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344
Johnston bearing date the twenty first day of December one
thousand seven hundred and ninety nine and heard him
publish and decare [sic] the same as and for his last will and
testaments [Thaps?] 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 deponents and that
this deponents John Smith and Lewis Sutherland several
ly subscribed the will as witnesses thereto in the testators pre
sance. James Tallmadge Junior Surrogate
Whereas in and by my last will and testaments in the [?]
tained I have among other bequests given devised and bequeath
ed to my late daughter Mary Allen acertain [sic] [p?r?] [?] portion
of my estate both real and personal and whereas since the execu
tion thereof my said daughter has died leaving I Joice William
Allen and John Allen now for the better securing the sameto
the [said?] William Allen & John Allen ^[I...John Allen] I do hereby give devise & bequeath the [?] to Joice William Allen and John Allen their heirs and assigns
forever the said parts or proportion of my estate so mmy [sic] said
last will and testament devised and bequeathed to my said
daughter Mary Allen And I do hereby declare it to be my fur
ther will and Intention that if any or either of My children
during my life leaving lawful Issue that such part of my es
tate in my said last will and testament devised to such
child or children shall go or descend to the lawful Issue [?]
such child or children their heirs and assigns forever In tes
timony whereof I hereunto set my hand and seal
the second day of August in the year of our Lord one thousand
eight hundred and two David Johnston {LS} Signed sealed
published and declared by the testator as and for a [Ceadicil?]
to his said last will and testament on the day & in the year
therein mentioned In the presence of us who at his request
have subscribed our names as witnesses thereto Roger South
erland John Patton Lewis Nothrup. Dutchess Coun
ty fs: Be It Remembered that on the nineteenth day of April
one thousand eight hundred and nine personally appeared
