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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 [?]
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