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Subject: [NYSUFFOL] Will of Mary Deurcant Gardiner 1601-1665
Date: 2 Jul 2001 19:16:03 -0600
Mary Deurcant Gardiner, 1601-1665
New York,
ntl Vol 1 page 198
Memorandum written April 19, 1664
Probate June 6, 1664
The preceding part of following will does not appear in the old records.
Maidstone With all the Housing and Priviledges Appertaining to the Same
I give the one half of my Stock vizt. near Kine Horse Kinde and Sharpe. The one halfe I say I give to my Daughter Mary to bee divided equally by my overseers of this my Testament.
4. I give the one half of all my Household Goods to my Daughter Mary to bee divided by my overseers in equall parts.
5. I give the other halfe of my Stock to my Grand Childe Elizabeth Howell both that which is at the Island or elsewhere, to bee divided as aforesaid.
6. I give the other halfe of my Household Goods to my Grand Childe Elizabeth Howell to bee divided as aforesaid but with this Proviso. I give my Stock and Household Goods the
one part as aforesaid to my Grand Childe Elizabeth if God bee pleased to continue her to the Age of fifteen years, then to bee delivered to her by mine Executor whom I appoint to
bee my Sonn David a just Account being taken by my Overseers of the Stock and Household Goods, after my decease. But if shee my said Grand Childe die before the Age of fifteen years or before shee be Maryed, Then the aforesaid Stock and Goods shall be equally divided and one part my Sonn David shall have other my Daughter Mary or the
(...................)
I will also that if my Sonne D(.........................) her shall have the keeping of (...........) Goods till my aforesaid Grand Childe comes to the Age aforesaid, hee giving Sufficient Security to the Overseers of this my will and Testamt both of the Cattle and Goods fall to the share of my said Grand Childe; But if my Sonne David shall refuse this then my Sonn in Law Jeremiah Conckling, to have the refusall, but if both refuse Then my will is That my Overseers take the best way they can for the Security of the said Estate bequeathed by
me to my Grand Childe Elizabeth.
The Overseers of this my will and Testament I desire to bee Mr Thomas James Minister of the word of God and Mr John Mulford, Mr Robert Bond all of East Hampton. And what
time they shall spend either here on the Island about this my will, I allow them the same as formerly my Husband Lyon deceased in his last will and Testament hath appointed them.
But if anyone shall be deceased or removed then any two of them that remaine, to do the work, as if all three were present, if two be absent of these of the Overseers as aforesaid Then hee that remaines to take or Choose one or two more with him and with Consent of my heirs to be Allowed as aforesaid
Lastly my will is, my two Servants Japhel + Boose my Sonne David shall have the one + Daughter Mary the other, my Sonn David choosing which of them he will have also and this he understood that there is a Bill of Twenty five Pounds left in my hands by my husband Lyon Gardiner. This Bill shall be discharged to my Sonn in Law Arthur Howell or his heires, if my Grand Childe should die before She comes to the Age aforesaid. This Bill I will to bee discharged by my Sonne David + Jeremiah and they both to part the Goods between them, for which that Bill was made ffor confirmason of this my will and Testament, I set to my hand and Seale
Mary X Gardiner her mark
Wittness
Thomas James
John Mulford
Robert Bond
April 19th 1664
Memorandum I Mary Gardiner upon good consideraton since this my will and Testament was made do in all respects confirm the same, saving or excepting the Horse Kinde upon
the Island, my last will being to give to the Children of my sonn David and Daughter Mary Conckling, my Grand Children all the Horse Kinde between them to bee equally divided
and improved for their best advantage when they come of Age, Wittness my hand
Mary X Gardiner
her mark
Witness
John Mulford
Robert Bond
Thomas James
Janry 13 1664
The pro(...) of this will the 6th of June before ye Court of Sessions held in Southhold was Attested upon oath by two of the wittnesses, namely
Thomas James
John Mulford By me
Richard Terry Clerk
of Sessions
Administration granted unto David Gardiner of the Estate of Mary Gardiner his mother as Executor
Whereas David Gardiner of the Isle of Wight Alias Monchonock neare unto East Hampton in the East Riding of Yorkshire upon Long Island did at the Court of Sessions
held at Southhold in the Riding aforesaid in the month of June last, make proofe of ye last will and Testament of Mary Gardiner his Mother deceased and gave Security for the
performance of the particulars therein exprest according to the Law in that he halfe Provided; And the Original will so proved as aforesaid being in the office of Records at New Yorke. These are to Certify that the said David Gardiner is admitted to all intents and purposes as Executor of the last will and Testament of his said Mother. And hath full
and Lawful Power to do + Execute whatsoever is in the said Will required,
Sealed with the Seale of the office, and Dated the 5th day of October 1665.
M Nicholls Secry
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