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and Caroline both die before they arrive at the age of twenty one
years without lawful issue I then give devise and bequeath the
same to the said Elizabeth and Francis their heirs and assigns for
ever And whereas in the Codicil to my last will and testament
I have given devised and bequeathed to my nephews William
Allen and John Allen a certain part or proportion of my estate
It is my will and intention that if either the said William or
John shall die during my life the proportion so devised to
them shall go or descend to their lawful issure intending that
[it?] the said William should die, his children should take his
proportion and the same with the said John as witness my
hand and seal the 13 December 1808 David Johnston {LS}
Signed Sealed published and declared by the said David John
ston as and for a codicil to his said last will and testament in the
presence of us who at his request have subscribed our names as
witnesses [underlined] thereto Alithea Gibbs Wareham Sheldon Samuel Bard.
Dutchess County fs: Be it Remembered that on the nineteenth day
of April one thousand eight hundred and nine personally
appeared before me James Tallmadge Jun Surrogate ofthe
said County Wareham Sheldon who on his oath declared that
he did see David Johnston sign and seal the annexed with
Instrument purporting to be a Codicil to the will of the said
David Johnston bearing date the thirteenth day of December
one thousand eight hundred and eight And heard him publish
and declare the same as and for a codicil to his last will and
testament that at the time thereof he the said David John
ston was of sound disposing mind and memory to the best of
the knowledge and belief of him the deponent and that this
desponent Alitha Gibbs and Samuel Bard severally subscribed
the codicil as witnesses thereto in the testators presence James
Tallmadge Junior Surrogate
{J.S.} The People of the State of New York by the Grace of God