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