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same as and for a codicil to his last will and testament That
at the time thereof he the said David Johnston was of sound
disposing mind and memory to the best of the knowledge &
belief of Him the deponent And that this deponent John Patton
and William Patton severally subscribed the Codicil as witness
es thereto in thetestators presence James Tallmadge Junior Surrogate.
Whereas in and by my last will and testament and the Codi
cil thereto I have given devised and bequeathed to my grand
daughter Elizabeth Upton and Francis Upton children of my daugh
ter Joanna now deceased a certain part or proportion of my
estate therein more particularly expressed and whereas my
said daughter Joanna has left two other children by her
second marriage viz Thomas Cooper and Caroline Cooper and
being desirous to make some provision for them I do hereby give
devise and bequeath to them the said Thomas Cooper and Caro
line Cooper their heirs and assigns forever one third part of that
proportion of my estate so as aforesaid devised and bequeath
ed to the said Elizabeth and Francis And I do hereby constitute
and appoint my son John Johnston my daughter Eupha
mia Johnston and my nephew William Allen the Survivor
or Survivors of them trustees for the said Thomas and Caroline
with full power and authority to receive manage and dispose
of all and singular the real and personal estate herein before
devised and bequeathed to them for their benefit and behoof
ni [sic] such manner as they the said trustees or the survivor or sur
vivorsf [survivors of] them shall in their discretion think proper to be di
vided between them the said Thomas and Caroline share and
share alike as they shall respectively arrive at the age of
twenty one years but should either of them die before they
attain the age of twenty one years without lawful Issue
the whole to be given to the survivor And should the said Thomas