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Notes for Richard CLARK


Served in Revolutionary War. See C.C.Gardner, pg. 117.
There may be a tombstone for him at the Rahway Cemetery.
Docket Number 3382 [1826], Essex County New Jersey Surroagate.
Will 11724G Essex County, New Jersey [Volume D, pp. 326-28 in copied volumes]
*****
Forasmuch as it is appointed for all men once to die, and the time when very uncertain, I Richard Clark Sen. of the Township of Rahway; County of Essex and State of New Jersey, being sick and weak in body but of sound disposing mind and memory, blessed
be the Name of the Lord for the same, therfore this Sixteenth day of September in the year of our Lord one thousand eight hunderd and eight, make and publish these presents as and for my last Will and Testament, in manner and form following.
Imprimus. I do order in the first place that all my just debts and funeral expenses be fully paid by my Executors herein after named our of my moveable Estate, not herinafter given and bequeathed unto my children together with the money arising from
the Sale of a Lot of Land herin after directed to be sold.
Item. I do give, grant, devise and bequeath unto my two daughters Ruth and Sarah, the use and possession of eight acres of land, lying on the rear of my homestead plantation, by a line running parallel with line of land belonging to John Mulford, the
same to be and remain unto my said two daughters Ruth and Sarah during their natural lives, share and share alike.
Item. I do also give and bequeath unto my said two daughters Ruth and Sarah the full use and possession of the back part of my dwelling house, including the two back rooms, with the garet over the cellar under the same, with the full liberty and
priviledge to live and reside in the same, during all the time that shall severally remain unmarried.
Item. I do also give and bequeath unto my said two daughters Ruth and Sarah all my household Furniture and all the Wool, Flax and yarn in the house, and also the weaver's loom, reads and gears, and all the tackling belonging thereunto, to be divided
betweenmy said two daughters Ruth and Sarah share and share alike.
Item. After the decease of either of my said two daughters Ruth and Sarah I do give, grant, devise and bequeath her part of the abovesaid land so dying, unto my two Sons Richard and Samuel Clark, and to their heirs and assigns forever, Share and Share
alike, all which said lands and premises is bounded notheasterly by lands of John Marsh Clark, northwesterly by land of said John Mulford, South westerly by land of Samuel Clark and South easterly by the remaining part of my said homestead plantation.
Item. I do order and direct and it is my Will in consideration of the above devise and bequests of my said Sons Richard and Samuel Clark that my said sons Richard and Samuel Clark, their Executors, Administrators, or Assigns, shall pay or cause to be
paid unto Ephraim Stephens, son of my said daughter Ruth, the sum of Senventy five dollars, lawful currant money of the United States, at the decease of my said daughter Ruth, and also that my said two sons Richard and Samuel Clark, their Executors,
Administrators or Assigns shall pay or cause to be paid unto James Rickets Tucker son of my said daughter Sarah, the like sum of Seventy five dollars, lawful currants money of the United States, payable at the decease of my said daughter Sarah. But if
myu said two Sons Richard and Samule Clark, or their heirs, Executors and Administrators should neglect of refuse to pay unto the said Ephraim Stephens and James Rickets Tucker the several sums above mentioned, at the decease of the said Ruth and Sarah
Clark, that then and in such case, I do order and empower my Executors, or the Survivors or Survivor of them, to sell and convey so much of the said lands and premises above mentioned as weill be fully sufficient to raise the above sums of one hundred
fifty dollars, with all costs that may legally arise from such sale, and to make, Seal and execute all such Deeds of conveyance proper for conveying a right in fee simple to the purchaser therof, his or her heirs and assigns forever, and I do ratify
and confirm such sale or sales to be valid and good in Law and the money arising by such Sale or Sales, to be applied by my Executors for the purpose of discharging tbe legacies above mentioned.
item. I do give, grant, devise and bequeath unto my said two sons, Richard and Samuel Clark, all the remaining part of my homestead plantation, and to their heirs and assigns forever, bounded Noth Easterly by lands of said John Marsh Clark, North
Westerly by a part of said homested plantation given to my said two daughters Ruth and Sarah as above mentioned, South Westerly by land of Samuel Clark and South Easterly by the Road.
Item. I do give, grant, devise and bequeath unto my said Son Samuel Clark his heirs and assigns forever, one acre of land lying on the North side of Stony Hill to be set off with a line running parallel with the line of David Sickles.
Item. I do give, grant, devise and bequeath unto my said Son Richard Clark, his heirs and assigns forever, all the remainder of the above mentioned lot of Land which I purchased of John Terrill, containing four acres, be the same more or less, lying on
the North side of Stonyhill as aforesaid.
Item. I do order and Empower my Executors or the Survivor or Survivors of them to sell and convey all that lot of land and premises which I purchased of Joshua Marsh, lying upon the North sidae of the Second Mountain, in the Township of Barin, and
County of Somerset, and to make, seal and execute a good and sufficient Deed or Deedsm convenance or conveyances, proper for conveying a right in fee simple to the purchaseers, purchasing the same, and I do ratify and confirm such Sale or Sale to be
good and valid by law, and the money arising from said Sale to be applied by my Executors, or the Survivors or Survivor of them as part of my moveable Estate.
Item. After the payment of all my just debts and funeral expenses out of that part of my moveable estate not heretofore given to my said daughters, all the overplus remaining of the same I do give and bequeath to be equally divided between my four
children, Richard, Samuel, Ruth and Sarah, share and share alike. But if it should so happen that there is not a sufficiency of said moveable Estate (exclusive of that part given unto my said two daughters) to discharge the Said debts and funeral
expenses, then and in such case I do order and direct that if my two sons Richard and Samuel, their heirs, Executors or administrator, shall neglect or refuse topay said deficiency, then and in such case I do order my Executors or Survivors of them, to
Sell and convey, so much of the lands devised to my said two Sons, as wil be sufficient to discharge said deficiency, and to Seal and execute a Deed of Conveyance fothe same, and I do ratify such sale to be good and valid in Law.
Lastly. I do nominate, constitute and appoint my said two sons, Richard and Samuel Clark and also Elias Williams Executors of this my last Will and Testament.
In Witness whereof I have hereunto se my hand and Seal the day and year first above written.
Signed, Sealed, Published and declared by the said Richard Clark on and for his last Will and Testament in the presence of us the
John Marsh Clark
John Roberson
James M. Clark
*****
Essex County JS: John Marsh Clark, one of the witnesses to the annexed Will, being duly sworn, did depose and say, that he saw the Testator, therein named, sign and Seal the same, and heard him publish, pronounce and declare the annexed 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 tje deponent knows and as he verily believes - and that James M. Clark and John Roberson, the other Subscribing witnesses
were present at the same time, and signed their names as witnesses to the said Will, together with the deponent, in the presence of the said Tetator, and that the said Testator has been dead for more than ten days.
Sworn Marsh 18th
1826 before me.
E.F.F. Rancolph [signed] John Marsh Clark
Surrogate of Essex
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Essex County, JS: Samuel Clark Executor in the within Testament named, being duly sworn did depose and say that the annexed writing contains the true last Will and Testament of Richard Clark the Tetator therein named, so far as he knows and as he
cerily believes; that he will well and truly perform the same by paying first the debts of the said deceased, and then the legacies in the said testament specified, so far as the goods, chattels and credits of the said deceased can hereunto extend -
and that he will make and exhibit unto the Surrogates office of the County of Essex, a true and perfect Inventory of all and singular the goods, chattels and credits of the said deceased, that have or shll come to his knowledge or possession, or to the
possession of any other person or persons to his use - and that he will render a just and true account when there unto lawfully required.
Sworn before me
March 18th 1826 [signed] Samuel Clark
F.C.F. Randolph
Surrogate of Essex
*****
Probate to the foregoiing will was duly issued as follows:
I Francis C. F. Randolph Surrogate of the County of Essex do certify the annexed to be a true copy of the last Will and Testament of Richard Clark late of the County of Essex deceased, and that Samuel Clark of the County of Essex Executor 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 this
Eighteenth day of march in the year of our Lord 1826
*****
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