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Will of David Johnston

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346
fore my decease without lawful Issue said proportion of my
estate so above devised shall go to the Survivors of them to be e
qually divided And if either of them shall die leaving lawful
issue then the share or proportion of the one so dying to go and
descend to such issue And whereas since the Execution of
my said will and Codicil thereto annexed Magdalen one of
my daughters to whom I had given and bequeathed a cer
tain proportion of my said estate has died Now [underlined] Now I
do further declare it to be my will and intention that the part
or portion of my estate so devised and bequeathed to my
said daughter Magdalen shall go to the remaining devisees
in my said will and Codicil their heirs and assigns forever
in the respective proportions mentioned in the said will [&]
Codicil excepting that the proportion which the said Corne
lia would take is hereby devised and bequeathed to her
said children by the said Gulian Verplanck in the manner
before mentioned In testimony whereof I have hereunto set
my hand and seal the sixteenth day of August in the
year of ourLord one thousand eight hundred and three Da
vid Johnston {LS} Signed sealed published and declared by
the said David Johnston as and for a codicil to his saidlast
will and testament in the presence of us who at his request
have subscribed our names as witnesses thereto Roger South
erland John Patton William Patton. Dutchess County
fs: Be It Remembered that on the nineteenth day of April one
thousand eight hundred nine personally appeared before
me James Tallmadge Jun Surrogate of the said County Roger
Southerland who on his oath declared that he did see David
Johnston sign and seal the annexed written instrument
purporting to be a codicil to the will of the said David Johnston
bearing date the six teenth day of August one thousand eight
hundred and three And heard him publish and declare the

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