USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 43
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+Autograph.
413
RECORDS AND FILES
1662]
Job Tyler v. John Godfery. Nonsuited.
Job Tyler v. John Godfery. Nonsuited.
The court granted administration of the estate of Isaak Wakly, deceased, to Thomas Very, the inventory of this estate having been brought into the last Ipswich court, and he was to dispose of the estate for the discharging of all just debts.
John Tarbox and Allen Bread were sworn constables of Lynn for the ensuing year.
William Bennett was sworn constable of Manchester for the ensuing year.
Mathew Farrington was sworn clerk of the train band for Linn.
Mr. Frances Johnson had his license renewed for selling strong water at retail out of doors, provided he be governed by the re- strictions made by the last Ipswich court in such cases.
Mr. John Gifford's petition was referred to the General Court .*
William Edmonds had his license renewed for keeping an ordinary.
John Selare was licensed to sell strong water in his house until he sold what he had on hand, provided he buy no more.
Jonas Moore acknowledged judgment to Mr. Peeter Duncan.
Joshua Ray was appointed administrator of the estate of Dan- yell Ray, deceased, who died intestate, but his mind being under- stood and his children agreeing thereto, they drew up a writing about the division of part of the estate, as land, etc., leaving the other part to the court's ordering. The court approved the writ- ing,t and concerning the other part of the estate, Joshua Ray, son of the deceased, was to have 25li. and Capt. Tho. Lothrop, said Daniel's son-in-law, was to have all the rest of the estate, provided he keep and maintain his mother, the widow, during her life.
*John Gifford's petition : That in the year 1658, there was a verdict of 500li. returned for him in Salem court, in a suit against Mr. Henry Webb of Boston, to which the magistrates did not assent, and it was carried to the General Court; that said Gifford was called to England, and although he had entreated Maj. Haw- thorn to appear for him at the General Court, nothing had been done; said petitioner asked that he be granted execution against said Webb's estate, or in some other way be given his just due.
tThe following paper was proved as the will of Daniel Rea of Salem, 24: 4: 1662 : " Whereas there hath been a Will begun to
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SALEM QUARTERLY COURT
[June
John Steevens, dying intestate, his widow, Eliza Steevens, was
be made by Daniell Rea of Salem, lately deceased, but he not being able to finish it, whereby great inconvenience is like to arise to his Children, if it be left as it is, Wee therefore whose names are vnderwritten, takeing it into our Consideration, haue made this our Joynt Conclusion & Agreement (if the Honored Court | now Assembled | please to Accept of, & Confirme the same) in Manner as followeth. First, that his sonne Joshua Rea shall have ye Improvement of the whole farme, where he lives, & when his sonne Daniel is growne vp to ye Age of Twenty one yeares, he shall have halfe ye farme, & his father to have ye other halfe, dureing ye terme of his owne life, & also of his wives widdowhood, in Case she should outlive him, & then that halfe also to be his sonne Daniels, & so ye said Daniel then to haue ye whole farme, which is ye proper Will of ye Testator.
Secondly, that ye said Joshua Rea shall haue the vse & improve- ment of the seventeene Acres of land, lying on Salem North River, vntill his two daughters, Rebecca & Sarah, exprest in ye will, shall attaine to ye age of sixteene yeares, & then they to haue ye land with ye improvement of ye same equally divided betwixt them. Thirdly that ye said Joshua Rea, shall have also the one Acre & halfe on the South Rivers side in Salem, as his proper right, to dispose of as he shall see cause. Fourthly, that his sonne Thomas Lothrop, & his wife, shall haue the Farme, Comonly Called Cap- taine Damports farme, as their proper right, to dispose of, as they please, provided that the five pound, paid already by me to Capt. Damport, in a Cowe, be allowed me out of ye other estate.
Fifthly that our Mother shall have ye Thirds, of all of this Es- tate, dureing her life. Lastly, for the rest of ye Estate, we leave it to the wisedome of the Honoured Court, to dispose of the same, as they shall thinke best, according to lawe. This aboue writing or agreement is by the Court alowed of & is to be as the Courts determination & ordering of the estate of Danyell Ray deceased being consented || there | to by ye children of ye deceased in Court at Salem 26: 4mº 1662 atteste, Hillyard Verin Cleric :"
Inventory of the estate of Daniell Ray, appraised by John Por- ter* and Jacob Barney,* and proved, 26: 4: 1662: His apparell, 7li. 11s. 10d .; a feather bed, 2 bolsters and 3 pillowes, 4li .; 2 Coverletts, 1li. ; 2 blanketts, 1li. 10s. ; 2 pillow beares, five sheets, 1li. 10s. ; a kettle with other small things, 2li .; 2 dishes and a pinte pot, 8s. ; 2 Iron skilletts and a frying pan, 12s .; a paire of pot hangings & a paire of Tongs, 10s. ; a paire of fetters, an axe, & a hatchet, with other things, 12s. 6d. ; a pecke, 3 traies & a platter, 4s. ; a paire of traisses & a halter, 2s .; a winowing sheet & 4 sackes, 10s. ; 6li. of wooll, 6s .; a saddle & pillion, 1li. ; a chest & a bedsted, 18s. ; a Chaire & 2 Joynt stooles, 4s .; a paile with 2
*Autograph.
415
RECORDS AND FILES
1662]
appointed administratrix of the estate. An inventory* amounting to 463li., 4s., was also allowed. Court ordered that John Steevens, son of the deceased, should have 74li. paid at demand, and Timothy, Nathan, Ephraim, Joseph, Benjamin and Mary, the other children, should have 37li. each paid at age or time of marriage, and the re- mainder of the estate to be at the disposal of the widow.
Mr. Riddan had his license renewed for selling strong water, provided he be governed by the restrictions made at the last Ipswich court in such cases.
stooles, with other things, 2s. ; 3 yards & a halfe of Cloth, 1li. 15s. ; a mare & a Colt, 14li .; a Cow & a Calfe, 5li. 16s .; 6 sheepe, 2li. 8s .; 17 acres of land in the north field, 25li. ; an acre & a halfe of salt marsh upon the South river, 5li .; a farme of 160 acres of up- land & 10 acres of meadow, 150li. ; debts due to the deceased, 14li. ; total, 239li. 19s. 4d.
*Inventory of the estate of John Steevens of Andover, taken, Apr. 28, 1662, by Nicholas Noyes, George Abboott, sr.,; Richard Barkert and Nathan Parker : His wearing Apparrell, 10li .; In the hall, two beds with there furniture, 15li .; One Chest & foure boxes, 1li .; Eight payre of sheets, foure Bolster cases and three payre of Pillow beeres, 7li. 10s .; Three table cloaths, one dozen of Napkins, with other sleight things, 2li. 5s .; in ye kitchin, one Brasse Pott, foure small Kettles, one Skillett, a Scummer & Warm- ing pan, 2li .; one Iron Pott, an iron posnett, two payre of pott- hookes, two trammells, a spitt, a payre of tonges & firepan, a payre of cob irons with a smoothing iron & a trivett, 1li. 10s .; six peuter platters, two basens, two porrengers, foure drinken cupps, a salt sellar, a chamber pott, a dozen & halfe of spoones and a latten pan, 2li. 5s .; A tableboard & forme, foure chayres, two cushens, two dozen of trenchers and halfe a dozen of dishes, 14s .; a mus- kett, corslett & headpeece, a sword & cutlass & holbert, 2li. 5s .; bible, with other books, 1li .; In the Leanetoo, Barrells, wheeles, treyes, with other lumber, 2li .; In the chamber, Bedding, 5li .; wheate, twenty Bushells, Indian corne, ten Bushells, 6li. 10s .; A bridle & sadle & pannell, 1li .; two flitches of Bacon, 2li .; Baggs, 1li .; Flax & yarne, 5li .; Old tubbs & other lumber, 10s .; Sawes, axes, pronges, with other working tooles, 3li .; Eight oxen, 51li. ; Six cowes, 24li .; a heifer & two yearlings, 6li .; three calves, 1li. ; swine, 12li .; A colt and an Asse, 4li .; horse, 10li .; three sheep, 1li .; one stocke of bees, 10s .; Carts, sleads, yoakes, chaines, plowes & plow irons, ropes and tackling to it, 6li. 2s .; house, barnes, upland & meadow and corne upon ye ground, 200li. ; debts, 2li. The sequell of this inventory was given by the deceased to his eldest sonn John Steevens: A house, orchard and land, 50li .;
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SALEM QUARTERLY COURT
[June
Mr. Gedney had his license renewed for selling strong water, with restrictions, so far as it concerned ordinary keepers.
Tho. Johnson was fined and bound to good behavior for misde- meanors and breach of the peace. John Johnson, surety .*
one cow, two steers of two yeare old & a yearling, two swine and two sheepe, 15li .; All ye rights & privilidges that is to be granted by ye towne by virtue of twenty-five Acres of ground granted to mee, John Steevens ; three acres of home meadow, 9li. "These testyfye yt I John Steevens doe accept of the above specifyed es- tate appointed mee of my father before his death in full satisfac- tion for my portion amounts to seaventy foure pound provided the honoured Court at Psalem shall see good to confirme it Wittnesse my hand John Steevens.t Total, 463li. 4s. Elizabeth Steevens, widow, made oath in court before Hillyard Veren, t cleric.
*Summons, dated June 20, 1662, to Nicolas Rice, as a witness, signed by Daniel Denison.t
Christopher Ossgood'st complaint against Thomas Johnsun, car- penter, of Andover, " for abusing of my self and my mother in our own ground thus unjustly molesting of me at my work : The beginning of ye breach at yt that time was This I Christopher ossgood was at work in our own ground a weeding of our corn and Thomas Johnson ceam with violenc and ceacht the how and puld it out of my hands and Sayd young man what doe you doe with my how at which I replied and layd hold of it again : and tould him that the how was not his I said yt it was Sargent chandlars and I said That I would cary it home at night and if it was his how then he might have it: farther I tould him that if he would not molest me but let me weed out That Row to the end that I was about he should heve the how : Then Thomas Johnsun again Re- plied and tould me That I should not weed one hill more : Then I mead answer That he should not heve The how till sundown if he were so stout : at which Thomas Johnsun presantly layd hands on me and began to tear my shirt at which I mead answer that he had best for to tear my Shirt as he did the last week. where- upon Thomas Johnsun protested that he would tear it of from my back, and presently he layd hands on my Shirt and Rent it in Severell pleaces till he had torn it so much yt it would hardly hang upon my back till I got into the hous : as soone as he had thus dun he threw me down upon my back : and Thomas Johnsun got upon me and with his hand he pincht my throat and set his kne upon my belly Just below my chest : and there he did punch me as if he would beat The Breath out of my body at which goodinan Rice ceam to us and said Thomas Johnsun I will not se Cristopher Ronged by you if I can help it : at which I entreated him to let Christopher Rise again : and at his words he did let him Rise : and
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417
RECORDS AND FILES
1662]
John Godfery was allowed costs in an action brought by Job Tyler, the latter not appearing to prosecute .*
Captayne Gerrish was confirmed captain of the Ipswich troop, having been chosen by the troop, and the court left it to him whether he would accept it or not.
Mr. Jonathan Wade was confirmed cornet of the Ipswich troop, having been chosen by the troop.
Mr. Tho. Andrewes was appointed administrator of the estate of John Andrews, deceased. An inventoryt was also allowed, ex-
when I was up I layd hould on ye how again and Then Thomas Johnson thinkeng privetly to doe me a mischief he ceacht hould on my rist and began to pinch me and to twist my rist round : whereupon I was forced to slack my hould or els he might heve spoyled me : farther he kickt me one or twice yet I was still for- ward to doe my work : and I did severell times pull the how out of Thomas Johnsun's hands, and as soone as I began to worke I was still molested by him and he would not sufer me to doe anything and both my mother and myself did forwarn him of our ground and bid him be gone out of our ground yet he refused to goe out of our ground but did question my mother whether it was her ground or no and he said that he would not goe out of ye ground for he said that he was about his buisines when he was often warned to be goone my mother said that she would meak him to answer for what he had dun : where upon he bade my mother hould her toung for he said that she was a preting oald foole : and then my mother tould him that thus was a curs pronounct against him for Ronging of ye widdow and ye fatherles and that god would plead tharr caus : at which Thomas Johnsun Replied and yt in a scofing and in a jering way and sayd : aye : doe : doe : trust to him Trust to him he will help you no questean. farther The said Thomas hath given out to me many thretning speeches : he vowed yt he would be The death of me thon he were hanged for it : and he Said yt he would be even wt me sometime or other ; he sayd yt he would deall well anouf with me by these and other thretnings I doe goe in feare of my life." Sworn in court.
*John Godfrye's bill of charges, 2li. 12s.
+Inventory of the estate of Corpll. John Andrews, deceased, taken, May 23, 1662, by John Dowlettell,# John Hathornet and Andrew Mansfeild :{ One dwelling house, 150li .; tow barnes, 90li. ; a bake house, 2li. 10s .; an orchard, 100li .; an hundred acres of upland and medow belonging to the farme, 590li .; one horse, 12li. ; tow Cowes & tow caulfes, 12li. ; one three yeare ould steere, 5li .; six sheepe & three lambs, 5li. 5s .; to forty acres of corne upon the ground, 40li .; one grinstone, 16s. ; a tumbrill & a
#Autograph.
418
SALEM QUARTERLY COURT
[June
cepting the farm and the crop upon the ground, which latter were referred to the next Ipswich court, partly because the farm was mortgaged and partly because of the failure of the crop by reason of the drought, and he was to provide for the widow and children until the court take further order.
paire of Iron bound wheeles, 4li. ; a ladder, 10s .; five swine, 6li. 5s. ; tow stocks of bees & tow swarmes, 2li. 10s .; an Iron furnis, 3li .; an Iron trumill, 7s .; tow horse collers & trases, &c., 12s .; - five axes & a mathooke, 1li. 1s .; tow howes & a spad, an ads & a frow, 13s .; tow plowes with irons & a colter & sheare, 1li. 14s .; three chaines, yoaks, chaine & bolts, 1li. 11s. 6d .; a stone cart & sleid & a ould cart body & a dubble brake, 1li. 15s .; three forks & a paire of fetters, 9s. In the kichin : Tenn ould pueter platters, quart potts & other ould pewter, 3li. 4s. ; half a dussen of ould spoones, tow old brass kittles & ould pott and a warmeing pan & a candle stick, 2li. 7s. 6d. ; Iron potts, one Iron kitle, one Iron skil- lett & other ould things, 1li. 15s .; severall ould wooden things, 8s .; severall augers, chissells & other ould Iron things, 2li. 5s .; tow cross cut sawes, a paire of andirones & paire of tongs & slice, 1li. 9s. 6d .; tow tramills, a gridiron, a spitt, a smoothing iron & a paire of sheirs, 15s. ; tow muscutts, a fouling peece & 2 paire of skeals & waites, 3li. 14s. 6d .; a pike, tow chairs, & tow ould tubbs & 3 dussen of trenchers, 15s. ; a wollen wheele, 2 cans, glases & gally potts, 8s .; a sadle, bridle, pistolls, holsters, belt & Cutlis & pillion, 5li. 5s. In the Parlor : Tow bedsteds, one fether bed, bolster, 2 pillows, a rug & curtaines, 6li. 10s .; a trunke, 2 boxes, 2 chairs, one cubburd & cloath, 2li. 2s .; table, 5 cushiins & 5 chanye dishes, 1li .; his wearing apparill, 5li. 10s. In the chamber over the chichin : 5 paire of sheets, 2 table cloaths, 12 napkins, 4 pil- low beers & a chest, 6li. 7s. ; a bedsted, 2 flock beds, three pillos, one rug, one blankett, 3li. 10s. ; one table, tow wheels & other ould lumber, 1li. In the garret : Tow Cosletts & other ould lumber, 2li. ; on flock bed, bolster & 2 coverlids, 16s .; a gun, 5s .; in the seller, 2 barrills, 10s. ; beetle & wedges, 5s .; total, 1083li. 19s. 6d., To halfe a barn at Ipswich, Gli .; bed, 4li. 15s .; 6 pewter dishes, 1li. 5s. 6d. ; flax, 4li. ; debts recoverable, 16li. 18s. 10d. Estate is debtor : To funeral charges, 2li .; houshold expences, 2li. 11s .; to ye honoured Mr. Simon Bradstreet, about 400li. ; other debt de- manders, 314li. ; to an assurance, 40li. Sworn by Mr. Thomas Andrewes in Salem court.
The Cattle and moveables conteined in ye Inventory of ye Estate of Corporal John Andreus, which was presented to ye County Court held at Salem 26: 4: 1662, 127li. 9s. 6d .; debts due to de- ceased, 40li. 11s. ; the Corne upon ye farme and other pduce, 30li. 19s. ; total, 198li. 19s. 6d. Out of which is to be deducted : Fu- neral Charges and expences before Salem court, 4li. 17s. 6d .; fam-
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RECORDS AND FILES
1662]
Thomas Marshall had his former license renewed for the year ensuing.
Job Hilliard was allowed 3s. for two days' attendance at court, being attached to answer Ed. Wooland in an action which he did not prosecute.
There being some estate of John Pomery, late deceased, in the hands of the widow Browne of Gloster, the marshal of this court was ordered to dispose of it according to the court's order.
Mr. Peeter Duncan was licensed to sell strong water, according to the restrictions of the last Ipswich court, and he was cautioned that if he sold wine, he was to carefully avoid breach of the law upon his peril.
Joseph Daliver was complained of for suspicion of killing a horse or horses with his gun, and, by a special warrant, appeared before the court. Several witnesses gave in their evidence. Frances Linsford testified that he met said Daliver with a gun, and about half an hour after he heard a gun go off near where a horse was later found killed. Richd. Rowland testified that he accused said Daliver of killing his horse, and he answered that he did not care if they were all killed, and that it was no hanging matter to kill a horse. Tho. Todd testified that he met Daliver coming home with a gun the morning that the horse was killed. Court ordered that Daliver be committed to prison until the next Ipswich court, or else give bond to the value of 60li. for his appearance. Mr. George Corwin, surety .*
ily expences since, 15li. 16s. 11d .; Charges about ye Corne, 6li. ; ye administrators own labor, time, charges, &c., 10li. Debts de- manded and presented to Salem court and since examined, as op- portunity would serve, 312li. 14s. 9d. The foregoing account was presented to court at Ipswich in Sept. last, and then omitted to be left on file. The court sitting in Salem, 2: 5: 1663, ordered it to be safely kept in the court records.
*Summons, dated June 28, 1662, to Francis Linsford, Thomas Dodd and Richard Rowland, witnesses, signed by Francis John- son, t for the court.
Bond of George Corwin.t
Warrant, to the constable of Marblehead, dated 24: 4: 1662, for Joseph Dalliber to appear before a magistrate for examination in the matter of the two or three horses which were lately found dead upon the commons of Marblehead, with small shot in the bowels of one of them, signed by Ri. Bellingham,t Dept. Govr.
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SALEM QUARTERLY COURT
[June
Lott Connant and Rich. Rowland were bound to prosecute a com- plaint against Joseph Daliver at the next Ipswich court.
Sara Joanes was ordered to be severely whipped for unclean- ness .*
Mr. Henry Bartholomew was licensed to sell strong water at re- tail, with restrictions made at the last Ipswich court.
The bond of John Carr and Mr. Crosby, for said Carr's good be- havior, was continued, and the former bond was declared forfeited. He was ordered to be severely whipped for stealing, etc., and sev- eral witnesses were to be paid out of the bond forfeited, to Samll. Archerd, jr., 6s., John Godfery, 6s., Tho. Chandler, 6s., wife of Tho. Johnson, 8s., and to pay the Indian 10s. for his trap lines, the constable for whipping, 5s., and for a man to keep him, 12d.t
*John Feillbroocke deposed that he was at John Sanburne's wed- ding, it being a very wet time, and he went out of doors and saw Francis Swayne and Goodwife Joanes go into a little house that stood alone from the other house, where there was no light. Copy made by Humphery Humber.#
+Summons, dated June 18, 1662, to the wife of John Ossgood and the wife of Thomas Johnson, as witnesses, signed by Robert Lord,¿ for the court, and served by Thomas Chandler,# constable of Andover.
John Ossgood# wrote to the court that his wife, being summoned as a witness, could not appear on account of her having a young child to care for and not being able to make the journey. All she could testify was that it was her husband's handkerchief that was found at Tho. Johnson's.
Mary Johnson deposed that the handkerchief that Steeven Osgood owned to be his, John Carr brought to her to wash for him with the rest of his handkerchiefs. Sworn, June 27, 1662, before Daniel Denison.#
Hana Archard, aged twenty years, deposed that " about June last John Carr comeing to my house & lying there, there being a butten handkercheef of my husbands, lying by ye sayd John Carr in ye su- could not be found afterwards, about three months after going with my husband to Andever & being at my Brother Ingols his house, ye Said John Carr comes in to the house, with the handekercheef about his neck to the best of my app hentions, be- ing very well to be known at som distance, yt sort of buttons being soe different from almost any other yt euer I saw : & as ye sª Carr came in & seeing of my husband & my selfe there, Imeadiatly turned his body a little about & with his hand opened ye coller of his doblett & thrust the buttens of ye handkercheef within his dob-
¿Autograph.
421
RECORDS AND FILES
1662]
Court appointed Mr. George Corwin to be in chief command of the troop at Salem, and for what further inay be desired, this court, being not in capacity, referred it to the General Court.
Returns of the juries of inquest upon the death of John Balch,* on Mr. Samll. Beadle's child and on Mr. Henry Bartholmew's negrot were received.
Mary, widow of John Balch, late deceased, was appointed ad- ministratrix of his estate, and an inventory,# amounting to 159li.
lett, afterwards I asked of him to see the handkercheef & said it was one I lost when he was at my house - & denied & sayd it was not & refused to lett me see - & prsently turned about & went awaie." Sworn in Ipswich court by Samuell Archard, jr., Apr. 17, 1662, before Robert Lord,§ cleric. Sworn in Salem court by Hana Archard, 26 : 4 : 1662, before Hilliard Veren, § cleric.
Copy of Ipswich court record of Mar. 25 and Apr. 17, 1662, made by Robert Lord, § cleric.
*Henry Bartholmew,§ Jefferie Massey,§ Richard Prince, § Hill- yard Veren,§ Thomas Cromwell,§ Isack Willyams, § Zabulon Hill, § William Curtis, § John Hill, § John Knight,§ Samuell Archers and Thomas Robins,§ a jury of inquest warned by the constable of Salem, reported, 16 : 11: 1661, that " sd Balch beinge constrayned to leaue the Canow in which he was bound over the riuer at Salem ferrie, by reason of the violence of the winde and waue and indeau- oringe to returne againe to the shore died by the extremitie of the cold with the violence of the winde and rage of the sea and soe perished in the water." Sworn, 16 : 11 : 1661, before Edm. Bat- ter, § commissioner and cleric.
¡John Browne,§ Richard Prince, § Walter Price,§ John Ged- ney, § Danil Rumbel, § John Gardner,§ William Woodcocke, § Nicolas Potter, § Thomas [Cromwell? ],§ Joseph Gardner,§ Robert Grays and Hilliard Veren, § a jury of inquest appointed upon the death of one John, a negro of Mr. Henry Bartholomew, reported, 23: 10: 1661, that they had " viewed the place wheare the neagroe was found lying & a gun lying by him, & heard the relation of seuerall wittnesses, that were called, before he was quite dead, & veiwing his body & finding where the shot went in to his body being about or Just beneath his short ribs one his leaft side, & came ptly through about his shoulder blad behind, and being all agreed in our appThentions, doe Judg according to our best apprhention, that he did willingly contrive & was ye only acter in his owne death by shooting of ye sayd Gun into his own body." Sworn, 23: 10: 1661, before Wm. Hathorne.§
#Inventory of the estate of John Balch of Salem, deceased, taken, 19: 1 : 1662, by Roger Conants and Samuell Corning:§ His
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SALEM QUARTERLY COURT
[June
17s., was allowed. The whole estate was to be divided between the widow Mary and the child Mary, and was to remain in the hands of the widow until the child became of age or married.
Mr. Wm. Browne v. Capt. Tho. Marshall. Debt. Withdrawn .*
Henry Cooke, dying intestate, Judeth, his wife, and Isaack, his eldest son, were appointed administrators, and an inventoryt was allowed. It was ordered that the whole estate remain in the hands of the widow until the children become of age, except that Isaack was to have 5li. in hand, and, after his mother's decease, to have the house and land adjoining valued in the inventory at 60li. The other children were to have 10li. each at age or time of marriage. " Ye ordering of this estate is null and refers to what ye court have further ordered as apeers in ye records of ye second session of this court."
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