Dr. John Stewart
Last Will and Testament
1 Septemter 1704
In the Name of God Amen I John Stewart of Sussex County in the Territories of the Province of Pennsylvania, Chirurgeon being sick and weak in the body but of Sound and perfect mind and memory praise be therefore given to Almighty for the same, doe make this my Last Will and Testament in manner and for following Viz.
Imprimis, I give and bequeath my soul into the hands of God that gave it me and my body I comitt to the Earth, from whence it was taken, to be decently Buried and the discreation of my Executor hereafter named and as for my worldly Estate whereof it hath pleased Almighty God in this vain and Transitory world to bless me with all I give and Dispose thereof as follows viz,
Imprimis my will is that all and singular my lawful and just Debts be truly and honestly paid and Funerall Expenses discharged. Item by this my last will and Testament I constitute, nominate and appoint my dear and Loving Wife, Elizabeth Stewart my full whole and sole Executrix of this my Last Will and Testament hereby giving unto my said Executrix all peaceably and lawful Authority if occasion shall require, or if she shall live, all or any part aforesaid, County of New Castle in the said Territories Moumouth County In the Government of East New Jersey or else where deed and Deeds for the same to sign Seal, and Deliver hereby this my last Will and Testament allowing the same and ratifying and confirming them and all of them for firm and effectfual whatsoever my said Executrix shall see fit to doe or cause to be done in and about the premises and the same and the effects thereof to be wholly and solely at her own Disposal all so long as she shall bear the name of Stewart, always provided she bring up my children in the fear of God and covenient learning as to be had. In these American parts but if in any case it should soe happen that my said Executrix should alter her name by marriage, Then my will is that my Estate after my just Debts, Funeral Expenses paid and discharged be divides as followeth viz. into three Equal parts, The one part whereof I give and bequeath unto my said loving wife and Executrix her and her heirs forever, The other two thirds part I give and bequeath unto my six children viz, Samuel, David, John, Elizabeth, William, Johannah, and Mary to be equally divided amongst Them, and the survivors of them their Heirs forever when they shall arrive at their full ages or days of marriage respectfively according to law that case provided.
Item, as to my Farm in Queens County in Nassau at Long Island in the Government of New York I give my said Executrix full and ample power to sell and dispose thereof if she shall see convenient in as full manner and power as above exprest, for other parts of my Estate, and the Effects thereof to be divided as other my Estate above mentioned. Item, I nominate and appoint my Trusty and loving friends Alexander Innis of Middletown in East New Jersey D.D. and Lewis Marrice of Shrewberry in the same government Esqur. Overseers of this my Last Will and Testament desiring them in all occasions that shall require to be to their utmost aiding to my Executrix.
Token of my shillings price to each of them, a gold ring of Thirty Shilling Price money of that Government, Item I publish and declare this for and my last Will and Testament revoking and disannulling all other and former wills by me made in witness whereof I have hereunto set my hand and seal this first day of September in the third year of the reign of our Soveraigne Lady Queen Anne over England Ect Among Dom 1704
John Stewart (Seal)
Sussex County the 13th January 1705;
Signed, sealed published and Declared in the presence of James Simson, The Mark X of Samuel Knowles and Roger Corbett, them appeared personally James Simson and Roger Corbett the witness within subscribing before me Nahamiah Field Dept. Register for the County of Sussex aforesaid and made oath on the Holy Evangels of Almighty God that they saw the Testator John Stewart within named sign seal and publish and declare the within to be his Last Will and Testament and that the doing thereof he was of a sound disposing mind and memory to the best of their knowledge and that they then with Samuel Knowles signed.
Witness to same
Seal Nehemiah Field.