Amanuensis Monday: 1780 Will of William Winterton of New York City

WILL OF WILLIAM WINTERTON

of New York City, New York County, New York

Signed July 23, 1780

Proved October 8, 1785

New York County, New York, Wills Volume 38, pages 196-199

In the Name of God Amen.  I, William Winterton, of the City of New York, Mason, being of sound mind, memory, and understanding, do make and publish this, my last will and testament, in manner following, that is to say.

First.  I desire that all my just debts and funeral expences be paid so soon after my decease as possibly may be and after payment thereof I leave, devise, and bequeath all the rest, residue, and remainder of my real and personal estate of what kind or nature so ever and wheresoever to my dearly beloved wife, Ann Winterton, to have and to hold to her and her assigns for and during and unto the full end and term of her natural life, provided and upon this special condition that she will not marry any other husband after my decease.  And in case she shall or will marry any other husband, then and in such case, I desire that all my real and personal estate may be sold to the best advantage and divide between my dearly beloved wife, my son, William Winterton, and daughter, Jane Winterton, the wife of John Johnston, share and share alike.  But in case my said wife shall not marry after my decease but shall die in her viduity, then and in such case my will is that all my real and personal estate shall from and immediately after such conti[n]gency happening, go to and be divided between my said son and daughter, share and share alike as aforesaid.  And in case either my said son or daughter should die before my said wife without issue, then and in such case I leave, devise, and bequeath the share and Proportion of such child so dieing as aforesaid to the other survivor, his or her heirs, executors, administrators, or assigns.  And my will is that the said John Johnston, the husband of my said daughter, Jane Winterton, shall not have any power whatsoever over any part of the proportions or share of my estate hereby devised and bequeathed to her, but that the same shall descend to the children of the said Jane by the said John Johnston or any other after taken husband or as it shall or may be disposed of by her last will and testament.  Immediately preced.g her decease.

And Lastly I do hereby constitute my said dearly beloved wife, the said Ann Winterton, the sole Executrix of this, my last will and testament, hereby revoking all former wills by me heretofore made, declaring this to be my last will and testament.

In Witness whereof I have hereunto set my hand and seal this twenty third day of July in the year of our Lord one thousand and seven hundred and eighty.

  –William Winterton—

Signed, sealed, published, and declared by the said William Winterton as and for his last will and testament in the presence of us who have hereunto set our names as witnesses in his presence at his request and in the presence of each other.

--Ter Kerin

--Lewis Morgan

--Joseph Cary

City of New York.  Be it Remembered that on the eighth day of October in the year of our Lord one thousand seven hundred and eighty five, personally came and appeared before me, Thomas Tredwell, Judge of the Court of Probates of the State of New York, Lewis Morgan of the City of Philadelphia, physician, and being duly sworn on his oath, declared that he did see William Winterton sign and seal the preceding written instrument purporting to be the will of the said William Winterton, bearing date the twenty third day of July in the year of our Lord one thousand and seven hundred and eighty and heard him publish and declare the same as and for his last will and testament, that at the time thereof he, the said William Winterton, was of sound disposing mind and memory to the best of the knowledge and belief of him, the Deponent, and that Terence Kerin and Joseph Cary, together with the Deponent, subscribed the said will as witnesses thereto in the Testators Presence.

--Thomas Tredwell

The People of the State of New York, by the grace of God, Free and Independent, to all to whom these Presents shall come or may Concern, Send Greeting.  Know Ye that at the City of New York, on the day of the date hereof, before Thomas Tredwell Esquire, Judge of our Court of Probates, the last will and testament of William Winterton, deceased, (a copy whereof is hereunto annexed) was proved and is now approved and allowed of by us and the said deceased having, whilst he lived and at the time of his death, goods, chattels, and credit within this State, 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 us, the administration of all and singular the goods, chattels, and credits of the said deceased and any way concerning his will, is granted unto Ann Winterton, the Executrix in the said will named, she being first duly 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 there of when thereunto required.

In Testimony whereof we have caused the seal of our Court of Probates to be hereunto affixed.  Witness Thomas Tredwell, Esquire, Judge of our said Court at the City of New York, the eighth day of October in the year of our Lord one thousand seven hundred and eighty five.

--Dav Judson Clk

Family Picture from eBay

Another Duryea family image found on eBay- IF the label is correct.  This is a tintype mounted in a paper sleeve.  "Seth and Eliza Duryea & Lucile Raymond" is written in black ink on the paper sleeve.

Seth is an unusual name in the Duryea family.  There are two candidates for the male subject of this picture, both born about 1890.  One was in Nebraska; the other in Lewisboro, Westchester County, New York.  Seth Duryea (1889-1927) from New York had an older sister named Eliza (1896-1966).  Their parents were Stephen C Duryea (1857-1923) and Susan Ophelia Austin (1857-1933).  [Two years ago, letters to this Stephen C Duryea appeared on eBay.  Makes me think there was an estate sale and more goodies might turn up.]

In the 1910 census, Lucile Raymond, age 19, is enumerated on the same page as Seth and Eliza Duryea.  I think this makes a good case that the tintype's label applies to this group of individuals.  Posing for a picture together perhaps indicates that there is a familial relationship between Duryea and Raymond.
 

Donald Riley, born in Ohio in 1922, applied for membership to the National Society, Sons of the American Revolution under Sands Raymond (1730-1797).  [Images of the applications are available at Ancestry.com.]  Donald wrote that he was the son of John Henry Riley Jr and Lucile Raymond, and that Lucile's parents were Charles Asa Raymond and Nancy Denman.

If anyone has any other known or suspected photographs of any of these individuals, we can compare them for similarities.

Amanuensis Monday: 1823 Will of William Walling of Middletown, New Jersey

WILL OF WILLIAM WALLING

Of Middletown, Monmouth County, New Jersey, United States

Signed December 3, 1823

Proved May 18, 1824

Monmouth County Wills Volume B 1816-1826, pages 396-397

I, William Walling, of the township of Middletown, County of Monmouth and State of New Jersey, being of sound mind and memory, do make and publish this for my last will and testament.

First, I do order that all my just debts and funeral expences be paid by my Executors out of my personal Estate immediately after my decease.

Second, I give and bequeath to my wife, Rebecca, the use of my Estate, both real and personal, during her natural life or widowhood, she to maintain and bring up my youngest children untill they arrive to the age of twenty one years, and in case of the marriage or decease of my said wife, I do order my Executors hereinafter named to take charge of my property both real and personal for the purpose of bringing up and supporting my youngest children untill they arrive to the age of twenty one years at their discretion.

Third.  The repairs that may be necessary for my real Estate I do order my Executors to cut and sell wood off of my real Estate, sufficient to pay for said repairs.

Fourth.  In case my wife accepts the said bequest in lieu of her dower, my will is that after her decease, the residue of my Estate (after payment of debts) both real and personal, be equally divided amongst my children, share and share alike, in fee simple.

Fifth.  In case my children cannot agree themselves about the division of my Estate as aforesaid, it is my will and I do order my Executors or the survivor of them to sell All my Estate, both real and personal, and the money then arising to be equally divided among all my children or their lawfull heirs.

And Lastly I do appoint my three sons, Isaac Walling, Amos Walling, and William Walling, Executors of this, my testament and last will.

In witness whereof I have hereunto set my hand and seal this third day of December in the year of our Lord one thousand eight hundred and twenty three.  –William Walling—

Signed sealed published and declared by the said William Walling to be his testament and last will in the presence of us, Thos Vanderhoef, Stephen Bedle, Thomas Walling.

Stephen Bedle, one of the witnesses to the foregoing will, being duly sworn according to law, did depose and say that he saw William Walling, the testator therein named, sign and seal the same and heard him publish pronounce and declare the said writing to be his last will and testament and that at the doing thereof the said testator was of sound and disposing mind and memory as far as this deponent knows and as he verily believes and that Thomas Vanderhoef and Thomas Walling, the other subscribing evidences, were present at the same time and signed their names as witnesses to the said will together with this deponent in the presence of the said testator.  –Stephen Bedle—

Sworn and subscribed at Freehold the 18^th day of May 1824 before me .  –P. C. Vanderhoef, Surrogate

Isaac Walling and Amos Walling, two of the Executors in the within testament named, being duly sworn according to law, did severally depose and say that the within writing contains the true last will and testament of William Walling the testator therein named so far as they know and as they verily believe that they will well and truly perform the same by paying first the debts of the said deceased and then the legacies in the said testament specified so far as the goods chattles and credits of the said deceased will thereunto extend and that they will make and exhibit into the Surrogate Office of the County of Monmouth a true and perfect Inventory of all and singular the goods, chattles, and credits of the said deceased as far as shall come to their knowledge or possession or to the possession of any other person or persons for their use and render a just and true account when thereunto lawfully required.  –Isaac Walling, Amos Walling—

Sworn and subscribed at Freehold the 18^th day of May 1824 before me.  –P C Vanderhoef, Surrogate—

I, Peter C Vanderhoef, Surrogate of the County of Monmouth, do certify the annexed to be a true copy of the last will and testament of William Walling, late of the County of Monmouth, deceased, and that Isaac Walling and Amos Walling, the Executors therein named, proved the same before me and are duly authorised to take upon themselves the administration of the Estate of the testator agreeably to the said will.

Witness my hand and seal of office the eighteenth day of May in the year of our Lord one thousand eight hundred and twenty four.  –P C Vanderhoef, Surrogate—