Last Will and Testament of Jeremiah Clark

Date: 13 May 1803 to 8 Jan 1811
Location: Essex County, New Jersey, United States
Surname/tag: Clark

Note: Family members of Jeremiah Clark are bolded, other names are italicized.

Forasmuch as it is appointed for all men once to die and the time when very uncertain I Jeremiah Clark of the Borough of Elizabeth County of Essex and State of New Jersey being very sick and weak in body but of sound disposing mind and memory blessed be the name of the lord for the same therefore do the thirteenth day of May in the year of our Lord one thousand eight hundred and three [13 May 1803] make and publish these presents as and for my last Will and Testament in manner and form following viz:

Imprimus I do order in the first place that all my just debts and funeral expences [sic] be fully paid by my Executors herein after named out of my personal estate.

Item I do give grant and devise unto my eldest son Joseph Latham Clark and to his heirs and assigns one equal half of all that lot of land and premises where I now live which was given and bequeathed to me by the last will and testament of my father Jeremiah Clark deceased lying and being in the County of Essex aforesaid Beginning at the Southwest corner thereof by the road from thence running along said road to a sweet Apple tree standing near the road fence mark'd on two sides, thence running north Easterly to a small pin oak tree marked on two sides with a blaze and two hacks thence continuing the same course until it comes to a line of land belonging to Aaron Winans thence Westerly along the line of the said Aaron Winans to the northwesterly corner of the hereby granted premises thence Southwesterly along the line of land belonging to James Cole as it runs to the place where it first began containing by estimation twenty five acres be the same more or less.

Item I do give grant and devise unto my [son] Jeremiah W. Clark and to his heirs and assigns the other equal half part of all that lot of land & premises where I now live as above particularly described and I do order and appoint the division of said lot of land and premises to be made in such a manner as that my said son Joseph Latham Clark shall have his half of said premises lying Northeasterly adjoining the land of Aaron Winans and a lot of land given and bequeathed to Job Clark son of James Clark by the last will and testament of Jeremiah Clark deceased and my said son Jeremiah W. Clark to receive his half of said premises lying Northwesterly adjoining the land of James Cole the division line running from the front of said Premises to the rear.

Item I do order and direct and it is my will -- in consideration of the within devise and bequests of my said sons Joseph Latham Clark and Jeremiah W. Clark their executors administrators heirs or assigns shall pay or cause to be paid unto my two sons Moses Marsh Clark and Abner Winans Clark the sum of fifty dollars to be divided equally between them share and share alike payable unto my said two sons as they each arrive to the age of twenty one years, but if my said sons Joseph Latham and Jeremiah W. Wood their heirs executors of administrators should neglect or refuse to pay unto my said sons Moses Marsh & Abner Winans the aforesaid sum of fifty dollars agreeable to the time above mentioned that then and in such case I do order and empower my Executors or the survivor of them to sell and convey such part of the land and premises heretofore given and bequeathed by me to my said sons Joseph Latham and Jeremiah W. Wood as will be fully sufficient to raise the above sum of fifty dollars with all costs that may legally arise thereon and to make seal and execute all such deed or deeds, conveyance or conveyances proper for conveying a right in fee simple to the purchasers his her or their heirs and assigns forever and I do ratify and confirm such sale to be good and valid in law and the money arising from such sale to be paid by my executors or the survivor of them unto my said sons Moses Marsh & Abner Winans in manner above.

Item if either of my said sons Joseph Latham or Jeremiah Wood should happen to die under the age of twenty one years or without lawful issue, then and in such case I do give grant and devise his part so dying of said land and premises to his surviving brother Joseph Latham or Jeremiah Wood and my son Hampton Oliver Clark share and share alike to be and remain to their heirs and assigns forever.

Item I do give and bequeath my wife Hannah one brown tick feather bed and all the bedding which she brought me after our marriage.

Item after the payment of all my just debts and funeral expences and legacies herein before bequeathed are all fully paid out of my personal estate all the overpluss remaining of the same I do give and bequeath to be equally divided between my said two sons Joseph Latham and Jeremiah Wood share and share alike the same to be put on Interest in one year after my decease and to be paid by my executors or the survivior of them with the interest thereon unto my said two sons as they shall severally arrive to the age of twenty one years.

Lastly I do nominate constitute and appoint Jonathan Oliver and James Marsh Executors of this my last will and testament.

IN Witness witness whereof I have hereunto set my hand and seal the day and year first above written. Signed sealed published and declared by the said Jeremiah Clark as and for his last will and testament in the presence of us the subscribers Anthony Olliver, Susanna Winans, & James M. Clark

Essex County./: Anthony Olliver one of the witnesses to this will being duly sworn did depose and say that he saw Jeremiah Clark the Testator therein named sign and seal the same and heard him publish pronounce and declare the foregoing writing to be his last will and testament and that at the doing thereof the said Testator was of sound and disposing mind and memory as far as he knows and as he verily believes that Susanna Winans and James M. Clark the other subscribing evidences were present at the same time and signed their names as Witnesses to this Will together with this deponent in the presence of said Testator. Sworn Janry 8th 1811 } Th: J. Kinney Surroge of Essex} Anthony Olliver

Jonathan Olliver one of the Executors within named being duly sworn did depose and say the the foregoing writing contains the true last will and testament of Jeremiah Clark the Testator therein named as far as he knows and as he verily believes that he will well and truly perform the same by first the debts of said deceased and then the legacies in said Testament specified so far as the goods Chattles and credits of said deceased can thereunto extend that he will make and render a just true and perfect Inventory of all and singular the said Goods Chattels rights and Credits into the Surrogates office of the County of Essex and render a just and true account when thereunto lawfully required. Sworn Janry 8th 1811 } Th: J. Kinney Surroge of Essex} Jonathan Olliver

Probate of the foregoing Will was duly issued and granted as follows viz: I Thomas J. Kinney Surrogate of the County of Essex do ceretify the annexed to be a true copy of the last will and testament of Jeremiah Clark late of the County of Essex deceased, and that Jonathan Olliver of the County of Essex one of the Executors therein named, proved the same before me, and is duly authorized to take upon himself the administration of the estate of the testator, agreeably to the said Will Witness my hand and seal of office, the eighth day of January in the year of our Lord one thousand eight hundred and eleven. [8 Jan 1811]

Th: J. Kinney

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