1704-11-13 Will of John Applegate 4

Will of John 4

Film 1018729, LDS, Probate Records of Connecticut

The thirteenth day of November in the year of our Lord one thousand seven hundred and four, I John Applegate of the town of Fairfield in Connecticut colony in New England, yeoman, Being weak in body but of sound and perfect mind and memory considering the uncertain state of this transitory life do make, constitute and ordain this my last will and testament in manner following: Revoking and disowning by these presents all and every testament and testaments, will and wills, heretofore by me made and declared, and this to be taken for my last will and testament and no other.

Imprimis, I commit my Soul unto the hands of almighty God my maker hoping through the merits of Jesus Christ my only saviour and redeemer to be everlastingly saved.

Item: I give my body to be buried in a christian burial att the descretion of my executrix hereinafter designated.

Item: I will all my just debts and funerall charges to be paid.

Item: all my estate, both real and personall, native or kind, whereever and whatsoever, situate, lying and being, I do hereby give, devise and bequeath wholly and entirely unto my Dear and Loving wife Avis, giving full and absolute power to give, grant, sell, and dispose of as much of my said estate as well real as she shall think fit and convenient and the same to apply to what purposes or use she pleases.

Item: I will that as much of my said estate as shall remain unsold, unspent or undisposed of by my said wife in her lifetime shall after her decease be equally divided amongst my brother Thomas Applegate, his sons, be unto them and their heirs forever; and in case that one or more of the said sons shall happen to decease before his or their marriage or the age of twenty and one years prime or them attained, then the part or parts of such son or sons so deceasing shall be equally divided amongst his or their surviving brothers.

Finally, I make constitute and ordain my said living wife Avis sole executrix of this my last will and testament. In witness whereof I have hereunto put my hand and seal the day and year first above written.

Signed Sealed and Declared

by the above named Testator to

be his last will and

Testament in the presence of

John Meredith

Samuel Hubbett

Colony of Rhode Island

Samll Cranston, Esq. Govern. of her majties Colony above sd Sendeth Greetings to whom it may concern. Know ye, that Mr. John Meredith of Newport in the aforesd Colony personally came before me and made solom oath that he was present and did see John Aplegate, Late of the town of Fairfield in her Majtys Colony of Connecticut sign, seal and declare the within written instrument to be his last will & testament and that at the same time to the best of sd disponant apprehention the sd Aplegate was in sound & perfect memory and that the said Meredith did sign the sd will and did too Samll Hubett sign as witness to the same. In testimony whereof, I have here unto set my hand & affixed my seal at Armes at Newport this 24th day of Janery in the eleventh year of her majtees reign Ann Queen of Great Brittain, etc. Anno Dom. 17 12/13.

Samll Cranston

Know all Men by these present that we, Joseph Aplegate (5D) and Abraham Higgins, both of Fairfield, in ye Colony of Connecticut in New England do acknowledge our —- —- —- as to Nathan Gold, Esq. Judge of the Probation in ye County of Fairfield ye sum of two hundred pounds current money of ye sd colony the which we do hereby bind and obligate ourselves of, to ye ‑‑‑‑ payment of ‑‑‑‑ ‑‑‑‑ our hand and seal in ye 6 day of Febry 1716/17.

The condition of ye above obligation is such that if the above named Joseph Aplegate (5D) shall make or cause to be made a true and perfect inventory of what is now remaining of ye estate of John Aplegate Late of Fairfield, deceased, and the same exhibit to the Court of ‑‑‑‑ in Fairfield within two months next after this date and also well and faithfully extend ye sd estate and Rendering of his accounts to the court when called thereto then the above obligation to go otherwise to stand in full force and hereto set our hand and affix our seal.

Signed & Sealed in

the presence of

Joseph Curtiss

John Gold

Avis Aplegate of Fairfield being dead, who was executrix of ye last will and Testament of Jo. Aplegate Late of Fairfield and there being some estate remaining to be administered according to sd will, the court probater therefore, held in Fairfield Febry ye 6 1716/7 do appoint and nominate Joseph Aplegate (5D) to adm. on ye sd estate and ye same to exhibit to ye court of Probate in Fairfield in order the sd testament that it may be administered according to said will.

Joseph Aplegate (his mark)

Abraham Higgins (his mark)

 

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