\osborne\contrib\carlosburn\westwill.txt Updated: 7/4/2005
Will and Probate of John Osborn
(Contributed by Carl Osburn)
In the name of God Amen. June the seventh day anno que domini one thousand
seven hundred and fifty four I John Osborn of Salem Westchester County in the
Province of New York being in perfect mind and memory thanks be unto God
therefore calling into mind the mortality of my body and knowing that it is
appointed for all men once to die, do make and ordain this my Last Will and
Testament that is to say principally and first of all I give and recommend my
soul into the hands of God that gave it and for my body I recommend it to the
Earth to be buried in a Christian like and decent manner at the direction of
my Executors hereafter named nothing? doubting but at the general
Resurrection I shall receive the same by the mighty power of God and as
touching such Worldly Estate wherewith it hath pleased and to bless me with
in this Life I give devise and dispose of the same in the following manner.
In the first place, it is my will and I do hereby order that all my just
debts and funeral charges be first paid out of my Estate. 2dly, I give unto
weel (sic) beloved Wife Sarah Osborn one half of my Dwelling? House and a
third part of my Lands to be to her use during the time she continues my
Widow and one cow besides? the goods she brought to me. 3dly I give unto
Patience the Mother of my first children five pounds New York money to be
raised out of my moveable Estate. 4thly I give unto my daughter Mary Osborn
fifteen pounds New York to be paid out of my moveable Estate. 5thly I do
hereby order that my daughter Abigail Osborn is to be supported by my sons
hereafter named out of my Estate during her natural Life according to each
what they receive of the same. 6tly I give unto my weel (sic) beloved sons
John Osborn, Daniel Osborn, Ebenezer Osborn, Richard Osborn and David Osborn
all my lands to be to them and to their heirs and assigns forever to be
divided between them in the following manner that is to say my son John being
the eldest is to have double to each one of his Brethern and if there is
moveable Estate not yet disposed of to be equally divided between my five
sons. Lastly I constitute and appoint my good friend Josiah Gilbert of Salem
and Lewis McDonald of Bedford to by my Executors of this my last Will and
Testament and I do hereby utterly disallow, revoke and disannill? all and
every other former Testaments Wills Legacies and Executions by me anywise
before this time named Willed and bequeathed ratifying and confirming this
and no other to be my last Will and Testament in witness whereof I have here
unto set my hand and affixed my Seventh day and year above written
John Osborn (SS)
Signed sealed published pronounced and declared by the said John Osborn that
the above is his last Will and Testament in the presence of us Ephraim
Kellam, John Holmes Junior, Lewis McDonald, Westchester County. So be it
remembered that on the twenty third day of May one thousand seven hundred and
sixty seven personally came and appeared before one David Dayton Surrogate of
the said County Lewis McDonald Serivner? of the same County and being duly
sworn on his oath declared that he did see John Osborn sign and seal the
within written Instrument purporting to be the Will of the said John Osborn
bearing date June the seventh 1754 and heard him publish and declare the same
as and for his last Will and Testament That at the time thereof he the said
John Osburn was of sound disposing mind and memory to the best of the
knowledge and belief of him the deponent and that his name subscribed to the
said will is of his proper hand writing which he subscribed as Witness to the
said Will in the Testators presence and that he the Deponent saw Ephraim
Kellam and John Holmes Junior the other two Witnesses to the said Will
subscribe their names as Witnesses thereto in the Testators presence.
David Dayton Surrogate
Sir Henry Moon Baronet Captain General and Governor in Chief in and over the
Province of New York and the Territories depending thereon in America
Chancettor and Vice Admiral of the same to John Osborn of Westchester County
Farmer?, eldest son of John Osborn late of the said county Farmer? deceased,
sendeth Greeting. Whereas the said John Osborn in his lifetime made his last
Will and Testament in writing / a copy whereof is hereunto annexed / and
thereby appointed Josiah Gilbert Esq and Lewis McDonald Executors thereof and
some time after departed this Life, which said Will was at the said County of
Westchester on the Twenty third day of May last before David Dayton Esq
thereunto delegated and appointed duely proved and is now approved and
allowed of by me the said deceased having whiled be 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 governing 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
whereas the said Josiah Gilbert and Lewis McDonald Executors as aforesaid, by
certain instrument in writing under their hands and seals have renounced and
expressly disclaimed their Executorship and right of administration of the
Estate of the said decreased in favor of You the said John Osborn, and I
being desirous that the goods chattels and credits of the said deceased may
be well and faithfully administered and converted and disposed of according
to the true intent and meaning of his said will, do give and grant unto You
the said John Osborn full power by these presents to collect levy recover and
receive all and singular the goods chattels and credits of the said deceased
and the same to dispose of according to the Tenor and effect of his said
Will, and as the Law directs being first duely sworn will and faithfully to
administer and fulfill the will of the said deceased and to pay his debts and
legacies as far forth as his goods chattels and credits will thereunto extend
and the law bind you and also to make a true and perfect inventory of all and
singular the said goods chattels and credits as also a just account, and to
exhibit the same when thereunto required. And I do by there forecuts?
ordain depute and constitute you the said John Osborn administrator of all
and singular the goods chattels and credits of the said John Osborn so as
aforesaid deceased, together with his said Will annexed. In Testimony
whereof I have acused the Perrogative seal of the Province of New York to be
hereunto affixed at the city of New York the first day of September one
thousand seven hundred and sixty seven.
John French
Transcribed from SAMPUBCO copy by Carl Osburn
New York Co., NY Will Book 26 pages 36-38
Notes/questions: Is this the John Osborn who m Patience Killam?; many of the
children's names match. Other sources give her name as Kellner, Ketchum or
Kellam. Ephraim Kellam was a witness; could he have been related to
Patience?
Will and Probate of Joseph Osborn
(Contributed by Carl Osburn)
In the name of God Amen. I Joseph
Osburn of Westchester County Manor of Cortlandt and State of New York being
weak in body but of a perfect mind & memory Blessed be God, Do this
fourteenth day of September in the tenth year of the Independence of the
above said State and in the year of our Lord one thousand seven hundred &
eighty six make and publish this my last Will and testament in manner
following( that is to say) Imprimis I command my soul into the hands of
Almighty God who gave it me and my body to the earth from whence it cames
(sic) in hope of a joyful resurrection through the merits of my savior Jesus
Christ and as for that worldly estate wherewith it hath pleased Got to bless
me I dispose thereof as follows. First it is my Will that all my just debts
shall be paid out of my movable estate and of the land I have at Tommihawk
which is to be sold for that purpose and my funeral charges which I leave to
the discretion of my Executors to be done in a deasent (sic) Christian mannor
(sic). Item I give to my loving wife Martha Osburn one third part of all the
remaindure (sic) of my real and personal estate together with the use of the
whole until my youngest son arrives to the age or twenty one years.
Item I give to my son Samuel Osburn the bull faced mare and to my son
David Osburn the bay horse and to my son Ezras Osburn the chose (sic) of the
two year old colts and to my son Ebenezer Osburn the other year old colt and
to my youngest son Joseph Osburn a horse to be valued at fifteen pounds of
good and lawful money of the above said State and all the remaining two
thirds of my real and personal estate whatsoever whereof I shall die seised
(sic) in possession, reversion or remainder it is my Will that it should be
divided equil (sic) between my above said five sons Viz Samuel, David, Ozias,
Ebenezer and Joseph Osburn and to my two daughters Elizabeth and Hannah
Osburn and equil (sic) proportion with my above said five sons except my
eldest son Samuel who if his grand father Abraham Wright gives him to the
amount of their equil (sic) proportion in my estate then the above said
proportion of my estate is to be equially (sic) divided between the my other
four sons and two daughters or in like manner to either of the rest of my
four sons and two daughters; and I make constitute and ordain my loving wife
Martha Osburn and my two eldest sons Samuel Osburn and David Osburn to be my
Executors in trust and that they shall return all their charges and expences
(sic) whatsoever in relation to their said trust-In Witness whereof , I the
said Joseph Osburn leave to this my last will and testament set my hand &
seal this day and date above written-
Joseph Osburn S.S.
Signed sealed published and declared by the said Testator as and for his
last Will and testament in the presents (sic) of us who at his request in his
presence and in the presence of each other have subscribed our names
Witnesses thereto.-Nathe Smith, John Finch, Samuel Jonah Curtis Westchester
County} ss Be it Remembered that on the seventh day of November in the year
of our Lord one thousand and seven hundred and eighty six personally came and
appeared before me Richard Hatfield Esquire Surrogate of the said County
Nathaniel Smith, John Finch and Samuel Jonah Curtis and being of Westchester
County duly sworn on their oaths declared that they did see Joseph Osburn
deceased sign and seal the within written instrument purporting to be the
will of the said Joseph Osburn bearing date the fourteenth day of September,
one thousand seven hundred and eighty six and heard him publish and declare
the same as and for his last will and testament that at the time thereof he
the said Joseph Osburn was of sound disposing mind and memory to the best of
the knowledge and belief of the Deponents and that they the Deponents
together subscribed their names as Witnesses to the said Will in the presence
of the Testator.
Richard Hatfield, Surrogate
The People of the State of New York by the grace of God Free &
Independent to all to whom there presents shall come or may concern-Send
Greeting Know Ye that at Westchester County on the seventh day of November
instant before Richard Hatfield Esquire thereunto by us delegated and
appointed the last Will and testament of Joseph Osburn 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 or credits 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 and any way concerning his Will is granted unto Martha Osburn
Samuel Osburn and David Osborn the executors in the said Will named they
being first duly sworn well and faithfully to administer the same and 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 thereof 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 sixteenth day of November in
the year of our Lord, one thousand seven hundred & eighty six-
Davd Judson Clk
Transcribed from SAMPUBCO copy by Carl Osburn
New York Co., NY Will Book 39 pages 404-6
Note: the names appear to be those of Joseph who m Martha Wright; however
the will has Joseph dying bet 14 Sep and 7 Nov 1786. The Ancestry listings
spell the name as Osborne and give the date of death as 26 Sep 1796. Note
Ozias is also spelled as Ezras in the document