Notes for Benjamin WINANS

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Notes for Benjamin WINANS

Sources: C.C.Gardner, p. 151.
Will of 4/12/1791 Benjamin Winans Sr. of Elizabethtown, Essex Co.;
will of. Wife, Abigail. Son, Joshua. Eldest son, Jacob, 1/2 of salt
meadow in Rahway (formerly father's, Jacob Winans, dec'd). Son,
Aaron, other 1/2 of salt meadow, also southernmost part of home
plantation. Son, John, northernmost part of home plantation. Son,
Job, part of farm in Rahway. Son, Benjamin, salt meadow of 5 acres
(below Trembles). Land on the west side of the Ohio River (adjoining
the Miami, purchased by John Symmes, Esq., of Congress) to be sold to
pay debts and legacies. Daughters, Mary Meeker, Susannah Clark and
Sarah HAVILAND, each Ł200. Grandsons, Benjamin and Benjamin (one son
of John, the other son of Aaron) each a heifer. Executors - son,
Benjamin and friend, Abraham Clark. 8/21/1792 - Codicil. Grandson,
Benjamin (son of Jacob), the 1/2 of salt meadow devised to his
father. ... Proved 4/9/1793. Lib. 33, p. 200 3/28/1793 - Inventory
Ł791.13.10; made by Robert Clark and Jeremiah Clark. File 7822-7829G
*****
In the name of God Amen I BENJAMIN WINANS of Elizabeth
Town in the County of Essex and State of New Jersey being of
sound & perfect Mind & Memory blessed be God therefor do
this Twelvth Day of April in the year of Our Lord One Thousand
seven Hundred and Ninety one, make and publish this my last
will & Testament in manner following:
First I do order that all my just debts and funeral Expences
be paid out of my Moveable Estate.
Item I give all my wearing Apparel equally between my sons
J OSHUA and JOHN.
Item I gi ve and devise unto my Eldest son JACOB and to
his heirs and assigns forever the one equal Moiety of a tract ot
salt Meadow lying in Raway Salt Meadow formerly belonging
to my Honowred Father JACOB WINANS deceased, and the other
Moiety of said Traet of salt meadow I gi ve and devise unto my
son AARON and to his heirs and assigns forever.
Item I give and devise unto my said son AARON and to his
Beirs and Assigns forever all that southermost part of my
Homestead plantation whereon I now live to be devided from
the northermost part thereof by beginning at the Road and
running at three Rods distanee from my old House between
that and my new House in which I dwell on a Course West
north west untill it eomes in a direet range with a Diteh that
runs part through my Plantation thenee running to the East
end of said Diteh and eontinuing westerly along the same to
the westermost end thereof, then eontinuing the same eourse
to the Land of Jeremiah Clark toget her also with the Tenements
and appurtenanees unto the hereby devised southermost part
of my plantation belonging or appertaining the same to be and·
remain unto my said son AARON his heirs and assigns forever.
Item I gi ve and devise unto my son JOHN and to his heirs &
assigns forever all the Residue & Remainder of my homestead
plantation lying north of the division above mentioned together
with the tenements and appurtenanees unto the said
northermost part of my said Homestead plantation belonging
,or Appertaining. Also I give and devise unto my said son JOHN
and to his Heirs and assigns forever the one equal Moiety of a
Traet of Salt meadow lying below Traubles whieh I purehased
of John Oliver eontaining byestimation about twelve aeres and
the other Moiety or half part of said Traet of Salt Meadow
last mentioned I give and devise unto my son JOSHUA and to
his heirs and assigns forever.
Item I give and devise unto my Grandson ELIAS WINANS
son of my son JOB and to his Heirs and Assigns forever all that
part of my Land lying in Raway that lieth on the southeast
side and adjoining a Line beginning at the westermost Corner
of John Woods land of His Homestead plantation and running
from thenee southwest aeross my said Land to the land of
Benjamin Shotwell. Also I give and devise unto my said Grandson
ELIAS WINANS and to his Heirs and Assigns forever all that
Traet of Land with the Tenements and Appurtenanees whieh
I purehased of Moses Hetfield whereon John Oliver now dwelleth.
But my Will nevertheless is that my said Grandson Elias Winans
shall not have the use Occupancy or benefit of either of the
devises to him above made untill after the decease of his father
my said son Job unto whom I give the entire use possession and
benefit thereof for and during his naturallife.
Item I give and devise unto my son Joshua all that part of
my late plantation lying in Raway which shall remain after my
Grandson Elias's part above devised shall be taken therefrom
in Order to enable my said son J oshua to make good his Covenants
in a sale he hath already made of the said premises.
Item I give and devise unto my son BENJAMIN and to his
Heirs and assigns forever all that my Tract of Salt Meadow
Lying below Traubles which I purchased of Robert Little Containing
byestirnation about five acres.
Item lorder and direct my Executors herein after named or
the Survivor of them to grant sell and convey all my Land
lying in the purehase made by John Symrnes Esqr of Congress
on the west side of the River Ohio adjoining the Miamie hereby
giving and granting unto my said Executors or the Survivor of
them full power and Authority to grant & Convey the same in
Fee simple and the money arising from such sale I direct to be
applied towards paying the legacys I have hereinafter bequeathed.
Item I give unto my wife ABIGAIL for so long as she shall
remain my Widow the use of the Dwelling Room on the North
Corner of my dwelling House and also the privilege of getting her
firewood off the Land I have devised to my Grandson Elias
anything hereinbefore contained to the contrary notwithstanding,
and I do order that my son Aaron shall pasture, and my
son John shall winter a Cow for my said Wife while she continues
my widow as Aforesaid. Also I gi ve unto my said wife a fifty
Pound Bond from my son Joshua made payable or given to
myself and my wife. Also lorder that all the Goods brought
to me by my wife at marriage shall be returned to her according
to our Agreement before marriage.
Item I give and bequeath unto my son Benjamin the sum of
Four Hundred pounds and to my Daughters Mary Meeker
Susann ah Clark and Sarah Haviland the sum of two hundred
pounds to each, only that the Goods I have lent to my daughter
Mary shall be her property and charged to her as part of the
above Two hundred pounds.
Item I gi ve to my Grandson Benjamin son of my son Jacob
the sum of Ten pounds and to my son John's sort Benjamin
and to my son Aaron's son Benjamin a three year old Heifer
each, all of which severai bequests above mentioned lorder to
be paid out of my moveable Estate and the money arising by
the sale of my Land at the Miamies provided the same shall
be sufficient for the purpose and the bequests to be reckoned
Eight Shillings the Spanish Dollar .•..
And my will further is that in case my son Aaron shaIl neglect
to pay a Debt he owes to Samuel Berry of New Barbadoes Neck
for which I am bound as Suretv in a Bond conditioned for the
payment of Twa Hundred pou~ds sa that by such neglect my
Estate shall be incumbered or suffer dam age thereby that then
my Executors or the Survivor of them shall seIl sa much of
the Land herein befare devised to my sd son AARON as will
indemnifie my Estate sa as not to injure my other Children.
Hereby giving & granting unto my said Executors hereinafter
named and the survivor of them full and ample power to do and
perform each and eve ry matter which they are ordered or directed
to in this my Will and Testament and I do hereby ordain
and appoint my son BENJAMIN WINANS and my friend ABRAHAM
CLARK Executors of this my last will and Testament revaking
all former wiIls and Testaments by me in any wise made Ratifying
this to be my last. In witness whereof I have hereunto
set my hand and seal the Day & year first above written.
Sign ed Sealed Published &
Declared by the said Ben- BENJAMIN VVINANS
j amin Winans to be his
Last Will & Testament in
the presence of us Subscribers
CHARLES TOOKER
LEWIS TOOKER
THOMAS MORGAN
CODICIL. Whereas I BENJAMIN WINANS of the Borough of
Elizabeth being desirous of making same alterations and additions
unto'my Last Will & Testament hereunto annexed bearing
date the twelfth day of April in the year one thousand seven
Hundred and Ninety one Do therefore make & publish this as
a Codicil to my said Will & Testament and first my wearing
apparel which in my said will I gave to my sons J oshua and
John I now gi ve to Joshua John and Aaron equally among
them.
Item the salt meadow formerly belonging to my Deceased
Father the one moiety whereof in my sd will I devised unto my
son Jacob I now hereby revoke that devise and the Moiety of
said Meadow which in said Will was devised unto my son Jacob
I hereby devise unto my son Jacob's son Benjamin and to his
heirs and assigns forever.
Item I give unto my daughter Mary Meeker all the goods
which I lent to her at her marriage that no deduction on Account
thereof shall be made out of her Legacy as mentioned in my
said Will.
Item I give unto my said daughter Mary Meeker for and
during her Natural Life a House & Lot of Land containing by
Estimation about four acres and a half acre purchased of J aeob
Traubles sinee making my said will which Lot of Land bindeth
on the Road leading to Traubles Landing and also bindeth on
the respective lands of Anthony Morss Amos Tucker and Aaron
Winans; and at the decease of my said Daughter Mary I give
and devise the said House and Lot of Land equally among all
the children of my said Daughter Mary and to their respective
heirs and assigns forever in severalty and in consideration of the
above gift to my daughter Mary I do order that instead of the
two hundred pounds given to Mary in my said Will there be
paid to her as a Bequest only the sum of eighty pounds which
shall be paid to her or kept at Interest for her use as my Executors
or the Survivor of them shall Judge proper in the manner
direeted in my said Will.
Item lorder my Executors to seIl all my third part of a
Traet of Land which I hold in partnership with my sons Benjamin
and John which we purehased of Joseph Oliver containing
about fifteen acres and lying between the Lands of J eremiah
Clark and J abez Marsh deceased, and the money arising by
such sale to be applyed towards paying my Debts and the
Legacies bequeathed in and by my said will Hereby giving
and granting unto my said Executors and the Survivor of them
-full power & Authority to grant and eonvey the said premisses
.and I hereby declare that this writing as a Codieil shall be eonsidered
as a part of my said will and Testament.
In Witness Whereof I have to this Codieil to my Last Will
.& Testament set my hand & seal this Twenty-first day of
August in the year of our Lord One thousand seven hundred
and Ninety two. Note in addition to what is above written
and as a part of this Codieil to my Last Will and Testament
I hereby gi ve unto my wife over and above what I have given
to her in my said Will one Hundred Weight of Pork six Bushells
-of Wheat six bushells of Indian Corn and six Cheeses sueh as
'she shall Chuse all of whieh to be delivered to her by my Ex-
eeutors at my deeease.
Signed sealed published &
declared by the said Ben- BENJAMIN WINANS
j amin Winans to be a Codieil
to his last Will and
Testament in the presenee
of us Subseribers
CHARLES TUCKER J unr
LEWIS TOOKER
WESSELLS TUCKER
Sworn the 9th day of April, 1793, at Newark, before Alex'r
Mae Whorter Surg' te for Essex.
The foregoing Will and Codieil· being proved, probate was
granted by the Honorable Elisha Lawrenee, Esq'r, unto Benjamin
Winans and Abraham Clark, exeeutors therein named.
(Reeorded in Liber 35 of Wills, page 200.)
A Benjamin Winans & Daniel S. Wood, were both Captains in the First Regiment,
Essex County Troops. [See HISTORY OF ESSEX AND HUDSON COUNTIES, NJ,
Shaw, 1884 - Chapter 11 - ESSEX COUNTY IN THE REVOLUTIONARY WAR.]

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