\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