Will of John Day
1723 Burlington Co NJ
What follows is the text of John Day's 1723 will from Burlington, NJ as nearly as I can make it out from the photocopies received from the State Archives. I have had to leave some blanks where I can not make out any letters that would make any sense.
The tenth day of the twelveth month in the yeare of our Lord one thousand seven hundred twenty three found I John Day in the township of New Hanover County of Burlington in the province of western Jearsey who being in perfect mind and
memory thanks be given to god for it and all others his mercys. Calling to mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this to be my Last will and Testament in the manner following (that is to say) principally and first of all I recomend my soul unto the hands of god that gave it and my body to the earth to be buried at the discretion of my Executors here after named and as touching such worldly estate wherewith god hath pleased to bless me with in this life to give and dispose of the same in the following manner and forme _ _ _ _ _ First I will that all my just debts be paid. Item I give to my son-in-law Tho. Branson the sum of five pounds and all my implements of husbandry. Item I give to my grandson Thomas Barton the sum of twenty pounds to be given at the age of twenty-one years and in case of his death before then to the children of Tho. Branson. Item I give to my grandchilden the children of Tho. Branson and Elizabeth his wife to the girls each one cow and to the boys each one horse as they grow up at the discretion of my Executrix and all the rest of my estate both real and personal I give to my daughter Elizabeth Branson during her natural life except one mare coult as my grand daughter shall she select and she kept to my gd daughter as foresaid and then to be divided equally amongst the children of her body and in case my said daughter to not dispose of my real estate in her lifetime then to be disposed only John Harvey and John Wright or the survivor of them and equally divided between the children of my said daughter except the said coult to Peter Harvey the son of John Harvey and I appoint my said daughter Executrix and my husband friends John Harvey and John Wright Executors of this my last will and testament and I do hereby disallow and remake and disattend all other wills formerly by me made in any will before this time made willed and bequeathed ratifying and confirming this to be my last will and testament.
This sixth day of June Anno Domini one Thousand (seven) hundred and twenty four formally came before me Samuel Bussill [Buffitt?] Deputy Surrogate of the Western Division of the province (of) New Jersey & appointed for the swearing of witnesses to last wills & testaments, Thomas Farby(?) and Thomas Fox, two of the witnesses subscribed to the will. Thomas Fox being sworn upon upon the holy Evangelist of Almighty God and Thomas Farby being one of the people called Quakers on his solemn affirmation which he took in these words (to wit) I Thomas Farby do declare in the presence of Almighty God the Witness of the Truth of what I say. They do declare that they were present and saw John Day sign & seal and heard him publish pronounce and declare this within written Testament to be his last Will & Testament and that at the same, the Testator was of sound mind and memory to the best of their knowledge & understanding, and that at the same time they did sign their names thereunto in the presence of the Testator and that the names Thomas Farby and Thomas Fox so subscribed is of the proper handwriting of them viz Thomas Farby and Thomas Fox. And they do also declare that at the signing sealing publishing and declaring of Ann Millard the other subscribed evidence was also personally present and did sign her mark as a witness to the written will in the presence of the Testator and that the mark to which filled up the name Ann Millard is the real mark of her, said Ann Millard. Sworn and Affirmed at Burlington
(page 4 of 5) This sixth day of June Anno:Dom: One thousand seven hundred and twenty four formally came before me Samuel Bussill D. Surrogate of the Western Division of the Province of New Jersey duly commissioned and appointed Elizabeth Branson John Harvey and John Wright, the Executors named in the Last Will & Testament of John Day Late of the Township of New Hanover Yeoman Deceased. John
Wright being sworn upon the Holy ............of Almighty God & Elizabeth Branson & John Harvey Being of the People called Quakers who on their solemn affirmation which they took in these words (to witt) I Elizabeth Branson, I John Harvey, so solemnly declare in the presence of Almighty God the Witness of the Truth of what we say - both declare that the within written contains a true and inventory of all and singular the goods and chattels Rights and Credits of the said Deceased so far forth as has come to their or either of their knowledge or viewor to the or knowledge of any other person for their or any of ................. use or uses. Sworn and attested Elizabeth
John Harvey (sig.)
John S. Wright (sig.)
This sixth day of June Anno: Dom: One thousand seven hundred and twenty four came before me Samuel Bussill D. Surrogate of the Western Division of the Province of New Jersey duly commissioned & appointed, William Rogers and Samuel Wright the appraisors within subscribed Wm Rogers being sworn upon the Holy .................of Almighty God & Samuel Wright being one of the people called Quakers upon his solemn affirmation which he took in these words (to witt) I Samuel Wright do solemnly declare in the presence of Almighty God the Witness of the Truth of what I say do .................and declare that the goods and chattels Rights and Credits in the within inventory set down and specified are appraised according to their true and respective values after the best of their judgment & understanding & that the Goods Chattels & Credits .........................are all of wore (sic) brought to their view. Sworn and affirmed at Burlington
William Rogers (sig,) Sam:e Bussill, Samuel Wright (sig.)
................inventory of the goods chattells and ...........of John Day Late of the township of New Hanover and County of Burlington Province of West Jersey................... as followeth To pass and apparent (?) bonds and bills is L 161.16.9 (?not sure!) ..................and furniture household goods and horses L 045.04.0 to collect (call....?) ................eighteen pounds five shills 018.05.5 Approved the 5th day of June in the year of | the sum total is our Lord one thousand seven hundred and twenty } 225.....6...2 four, by us whose names ....................written | The sum total is Two(?) hundred twenty-five pounds six shills and .... to one plantation lying in Springfield.
I do not know if John Day is my ancestor; that depends on how the Branson line pans out.