Underhill Budd - 1755
In the name of God Amen. This tenth day of May in the year of our Lord 1755 Underhill Budd of Mamaroneck in the County of Westchester and Province of New York being weak in body but of sound and disposing mind and memory for which God be thanked calling to mind that6 its appointed unto man once to dye and after that the judgment do make ordain and appoint this my last will and testament in the following manner viz.
Principally and first of all commending my soul into the hands of God who gave it and my body o the earth to be buried in a decent Christian manner at the discretion of my executors hereinafter named in hopes of a glorious resurrection at the last day by Gods Almighty power and as touching that portion of worldly estate which which it hath pleased God to bless me I will devise and bequeath the same as followeth:
Imprimis I will and order that my just debts and funeral charges and expenses of proving this will be paid by my executors out of my moveable estate.
Item I give and bequeath to my loving wife Sarah Budd one bed and furniture at her choice out of those in the house. One horse and sidesaddle. One hundred pounds current money of New York and one equal fourth part of all my moveable estate or the produce by sale thereof after the above payments and all such particular legacies out of the same as shall be herein expressed and given. I also give and bequeath unto my said loving wife the use of my now dwelling house and all my estate in lands untill my son Gilbert arrives to the age o twenty one years provided she remains my widow so long and out of the profits of said lands and house she shall be at all the expence of maintaining and educating my said son Gilbert and to give him good learning and education until he arrives at that age unless she shall marry again before my said son arrives to the age of twenty one years in which case it is my will and order that the use and profits of my house and lands shall accrue to the benefit of my son after the remarriage of my widow out of which his maintenance and learning to be provided for.
Item I give devise and bequeath unto my son Gilbert Budd his heirs and assigns for eve all my house and lands in reversion to be at his use and disposal when he comes to the age of twenty one years and for his benefit at the death or remarriage of his mother if either of them shall be sooner but if it shall please God to take away by death my said son before he comes to the full age above I will and appoint that all my houses and lands shall be sold by my executors whose deed or deeds shall be a good title to the purchaser or purchasers their heirs and assigns for ever and I will and appoint the money arising by such sale or sales shall be equally divided between my wife and my three daughters or the then survivors of them in case either of them shall die sooner.
Item I will and bequeath unto my said son Gilbert Budd thirty five pounds out of my moveable estate to be out at interest for his use to purchase a negro when he comes to enjoy his estate also I give and devise unto my said son all my wearing apparel, my gun, sword, and cane, and a horse of fourteen pounds value with a bridle and saddle.
Item I give and devise unto my loving daughter Sarah wife of Andrew Lyon over and above what I have provided already for her out set and shall bestow upon her in my life time forty pounds current money of New York to be out of the moveable estate before division and also one equal fourth part of all my moveable estate or the produce by sale thereof after payments of debts and particular legacies as exprest above in the bequest to my wife.
Item I give and bequeath unto my loving daughter Thamar Budd one equal fourth part of all my moveables or produce thereof after payment of debts and legacies as expessed above.
Item I give and bequeath unto my loving daughter Mary Budd a like equal fourth art of all my moveables after payments of debts and legacies as above expressed and it is my will that the shares above bequeathed to my daughters Thamar and Mary shall be and remain in the possession and use of my widow untill my said daughters respectively arrive at the age of eighteen years or marry which shall happen soonest and if either or both of them shall die before the time for receiving their portions it is my will that such share or shares so lapsing shall be equally divide between my wife and son and other daughters or the survivors of them.
Lastly I do hereby nominate and appoint my loving wife Sarah Budd and Captain John Gidney of the manor of Scarsdole to be Executors of this my will and Testament hereby revoking and disallowing all former wills and executors by me nominated and declaring this only to be my last will and testament.
In Witness whereof I have hereunto set my hand and seal the day
and year first above written
Signed Sealed published and pronounced by the said Underhill
Budd to be his last will in presence of James Horton, F. Wetmore, Anne Griffin.
James DeLancey Esqr. his majesty's Lieutenant Governor and
Commander in Chief in and over the Province of New York and the territories
depending thereon in America and Vice Admiral these presents shall come as may
concern Greeting, Know ye that at Westchester County on the thirty first day of
May last before John Bartow Esqr. being thereunto delegated and appointed the
last will and testament of Underhill Budd deceased (a copy whereof is hereunto
annexed) was proved and now appointed 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
and chattels and credits of the said deceased and any way concerning his will
was granted unto Sarah Budd and John Gidney the Executors in the Executors in
the said will named being first sworn well and faithfully to administer the same
and to make and to make and exhibit a true and perfect inventory of all an
singular the said good chattels and edits and also to render a just and true
account thereof when thereunto required.