of the coventry road which with the sixty acres I have given him a deed for also on the west side of the road and all my land above the beaver swamp to be accounted in his half part. Also to Joshua my lott called the Ogden Lott east of the country road to be also accounted as part of his half of my lands. Item: That Hackaliahs part of my lands as above is that parcel of land where I now dwell east of the country road from Charles Theals land to the land late Joseph Lyons. Also the lot of land which I had of Lounsberys east of the country road for which I have given him deed for to be accounted in and part of his half of my lands as above, also that Hackaliah shall have in his half my lot called Hart Lott west of the country road and in case when a division of my lands in said rye is made if Joshua hath in the above parcels more than half, Hackaliah is to be made up of the Disbrow lot next to the Hart Lot and if Hackaliah hath more in his parcels Joshua to be made up of the Disbrow Lott. And whereas there is a convient place on Titus River for building a mill thereon which is on my land, I give the said Liberty and right of the stream on said river to build a mill on unto my said two sons Joshua and Hackaliah Purdy equally between them, their heirs and assigns in severally forever together with fourty acres of land to belong to said mill also between them forever for the use and benefit of said mill said fourty acres to be bounded as follows northerly by the road leading to Richfield between said road and titus river and easterly by Del line, and so to go southerly over said river to make up fourty acres as above is intended and the mill stones I have provided already to be to them for the use of said mill. I further give and bequeath unto my said two sons Joshua Purdy and Hackaliah Purdy to them their heirs and assigns forever in severally when divided the remainder of all my land in the manner of Courtland and Westchester County be the same more or less equally between them, Hackaliah to have the northmost part and Joshua to southernmost part. Item: I give unto my son Joshua Purdy my negro men Andrew and Lewis absolutely to his use and disposal. I give unto my son Joshua Purdy my gun and twenty shillings to be paid and delivered him by my executors out of my movable estate over and above what is hereby given him before in full Barr to his claim as eldest son or heir and anymore of my estate. I give my old gun and carpenters tools unto my son Hackaliah Purdy to his use and disposal and all my wearing apparel of every sort unto me belonging at my decease I give unto my said two sons Joshua and Hackaliah Purdy equally between. I also give all my farming untensils of every sort unto my said two sons Joshua and Hackaliah equally between them I give unto my son Hackaliah Purdy my two negroes Plate and Peter to use and behoof absolutely. I will and order that the burying place on the Neck shall be and remain as a burying place forever for the use of our family and relations with full liberty to go to and from the same to bury their dead. I give and bequeath unto my daughter Elizabeth widow of Thomas Carhartt all that my house and land where she now dwells in Harrisons purchase which was William several years with all appurtenances unto the same belonging for her use and benefits so long as she remains a widdow or dyes and after her marrying again or death that my executors shall sell and dispose of my said house and land and that their deed for the same to the purchaser shall as good in law as if given by myself in my own lifetime to all intents and purposes and the amount of the same shall sell for to be divided equally among all the children of my said daughter Elizabeth that shall be alive at the time of the sale and division of said money it sells for. Item: I give and bequeath unto my son-in-law David Haight and my daughter Abigail his wife, the heirs of her body or their assigns forever all that my peice of salt meadow lying on Little Neck (so called) in Rye containing four acres be the same more or less and howsoever the same is bounded. Item: I give unto my daughter Elizabeth Carhartt the two cows she now hath of mine in her possession to her use absolutely. Item: I give and bequeath unto my two sons Joshua and Hackaliah Purdy all my right in the ferry from Rye to Oyster Bay equally between them their heirs and assigns in sveralty forever. Item: I bequeath and give unto my two daughters Elizabeth, widdow of Thomas Carhartt and Abigail the wife of David Haight equally between in severalty between them and theirs heirs for their use and disposal all and singular what money and other movables of every sort in whose hands soever the same may be or can be found and be the same more or less that shall or may belong unto me at the time of my decease not othersays by this will disposed of anything herein to the contrary not withstanding. Lastly I nominate and appoint my said two sons Joshua Purdy and Hackaliah Purdy to be the executors of this my will hereby revoking all former wills by me made or executors named and confirming this and no other to be my last Will and Testament. In witness whereof I have hereunto set any hand and seal the day and year first above written the interlining between the fifth and sixth lines of the cows to Elizabeth Carhartt was done before execution. D. Purdy signed sealed pronounced and declared by the said Daniel Purdy to be his last Will and Testament in the presence of us called to witnesses: her mark Alida X Carhartt, Jane Carhartt, Jn. Carhartt Westchester County js. Be it remembered that on the 14th day of February 1769 personally came and appeared before me Caleb Fowler Surrogate of the said county, John Carhartt of Westchester County schoolmaster and being duly sworn on his oath declared he did see Daniel Purdy sign and seal the within written instrument purporting to be the will of the said Daniel Purdy bearing date the fifteenth day of May 1761 and heard him publish and declare the same as and for his last Will and Testament that at the time thereof he the said Daniel Purdy was of sound disposing mind and memory to the best of the knowledge and belief of him the deponent 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 deponent saw Alida Carhartt and Jane Carhartt the other witness to the said will subscribe their names as witness thereto in the testators presence. Caleb Fowler Surrogate Sir Henry Moor Baronet Captain General and Governor Chief in and over the Province of New York and the Territories depending thereon in Americal, Chancellor and Vice Admiral of the same. To all to whom these presents shall come or may concern, send greeting know that at Westchester County on the fourteenth day of February last before Caleb Fowler Esquire thereunto delegated and appointed the last Will and Testament of Daniel Purdy 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 Joshua Purdy and Hackaliah Purdy the executors in the said will named being first duly sworn will 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 Prerogation seal of the Province of New York to be hereunto affixed at the city of New York the eleventh day of April one thousand seven hundred and sixty nine by his Excellency's command. Ph Livingston Jun.