Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5, Part 10

Author: Essex County (Mass.). Quarterly Courts; Essex Institute; Dow, George Francis, 1868-1936
Publication date: 1916
Publisher: Salem, Mass. : Essex Institute
Number of Pages: 520


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 10


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Mr. Henry Roads was allowed costs in an action brought by Joseph Armitage and not prosecuted.


Capt. Tho. Savage was allowed costs in an action brought by Joseph Armitage and not prosecuted.


Andrew Peeters had his license renewed for a year to sell liquors by the quart out of doors, but to have none drunk in his house.


Upon the petition of the selectmen of Lyn about the bridge, court appointed Maj. Wm. Hathorne and Mr. Henry Barthol- mew to view the same, and upon reporting what needs to be done, they to have it done and the county to pay the charge.


Samuell Jacob dying intestate, court granted administration upon the estate to Ann, the relict, who brought in an inventory amounting to 300li. clear estate. There was one child, who was to have 100li. when of age, and the widow was to enjoy the rest of the estate, but if she married, she was to provide security for the child's portion.


John Sorlah dying intestate, court granted administration upon the estate to Elizabeth, the relict. An inventory of 500li. clear estate being presented, court ordered to the widow, 165li., and two of the daughters having received their portions, as appeared by an acquittance, and seven children yet remaining, court ordered to the eldest son John a double portion, 84li., and to rest of the six 42li. each, namely, Sarah, Hanah, Martha, Joseph, Abigaill and Bethia, as they come of age. Upon con- dition that said John wait for his portion until his mother's death, he was to have his portion out of the homestead, and if


Esay (also Isaiah) Odiorne,* of the Isles of Sholes to Thomas Bishop of Ipswich, for 20li. 13s. 3d., to be paid in cod fish fit to be shipped aboard at the next weighing season in June. Wit: Samuell Bishop* and Joseph Lee .* "It, for Carriing downe ye provissions, 4sh." Margaret Bishop,* Dec. 17, 1671, assigned this bond to John Leigh. Wit: Thomas Bishop* and Nathaniel B[ishop?] .*


Letter of attorney, dated June 25, 1672, from John Leigh* of Ipswich, to his brother Joseph Leigh. Wit: James (his mark) Sawyer and Nathaniell Browne .* Joseph Leigh testified upon oath in court that he demanded it.


* Autograph.


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[Sept.


he had occasion to build he was to have one acre of land next the highway about the place where Spaldens house stood, he fencing it; he was to have all the land for his whole portion as it was appraised in the inventory and the rest of the land to be securi- ty for the payment of the other children's portions.


Philip Stainewood dying intestate, court granted administra- tion of the estate to Jane, the relict, and an inventory amount- ing to 87li. being brought in, court ordered the estate to remain in her hand while she remains a widow. She was not to dispose of any of the land and if she married, she was to acquaint the court that further action might be taken.


Mr. Anthony Crosbie acknowledged judgment to Mr. John Hathorne.


Mr. Jo. Giffard was allowed costs in an action brought by Mr. Timothy Mather and not prosecuted.


Thomas Whitridge dying intestate, court granted adminis- tration upon the estate to Robert Morgan and Richard Norman, who were ordered to bring in an inventory.


Mr. John Brock, John Waldren and Christopher Lattimore were admonished upon their presentment .*


*Summons, dated 17 : 5 : 1672, to John Waldron, constable of Marblehead, for the appearance on 17 : 5 : 1672, at Mr. Ged- ney's, of Mr. Latemore, "for entertayning Mr Brock ouerlong, & not clearing your house, & ye sd Brock for Long staying there, & for not departing being Comanded by ye Constable, & for drinking to much," and to summon Nicholas Willes and John Stacy, as witnesses, signed by Wm. Hathorne,f assistant.


John Waldron, constable of Marblehead, deposed that he had often been at the house of Christopher Latemor both on Saturday and Lord's day nights and had found them drinking and sometime fighting at unseasonable times. He never knew said Latemore to clear his house but suffered men to drink as long as they pleased. Further Latemore told him "yt ye Con- stables were fooles to send ye watch to cleare any publique house for It is more then they could or should doe." Sworn before Wm. Hathorne, f assistant.


John Waldron testified that the day John Brock made his complaint that he was drunk, that he was during the first part of the day about the town's fish, gathering it from stage to stage, and in the latter part he went to warn John Brock and his son to watch. He refused to watch and said deponent was a pitiful


¡ Autograph.


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constable to warn him, and his reason was because two or three of his men had watched before. Deponent asked him whether he would pay his town rate and he replied that he would not pay it to deponent. Sworn, before Wm. Hathorne,* assist- ant.


John Waldron deposed that when he found John Brock, sr., drunk at Latemor's, he desired him to go home but with scoffing language at authority, went into the house. Then deponent went home to give the watch charge, "& presently after he came hombe ye watch came & did aske of him furder orders & hee answered yt hee must watch wth them ve first part of ye night himselfe & hereupon hee tooke his stafe & went wth them & when he came to Mr Latemors house hee found Jon Brock there againe & he said to him I see Mr Brock yt you take no notice yt I had forewarned you & Comanded you to depart aboute one hower or two sence: hee made litle answer butt said hee would first take his super & went in againe Soe Christopher Latemore came to mee: saying Jon Waldron I am sorry for ye for this shall bee ye dearest peace of worke yt euer thou wentest aboute sence thy mother bound thy head I told him yt It was high tyme for him to cleare his house. Butt Mr Latemore made answer againe yt hee would not Butt he would keepe them there as long as hee pleased: wth seuerall opprobrious speaches as in reference to ye deriding my authority." Sworn before Wm. Hathorne,* assistant.


Nicolas Willis, aged about twenty-four years, and John Stacy, aged about twenty-three years, deposed that being warned by the constable to watch, they went up to receive their charge. The constable told them about Mr. Brock and said that he thought he would better watch with them the first part of the night; then his wife and he had some words. Upon asking him for their charge, he told them to go home and go to sleep, where- upon they bade him good night and went out of doors. "We asked him if he would leaue us harmeles if we did not watch, he bid us stay and he would goe a little way with us (when we were out of doores) Then he brought out his blacke staffe with him & went downe to m' Latimers, giueing us or charge as we went. when we Came there we saw Mr Brocke there but we did not aprhend him to be in drinke nor neuer saw him in drinke in our liues. The Constable seeing him there told him he should goe to the stockes or else putt in security, mr Brocke replied hee would eat his supper first, but we saw no disturbance nor dis- order in mr Latimer's house, only there were some strangers there going to sea, as Mr More of Bristoll & his Company but they were very Ciuill. Then the Constable came in to Mr Lati- mer, & asked him if it were not time to Cleare his house. Mr Latimer demanded of him wt aclocke it was, he said it was about


* Autograph.


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[Sept.


9. mr Lat. said I am sorry for thee John Waldron, who replied, Christopher Latimer be not sorry for me, be sorry for thyselfe, then we went away." Sworn before Wm. Hathorn,* assistant.


James Dennes, aged about thirty years, deposed that he, Nathaniel Walton, Josiah Walton and Thomas Eles having some business with Mr. John Brock, found him in Mr. Latemore's porch with three strange men. He told them that as soon as he had finished his business with the gentlemen, he would go to them, so they went up into the chamber. Hearing a noise they went down and heard the constable ordering Brock to the stocks, and he commanded deponent to aid him, etc. Sworn before Wm. Hathorne,* assistant.


Robart Hooper, aged about sixty years, deposed that he heard John Waldron ask Mr. Brock for his pay and the latter said he would pay him as soon as he had his account. Waldron replied that he would break his bones, etc. Deponent apprehended that the constable was disguised with drink. Sworn, before Wm. Hathorne,* assistant.


Thomas Elles, aged about forty years, deposed. Sworn before Wm. Hathorne,* assistant.


John Sealy and Showball Walker deposed. Sworn, 19 : 5 : 1672, before Wm. Hathorne,* assistant.


Mr. Benjeman Bengrian, aged about twenty-five years, de- posed. Sworn before Wm. Hathorne,* assistant.


Richard Huneywell of Black Point deposed that being at Marblehead at a stage, weighing fish, there was one Mr. John Brock, sr., weigher of fish for some Jersey men. The constable called him "Jearse cheater," and other vile names, and Mr. Brock told him to go out of his stage and about his business, etc. Sworn before Wm. Hathorne,* assistant.


Daniell Ela deposed. Sworn before Wm. Hathorne,* assistant.


Nathanell Walton, aged about thirty-five years, deposed that Mr. Brock was not drunk. Sworn before Wm. Hathorne .*


Mr. John Pipone, aged about twenty-one years, deposed that he was with Mr. Brock at Richard Read's stage when the con- stable came and told Mr. Brock he must watch. Mr. Brock replied that his men had watched the last two nights, but the constable said he himself and his son must watch, and Brock said no, that his men would watch for him, whereupon Waldron called him knave, cheater and French dog. The constable reeled and was hardly able to stand. Nicklas Besgue testified to the same. Sworn before Wm. Hathorne,* assistant.


Richard Read, aged about forty years, deposed. Sworn before Wm. Hathorne,* assistant.


John Beacker, aged about thirty years, deposed. Sworn before Wm. Hathorne,* assistant.


* Autograph.


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Samuell Watts was fined upon his presentment, and was or- dered to pay 10s. to Abraham Graves.


Daniell Buttler, upon his presentment, was enjoined by the court to repair to his wife.


Anthony Ashbie, summoned by Nath. Puttman, and not prosecuting, was allowed costs.


John Kent, attaching Tho. Dixie, and not prosecuting, de- fendant was allowed costs.


There was a complaint against Josiah Lynden and his wife for fornication before marriage.


Frances Cole was ordered, upon her presentment, to be whipped and pay fees.


Elizabeth Stanley, upon her presentment for fornication, was sentenced to be whipped or pay 3li. in silver.


Marke Quilter was admonished, upon his presentment.


Administration was granted unto Jonathan Hart of what estate was his father John Hart's, and of which he died pos- sessed and of which Thomas Whitridge was never legally possessed.


Cornelious Kent dying intestate, court granted administra- tion of the estate to Francis Wainwright and Samuell Yonglove, who was to pay debts according to the inventory.


John Sparkes had his license renewed for a year.


Quartermaster Perkins had his license renewed for a year, also his license to draw liquors.


Jonathan Moore, being employed by the court to seek John Hobbs, was allowed 4s.


Daniell Clarke was released from training, paying 5s. a year to the use of the company.


Thomas Smith was released henceforth from training, without pay.


John Browne, sr., was released from training, paying 5s. a year to the use of the company.


Given to the house, 6s. 8d.


Richard Currier acknowledged judgment to Samuell Lord, Sept. 30, 1672, before Mr. Samuell Symonds and Major Genrll. Daniell Denison.


Copy of will of Margrett Lake of Ipswich "in americka in the shire of Essex," widow, dated Aug. 30, 1672, and allowed upon


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[Sept.


oath of the witnesses, Thomas Knowlton, sr., and James Chute, in Ipswich court: To daughter Hanah Gallop and her children all her land at New London, her best gown, red cloth petticoat and enamelled ring, and after her daughter's decease, her grand- daughter Hanah Gallop to have the said ring; to granddaughter Hanah Gallop, a pair of sheets and one of her best pewter platters; to daughter Martha Harris her tapestry coverlet and wearing apparel, and her mantle, the tapestry to go to her grandson Thomas Harris after her daughter's Martha's decease, and he dying without issue to his brother John; to daughter Martha, her gold ring, and after Martha's decease to the testator's grand- daughter Martha Harris, and bedding; to granddaughter Eliza- beth Harris, one heifer at cousin Eppes; to granddaughter Mar- grett Harris, her carved box and table linen; her household stuff to be divided among her daughter Harris' children; to son Thomas Harris, all the rest of her estate, her part of the vessel, her bible excepted, which she gave to her grandson John Harris, also a pair of fringed gloves; son Thomas Harris and daughter Martha Harris, executors. [Original on file in the Registry of Probate.]


Inventory of the estate of Mrs. Margaret Lake of Ipswich, taken, Dec. 24, 1672, by John Dane, Thomas Knowlton and John Lighton, and allowed in Ipswich court: land, household furnishings, wearing apparel, baking pan, ewer, pastie plate, three carved boxes, bedding, her wedding shift, samplars, debts due Mathew Perry, William Quarles, Mr. Eppes, Joseph Lee; total, 142li. 7s .; debts owing to Merchant Wainwright and Dea- con Goodhue. [Original on file in the Registry of Probate.]


Inventory of the estate of John Soolart, made 7 :6 : 1672, by Nathaniel Putman and Thomas Fiske, and allowed in Ipswich court, upon oath of Elizabeth, the widow, who was administra- trix: houses and land, land joining Richard Kimball's, land at Lord's hill, at Thorndick meadow, at the neck, land bought of Jno. Batchiler, domestic animals, apples, tools, household uten- sils, etc .; total, 581li. 13s. Debts from the estate, to Mr. Browne of Salem, Steephen Haskett, John Batchiler and Joseph Lovet. [Original on file in the Registry of Probate.]


Inventory of the estate of Phillip Stainewood, sr., taken at Gloster, 8 : 6 : 1672, by Steeven Glover, James Davis and Thomas Riggs, and allowed in Ipswich court upon oath of An


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Stainewood: House and land, domestic animals, musket and sword, etc .; total 87li. [Original on file in the Registry of Pro- bate.]


Inventory of the estate of Cornelious Kent, taken by Nathani- ell Browne and William Dirky: Domestic animals, tools, house- hold utensils, wearing apparel, of himself and wife, due from Shore Willson, musket, etc .; total, 45li. 3s. 6d. Debts due to Samuell Younglove, Deacon Goodhue, Goodman Selair, Dorcas Pittis, Deacon Knowlton, Goodmen Archer, Rosse, Danford, Pod, Ring, Chote, Rust, Hayward, Bennett, Dane, Sawyer, Mr. Newman, Wainwright, Mr. Willson, Sergt. Clark, Breever Clarke. [Original on file in the Registry of Probate.]


Benjamin Gage dying intestate, administration of the estate was granted by Mr. Samuell Symonds and Major Genrll. Daniell Denison, Nov. 14, 1672, to Prudence, the relict, who was ordered to bring in an inventory to the next Ipswich court. Thomas Leavour was her surety.


Inventory of the estate of Mr. Samuell Jacob, late of Ipswich, appraised, July 3, 1672, by John Appleton, Samuell Appleton and John Whipple, and allowed upon oath of An, the widow: Goods in the hall, parlor, little parlor, parlor chamber, hall cham- ber, little parlor chamber, brew house, buttery and cellar; fur- niture, alchemy spoons, brass knives, fowling piece, musket, case of pistols and holsters, shredding knive with scewers, plate, clock, carpets, folded screen, a limbeck top and bottom, house- hold furnishings, teer flax and a hair line, wearing apparel, cheny dishes, mocado ends, pin cushion, sweet bags, two yards of mo- lacy, domestic animals, tools, etc .; total, 356li. 10s. 6d. Due from Mr. John Paine of Boston. [Original on file in the Regis- try of Probate.]


Will of Richard Jacob of Ipswich, without date, and allowed, 5 : 8 : 1672, before Mr. Samuell Symonds, and Major Genrll. Daniell Denison, upon oath of Capt. John Appleton and Left. Samuell Appleton: To wife Joanna, the provisions as per writing, dated May 3, 1669, to be carried out; to son Thomas, his eldest son now living, all land on the west side of the road to Boston, twelve acres below the sluice of his farm adjoining, six or eight acres bought of Henry Kemball adjoining Mr. Saltonstall's farm, all of which is in possession of his son Thomas, provided he pay to his mother-in-law, "my wife Joanna," according to agreement,


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IPSWICH QUARTERLY COURT


[Sept.


also 50li. to his sister Martha within a year after testator's de- cease if she be married, if not, to pay her 8d. per pound yearly until marriage or at the age of twenty-eight years, when she shall have liberty to demand the full sum, also Thomas to have the stock and apples for seven years; to son John, 100li. within one year; to son Nathaniell, when of age, half the farm near Topsfield, next to Isaack Comings' farm, he to pay yearly stipends to his step-mother and sister Judeth; to son Joseph, the other half of the same farm, next to Goodman Hovey's, at age, he to pay yearly stipends to his step-mother and the executor; to daughter Martha Jacob, 100li .; to daughter Judith, 100li .; to grandchild Lidea Jacob, 100li., and the widow of his son Samuel was to have half the house she lived in and necessary things for her support, as long as she remained unmarried; son Richard Jacob, executor, to whom he gave the rest of his estate; his brother Capt. John Appleton, brother Left. Samuell Appleton and his friend Mr. Richard Hubbard, overseers. Wit: John Appleton, Samuell Appleton and Wm. Goodhue. [Original on file in the Registry of Probate.]


Inventory of the estate of Richard Jacob, appraised Oct. 4, 1672, by John Whipple, sr. and Thomas Burnam, sr., and al- lowed, Oct. 5, 1672, upon oath of Richard Jacob: Household furnishings, furniture, 4 leather chairs, two flag chairs, wearing apparel, 27li. of newest pewter at 262d. per li., household uten- sils, domestic animals, table leaf and form, weapons, wearing apparel, domestic animals, tools, etc .; total, 1,126li. 9d. [Origi- nal on file in the Registry of Probate.]


Edmond James dying intestate, administration upon the estate was granted to John Pickard and Thomas Kimball, Jan. 23, 1672, by Mr. Samuell Symonds and Major Genrll. Denison, and they were ordered to bring in an inventory to the next Ips- wich court.


Mr. Anthony Crosbie dying intestate, administration upon the estate was granted to Mrs. Prudence Crosbie, the widow, Feb. 20, 1672, by Mr. Samuell Symonds and Major Genrll. Denison, and she was ordered to bring in an inventory to the next Ipswich court.


Frances Plumer of Newbury dying intestate, administration upon the estate was granted to his sons Samuell and Joseph, Feb. 20, 1672, by Mr. Samuell Symonds and Major Genrll.


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Denison, and they were ordered to bring in an inventory to the next Ipswich court.


John Hobbs and Samuell Plumer forfeited their bond for the appearance of said Hobbs .*


COURT HELD AT HAMPTON, 8 : 8 : 1672.


Major Hawthorne, president. Major Pike, Cpt. Nathll. Saltonstall and Mr. Samll. Dalton, associates.


Grand jury: Henry Palmer, foreman, Jno. Ilsly, Wm. Barns, Jno. Hutchins, Jno. Mariam, Wm. More, Jno. Clifford, Wm.


* Petition to the court at Ipswich, Sept. 24, 1672, by John Whipple, jr .: \ "Whereas there is one John Hobbs an inhabitant of Newberry, a man of uery bad fame who was presented ye last Court here, for seueral misdemeanours, wch as yet he hath not answered to, and sence hath been complained of by my uncle Rich. Kent before ye worsh11 Major Denison, for seuerall abuses to my daughter, now liuing in his house, upon ye hear- ing of wch ye Major passed sentence on him as he saw good: but he appealing fro his judgmt, and bond taken of him to appeare at ye present Court, hath since declared hims: resolued not to appeare, but forfeit his bond. and yet still persisting to abuse her by many scandalous defamations, and threatening to haue ye blood of any person yt shal come to her under any pretence of loue or ye like|| wtout any colour of leaue or appro- bation;|| and hauing formerly offered her many personal abuses, hardly fitt to be named, much less tollerated by any parent, I thought it my duty and most direct way to make address to this honrd Court for your special aduice herein, and doe humbly request (being uery fearful of his mischieuous intents to her or those related to her) yt you would please to grant me a special verdict to bring him before your worships to answer to such things, as are here or may be alleged against him." On the reverse, "Corp11 Whipple his complaint."


Sarah Whippelle, aged about fifteen years, deposed concern- ing John Hob's abuses. He told her that he charged his uncel that he shold not latt eny man keep har compani for he woold be ye death of him." etc. Rebeca Long deposed the same. Sworn in court.


Beria Browne deposed that John Hobbs told him that he would be the death of any man who sought Sary Whipple in marriage and "gods b[l]ud I thinke you ar ye man," etc. Sworn in court.


Henery Akers deposed that Hobbs swore that he would be the death of Richard Doell and Beriah Browne if he met with them. Sworn in court.


* Autograph.


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[Oct.


Buswell, Wm. Osgood, Wm. Fullar, Godfrey Dearborn and Wm. Marston, jr.


Jury of trials: Jno. Redman, sr., foreman, Tho. Mudgett, Hen. Green, Jno. Foulsham, Tho. Nicolls, Samll. Foot, Samll. Gile, Jno. Clough, Antho. Stanian, Benjamin Shaw, Jonathan Thing and Daniell Ladd, sr.


Tho. Mudgett v. Henry Langstaff. For unduly taking up and detaining a brown bay stone horse, branded with an S. Ver- dict for defendant.


Mr. Wm. Hooke v. Jno. Eaton. For not making him satis- faction for several goods delivered to him and his children by himself and attorney, and for summering his cattle at said Hook's farm, also for exchange of oxen. Verdict for plaintiff.


Henry Green, assignee of Harlakinden Symonds v. Capt. Walter Barefoot. Debt. To be paid in boards or staves. Ver- dict for defendant .*


Henry Green and Henry Robie, attorneys for the town of Hampton v. Nathll. Boulter, Danniell Tilton and Jno. Hug- gings. Trespass. Upon Hampton commons, by breaking up


*Edward Chambers, aged about twenty-nine years, deposed that on Dec. 20 last, Abraham Drake, marshal of Hampton, came to Kittery Poynt with an execution against Walter Bare- foote and Henry Greenland, for 100li. in the suit of Harlackenden Simons. Greenland sent for the law book and read the law to the marshal and delivered to him the principal, Barefoot, whom deponent saw the marshal receive to his arms a prisoner. After service, Barefoot said he would immediately show him security to redeem his person and showed him the great warehouse at the Poynt and the land belonging with two cellars dug and walled, saying that all this was his and cost him 300li., and that he had the deed in his pocket. This did not satisfy the marshal, but one Henry Greene and Lt. Sweet of Hampton being there, told him that Barefoot had also a house near the mill at Strawbery banke on which they would levy the execution; but Barefoot said it was not his and had nothing to do with it, upon which said Barefoot tendered himself as a prisoner, and said if they would go as far as Capt. Lockwood's, he would show him other land. Sworn before Elias Stileman,t commissioner and copy made by him.


That a bond for Barefoot's appearance was given, was sworn to Oct. 5, 1672 by Mr. Jno. Groth before Elias Stileman,t com- missioner, and also owned in court by Henry Green.


§ Autograph.


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and endeavoring to appropriate the common to themselves, it being upon Tayler's river near the Indian graves, westward of the town. Withdrawn .*


Jno. Sinkler v. Ralfe Hall. Trespass. For pulling up his fence and molesting him in his planting last spring, for claiming his land and endeavoring to alter the title, which land lay near to Sinkler's house in Exeter.


Mr. Samll. Dudley v. Edward and Charles Hilton. Debt. In merchantable boards. Verdict for plaintiff. Court, upon chancering the bond, allowed plaintiff damages to be paid in pine boards at Exeter.


Daniell Ela v. Jno. Godfrey. For unjustly molesting and prosecuting him. Verdict for defendant.


Mr. Jno. Gillman v. Jno. Matson. Debt. That he promised to satisfy in two good firelock muskets and send them to him before September, 1671. Defaulted.


James Kid v. Jno. Foulsham, Peter Foulsham and Samuel Levit. Trespass. For conveying away pine logs which plaintiff had cut in the mast swamp at Exeter. Verdict for plaintiff.+


Nathll. Boulter, attorney for Miriam King, widow of Tho. King v. Henry Moulton and Jona. Thing. For detaining cer- tain estate given her by will of her late husband. Withdrawn.


Nathll. Boulter, assignee of Miriam King, widow v. Henry Moulton and Jonathan Thing. For not making good certain articles of agreement made with said Miriam King, concerning her maintenance, dated Oct. 11, 1671. Verdict for defendant.




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