Monday, November 21, 2016

Amanuensis Monday-Daniel Warner’s Will 1781


Daniel Warner was my paternal 5th great grandfather.  In my direct Warner line there are 4 Daniel Warners.  This can get a little confusing, to say the least.  I am calling this Daniel - Daniel Warner I to keep them straight.

Daniel was the sixth of 7 children born to Nathaniel Warner and Deborah Reeve Warner.  Daniel was born in 1731 in Jamesport, Suffolk County, New York.  (His father Nathaniel was reportedly the first Warner to come to Long Island, New York in the early 1700s.)

Daniel married Hannah Petty on 16 Dec 1756.  Daniel and Hannah had 10 children; Daniel, Nathaniel, James, Deborah, John, David, Benjamin, Hannah (lived to 3 years old), Hannah, Mehetable.  At the time of the writing of Daniel’s will in 1781 only 5 of the 10 children were still living; James, Deborah, David, Benjamin and Mehetable.

Daniel passed away on 6 Mar 1787 in Jamesport, New York.  Hannah lived another 27 years dying in 1814 without remarrying.

Daniel’s will:
Warner Daniel I Will original Warner Daniel I Will original 2
Warner Daniel I Will original 3 Warner Daniel I Will original 4
 
 
The transcription of the Will is:
 
In the Name of God Amen the eighth day of October in the year of our Lord Christ one thousand, seven hundred and eighty one. I, Daniel Warner of the Town of Southold in the County of Suffolk and province of New York in America Yeoman being in Common health of body and of a sound disposing mind and memory (thanks be given to God for the same) and Calling to mind the mortality of my body and knowing that it is appointed for all men once to die Do make & 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 who gave it and for my body I recommend it to the earth to be buried in a Christian like and decent manner at the discretion of my Executors nothing doubting but the general resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate wherewith it has pleased God to bless me in this life I give, devise and dispose of the same in the following manner & form, that is to say,   Imprimi’s [in the first place] I give and bequeath the Improvement of all my lands meadows and buildings unto my beloved wife Hannah Warner so long as she remains my Widow and no longer.  
_Item my Will is that all my lands and meadows with the buildings, privileges and appurtenances there unto belonging be equally divided in quantity and quality into three equal parts or divisions between my three sons James Warner, David Warner and Benjamin Warner after my Wife’s Interest in the same, and after the legacys are paid which I give as follows, the one third part of all my lands meadows and buildings I give and bequeath to my son James Warner his heirs, and assigns forever after my Wife’s Interest in the same he having his first Choice.

_Item I give and bequeath unto my son David Warner his heirs, and assigns forever one third part of all lands, meadows, buildings as above said after my Wife’s Interest in the same he having his second choice.

_Item I give and bequeath unto my son Benjamin Warner his heirs, and assigns forever one third part of all lands meadows, buildings as above said after my Wife’s Interest in in the same.

_Item I give and bequeath unto my daughter Deborah Warner two hundred pounds in York money to be levied out of my moveable estate.

_Item I give and bequeath unto my daughter Mehetabel Warner two hundred pounds in York money to be levied out of my moveable estate and my will is that if in case either of my sons shall decease before they arrive at the age of twenty one years and without lawful heirs of their body that then is here intended for them shall be equally divided between the surviving brethren.

_Item my Will is that after all my just debts, funeral and other necefsary Charges are paid and also the legacys above said that then all the remainder of all my movable estate give and bequeath to my beloved Wife Hannah Warner to dispose of as she shall think fitting among my Children.

_Lastly I do hereby nominate, Constitute and appoint my well beloved wife Hannah Warner to be my Executrix and my trusty and well beloved Cousin James Reeve Esqr to be my Executor to execute this my last Will and testament according to the true meaning and intent thereof and I do hereby make void, revoke and dysanull all and every other former Wills, testaments and legacies, ratifying and Confirming this and no other to be my last Will and testament. In Confirmation whereof I have to set my hand and seal on the day & year first written

Daniel Warner     LS_
  Signed, sealed, published, pronounced and declared by the said Daniel Warner as his last Will and testament in the presence of us subscribers. _Daniel Wells, Matthew Beale, James Youngs ________ Suffolk Co}fs.   


Be it remembered that on the twenty seventh day of March in the year of our Lord one thousand, seven hundred and eighty seven personally came and appeared before me Jared Landon Surrogate of the said County Daniel Wells Esquire and James Young Yeoman both of Southold in the County and being duly sworn on their oaths declared that they and each of them did see Daniel Warner sign and seal the within written Instrument purporting to be the Will of the said Daniel Warner bearing date the eight day of October in the year one thousand seven hundred and eighty one and heard him publish and declare the same as and for his last Will and testament that at the time thereof he the said Daniel Warner was of sound disposing mind and memory to the best of the knowledge and belief of them the Deponants, and that Matthew Beale and the Deponants severally subscribed the said Will as Witnefses thereto in the Testator’s presents.

 __________ Jarod Landon Surrogate


The People of the State of New York by the grace of God Free and Independent to all to whom these Presents shall come or may Concern Lend Greeting. Know Ye that at Suffolk County on the twenty seventh day of March last before Jared Landon Esquire thereunto by us delegates and appointed the last Will and testament of Daniel Warner deceased (a Copy whereof is hereunto annexed) was known 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 the goods, Chattels and Credits of the said deceased and any way Concerning his Will is granted unto Hannah Warner an Executrix in the said Will named she being first duly sworn will & faithfully to Administration the same and to 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 where we have caused the seal of Office of our said Surrogate to be hereunto affixed.

Witnefs Thomas Tredwell Esquire Surrogate of our said County at Smithtown the nineteenth day of June in the year of our Lord one thousand, seven hundred and eighty seven and of our Independence the Eleventh.

Thomas Tredwell
 
 
Some thoughts I had after reading Daniel’s will:
  • Daniel was obviously a God fearing man by his statements
  • Daniel loved his wife Hannah (“my well beloved wife”) and trusted her decisions
  • I was pleased to see that he named his wife as Executrix and put her interests first
  • Sad to see that he was predeceased by 5 of his children
  • Pleased that he left something to both of his daughters and not just his sons
  • Daniel felt blessed by the life he had lived in the 1700s
If you have any corrections or additions or stories to share I look forward to hearing them.
 
Enjoy the journey,
Debby

 

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