Will of Capt. John Tucker of Long Island, N.Y.

Capt. John Tucker wrote his will in 1686 and wrote a codicil to the will in 1687. In 1686 he married Hannah Wines who was 63 years old and had previously been married to Francis Nichols and John Elton. Hannah lived in her father's house in Southhold and John Tucker moved back to Southhold after the marriage. The following was found in a book called "Early Long Island Wills Suffolk County, 1691 - 1703"
By the tenor of these presents know ye that on ye 30th day of Sept. 1692 at Southhold in ye County of Suffolk on Long Island in ye Province of N. York before Coll. William Smith Judge of ye Prerogative Court in ye County aboves'd was proved and approved the last Will & Testamt. of John Tooker of Southhold aboves'd deceased the _____of _____Anno Dom 16__ and having by his last Will & Testmt. nominated & appointed Hannah his wife to be his sole Executrix as by ye copy of the s'd Will hereunto annexed may appear for the well & faith- ful administering of all the goods chattles & credits of the said deceased you shall a true full & faithful Inventory of all & singular the goods chattels & credits that did any way belong or of right appertain to ye s'd deceased at ye time of his death bring in & deliver to me or such Judge or Judges as shall be appointed for this County at or before the last of March next Ensuing & then & there to render a true plain & perfect account of your having Executed & performed your duty herein according to the tenor of the said Will & the laws of this Province--
Sworn before me the day & year afores'd
Witness my hand & seal-- William Smith
Thomas Helme Cler.
In the name of God Amen.
I John Tooker of Southhold in ye County of Suffolk on Long Island in ye Province of N. York do make constitute & ordain these presents to be my last Will & Testament. first I bequeath my soul to God that gave it me and my body being dead to be decently buried in the hopes of its resurrection unto everlasting life I now being of sound memory though weak in body do also order give bestow & bequeath all my worldly goods & estate in manner and form following:
Imp. I do give & bequeath unto my beloved wife Hannah Tooker all my goods lands allotments of land rights of land & commonages meadows & meadow lands orchards houses buildings dwelling houses outhouses barns stables all fences & fencing stuff together with all my corn either in ye field or houses & all my cattle either Cows or Cow kind Horses Mares sheep swine & all my household goods of all sorts whatsoever that are now belonging & appertaining to me within the whole town bounds of Southhold and all things that are mine in any other town or place or places whatsoever & every part & parcel of said goods lands stock & estate above-mentioned whatsoever to have & hold to her my sd. beloved wife Hannah Tooker with all the issues profits rents increase & emolument whatsoever during her natural life & noe longer to be fully Entirely & freely had & enjoyed by her according to a certain agreement & writing of dowry made by me unto said beloved wife before her coverture all of which writing bearing date June ye third 1686 I do will & ordain shall be kept and observed inviolably in all ye particulars freedoms & enjoyments thereof. Item-I give and bequeath unto my eldest son Charles Tooker after the decease of my beloved wife if it shall then remain in her posession my first lot of upland & meadow at ye Wading Creek and with the same provisoe I give him a first lot of upland at Ackaboake between John Concklins to the west & Theophilus Curwins land to the Eastward commonly called Tookers ponds with two shares of meadow on the southside of Peaconicke river. I do give & bequeath to my son John Tooker after my decease ye one half of Christall Brook neck in ye township of Brookhaven with all the meadow at the old mans excepting one share. Item-I do give & bequeath unto my son Joseph Tooker ye Southernmost half of my home lot which he now possesseth having John Holyoakes land to ye Northward of it & Jacob Longbothams to ye Southward & also three acres in the old field situate between John Holyoakes and John Mosiers Also three acres of land in ye old field butting upon ye fresh pond with two acres & half in ye little neck butting upon ye brick kilne being half of my Brick kilne lot also a share of meadow in ye old field joining to ye Northern side of the fresh pond & a share of meadow at ye old mans-I give to my daughter Hannah Tooker after my wife decease a feather bed two bolsters a rugge & a sale coverlet being my best coverlet and a little table I had of John Holyoake and curtains vallins such as they shall be after my wifes decease be they better or worse together with half my pewter that shall be remaining at my wifes decease. Also a great Kettle and a great Iron pot and two leather chairs. All these such as they shall remain after my wifes decease I give to my five daughters or to as many of them as shall be then living at my wifes decease. All my household goods of all sorts whatsoever that shall be remaining after my wifes decease together with all such stock of Cattle horses sheep swine as shall remain of my estate after my wifes decease to be equally divided between my five daughters or such of them as shall survive after my wifes decease. I do give and bequeath to the eldest son of my son Joseph Tooker that shall then living at my wifes decease all my lands tenements & hereditaments whatsoever in the whole Township of Southhold with all my houses and edifices whatsoever Except what is already given to Charles my son to have & to hold to my said grandson as an inheritance to him and his heirs forever.
Furthermore my Will is that all the lands that are in these presents given to any and all my sons they shall have hold & enjoy as an inheritance to them & their proper heirs for ever and not otherwise. Lastly my Will is that Hannah Tooker my beloved wife shall be the only Executrix of this my last Will & Testament during her life & that after her decease my will is that my sons John & Joseph Tooker shall jointly be my Executors if both living or else he of them that shall then survive. Dated at Southhold this present 24 of April in ye fourth year of the Reign of James ye 2d King of England Scotland France & Ireland Defender of the faith Anno Dom. 1688 as witness my hand & seal.
----John Tooker
Signed sealed & delivered before us--
-Joshua Hobart -Joshua Horton -Sarah Youngs
Memmorand. Southhold May ye 29 1690
That I the abovesaid Testator John Tooker have added this following Codicil to my aforesaid Will viz yt further it is my last Will & Testamt. that if any of my aforesaid sons or daughters shall by themselves or others any way molest or disturb & trouble Hannah my beloved wife in ye quiet & peaceable possession & Enjoyment of any part or parcel of either lands stock or household goods bequeathed her in my will aforesaid & in a writing made with her before marriage that then every such or all of the so disturbing molesting or disquitting at any time or times after my decease shall be utterly lose & forfeit from themselves & their heirs unto her my aforesaid wife & to her disposal all such their part & portion whatsoever hereby given or intended to be given to them & their heirs and to any & every of them so molesting and disturbing her my said dear wife as absolutely & fully as if they & any & every of them had never had any grant or gift therof made to them in this my last Will & Testament.
Item- I give my son John Tooker & his heirs ye other half of my land of Christall Brook neck at Brookhaven as I gave him the former half in my preceding will. Also I give one share of Meadow at Unkachoge that was formerly William ffancyes to my son Joseph & his heirs, furthermore my Will is & I do hereby give full power to my said dear wife Hannah that if she shall stand in need of a comfortable livelihood that then she shall & may make full & absolute sale & conveyance of any of my lands meadows or houseing that I shall die seized of in ye township of Southhold to her own use and behoof without any accounting therefore to any of my children or their heirs & what she shall leave at her death shall go as is disposed aforesaid in my Will & in this Codicil I will that such her sales be & abide forever firm and stable anything in my aforesaid will to the contrary notwithstanding. Furthermore my Will is that if my Negro man called Richard or Dick shall behave himself submissively faithfully and dilligently to my said dear wife Hannah truly observing and performing all her lawfull commands not absenting himself by night or day from her service without her leave that then my said wife shall at her death fully free discharge & set ye said negro Richard or Dick at liberty giving his freedom but if the said negro Richard shall behave himself as a stubborn unfaithful & disobedient servant to her then my Will is yet she shall & may at any time sell him to her own best advantage & behoof. Finally I appoint my dear wife Hannah to be the sole Executrix of this addition & codicil annexed to my preceding Will & Testament and in confirmation of these presents I doe hereunto set my hand & seal the day and year above written. ---John Tooker
Signed sealed & declared before us
-Joshua Hobart
-Thomas Mapes
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