"In the name of God Amen, the sixteenth day of December in the year of our Lord, seventeen hundred and nine, being the eighth year of the reign of our sovereign Lady Ann by the grace of God, Queen of Great Brittain., etc. I, Peter Nuee, of Elizabeth Town in the county of Essex and Province of New Jersey, yoeman, being in health of body and of sound and perfect memory, thanks be to God, do make this my last will and testament in manner and form following: That is to say, first I bequeth my soul and spirit into the hands of Almighty God who gave it, and by body I commit to the earth to receive a decent Christian burial, and touching the distributions of that worldly estate, which it both pleased God to bestow upon me, I dispose of the same as follows: First: I will that all such just debts as I shall happen to owe at my decease, shall be well and truly paid out of my moveable estate, by my executor hereafter named.
.....Item. I give and bequest unto my well beloved son John Nuee, the sum of twelve pounds current money to be paid to him in convenient time after my decease by my executor.
.....Item. I give and bequest unto my very loving and dearly beloved wife Margaret the whole use and improvement of my now dwelling house, and whole farm, a plantation which I purchased of William Piles, situate, lying and being within the bounds of Elizabeth Town aforesaid, at a place called Rahway, and also the whole use and improvement of all the rest of my whole moveable estate for the comfortable and honorable support and maintenance during the term of her natural life, and at the decease of my said wife Margaret, I give and bequeth all that my whole moveable estate of what nature or kind soever the same shall then be, or in whose hands custody or possession soever the same or any part thereof shall be found, excepting my negro Joseph and negro Hellena, and all of my household goods and all my carts, plows, and all tactling and utensils for husbandry, unto my well beloved son and daughter, John Nuee and Mary, the wife of John Tremble, to be equally divided between them part and part equal alike, and to the several heirs of their body's lawfully begotten forever and as touching the disposition of my lands, tenements and hereditaments. I will and devise thereof and therefore in manner and form following that is to say:
.....First, I give, grant, devise, and bequeath to my son John Nuee, aforesaid, all that my plantation and the gristmill thereon standing, situate, lying and being in the bound of Woodbridge in the county of Middlesex and Province of New Jersey, above said, with all the appurtenance thereunto belonging, which I purchased of Daniel Stillwell, to have and to hold the said plantation and gristmill with the appurtenances thereunto belonging to the said John Nuee, my son, during his natural life, and at his decease unto such of the heirs of his body lawfully begotten as he, the said John Nuee, my son according to his will and pleasure shall see good to give, grant, devise and bequeath the same premises unto either by free and clear deed of gift to them, their heirs and assigns forever, or by deed or deeds of entailment or otherwise as to him shall seem most meet and proper, but if the children of my said son John Nuee, shall all happen to die without such lawful issue as aforesaid, then and in such case my will is that the said plantation and gristmill, with the appurtenances, shall return, inure, be and remain to the only proper use, benefit and behalf of my said daughter, Mary Tremble and the heirs of her body lawfully begotten forever provided always nevertheless, and my will is hereby declared to be that if my said son John Nuee, shall happen to die and leave his present wife Demaris, widow, that then in such case the said Demaris, his widow, shall have the whole use and improvement of all the whole plantation and gristmill aforesaid, with the appurtenances for the bringing up of his children until such time as they shall come to the age of one and twenty years of their life and no longer, I give, grant, devise and bequeath to my said son John Nuee, all that my three hundred acres of land, situate, lying and being within the bounds of Elizabeth Town, above said, laid out to me by division and adjoinging to the land of Elephalet Teasey, and also that all my messuage or dwelling house situate and being in the City of New York at the corner of a street called New Street by the Broad Street and adjoining to the house of Nicholas DuPue, deceased, to have and to hold the said three hundred acres of land and the said house with all manner of libertys, privelege or advantage and appurtenances whatsoever thereof belonging unto the said John Nuee, my son, his heirs, and assigns forever.
.....Item. I give, grant, devise and bequeath unto my daughter Mary, the wife of John Tremble, to be possest thereof at the decease of my wife Margaret, all that my now dwelling house and whole farm or plantation, situate, lying and being in Elizabeth Town aforesaid, at a place called Rahway which I purchased of William Piles, and also my third lott right which I purchased of William Piles, that is to say, all future division of land and meadow to the said third lott right belonging or appertaining throughtout the whole bounds and purchase of Elizabeth Town aforesaid, to have and to hold, my said dwelling house, plantation and third lott right as above expressed with their and every of their appurtenances from and after the decease of my said wife, Margaret, unto the said Mary, my daughter during her natural life, and at her decease, to the children of her body during their lives and their decease to the heirs of their bodys lawfully begotten and to their heirs and assigns forever. But if the children of my said daughter, Mary, shall happen all to die without any lawful issue as aforesaid, then and in such case, my will is that all the said dwelling house, plantation and third lott right, with the appurtenances shall return in use, be and remain to the only proper use, benefit and behoof of my said son John Nuee, and to the heirs of his body lawfully begotten forever, provided always nevertheless, and my will is hereby declared to be that if my said daughter, Mary, shall happen to die and leave her present husband, John Tremble, a widower, that then and in such case the said John Tremble, shall have the whole use and improvement of the said dwelling house and plantation with the appurtenances, for the bringing up of the children of my said daughter Mary, until such time as they shall come to the age of one and twenty years of their life and no longer.
.....Item. I give, grant, devise and bequeath unto the said Mary, my daughter, all that my house and land, situate, lying and being in the City of New York at the corner of a street called Wall Street, adjoining to the house and land of Mortier, a comb maker, to have and to hold the said house and land with all the liberties, privileges, advantages and appurtenances whatsoever to the same belonging and appertaining unto the said Mary, my daughter, her heirs and assigns forever. Provided always nevertheless, and it is the true intent and meaning of these present and my will therein is hereby declared to be that during the life of the said John Tremble, husband of my said daughter, Mary, the same house and land shall not be granted , sold, or given to any person or persons whatsoever, other than to some of the children of my said daughter, Mary, but if the said John Tremble should happen to die and leave my said daughter a widow, then and in such case my will is and it is hereby declared that the said Mary, my daughter, if need require and she see meet, shall and may and by this my last will and testament she is fully impoverished to grant, bargain, sell, assure and confirm the said house and land, situate and being in the City of New York, at the corner of Wall Street aforesaid.
.....Item. I give and bequeath unto my said daughter Mary, and to the heirs of her body lawfully begotten, my negro man Joseph and my negress Hellena, and all my household goods, and all my carts plows, and all my other tactcling and utensils for husbandry excepted but of my whole moveable estate by interlineing between the twelth and the thirteenth and fourteenth lines of this my last will and testament as above appears. To have and to hold the said negro man and negro woman and all my household goods, carts, plows and all other my tools, tactcling and utensils for husbandry from and after decease of said wife margaret unto the said Mary, my daughter, and to the heirs of her body lawfully begotten forever.
.....Item. I make and ordain my said loving and dearly beloved wife, Margaret to be my full, whole and only executrix of this my last will and testament, and I do utterly revoke all former wills and testaments by me in anywise heretofore made or declared, and do hereby declare this to be my last will and testament. In witness whereof, I have hereunto subscribed my name and set my seal in the presense of these witnesses whose names are subscribed the day and year first above written.
Peter Nuee (L.S.)
Signed, sealed, published and declared by the testation to be his last will and testament in the presence of us witnesses, Jeffrey Jones, Samuel Whitehead, Joanna Whitehead f her mark.
Proved April 28th, 1710.
Office of the Secretary of State of New Jersey, unrecorded, Vol 5, page 149; N.J. Archives 23:342.
Transcribed by Ilene Noe Kreider
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