On May 27, 2018, I published The Halstead Ancestors quoting an
Orange County, New York history introducing Richard Halstead to my readers. You
can view the blog post here.
Today I’ll share his last will and
testament with you. As you’ll see, he wanted his wife provided for as long as
she remained his widow. Land, household items, livestock and money gifts were
left to his heirs. Digital images appear at the end of my post.
His will was dated May 5, 1774, and proved
December 1, 1785 in New York City, New York.
In the name of God Amen I Richard
Holstead of Goshen in Orange County in the Province of New York being now in
health of body but through God's goodness in sound perfect and disposing mind
and memory for I am thankfull being mindfull that it tis appointed once for all
men to dye and that the hour of death is uncertain and also that it Behoves
every one to set his house in order while in this life do make this my last
will and testament in manner following
first of all I bequeath my soul to God who
gave it recommending on his mercy through Christ my redeemer for Salvation and
my body I recommend to the earth to be decently interred at the discretion of
my Exr's hereafter mentioned and touching and concerning my worldly estate
I give, bequeath, devise will and order in
the following manner desiring everyone concerned in the Distribution thereof
will be contented and satisfied therewith Imprimis I give and do order unto my
Exrs hereafter named so much of my movable estate for them to dispose of for
the payment of all my just debts and funeral charges in some convenient time
after my Deceas
Item I give and bequeath to my beloved wife
Esther Holstead all the remainder of my household furniture excepting my large
cubbord and I do give and order that my said wife shall have sufficient house
room in my said dwelling house and the benefit of the equal half of my
homestead lot adjoining to my said dwelling house also one riding hors, two
cows, six sheep the above said benefit of my said dwelling house and homestead
lot shall remain to her no longer than she shall remain my widow and the above
mentioned furniture and creatures she shall have them forever and be at her own
disposal
Esther Holstead was born Esther Oldfield
(1707), a daughter of Joseph Oldfield and Martha Grasset. Richard gifted Esther
with all his furniture with one exception. He also directed his executors that
Esther should have a place in his dwelling house and some farm stock to call
her own.
Item I give and bequeath to my son Michael
Holstead all my whole farm or tract of land I now do live upon scituate lying
and being on the west side of the Drowned land and the Wallakill within the
Patten of Wawayanda in the County and Province aforesaid which I did lately
purchase from Henry Davee his Deed of conveyance being had refference thereto
will give the boundaries of the said tract or farm of land which said tract or
farm shall remain together with the approvements and appurtenances thereunto
belonging and also my working horses mairs and all others creatures of cattle
kind and sheep and all my farming utensils to him my said son Michael Holsted
and to his heirs and assigns forever
Richard’s son, Michael, inherited his
father’s homestead lot along with the livestock. I couldn’t locate the deed
referred to in Orange County records. From the description, it sounds like this
was the property Michael Halstead owned in the town of Minisink.
Item I do give and bequeath to my daughter
Sarah Seely my above mentioned large cubbord and the equal moiety or half part
of all my whole right that I have to a certain tract or lot of land which was
set of land containing about three thousand acres for the benefit and use of
all those persons that hath town rights belonging to the township of Goshen
scituate within the Patten of Wawayanda which said moiety or half part of all
my whole right to the above mentioned tract shall remain to my said daughter
Sarah Seely and to her daughters and their assigns forever
I was wondering who was going to get that large cupboard. Richard
bequeathed one-half of his 3,000-acre Goshen tract to Sarah and the Seely
granddaughters.
Item I do give and bequeath unto my grand
son Samuel Holstead my other equal moiety or half part of my whole right as his
above mentioned and described and to be equally divided with my said daughter
Sarah which said half part shall remain to him and to his heirs and assigns
forever.
A grandson, Samuel Halstead, got the
remaining half of the Goshen tract. Perhaps Samuel’s father was Isaiah
Halstead.
Item I do give and bequeath unto all my said
sons Richard Holstead, Joseph Holstead, Isaiah Holstead, Benjamin Holstead and
Michael Holstead the remainder of all my town right of lands within the patten
of Wayawanda aforesaid to be equally divided between them which shall remain to
them and their respective heirs and assigns forever.
Item I do give and bequeath to my son
Benjamin Holstead all the remainder of my southeast Division lot of land
situate in the township of Goshen aforesaid supposed to be about ten acres of
land be the same more or less which shall remain to him and to his heirs and
assigns forever.
Item I do give unto my sons Richard and
Isaiah each five shilling New York money to be paid to them out of my moveable
estate by my Exrs which shall remain to them and their respective heirs and
assigns forever my will is
According to The Michael Shoemaker Book, Richard and Isaiah Halstead left Orange
County, New York and migrated to Luzerne County, Pennsylvania where they
remained for many years.
and I do
order my said son Michael Holstead to provide maintain sufficiently all
necessarys and fire wood for my said wife Esther and also to provide for her
creatures during her widowhood and
Taking care of Mom falls to Michael and
rightly so.
Lastly I do hereby nominate and appoint my
loving wife Esther Holstead and my sons Joseph Holstead and Michael Holstead or
in case of death the survivours of them to be the Executors of this my last
will and testament and for them to see that the above devisions be as equally
as maybe and I do revoke and disannull all other wills and testaments and do
declare this to be my last In witness
whereof I have hereunto sett my hand and seal this fifth day of May and in the
year of our Lord Christ seventeen hundred and seventy four 1774
Richard (X his mark) Holstead Signed, sealed, delivered and and Declared
by the Testator to be his last will and testament
Note before signing and executing hereof my
will his that my Said Pue in the Presbyterian meeting house in Goshen shall
remain to the use and benefit of all my family until such time as they shall so
cause to dispose of it)
As early as 1721/22, Richard and others
contributed land to establish the Goshen Presbyterian Church. Great Grandfather
insured the Halstead’s standing in the Goshen Presbyterian Church reserving his
family pew for their benefit.
and the
words enterlined in the fifth line from the top of this side of this half sheet
(for my said wife Esther)
Henry David, Daniel Everett, Susanna [V]
Huge
Orange County} Be it remembered on the first day of December
in the year one thousand seven hundred and eighty five personally appeared before
me James Everett Surrogate of the said County Daniel Everett of the Precinct of
Goshen in said County Esquire who being duly sworn deposeth and saith that he
saw Richard Halsted deceased make his mark to and seal the within written
instrument purporting to be the last will and testament of the said Richard
Halstead bearing date the fifth day of May in the year one thousand seven
hundred and seventy four and that he heard him publish and declare the same as
and for his last will and testament that at the time thereof he the said
Richard Halsted was of a sound disposing mind and memory to the best of the
knowledge and belief of him the Deponent that his name subscribed to the said
will is of his proper handwriting which he subscribed as a witness thereto in
the Testator's presence and that he saw the other witnesses subscribe their
names as witnesses thereto in the Testator's presence. James Everett 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 Send Greeting Know Ye that in Orange County on the first day of
December instant before James Everett Esquire thereunto by us delegated and
appointed the last will and testament of Richard Holsted deceased (a copy
whereof is hereunto annexed) was proved and is now approved and allowed 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 Joseph Holstead and Michael Holstead Two of
the Executors in the said will named the being first duty sworn well and
faithfully to Administer the same and to make and exhibit a true and perfect
Inventory of all and singular the goods, chattels and credits and also to
render a just and true account thereof when there unto 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
fourteenth day of December in the year of our Lord one thousand seven hundred
and eighty five Dav Judson Clk
New York Co., NY, Wills and
Administrations, Volume 38, pages 264-267
Richard
Halstead’s Will begins last paragraph p 264
Continues
on p 265
Richard
Halstead’s Will pages 266-267