WILL: Benjamin Sutton; North Castle, Westchester co., New York
surname: Sutton

submitted by Stefani Evans (sevans50 at aol.com)
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Source: sampubco.com
Original Wills Folder AS-76
also recorded New York co NY Will Book Vol. 21 page 426
Written: 1 Sep 1759
Probated: 8 Oct 1759

In the name of God Amen.
This first day of September One thousand Seven hundred and fifty Nine I
Benjamin Sutton of North Castle in the County of Westchester and province of
New York being very weak in Body but of perfect mind and memory thanks be
given to God therefore Calling to Mind the Mortality of my Body and knowing
that it is appointed for all men Once to Die Do make this my Last Will and
Testament that is to say first and principally of all I Give and bequeath my
Soul unto the Hands of God who Gave it and as for my Body I recommend it to
the Earth to be Buried in a Christian like Manner at the Discretion of my
Executors hereafter Named and as for Such Earthly Estate in herewith it hath
pleased God to Bless me with in this Life, I Give and dispose of in the
following Manner and form Impri. 

First I order and it is my will that all my Just Lawfull Depts and funeral
Expenses be Satisfied and paid. 

Item I Order and it is my Will that my Wife Shall have the Farm whereon I now
live and all my personal Estate after my Depts is paid and my Daughter Rachel
Shall have as much as my two Daughters has had that was Married before her
which I Order my Executors hereafter named to pay to her for her own benefits
and the Childrens untill my Youngest Daughter Abegell Shall be Thirteen Years
Old. 

Item I Order and it is my Will that when my Daughter Abegell Shall come to the
age of thirteen Years that my plantation above mentioned and which I have
reserved for my Wife and Children untill my Daughter Abegell Shall be thirteen
Years old be Sold and out of the Moneys arising therefrom I give to my Eldest
Son John Sutton the Sum of One Hundred and five pounds Current Money of the
provence of New York I Give likewise out of said Moneys to my Second Son
Benjamin Sutton the Sum of Ninety five pounds Like Money as above said and the
Remainder of Moneys arising from the Sail of said Farm I Order and it is my
Will that it be Equally Devided between my four younger Sons Rubin Sutton,
Charles Sutton, Joshua Sutton and Caleb Sutton. 

Item I Order and it is my Will and I to give to my Loveing Wife Elener Sutton
one Equal third part of all my moveable Estate and the other two thirds of my
Moveable Estate I Order to be Sold in Some Convenient time after my Decease at
the Descreshon of my Executors and out of the Moneys arising therefrom I order
my just Depts to be paid and my Daughter Rachel to have as much out of said
Moneys as Shall be equal with either of her Sisters that was Married before
her and the remainder of said Moneys I order it is my Will and I Give it to my
two Daughters Mary Sutton and Abegell Sutton to be Equally Devided between
them. 

Item I do hereby Constitute and appoint my Loveing wife Elener Executrix and
my Son John Sutton and my Son in Law Stephen Faronton Executors in Trust for
me and in my place and Sted to act and I do hereby make void and Disallow all
and every other Wills and Testaments made by me before this date Ratifying
Confirming and allowing this and no other to be my Last Will and Testament.
Benjamin Sutton [L.S.]

Published and […] by the said Benjamin Sutton as his Last Will and Testament
in the presents of the Under Written Witnesses
Benjamin Smith
John Loverich [Leverich?]
Joshua Hutchings

Westchester County S.S.
Be it Remembered that on the Eighth day of October In the Year of our Lord One
Thousand Seven hundred and fifty Nine personally came & appeared before me
John Barton Surrogate of the said County Benjamin Smith & Joshua Hutchings
both of the same County Yeomen & being duly affirmed on their affirmation
Declared that they & each of them did see Benjamin Sutton Sign & Seal the
within written Instrument purporting to be the Will of the said Benjamin
Sutton bearing date the 1st Day of Sept. 1759 & he ordered him publish &
declare the Same to be his Last Will & Testament that at the time thereof he
the said Benjamin Sutton was of Sound Disposing mind & Memory to the best of
their knowledge & belief of them the affirments & that their Names Subscribed
to the said Will are of their respective proper hands Writing which they
Subscribed as Witnesses to the said Will in the Testators presence and that
they the affirments Saw John Loverich the other Witness to the said will
Subscribe his name as a Witness thereto in the Testators presence.
Jno. Barton [Bartow?] Surrogate

[Probate date 8 Oct 1759]