Last Will and Testament, 18 April 1829
Last Will and Testament
[Bedford, 18 April 1829]
I, John Jay of Bedford in the county of West Chester-and State of New York being Sensible of the importance and duty of so ordering my affairs as to be prepared for death do make and declare my last Will and Testament in manner and form following Viz. Unto him who is the author and giver of all good. I render sincere and humble thanks for his manifold and unmerited blessings and especially for our redemption and Salvation by his beloved Son. He has been pleased to bless me with excellent parents with a virtuous wife and with worthy Children His protection has accompanied me through many eventful years faithfully employed in the Service of my country and his providence has not only conducted me to that tranquil Situation but also given me abundant reason to be contented and thankful. Blessed be his holy name; while my children lament my departure, let them recollect that in doing them good. I was only the agent of their Heavenly Father, and that he never withdraws his care and consolations from those who diligently seek him. I would have my funeral decent but not ostentatious no scarves no rings— Instead thereof. I give two hundred dollars to any one poor deserving widow or orphan of this town whom my children shall select. I give all my manuscript-books and papers other than such as respect my own estate or the estate of others, to my two Sons Peter Augustus Jay and William Jay jointly and not to be divided. It is my will that after my death they do take possession of all my manuscript books and papers without exception, and without permiting them to be inspected by others. They are then to select and Separate from them all title deeds books of account, and papers which concern my estate or the estate of others. These when so selected and separated ought of course to be in the hands of my Executors or of the persons entitled to them. Among the other manuscripts there are some which should, and some which should not be forthwith destroyed. I have greatly but not yet Sufficiently reduced their number. They must be kept together. The possession of them is to belong to Peter: during his life: But he may at his discretion deliver the possession of them to his brother William. Each of them is however at all reasonable times to have free access to them and permission to make extracts from or copies of them. On the death of one of my Said sons, these manuscripts are to belong solely and absolutely to the Survivor: And I advise and desire him to reexamine them and to destroy all Such as in his Judgement should not be longer preserved and make a considerate disposition of the remainder by his last Will and testament or otherwise.1 I give all my law books and also the French Bible which was my grand Father’s to my son Peter. I give the folio common prayer book which also belonged to my Grandfather to my son William. I give the Bible which I commonly use to my daughter. Ann. I give all the other printed books: maps and charts to my Son William and his two Sisters equally to be divided between them according to their value. I give to my Son Peter the portrait of myself which is in his possession. I give the other (by Stewart) which is here and also the portrait of his affectionate Mother which includes that of himself and that of his younger Sister to my son William. I also give to him the oak box with drawers for papers which I continully use and the clock which was my Grandfather’s and also all my Kitchen furniture and Kitchen Utensils. I give all the rest of my household furniture to my daughters Maria and Ann and to my Son William equally to be divided between them. I give my repeating watch to my daughter Ann. I give all my plate to my four children. They will divide it into four allotments and my daughter Maria is to take for her Share any one of those allotments which she may prefer. I give the residue of my prints and pictures (not already given) to all my children I give and devise to my son Peter Augustus Jay and to his heirs and assigns forever, my Stone House in the city of New York and the lot whereon it stands bounded in front by Broadway and in the rear by New Street with the Stables rights and hereditaments thereunto belonging and if my Son Peter Augustus Shall die before me then I devise the said House and lot to the Oldest of his sons who shall survive me and to heirs and assigns forever My Grandfather Augustus Jay purchased in the year 1712 a lot of ground in the city of New York at the corner of Broad Street and Stone Street. and afterwards purchased a parcel of ground adjacent thereto in the rear: at that place he afterwards resided during his life. He devised this property to my Father who was his only Son. After the death of my Father his residuary real estate (which comprehended this property) was divided according to his Will and on that division it fell to the Share of my Brother Peter of whom I afterwards purchased it. I have since added to it two parcels of ground which I purchased of Nicholas Cruger let the whole front line of this ground on Broad Street be divided exactly into two equal parts and from the middle point between them let a line parallel with Stone Street be drawn to the rear of the said ground; whereby the whole of the said ground will be divided into two lots of equal width on Broad Street. I give and devise the corner lot which is the one next to Stone Street unto my Son Peter Augustus Jay and his heirs and assigns forever. but in case he should die before me I give and devise the same unto my Son William Jay and his heirs and assigns forever. I give and devise the other of the said lots (which will contain in the rear more ground than the corner one) and to my son William Jay and to his Heirs and assigns forever. But in case he should die before me. I do give and devise the same to my son Peter Augustus Jay and to his heirs and assigns forever. I do give and devise all my land and real estate in the aforesaid town of Bedford and also all my lots of land in the town of Poundridge and North Salem with all the hereditaments to the whole and every part thereof belonging unto my son William Jay and to his heirs and assigns forever. From this devise I except a small lot and house in the town of Bedford which I have lately purchased of Henry Robertson and which I have intended for the residence of my Servant Joseph Cuzno which small house and lot I hereby give and devise to the said Joseph Cuzno his heirs and assigns forever.2 I give to my said Son William Jay all the Cattle, Horses, Sheep, Swine and Poultry and all the Carriages of every kind and all the Implements of Husbandry and all the articles appertaining to the dairy and Stables and all the farming Stock which I shall have at the time of my death. In case my son William should die before me leaving one or more sons then I give and devise all the said real estate and all the said Chattles unto that one of his Sons who shall first come to the age of twenty one years and to his heirs and assigns forever: and until he shall come to that age my Executors are to take the charge care and management of the same and apply the nett profits thereof to the maintenance and education of the children of my said Son William. But in case my said Son William should die before me without leaving a son or Sons or in case they Should all die under age then: and in either of those cases I do give and devise all the said real estate and chattles to all his remaining children and to their heirs and assigns forever equally to be divided between them. Considering that my two daughters will probably be desirous to continue to live together at this place and that they both have as strong claims to my esteem and affection as children can have I have been inclined to make explicit and ample provision for their abode here. but having long and with great satisfaction observed the fraternal and cordial affection which both my sons have constantly manifested for their Excellent Sisters, I am persuaded that it will not be necessary. I give and devise the residue of my real estate whatsoever and wheresoever not hereinbefore particularly devised unto my two Sons, Peter Augustus Jay and William Jay and to my two daughters Maria Banyer and Ann Jay and to theirs heirs and assigns forever equally to be divided between them. And I give the residue and remainder of my personal estate after payments of debts and legacies to my said two Sons and two daughters equally to be divided between them. In case either of my children should die before me leaving a child or children. I give devise and bequeath his or her Share of my residuary ^real^ estate and personal estate to his or her child or children ^and to the heirs and assigns of such Child or Children^ equally to be divided between them if more than one. And in case either of my children should die before me leaving no child him or her surviving: then I give and devise his or her share of my residuary real and personal estate to the Survivors of my children and to the child or children of such of them as may be dead and their heirs and assigns: as tenants in common: the child or children of a deceased child of mine taking the share which his or her or their parents if living would be entitled to those of my children who shall Survive me will immediately be in capacity to dispose of what I leave them as they may think proper but as to the property given to those of them who may die before me leaving a child or children. I think it advisable to authorise and I hereby do authorize my Executors and the Survivors and Survivor of them to cause partition to be made of whatever I give by this Will to be divided among my children notwithstanding such death: And also to sell from time to time such parts or so much of the shares of the children of Such so dying before me in my residuary real estate as in their judgment shall be most for the benefit of such children to whom I am persuaded they will be as parents. I advise my children to divide among them whatever property I have given to be divided of speedily as may consist with prudence. I give my pew in Trinity Church in the city of New York to my son Peter Augustus Jay, and his heirs and assigns. And I give my pew in St. Matthews Church in this town to my Son William Jay and to his heirs and assigns. I give and bequeath to Mrs. Susan Symmes Mary Linn. and Mrs. Judith Watkins respectively an annuity of one hundred dollars a year to be paid to each of them annually during her life.3 I give and bequeath to the Rev. Samuel Nichols Rector of St. Matthews Church in this town, one hundred dollars a year: to be paid to him annually so long as he shall continue Rector of said Church. Clarinda has for a long course of years been in my service She was born in my Fathers family She is to far advanced in years to be long able to provide for herself. The proportion of my estate given to my son William induces me to commit her to his care to be by him comfortably maintained during her life:4 Having for many years had more than ordinary reason to be satisfied and pleased with the good will and fidelity of our domestics, I reccommend them to my children for such kind offices as may occasionally be indicated by circumstances and Christianity: To James Roe and Peter Blake who have been long in my employ I give two hundred dollars each.5 I appoint all my children and the Survivors and Survivor of them Executors of this my last Will and Testament. I wish that the disposition which I have therein made of my property may meet with their approbation and the more so, as their conduct relative to it has always been perfectly proper reserved and delicate, I cannot conclude this interesting act without expressing the Satisfaction I have constantly derived from their virtuous and amiable behaviour. I thank them for having largely contributed to my comfort by their affectionate attachment and attention to me and to each other. To the Almighty and beneficent Father of us all: to his kind providence Guidance and blessing, I leave and commend them. The late Governor Livingston appointed me a trustee to manage for the use of his Daughter Judith the Share of his estate which he gave and devised for her benefit and in case of my death he conveyed that trust to such person as I Should by Will or otherwise appoint for that purpose: Now therefore I do appoint my Son Peter Augustus Jay to succeed me in that trust with all the powers intended by him the Said Governor to be conveyed by me to my Successor: (The reason of the trust having ceased. I make this appointment) not because I think it necessary but to facilitate a final Settlement.6
In Witness Whereof I have hereunto set my hand and Seal (having Signed with my mark in consequence of an injury to my right hand which at present prevents my writing) this eighteenth day of April in the year of our Lord one thousand eight hundred and twenty nine signed sealed published and declared by the said John Jay as and for his last Will and Testament in the presence of us who have subscribed our names as Witnesses hereto in his presence and in the presence of each other and at his request the words (which includes that of himself) in the second page interlined before Execution.
Benjamin. Isaacs | his | |
Oliver. Green | John. X Jay | L.S |
Robert. B. Van. Kleeck | mark |
DS, NNC (EJ: 07377). HPJ, 4: 515–17. See also the proof of JJ’s will, 2 June, DS, NNC (EJ: 07378); and the surrogate’s recognition of PAJ and WJ as executors of JJ’s estate, 13 June, DS, NNC (EJ: 11644), both signed by Jonathan Ward, surrogate, Westchester County. See also WJ to PAJ, 1 June 1829, ALS, NNC (EJ: 11643), on the proving of the will.
1. PAJ to WJ, 9 Dec. 1829, ALS, NHi: Jay (EJ: 11382); and introductory note, “The History of the Jay Papers,” , 1: xlv–xlvii.
2. Joseph Cuzno, also known as Joseph Cusno (c. 1796–1880), was a Sicilian immigrant, sometimes described as a mulatto, who came to work for JJ as a waiter in 1813. He continued to work for the Jays after JJ’s death. It is unclear if he lived on this property. See Carol E. Brier, “Joseph Cusno: The Sicilian Immigrant and the Jays of Bedford,” Westchester Historian, (2011): 87–92.
3. SLJ’s surviving sisters.
4. A formerly enslaved servant, Clarinda remained with the Jay family until her death in 1837. See Horton, Listening for Clarinda.
5. Peter Blake was JJ’s coachman.
6. For the trusteeship of JJ and later PAJ of Judith Livingston Watkins, see JJ to PAJ, 11 July 1820, note 2, above.