A hand written copy by a J.O. Dye states the following about the Will of James Dye.
1761, June 1, Dye Will, James of South -Ward of Perth Amboy, MIddlesex Co. Yeomanu: Will of. My plantation to be sold. Of my estate - my wife Sarah is to have 2 parts. My sons James, Andrew, David, John, Nenjamin, each 2 parts and my daughters, Mercy, Raschel, Anne and Sarah each to have 1 part when of age.
Executors - my wife Sarah, my brother Vinson (Vincent), and my friend John Tomson.
Witnesses - Stephen Warne, George Job, Stephen Warne, Jr.
1763 Dec. 13 Codicil. The money which is due me by virtue of he will of my father John Dye, to be collected.
Witnesses - Same as in the will. Proved April 6, 1764
1764, April 17. Inventory, made by Vincent Dye and John Tomson.
Lib H P. 427.
The following hand written note by J. O. Dye:
James in not in the direct family line followed here but is inserted because the record of the ----- and Duyts and Sarah Fountaine were lost, thought to have burned (?) with the Old Dutch Church on Staten Island, but about 1905 has found by J. Warren Dye.
Early Wills of NJ Vol H pg427ff
Pg 427
James Dye's Will
Recorded May 29th 1765
In the Name of God Amen I James Dye of the South Ward of Perth Amboy Country of Middlesex and Province of New Jersey yeoman this first day of June Anno Domini One Thousand Seven Hundred & sixty one, being sick and weak in Body and believing it is appointed for all men Once to Dye do now make and ordain this my last will and Testament Principally & first of all I resigne up my Soul to God who gave it, and my body I recommend to the Earth to be burried in a decent and Christian like manner at the discretion of my Exceuoters, believing that I shall receive the same again at the General Resurrection of the Dead at the last day, and for what worldly estate I hath pleased God to Bless me with in this life I give Bequeath and dispose of in the following manner and form. Imprimis, I will and ordain that my funeral charges and just debts be all paid. Item I will and ordain that all my personall Estate be sold at publick vendue as soon as my Executors shall think proper after my decease eaceipt three cows and two horses and some necessary household goods and other moveables as my Executors shall think proper for the use and benefite of my wife and children to use one year. Item I further will and ordain that my plantation and all my other personall Estate be sold to the best advantage at the end of one year after my decease or soon after at the discretion of my executos. Item I will and ordain that my well beloved wife Sarah to have the use and benefite of my dwelling house and plantation one year next after my decease towards supporting herself and my children on condition she suffer no waste of timber. Item I will and
Pg 428
Ordain that after all my Estate Real and Personall lands & moveables are sold and my Just Debts and funeral charges paid, the remainder and surplush money to be divided as follows. Item I will and ordain that all the abovesaid overplush money be divided into sixteen shares or parts and my beloved wife Sarah to have in the first place two of those parts. Item I give and bequeath unto my sons James, Andrew, David John and Benjamin to each of them two parts. Item I give and Bequeath unto my Daughters Mercy, Rachel, Ann & Sarah to each of them one part. Item I will and ordain that if any of my sons should dye before they arrive to the age of twenty one years then the share of the deceased to be divided amoung the survivors. Item I will & ordain that if any of my daughters should dye before they arive to the age of twenty one years or marry then the share of the deceased to be divided among the survivors. Item I will and ordain that my children be supported & maintained out of the interest money arising from the overplush money and schooled at ye discretion of my Execut. And also put out to trades & bindings at the discretion of my Execut. Item I hereby nominate appoint and constitute my beloved wife Sarah my Bro. Vinson Dye and my friend John Tomson (my executors) to execute this my last will & testament. James Dye (SS) Signed Sealed & Delivered pronounced and declared by James Dye to be his last will & testament in the presence of Sten Warne George Job Stephen Warne Junr Whereas I James Dye of the South Ward of Perth Amboy yeoman did on the first day of June Anno Dom. 1761 make and ordain in writing under my hand and Seal my last will & testament. Now therefore now this thirteenth day of December Anno Dom. One thousand seven hundred and sixty three being but weak in body but perfect mind & memory do now make and ordain this addition and codicill to my abovesaid last will and testament. Item I will and ordain that all the money which is now owing and coming due and payable to me by vertue of the last will and Testament of my father John Dye Deceased as part of his Estate and also any and all money that shall be owning comeing due and payable unto me and to my Estate to be all collected and received of my Executors, and as collected to be divided into sixteen shares or parts. Item I give and bequeath unto Sarah my beloved wife two of those shares or parts. Item I given and Bequeath unto my sons James Andrew David John and Benjamin to each of them two of those parts. Item I will and ordain that if any of those some should dye before they arive to the age of twenty one years or marry then the share of the deceased to be divided among the survivors. Item I will and ordain that if any of my daughters should Dye before they arive to the age of twenty one years or marry the share of the deceased to be divided among the survivors. James Dye (ss) Signed Sealed and Delivers pronounced & declared by James Dye to be a codicil and an addition to his last will and Testament hereunto annexed in the presence of Sten Warne George Job Stephen Warne Jun Be it remembered that on the sixth Day of April
Pg 429
And one thousand and seven hundred and sixty four Step Warne & George Job two of the subscribed evidences to this Instrument appeared before me John Smith duly authorized &c and they being duly sworn on the Holy Evangelists of Almighty God on their oaths declare that they were present and did see James Dye the testator in this will named Sign and seal the same, and heard him publish pronounce and declare it to be his last will and testament; that at the doing thereof the said testator was of sound mind and memory to the best of their knowledge and as they Verily believe, and that at the same time Stephen Warne Jun. The other Evidence was also present and signed as an evidence as they Each did in the presence of the said James Dye. Also that at the same time Sarah Dye Vinson Dye and John Tonson the Executors in the within will named came before me and were duly qualifyyed by taking the Oaths of Executors as by Law appointed. John Smyth Probate Granted by Governor Franklin &c (in the usual form &c) Dated the same sixth day of April 1764 Examined and agrees with the original, the words (my executor) interlined in the 19th line of the preceeding page were by by mistake in Recording. Smyth pr Reg