USA > Connecticut > New London County > Stonington > History of the town of Stonington, county of New London, Connecticut, from its first settlement in 1649 to 1900 with a genealogical register of stonington families > Part 61
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Item. I give and bequeath to my son James Noyes, and to his heirs and as- signs forever, all the lands I have lying in Stonington, aforesaid, except the little pasture lying north of ye country road adjoining to Capt. John Denison's land. He my son James paying three thousand pounds in bills of credit as it now passes in old tenor, to my Executors in one year after my decease. I also give to my sd. son, James, the one half of my dwelling house, during the life of my sd. wife, and after her decease I give the whole of my sd. house to him, his heirs and assigns forever.
Item. I give to my beloved son, Sanford Noyes, during his natural life, the use of one half of my house and cellar and the use and improvements of one hundred and sixty acres of land, all lying in Westerly in the Colony of Rhode Island, to be set out to him, off of my farm, in sd. Westerly, in such manner as that it may be reckoned alike for quality of goodness with the rest of sd. farm, in proportion, and when my sd. son Sanford dies, if he leaves a child or children, begotten in wedlock, by a present or future wife, my will is that ye sd. one hundred and sixty acres of land shall be settled upon his sd. children or child in manner and form as the laws in that Colony do settle Intestate Es- tates, and if my said son Sanford, doth die leaving no lawful issue as aforesd.
my will is that sd. one hundred and sixty acres of land shall be to my son Joseph Noyes, his heirs, administrators paying to each of his sisters that shall be then living the sum of one hundred pounds in money, or bills of credit as it now passes, and also paying the sum of one hundred pounds of like money to the children of each of his sisters that shall be then dead, to be equally divided among them.
Item. I give and bequeath to my beloved son, Joseph Noyes, to his heirs and assigns forever the other half of my house and cellar, in Westerly, aforesd. and all the residue of my land, lying in the sd. town of Westerly, the barn and other buildings now standing thereon being his own already.
Item. I give to be equally divided between my sons all my wearing apparel, and my utensils belonging to husbandry.
Item. My will is that my debts and funeral charges be paid out of my moveable estate by my Executors and when that is done, my will is, that two thirds of my moveable estate and two thirds of my money and two thirds of the debts due to me by book, bond or otherwise, shall be equally divided or distributed by my Executors to and among my beloved daughters or their children, viz., Elizabeth Palmer, Dorothy Palmer, Mary Billing, Rebecca Den- ison, Abigail Hallam, Ann Frink and Bridget Denison. That is to say, to divide or distribute among them or their children if they or any of them be dead, as that including what I have already given them at their marriage or at other times as may appear by my memorandum papers, and what I now give them by will, they may all be made equal.
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HISTORY OF STONINGTON.
Item. My will is and I hereby order my son James Noyes, at two years after my decease, to pay or distribute equally among all my daughters aforesd. and the children of them my sd. daughters that are or shall be then dead, the sum of one thousand pounds in bills of credit of the old tenor, as they now pass, or other money equivalent thereto, so that each daughter my be equal sharer in sd. thousand pounds.
Item. I give and bequeath to the children of my daughter, Rebecca Den- ison, decd. and to their heirs and assigns forever, a small pasture, being the northwest part of my farm in Stonington, aforesd., lying on the north side of the Country Rhoade, joyning to Capt. John Denison's land, this to be ac- counted towards making their mother equal with her sisters, as aforesd.
Lastly. I hereby constitute and ordain my beloved wife, Elizabeth Noyes, Executrix, and my sons James Noyes and Joseph Noyes, Executors, of this my last will and Testament, hereby disallowing and revoking and making voyde all other former wills by me in any wise made. Ratifying this and no other to be my last Will and Testament, and they only my Executors. In witness whereof, I have hereunto set my hand and seal the day, month and year first above written.
THOMAS NOYES. (Seal)
Signed, sealed, published and declared by the sd. Thomas Noyes, his last Will and Testament, in the presence of us, the subscribers. SAMUEL CROSS. NATHAN BILLING.
ELISHA BERRY.
New London, Aug. 6th, 1755, Approved.
G. SALTONSTALL, Judge Probate.
Stonington in New London County, July ye 3rd, 1755.
Personally appeared, Samuel Cross, Nathan Billing and Elisha Berry, ye witnesses to this foregoing Will and made oath that they saw ye aforesd. Thomas Noyes ye signer to ye foregoing Will sign and seal ye same and heard him pronounce and declare ye same to be his last Will and Testament, and that at ye same time he was of a sound, disposing mind and memory (To ye best of their judgment) and that they, at ye same time signed thereto as witnesses in ye presence of ye Testator.
Sworn before me,
SIMEON MINOR, Justice of the Peace.
WILL OF BRIAN PENDLETON.
I, Brian Pendleton, sometime of Saco, in ye County of York, now resident, in Portsmh, on Pascataq River in N. E. doe make & ordain this to be my last Will & Testament, hereby revoking all former wills by me made.
1st. I give to my beloved wife Eleanor Pendleton, (besides which I have re- served for her in a deed of Gift to my Grandchild Pendleton Fletcher, all my household Goods, together with all that piece of land belonging to me, lying between my son James's & Mr. Deering's upon the Great Island, which I have excepted & reserved out of my Deed of Gift, of all to my son James.
2nd. Furthermore, I give to my wife all of my houseing & land at Cape- Porpus which Richard Palmer's wife hath the use of during her life, to- gether with my six hundred & forty acres, more or lesse, lying on ye east side of Westbrook, near Saco Falls, which I bought of Jno West & Maj. Wm. Phillips as ye Deeds will appear, as also Timber Island at ye Little River, all which I give to my wife, absolutely to be at her disposal.
2nd. Unto my Grandchild, James Pendleton, Jun'r, I give my hundred acres upland & ten acres of meadow which I bought of Jno. Bush & lies within ye Township of Cape-Porpus, adjoining to Prince's Rock.
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APPENDIX.
3rd. All my houseing and land at Wells, with all the privileges and ap- purtenances I give unto my two Grand-children Mary and Hannah Pendleton, which my son had by his ffmer wife, to bee equally divided between ym.
4th. I give to my wife all my wearing clothes to be disposed of as she shall see meet, desiring her to (remember some poor).
5th. Finally I make my wife my Executrix and joyn my beloved son James Pendleton, executor, together with his mother willing my Executrix to dis- burse what is needed for my Funerall charge, and my Executor to pay all my debts. And I request Mr. Joshua Moodey and Mr. Richard Martyn to bee overseers to this my last will and Testament.
In witness to all and singular yt p'misses I have set to my hand and seale this 9th August, 1677.
BRIAN PENDLETON. (Seal)
Witnesses: JOSHUA MOODEY, ANN MOODEY.
As a schedule to this my last will and testament, I give unto my beloved son, James Pendleton, all my land on the East of Westbrook, butting on the great river of Saco, six hundred acres, more or less, my house and lands lying at Cape-Porpus, in all three hundred acres in the occupation of Richard Palmer, all my several Islands in or near sd. Cape-Porpus the one half of my stock of cattle of what sort soever upon my farm at Winter Harbour found after mine and my wives decease with all my wearing apparel and one third of my household goods, except my utensils of Husbandry. And unto Mary and Hannah Pendleton, daughters of my sd. son James, all my lands in Wells being three plantations or lotts, bought of Mr. Fletcher Hammond, and were improved by Joseph Cross, and to each of them one third part of my household goods after mine and my wives decease.
Item. To Brian Pendleton, my Grandson, the remainder of my land on Great Island Pascataq, what is contayned herein is addition to my will, anything in sd. will notwithstanding.
BRIAN PENDLETON. (Seal.)
This schedule was signed and sealed in presenc of us, JOSEPH DUDLEM, JOSHUA MOODEY,
Joshua Moodey made oath yt ye writing on ye otherside was signed and sealed by maj. Brian Pendleton, and declared by him to be his last will and Testament, and yt. Mr. Joseph Dudley did write and sign to the schedule annexed at ye foot and annexed to ye foot of ye foregoing page.
This 3rd day of April, 1681,
Before us,
JOHN WINCOLL, T --. S .-
CHARLES FROST, Justice of the Peace.
This will within
written
attest above,
For Mr.
23, Ap. 1681. pd. Ed.
Rishworth.
WILL OF WALTER PALMER.
Walter Palmer-Will-Vnto my sonne, John, a yoake of three yeare old steares and a horse; to my dau. Grace 20s. to all my Grand-Children 20s. apeece. To my sonne Jonas, halfe the planting lott at ye new meadow River, by Seaconcke, and ye Lott betweene John Butterwoths, according to the
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HISTORY OF STONINGTON.
foure score pound estate, and the yse of halfe ye houseing and halfe of the whole farme for fower years. To my sonne William, the other halfe of saide farme at Seaconck forever, and to take Robert Martine or some other skill full man and to divide the houseing and the whole farme in two equall pts and to take his owne and dispose of it as he pleaseth. I give him also a Mare with her foale, two redd oxen, a paire of Steares of three years old a piece, fower Cowes and a Muskett, with all such things as are his owne already. The other halfe of the farme at Seaconcke I give to my sonne Gershom forever after the ende terme of fower yeares. All the rest of my Land, goods and chattel vndesposed I Leave vnto my wife, whome with my sonne, Elihu, I make my full executor, to pay my debts, bring up my Chil- dren and pay them their portions as my lands and estate will beare; but in case my wife marry againe, before my children are brought up and their portions payed, then my three sonnes, Elihu, Nehemiah and Moses, to enter vpon the farme and Estate and pay vnto their mother 10 pounds pr annum dureing her life and ye land and estate duely valued to be equally distributed among my Children, Elyhu, Nehemia, Moses, Benjamin, Gershom, Hannah and Rebecca with Consideration of the tenn pound yearely to be payd to their mother out of my land. But if my wife pay their portions according to her discretion and my three sonnes, Elyhu, Nehemia and Moses, Possesses the land, they shall give 20 pounds a piece out of the land to my sonne Ben- jamine, besides his mother's portion in 3 years after they are possessed of the Farme.
WALTER PALMER.
In the p'nce of
WILLIAM CHESEBROUGH, SAM'LL CHESEBROUGH,
NATHANIEL CHESEBROUGH.
Memorandum .- If Elyhu, Nehemia or Moses decease before they have any yeare, Benjamine is to succede in their pl. of ye farme, and give to my dau., Elizabeth, two Cowes. I give my Executor a yeare's time for payment of these Legacies.
Testified to by the three witnesses, on oath before George Denison Com. Approved by the Court on Petition of Lieut. Richard Cooke in behalfe of ye Widow Palmer, relict of Walter, and Elihu, their sonne, on the oathes of us, Samuell and Nathan Chesebrough, 11 May, 1662.
Inventory of the goods and chattels of Walter Palmer, now deceased, at Sothertowne in the Countie of Suffolke, as it was taken the last of Mch. 1662, by William Chesebroke and Thomas Stanton of the same towne.
Amt. 1644 pounds, 05s.
One Horse valued at 12 pounds added by Elihu Palmer as executor who deposed 13 May, 1662.
MARRIAGE CONTRACT.
Stonington, July the 9th, 1680.
This witnesseth, that upon contract of marriage betwixt Joseph Saxton and Hannah Chesebrough, widow and relict of Nathaniel Chesebrough, deceased, the said Saxton doth covenant and promise to and with the said widow Chesebrough and with the overseers, Capt. George Denison and Mr. Nehemiah Palmer, to wit, that he the said Saxton upon the consideration of marriage with the aforesaid widow, shall and will take upon him the management of the whole estate, belonging unto the said relict and children and in consideration of the use and improvement of the said estate to bring up and maintain the children in a Christian and discreet manner and shall not charge them any way debtors for the same, but shall and will pay all and each of the chil- dren the full of their portions ordered them as they shall come of age, and
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APPENDIX.
in land at the same right it was inventoried, always provided and it is to be understood that the thirds due unto the widow, during her natural life, is not to be paid until her decease, unless the said Saxton and widow shall see cause to do it of their own good will; it is also to be understood that the widow's third is not to be deducted out of any one or more of their portions, but out of each and every one of them, their just portions until her decease, at which time, they are each one to receive the full complement of their portions in case they have not received it before, as above expressed in the mean season and until all the children have received the whole of their portions assigned them, by the Court. It shall not be lawful for any one upon any pretense whatsoever to sell, mortgage, alienate or any way to alter the portion of any of the aforesaid house or land until as the children, shall receive each and their particular portion in land, being of full age, they shall see cause for their own comity to sell or alienate their own par- ticular portions, but otherwise and until such time to be and to remain, in the same state as at this time present and for the reason aforesaid and for the true and faithful performance of all and each particular contained the said Saxton, doth bind himself, his heirs, executors, administrators and as- signs firmly by these presents.
In confirmation whereof, he the said Saxton hath hereunto set his hand this 7th of July, one thousand six hundred and eighty.
JOSEPH N. SAXTON.
Witness to these Presents, SAMUEL STANTON, DANIEL STANTON.
The above written contract and obligation was entered in this Book the 27th of July, 1680.
JOHN STANTON, Recorder.
WILL OF DANIEL SMITH (No. 2 in Smith Family).
I, Daniel Smith of Watertowne, in ye Countie of Middlesex, being very sick and weake in my bodie and daily looking when my leaving shall be, yet through ye mercie and goodness of God I am in my understanding and memorie sound, and doe declare this to be my last will and testament as followeth: I return my spirit unto God yt gave it and my bodie to the earth from whence it was taken to be decently buried at ye discretion of my ex- ecutor, hopeing at the last day to have a glorious resurrection both of bodie and soule through ye merits of ye Lord Jesus Christ.
I give unto my deare and loving wife, my whole - both houses and lands and moveables for her comfort and maintenance and ye bringing up of my children so long as she shall contenue a widdow after my decease, but if she shall see reason to marrie again, then my will is, she shall injoy the thirds of ye yearly income of my lands and that onely.
I give unto my two eldest sons, namely Daniell Smith and John Smith, after my wives decease or marriage, my houseing, both dwelling house and barne with all my lands both meddow and upland equally to them and their heirs forever. They paieing out of them as is after expressed and if eighther of them die before they atttained to ye age of one and twentie years, then my will is that my third son, namely, Joseph Smith, shall injoy the part and proportion of him that dies as before and if all my three sone doe live, then my will is that my son Joseph, abovesaid, shall have an equall portion with his eldest brethren to be paid him out of my houses and lands, but not in house and land. I give unto my oldest son Daniell Smith abovesaid my horse and armes and furniture for ye horse with all my wearing cloath both linen and woolen. My will is that my moveable estate after my wives de- cease or marriage be equalie divided among all my daughters and what my
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HISTORY OF STONINGTON.
mother's will and mind was to bestow upon any of my daughters my will is yt it should be performed without any alteration.
And I doe nominate and appoint my deare and loveing wife to be sole ex- ecutrix to this my last will and testament and doe earnestly desire my good friends, John Bisco and William Bond, Sr., to be overseers of this my will to be helpfull to my wife in her desolate condition in ye performance of this my will and in looking after my children, and as a confirmation of this my will I have set to my hand this one and thirtieth of May, sixteen hundred eighty and one.
DANIELL SMITH,
21, 4 mo. sworn by the witnesses as attests. JONATHAN REMINGTON, Clerk.
As witnesseth, JOHN BISCO, WILLIAM BOND.
WILL OF JOHN SMITH (No. 5 Smith Family).
In the name of God, Amen- -the fourth day of March, 1729-30.
I, John Smith of North Stonington, in ye County of New London, being very weak of body but of perfect mind and memory, thanks be given to God for it. Therefore calling to mind the mortality of my body and that it is appointed for all men once to die, Doe make and ordain this my last will and Testament that is to say, First of all I Recommend my Soul unto the hands of God that is, and my body I Recommend to ye earth to be buried at ye discretion of my executors nothing doubting but at ye general Resurrection I shall receive the same again by ye mighty power of God. And as touching such worldly Estates wherewith it hath pleased God to Bless me with all here in this life, I give and dispose of ye same in ye following manner and form:
Imprimis .- I give and bequeath unto Susannah my dearly beloved wife ye east end of my dwelling house, half my barn and ye one half of all my hous- ings, with all my moveables excepting sixty pounds thereof (and what my estate is in debt) during the time she continue my widow, but if she marries again then to have but one third part of ye moveables above sd. during her natural life and then to be divided equally amongst my three daughters or their heirs. I give unto my loving son Daniel my homestead with all the buildings thereupon excepting as above given, he paying unto my son Josiah, 80 pounds money within two years after my death and five shillings to my son Ephraim. I give unto my loving son Ephraim, 5 shillings money to be paid by my Executors which together with what I have formerly given him is to ye full of his portion. I give unto my loving son Josiah 80 pounds money to be paid by my Executors within two years after my death which together with what I have already given him is ye full of his portion out of my estate. My loving daughter Lucie deceased I gave formerly unto her ye full of her portion out of my estate. I give unto my loving daughter Margaret, one third part of my moveables given to my loving wife above after she has done with them as abovesd. with what I have formerly given her is ye full of her portion out of my estate.
I give unto my loving daughter Ester the value of thirty pounds, money, out of my moveable estate and one third part of moveables given to my loving wife after she hath done with them as abovesd.
I give unto my loving daughter Susannah the value of thirty pounds money out of my moveable estate and one third part of my moveables given above to my loving wife after she hath done with them as abovesd.
I likewise make and ordain my dearly beloved wife Susannah my Executrix and my loving son Daniel, Executor of this my last will and Testament and I do hereby utterly revoke and disanul all and every other former Testament,
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APPENDIX.
wills, and bequests by me in any way before named willed and bequeathed. Ratifying and confirming this and no other to be my last Will and Testa- ment.
In witness whereof I have hereunto set my hand and seal ye day and year above written.
JOHN SMITH.
Signed, sealed, published, pronounced and declared by ye sd John Smith to be his last will and testament in presence of us witnesses.
THEOPHILUS BALDWIN, SAMUEL PRENTICE,
ABIGAIL PRENTICE.
New London, Co., Stonington, May ye 31st A. D. 1739.
Then Theophilus Bawldin, Esq., Samuel Prentice and Mrs. Abigail Prentice, personally appeared and made solemn oath that they saw John Smith ye subscriber to ye above and within written, sign and seal ye same and heard him publish and pronounce and declare ye same to be his last will and testament and that he was in a perfect, sound mind and memory when he executed the same and that we signed ye same as witnesses in ye presence of ye testator,
Before Me,
INCREASE BILLINGS, Justice of the Peace.
WILL OF JOSEPH SMITH, HUSBAND OF ZIPPORAH BRANCH (No. 22).
I, Joseph Smith of Stonington, in the County of New London, and State of Connecticut, being sick and weak in body, but by the blessings of God, am sound in my understanding and mind and memory, calling to mind the mortality of my body and that it is appointed for all men once to die and considering my present weakness as a symptom of the close of my days, I do make and ordain this my last will and Testament. First, I recommend my soul to God, that gave it me, and my body to the dust to be buried in a decent and Christian manner, at the discretion of my Executor hereinafter named, and as to the worldly Interest it hath pleased God to bless me with, I give and dispose of it in the following manner.
First, My will is that all my just debts and funeral charges should first of all be paid by my Executor out of the legacy given him in this Will.
Item. I give to my well beloved son Daniel Smith, two hundred and twenty pounds, lawful money, to be paid him by my Executor hereafter named, one hundred and twenty pounds of sd. sum to be paid in fifteen months after my decease, and the other hundred in one year and ten months after my decease, the said Daniel Smith paying to Charles Phelps, esq., 10 ewe sheep and twelve lambs and also 18 lbs. of sheeps wool, and also pay and settle with Mr. Daniel Prentice a debt which I owe him by book, and the above legacy when paid is his full share in my estate.
Item. I give to my well beloved son Joseph Smith Jr., the farm on which I now live with all the buildings on the same belonging to him, his heirs and assigns forever, he the said Joseph Smith, Jr., complying with such divisions and provisions as are and shall be made in this will relating to him.
Item. I give unto my said son Walter Smith one third part of a right of land I own in the State of Vt., so called, to him, his heirs and assigns for- ever and also one half of my wearing apparel, except a fine holland shirt dress, I do give to my son Walter Smith, ten pounds lawful money to be paid him by my Executor hereafter named within twelve months after my decease which said land, clothing and money when paid, is in full of his share in mny estate.
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HISTORY OF STONINGTON.
Item. I give to my well beloved son Lemuel Smith, one third part of a right I own in the State of Vt., so called, to him and his heirs and assigns forever, and also one half of my wearing apparel, except a fine holland shirt, the said land and clothing when paid is in full of his share in my estate.
Item. I give to my well beloved son Thomas Smith, the other third part of a right of land I own in the State of Vt., so called, to his heirs and assigns forever, the said one third part to be supported as to taxes and expenses by my Executor hereafter named, till my said son Thomas shall arrive to the age of 21 yrs., also I do give to my son Thomas, the holland shirt heretofore described in this will and also my silver knee buckles and forty silver dollars to be paid to him by my Executors hereafter named, when he shall arrive to the age of 21 yrs. which land, shirt, buckles and money when paid is in full of his share in my estate.
Item. I give to my well beloved daughter Amy Palmer, three pounds law- ful money to be paid to her by my Executor hereafter named, within twelve months after my decease, which money when paid, with what she hath already had is her full share in my estate.
Item. I give to my well beloved daughter Susannah Smith, thirty pounds lawful money to be paid her by my Executor hereafter named, when she shall arrive to the age of twenty yrs., also I do give to my said daughter, Susan- nah one third part of my household stuff, which said money and household stuff when recd. is her full share in my estate.
Item. I give to my beloved daughter Zipporah Smith, thirty pounds lawful money, to be paid her by Executor hereafter named, when she shall arrive to the age of twenty yrs. also I do give to my sd. daughter Zipporah one third part of my household stuff which money and household stuff when recd. is her full share in my estate.
Item. I do give to my well beloved daughter Polly Smith, thirty pounds lawful money to be paid her by my Executor hereafter named, when she shall arrive to the age of eighteen years, and also I do give to my sd. dau. Polly, the other third part of my household stuff, which sd. money and household stuff when recd. is in full for her share in my estate.
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