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John Byrnes Last Will & Testament

John Byrnes Will

I John Byrne of Windham, in the County of Windham and State of Connecticut do ordain, constitute and make this instrument my Last Will and Testament in manner following. First to my dear Wife, I give and bequeath the following parts and parcels, and priorities of the dwelling house, etc where we now live as her in devised, etc. 

I give and bequeath to her, in the lower floor of the house, the East front room and the South East bedroom and an equal and joint interest in the kitchen and all the privileges pertaining to it with full and ample liberty to pass and re pass thru the keeping room, so called to go to the kitchen in pursuit of her ordinary business and work, and also a joint and equal interest and privileges in the cellar for all the usual and necessary uses there required.

Likewise I give and bequeath to the following parts of the upper story of the house right the keeping room Chamber, so called and the north west bedroom and complete and equal privileges in the Garret, with equal right to the use of the Stairs above and below. Also, a joint and undivided rights and privileges in the Barn, wood-house and Garden for all the uses necessarily required.

To my daughter Mary Ann, I give the rest part of my houses garden & c? After the decease of my Wife, I give and bequest to my Grand Daughters Charlotte Byrne, Susan Byrne and Ellen Byrne the East front room, and the South East bedroom on the lower floor of my house, and the South East Chamber with the privileges necessary to their use, and a right in the kitchen for cooking, washing and the usual kitchen business, and also a free use of the water, in door and out, with a privilege to occupy as much of the cellar as may be necessary and reasonable.  Also an individual interest in the Garden amounting to one third the value thereof.  The rest part of the house with the Garden and buildings attached to the premises, I give and bequeath to my Daughter Mary Ann Byrne and to her heirs and assigns forever, with the northwest front room the keeping room, so called, and the kitchen and cellar (subject to the privileges above bequeathed) and the whole of the upper part of the Chamber bedroom, described as above, to my Grand daughters. And it is also my Will that when ever any repairs may be made on the house two thirds of the Expenses shall be paid by my Daughter Mary Ann, and the other third by my Grand Daughters, and if the place should be rented, at any time two thirds of the rent shall belong to my daughter Mary Ann, and the other third to my said Grand Daughters. And it is my Will that no part of the premises shall be rented, occupied or sold, except by the consent and approbation of my Daughter Mary Ann.

To my Daughter Abby, I give and bequeath my lot on the Plan, containing two acres being the same lot I bought of Tim(Jim? James?) Saralee(?) Esq. 

To my son Samuel H Byrne I give and bequeath all my right and interest in the building which I and he built for the use of the Printing Office and Bookstore situated between the House of Thomas Gray, Esq, and said Grays store on the corner, together with all the Printing and Book binding tools contained therein except my Volumes of Newspapers, which it is my will shall be equally divided among all my Children as keepsakes. And as it respects my other personal property of any kind now, in use in the family, and house, including provisions, Wood & c excepting, what may here after executed should be equally divided between my Wife and Daughters, Abby and Mary Ann, in such manner as they may mutually agree among themselves assisted and adviser by their Brother Samuel if necessary and all the residual of my xx? nd property which may not be xx? considered as described in the forgoing bequest, such as farming tools etc. I give and bequeath to my son Samuel H Byrne.

My Daughter Sally has heretofore received from me in different manners as much, at least, as my daughter Abbey and Marry Ann, will become entitled to by this Will and therefore cannot reasonably expect any portion by this decision. And my Son George, having heretofore been helped in various ways, but to the Just amount I am the present able to ascertain or conjecture. I hope in not name being remembered and considered in this distribution will he be well persuaded and assured that I have not intended any injustice to him or that my affection for him is less now than to any of my other dear children. It is alike to them all.

To my Grand Son George Byrne Jr I give and bequeath all my right title and interest to a certain tract of land lying in the State of Pennsylvania which his father George Byrne purchased for me and for which he is now my sole agent.

An I do hereby appoint and constitute my Son Samuel H Byrne to be the Executor to this my last Will and Testamant and direct him to pay all the Just claims which may be against my Estate and for that purpose I give and bequeath unto him all the rest and (remainder) residual of my Estate notes etc. and should they not be sufficient he will pay the same from what I have above divided to him without recourse to my other Legacies. 

John Byrne

In witness where of I have herewith set my hand & seal this 12th August A. D. 1837. Signed Sealed Published and declared by Testater to be his Last Will and Testament.