USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 6
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John Gould deposed that Jacob Towne told him that the end next the highway was burned first, etc. Sworn in court.
John Putnam deposed that he was at John Gould's house on Thursday night and, when Lenerd came in, asked him where he had been. He said he was not bound to give account. Sworn in court.
Blaze Vinton, aged twenty-one years, deposed that he had asked Leonard to go with him to Topsfeild and Ipswich, etc. Sworn in court.
Thomas Perley, aged about thirty-four years, deposed that the next week after the fire, Nathanel Lenod came into his field and said he was glad he was not there when the house burned, because they would have said he burned it. Sworn in court.
Edmond Bridges testified that on Friday, Lenard tied his horse to the coalhouse, came down to the forge and asked for John Vinton, etc. Sworn in court.
Zakeas Curtis, aged about twenty-nine years, testified that he was at the "upper finere whell," etc. Also that he saw Thomas and Nathanell Lenord on Friday late at night come riding from the forge by deponent's house. Deponent asked them if the workmen were at the works and they said they could not tell but saw a light in the forge, etc. Sworn in court.
John Vinton, aged about twenty-six years, deposed that he with Thomas Tower and John Chilson, went to Goodwife Andrewes, etc. Sworn in court.
*Edward Richards' bill of cost, 17s. 8d.
tAutograph.
56
SALEM QUARTERLY COURT
[July
The fines received by this court are to be paid, 10li. in money to the treasurer of the county, the rest to remain upon this court's account.
Court ordered that if there were not seven barrels of powder laid in according to law as town stock by the selectmen of Salem on or before the last day of the next month and so signified under the hands of the selectmen, to the Worshipful Major General Denison, the said selectmen should be liable to the penalty of the law.
Whereas Samuell Leonard made an escape from under the hands of justice to some parts in Coneticot Colony, court desired that the said Colony return him, if found, as a runaway.
The will* and inventoryt of Margeret Sanden were proved and allowed in court by John Merett.
*Will of Margarett (her mark) Sandent of Marblehead, widow of Arthur Sanden, "being Ancient," dated Aug. 20, 1667: "Imp's I giue unto Samuell & Ephraim Sandin the children of John Sanden, my son, late deceased: twenty shillings each of them to be paid in 6 months after my decease It I giue vnto the children of nicholas meret by mary my daughter, being in number eight sons & daughter, now sur- viving all the rest of my estat when all debts & other charges are paid to be equally devided among those that survive of them to the age the sonns at 21 years & daughters at 18 years or maryed: It I doe appoynt my son nicholas merrett & mary his wife my daughter to be sole executors of this my last will & testament," Wit: Mary (her mark) Veren, Henry West§ and Hillyard Veren, sr.§
¡Inventory of the estate of Margreet Sanding, deceased, appraised by Cristover Lattemore, William Browne and Nathenell Walton: one Feather Bed, 2li .; 1 Bolster and 2 Pillowes, 15s .; 2 old Blanketts & 1 old Rugg, 10s .; 1 old Cat- taile & old Bedding, 12s .; 1 old Couerled, 12s .; 1 old Chair, 2s .; 1 old bedstead and 1 old Bedd matt, 10s .; 1 pare Cur- tans and old Vallins, 12s .; 1 Looking Glace, 1s. 6d .; 1 old Warming Pann, 4s .; 2 Pare Pillowbeers, 6s .; 3 old pillow- beers fitt for nothing but tinder; 6 sheetes, Ili. 16s .; 5 old sheetes, 15s .; 1 Table Cloth, 1 Bolster Cloth, 10s .; a small parsell of table Lining fitt for tinder; 1 old Chest made of pine, 5s .; 1 old wainscott Chest, 7s .; 1 frame Table, 12s .; 5 Joynt stooles, 1li. 7s. 6d .; 1 Brass Kettle, 1li. 5s .; 1 Iron pott, 15s .; 1 old Iron pott and pott Hooks, 8s .; 2 old Iron ¿Seal.
§Autograph.
57
RECORDS AND FILES
1675]
Ruth White, administratrix of the estate of Thomas White, deceased, made oath that all the debts were paid, and was discharged .*
The administrators of Samuell Leach have made their return of the sale of the house and land as far as it will go to pay the creditors.
Hen. Roades was allowed costs in an action brought by Joseph Armitage who did not prosecute.t
Skilletts, 5s .; 1 pessell & morter, 5s .; 1 pare of old Scales, 2s .; 1-2 a dussan of puter Dishes, 16s .; 2 old puter platters & 2 old plaits, 4s .; 2 old puter Candle sticks, 3s .; 2 old Candle- sticks, 2s .; 1 quart, 1 wine quart, 1 wine pinte, 1-2 pinte, 1 nogin, 6s .; a parcell of old puter, 9s .; 1 Trambell, 3s .; 1 old friing pann, 1 old pare of Tongs & an old Shouell, 3s .; total, 17li. 3s.
*Account of payments made by Ruth Whitt, administra- trix: to Capt. Goarge Corwinn, 7li. 10s. 10d .; to Capten Lothoerup, 4li. 15s. 4d .; Jonathan Wade, 9li. 8s. 11 1-2d .; Mr. John Rucke, 2li. 16s. 6d .; Mrs. Elizabeth Newman, 4li. 7s. 4d .; Mr. John Gidny, sr., 4li. 1s. 2d .; Wiliam Story, 3li. 6s. 8d .; Decon Goodhew, 2li. 13s. 4d .; Ezekell Woodward, 7li. 12s. 8d .; Insigne Gold, 3li. 6s. 8d .; Richard Hutten, 8li .; Zebulon Hill, 2li .; John Denice, 15s. 8d .; Daniell Kilham, 11s. 4d .; Thomas Ives, 4s. 10d .; Goodman Goldsmith, 1li .; Thomas Fisk, Ili .; Andrew Petter, 14s. 8d .; Insigne Corning, 4s. 8d .; four swine lost out of ye estatt, 2li .; one load of hay from Chebako, 1li .; An horss Lost out of ye estat prised at 4li .; for driving swine to decon goodhus, 4s .; to Robertt perce of Ipswich, 1li. 14s .; taken by marshal Scery, 10s .; Thomas Rix, 4s. 8d .; taken by Jno. West, 19li .; total, 73li. 16s. 7 1-2d.
¡Henery Rhodes'# petition: that he had been greatly dam- aged by Joseph Armitage of Lynn by unjust molestation and suits at law for three or four years, and upon complaint to the grand jury together with Capt. Savage, said Armitage was presented as a common barrator and it was accepted by the court. He still pursued the same course and now sued him about the same piece of land which said Roads had owned for fifteen or sixteen years, formerly Capt. Bridges', to which Armitage pretends title from Mr. Giffords. This molestation has been to "much spending of my spirrits, & hee is a man that hath sd hee is not of estate worth five pounds & I know not any estate of his worth one pound," etc.
Bill of cost, 18s. 6d.
#Autograph.
58
SALEM QUARTERLY COURT
[July
Mr. John Blackleech being attached to this court by Nicho- las Manning and not prosecuting, said Blackleech was allowed costs .*
John Mastone, constable of Salem, brought in a bill of 8s. for carrying a malefactor to Boston goal upon suspicion of murder. i
The will and inventory of Thomas Coledum were proved and allowed.
*Bill of cost of John Blackleach, "to 3 dayes in my Comming from hartford and Retorning againe that being the place of my habbitation," 16s.
¡For poting willam Solar and gorg nortes Man in to prison and Caring them to befarly, 3s .; going post to Maruellhed, 2s .; Caring of A Imbargo to befarly, 1s .; Caring on of ye Men to len that did belong to that Comperny that brought ye shep in to porcataye that wos sesed A pon by the Con- try, 2s.
¿Will of Thomas (his mark) Couldum of Lynn, aged about eighty-six years, dated Mar. 14, 1674-5, and proved by An- drew Mansfeild and Joseph Roads: "I bequeath to my wife Joannah Couldam, all my planting ground in the Township of Linn afforesd Containing in estimation about twenty foure acres (viz) twelue acres of it in estimation being my house Lott bee it more, or Lesse: & the rest of it, with mowing ground ajoyning to it, being Called by the name of Turkye Feild the whole Containing in estimation foareteen acres, & an halfe, bee it more, or Lesse & is bounded with the Lands of Richard Moore & Joseph Mansfeild: And alsoe the use of all my houseing, and alsoe all my medow ground (viz) five acres of salt marsh ground Lyeing in Rumnye marsh, betwixt Ed- ward Bakers marsh, & the marsh of Richard Haven Alsoe two acres of salt marsh in Rumnye marsh Lyeing betwixt the marsh of Mr whiteing, & the marsh of Andrew Mansfeild & two acres of salt marsh Lyeing in the Marsh beefore the Towne Lyeing by the Marsh of Moses Chadwell (viz) dureing her naturall life, not Crossing a Couenant, or agreement made betwixt my selfe, & my grandchild Samuell Simonds, touch- ing my Considering, or a Loweing him, for his manageing my affaires.
"I give vnto my wife Joannah the one half of all my Liveing stocke both in Neat cattle, horse kind, sheep, swine &c .: & halfe the increase of them, & halfe the produce of the whole Liueing accordinge to the affore hinted Covenant, or agreemt with the Afore sd Samuell Simonds, as her owne proper right & interest. If: I give unto my wife Joannah, all my moueable
59
RECORDS AND FILES
1675]
The will* of Hen. Lea was proved.
estate both within dores, & without dores, to bee at her free dispose. It: I give vnto my son Clement Couldum his heires & assignes for ever one halfe of all my Lands houseing, & medow as his own proper right, & interest forever, with all Comon Liberty and previlidges belonging thereunto with halfe the orchard
"I giue vnto my sonn Clement Couldum (after my owne, & my wifes deseace my bed that I Lye uppon, with all the Appurtenances belonging there vnto, my great chist alsoe with my Cubberd, Iron pott & Iron kettle,) notwithstand my guift of my moveables vnto my wife which is expressed as to her in generall Tearmes as abouesd. It. I herby Con- firme vnto my Grandchild Sam11 Simonds to him his heires, & assignes forever as his owne proper right & interest, And that vppon Consideration of his Agreemt with us to manage & Carrye on all or buisinesses according to the sd agreemt That hee the sd Sam11 Simonds shall have & enjoye to him, his heires & assignes for ever one halfe of all my houseing Lands medowes & marsh ground & halfe the orchard as aboue exprst, wth all Comons, Libertyes & p'vilidges (viz) after my owne & wife's desease It: I make choyce of my Loueing wife & my Loueing Brother & Freind Mr Henrye Rhodes Joynt executors. Last I desire my Loueing Friend Andrew Mans- feild & John Newhall senior to bee overseers of this my will." Wit: Samuell Rodest and Joseph Rhodes.t
Inventory of the estate of Thomas Couldum of Lynn, who died Apr. 8, 1675, appraised by Francis Burrill; and Nathaniell Handforth: wearing apparrill, Lyning, woolen, stockins, shoos, hats, 5li. 7s .; Bedding, 6li. 18s .; Bedding, 1li. 6s .; Bedding given to Clemond Coldum according to will, 5li. 10s .; Lyning, 6li. 8s .; Brasse & puter, Ili .; 2 Iron pots, 1 Iron Ketle, a ringer, wedges, hake, hookes, tooles, 4li. 8s .; 2 Cheere Tables, Couberd, fermes & Chest, 1li. 15s .; Armes & Amunition, 1li. 15s .; 16 sheepe & 7 Lambs, 9li .; English & Indian Corne, 4li. 2s. 6d .; flax, Hemp, wool & yarne, 1li. 16s .; Boards & shingles, 1li. 8s .; Uncut cloath, 1li. 4s .; monyes, 8li. 6s .; Lumber, wheeles & Barrills, 3li .; Porke, 1li .; Neate Catle, 36li. 5s .; Horse kinde, 5li. 10s .; Swine, 12s .; Houseing, 27li. 10s .; Upland & medow ground, 175li .; carts, plow, Grindlestone & Haye, 3li. 14s .; A sadle & pillion, Ili. 5s .; total, 313li. 19s. 6d.
*Will of Henry (his mark) Lea of Manchester, dated Feb. 12, 1674, and proved by William Benent and Samuell Freind:
+Autograph.
60
SALEM QUARTERLY COURT
[July
Worshipful Major William Hathorne made return of the disposal of the money received from the sale of Thomas Robins, the Indian.
Fined by the Worshipful Major Wm. Hathorne:
On 20 : 5 : 1674, John Norton, for striking up Ruben's heels.
John Bennet and Nath. Pease, for affronting the constable in gathering the minister's rate.
On 17 : 9 : 1674, Owen Henly, for swearing more than once and being in drink.
Hen. Colbourne, for excess in drinking and for abusing Mr. Batter.
On 21 : 11 : 1674, Jon. Waldron, for being drunk and abusing the constable.
John Shaw, for being drunk.
John Plum, for abusing the constable's deputy.
Tho. Allexander, for not assisting the constable.
John and Jonathan Verry, for not assisting the constable. John Martin, for swearing.
"I giue & bequeth to my well beloued wife Marey Lea my wholle estate personalle & reall, my depts being payed ye estate is lift to her wt is remayning except som small Legeaeyes yt I giue to my chillderen, to my son John Lea I giue twenty shillens, to my other too sonns Samuell & Thomas Lea I giue ten shillens apeace to each of them & to my too daughters Hanah & Sarah Lea too each of them I giue & bequeth ten shillings a peace and for ye prformenc hereof I haue made & doe apoynt my wife meary Lea afore saide excecuetor & my well beloued friends Thomas Jones & willam Benet as ouer sears to assist her in any busnes as she shall desire of them consirning the said estate." Wit: Samuell Freind*, and Aron (his mark) Bennet.
Inventory of the estate of Henery Lea, taken Mar. 29, 1675, by John West* and Willam Bennet :* hows & land with priveledges there unto belonging, 100li .; Cattell & Swine, 24li .; Bedding wth other howshold Goods, 20li .; total, 144li. Debts to be paid, 28li.
Writ: Nicholas Manning v. Mr. John Blackleech, mariner, and Mr. Richard Lord, merchant; for selling and delivering an anvil to plaintiff, which anvil was elaimed by Gervis Salter, who recovered by law; dated June 23, 1675; signed by Hilliard
*Autograph.
61
RECORDS AND FILES
1675]
Veren,* for the court; and served by Returne Waite,* deputy marshal of Suffolk. Bond of John Blackleach .*
Writ: John Tod v. Thomas Kimball; debt, for not per- forming an award made and given by Capt. Samuell Brockle- bank, Daniell Wicom and Jonathan Platts; dated May 17, 1675; signed by Robert Lord,* for the court; and served by Robert Lord,* marshal of Ipswich.
Writ: Alice Thomas, widow v. Samuell Norden; debt, for the rent of a house and land, according to an agreement dated Dec. 4, 1673; dated May 31, 1675; signed by Jonathan Negus,* for the court; and served by Returne Waite,* deputy marshal of Suffolk. Bond of Samuell Norden .*
Writ: Richard Norman v. Hellin Chard; debt; dated Mar. 29, 1675; signed by Hilliard Veren,* for the court; and served by John Clifford,* constable of Salem. Robert Bray bound for said Chard.
Writ: Mr. William Browne, jr. v. James White of Ipswich; debt; signed by Hilliard Veren,* for the court; and served by Robert Lord,* marshal of Ipswich.
Writ: Mr. William Brown, sr. v. Thomas Russell of Charles- town and John Dafforne of Boston; forfeiture of a bond, dated June 16, 1674, in which they were all bound; dated Apr. 30, 1675; signed by Jonath. Negus,* for the court; and served by Returne Waite,* marshal's deputy. Bond of John Dafforne .*
Writ: Thomas Hale, jr. v. Edward Smith of Exeter; debt; for pine boards to be delivered at Boston; dated May 17, 1675; signed by Anthony Somerby,* for the court; and served by Moses Gilman,* constable of Exeter, by attachment of a pair of logging wheels of defendant's. Bond of Edw. Smith,* Thomas Rawlings, surety.
Writ: Mr. Philip Nellson v. John Willcote and Thomas Thurley; for not finishing a house and barn according to agree- ment made Oct. 16, 1667; dated Apr. 24, 1675; signed by Tho. Leaver,* for the court; and served by Robert Lord,* marshal of Ipswich, by attachment of land of Thomas Thurla.
Bill of presentments, dated July 20, 1675, signed by Nathen. Puttnam,* in the name of the rest:
Bartholemew Foster of Gloster, for breach of the Sabboth in going with his boat loaded from the head of Little river. Wit: Thomas Loufkin and Richard Dicke.
The town of Ipswich, for not making the highway sufficient between Gloster and Ipswich, especially over Chebaco river. Dismissed, the way being mended.
Samuell Elwell, for profaning the Sabboth day in going through the gut with his boat. Presented by Robert Elwell,
*Autograph.
62
SALEM QUARTERLY COURT
[July
Robert Hooper, for swearing twice.
On 26 : 1 : 1675, Tho. Jives and Abra. Stery, for striking.
On 16 : 2 : 1675, Anthony Wood, for breach of the peace.
William Vinson, sr., James Stevens, Steven Glover and Thomas Riggs. Wit: James Stevens and Hannah Solter.
John Heibard and Moses Morgan of Beverly, for drunken- ness. Wit: John Bollsh, Joseph Bollsh and Thomas Parler.
Nickles Pickett and wife Damores, of Marblehead, for fornication before marriage.
Elisabeth Poor, of Marblehead, for letting the Indians have liquors until they were drunk. Wit: Natheenel Wallton, Nicholas Willis and Edward Homan, John Lattony and Adam Clarke.
John Legrove and wife Dinah of Salem, for fornication be- fore marriage.
John Baker and wife Jonne, of Salem, for fornication before marriage.
Walter Mungie, Mr. William Bowdidge, Richard Robards and John Lambord, sr., for living from their wives.
The town of Beverly, for a defective highway between William Dixey and Richard Stackhouse. Wit: Henery Her- rick.
The town of Beverly, for having a defective pound. Wit: William Benett.
Arter Cartter, of Marblehead, for selling cider by the quart without a license and for presumptuous words against authori- ty. Wit: Rouland Ransbery.
Oen Hande of Marblehead, for selling cider by the quart without license. Wit: Thomas Very, Richard Stace and Rouland Ransbery.
The town of Topsfeild, for a defective highway between Salem bounds and Topsfeilde bridge. Wit: Natheinnel Putt- nam and James Moltten, jr.
Calebath, John Porter, sr.'s servant, for fornication.
Mary Read, who lived with Capt. Joseph Gardener, for fornication.
Thomas Page and wife Mary, for fornication before mar- riage. He could not be found.
Thomas Rix, Wm. Cortice, Mathew Price, Peter Chevoures, Steven Haskett, James Powland, Jno. Crumwell, Jno. Launder, Wm. Reves, Jos. Allen, Jno. Baker and John Maskall, ap- pointed a jury of inquest upon a child named Thomas Ager, who was drowned on May 23, 1675, returned that he was accidently drowned by falling from a wharf, upon informa- tion of Mathew Price and others.
63
RECORDS AND FILES
1675]
Edward Wolland, for being distempered in drink.
On 30 : 6 : 1675, Tho. Leonard and John Alley, for fighting."
George Darling, for selling beer at 2d. a quart without license.t
Thomas Male, for working on a public fast day openly in his shop, was fined or to be whipped.#
Hen. Skerry, marshal, was allowed costs for going to Chems- ford and attaching Mary Read.
Allowed 28s. in money to be disposed of by Capt. Gardner to the servants of his house, and also 2s. to the servant of the house where the Deputy Governor lodges.
William Carter acknowledged judgment, 3 :9:1675, to Capt. John Corwin before the Worshipful Major Generall Daniel Denison and Major Wm. Hathorn.
COURT HELD AT IPSWICH, SEPT. 28, 1675
Judges: Samuell Symonds, Dep. Gov., Major Genll. Deni- son and Major Wm. Hathorne.
Grand jury: Decon Goodhue, John Dane, Sergt. Perkins, Robert Kinsman, Aron Pengry, Corpll. Tho. Clarke, Wm. Ilsly, Mr. Tho. Noyes, James Barker, Leonard Haryman, John Pabody, John Barker, John Tenny and Rich. Bartlett.
Jury of trials: Capt. Jo. Appleton, Cornet Jo. Whipple, Sergt. Tho. Waite, John Wainwright, Nath. Tredwell, Mr. Henry Sewall, John Emry, Sam. Platts, Jonath. Platts, Abell Langly and John Commings.
Inventory of the estate of Thomas Scott, of Ipswich, ap- praised, Sept. 20, 1675, by John Appleton and William Good- hue, houses, land, wampum, etc., 183li. 12s. 8d. [Original on file in the Registry of Probate.]
Inventory of the estate of Jonathan Gage, taken Mar. 22, 1674-5, returned by Hester, the widow, amounting to 114li. 9s. 2d. [Original on file in the Registry of Probate.]
*Lynn presentment. Wit: Samuell Mansfeild and Nathen Ballard.
+Marblehead presentment. Wit: Richard Norman and Richard Knott.
#Salem presentment. For working on June 29, a public fast day. Wit: Mrs. Mary Puttnam and Daniel Rea.
64
IPSWICH QUARTERLY COURT
[Sept.
Administration upon the estate of Samuell Cogswell was granted, Aug. 26, 1675, to John Coggswell, his brother, who was ordered to bring in an inventory to the next Ipswich court.
Rich. Shatswell v. Ralph Hall. Debt. For 4,000 feet of merchantable pine boards. Verdict for plaintiff .*
Capt. Gerish and John Knight, in behalf of the town of Newbury v. Mr. Richard Dummer. For fencing. Verdict for defendant.t
*Bond, dated Aug. 24, 1672, given by Ralph Hallį of Exitor to Richard Shatswell of Ipswich, for 4,000 pine boards and 350 feet of oak plank, two inches thick, eighteen inches wide and twenty-seven feet long at least, in consideration of two oxen he bought of said Shatswell. Wit: Robert Lord, jr.}
+Writ: Capt. Will. Gerrish and John Knight, sr., in behalf of the town of Newbury v. Mr. Richard Dumer, sr; for fencing in the town's common adjoining Easson's river near Rowly line near Rowly mill; dated Sept. 22, 1675; signed by An- thony Somerby,¿ for the court; and served by Joseph Pike,} constable of Newbery, by attachment of land of defendant at the easterly end of Dumer's marsh, eastward from his dwelling house, where he ordinarily resides and on the south side of the river which runs up to the Falls.
Copy of what Mr. Dumer, sr., gave into the selectmen, Sept. 15, 1675; "I doe by this writing signify to you that you shall not need to sue for any of that Land I haue fenced at Rowly mill that is in question or difference I shall for peace sake rather yeild it to the Towne and use some other meanes to recouer my right which is about twenty acres more than is fenced. Copy made by Anthony Somerby.#
Copy from the town book of Newbury, made by Anthony Somerby:{ "At a meeting of the Towne March 18, 1673-4. It was voted & there was Chosen Richard Dole John Knight, sr. & Tho. Hale, Jur to lay out to Mr Dumer all his Just De- mands according to his Grants and to receive for the Townes use the land that is ouerplus, & to make sale of that parcell of land that lyes on the south east corner of mr dumers farme ioyneing to the Riuer neere Rowly Mill, and to sell the said parcell of land for the best aduantage of the Towne, the said three men agreeing about it, and the said price of the Land to be Imployed for the building of the ministry house."
"At a Generall meeting of the Towne June 5, 1673. That whereas Mr Dumer complaines that he wants measure in #Autograph.
65
RECORDS AND FILES
1675]
his seuerall Grants of Lands that was granted to him by the Towne. It was voted that all Mr Dumers Grants should be measured by an equall charg between the Towne & m' Dumer And the Towne doth engage to make good his seuerall Grants both upland & meadow And mr Dumer doth engage that the Towne shall haue the rest of the land that is aboue his measure to be returned to the Townes use And the Lott layers & Leiut woodman & John knight sen' was chosen mutually to see the said Land measured & done according to the said vote."
Mr. Dumer's bill of eost, lli. 1s. 2d.
"At a Generall meeting off the Towne July 5th 1673. It was Ordered that Capt Gerrish, Ricd Dole & Jnº Knight Sent was desired & apointed to prosecute against Robert Adams at Ipswich Court or any other person or persons that have enclosed the Towns Comons to take out attachment & sum- ons & records for the profe of wth they have enclosed the foresayd three or any two of them."
Deed, dated July 7, 1674, given by Richard Dumer, sr.,* in consideration of the natural affection for his children, to Shubal Dumer of Yorke and William Dumer now of Boston, all his lands, meadows and pastures in Newbury, except the lands and tenements already given to his son Richard Dumer; said land was to be divided from the turn of the river on the southeast of Steward's house, taking Steward's house into the lower end, and coming along northerly to the country highway on the lower side of it until it comes to Mr. Sewal's farm, "only unto the upper part of this division I appoint that necke or part of marsh in the point that wee usually did fence of, with thre or foure rod of fence being encompassed elswhere with the Riuer & a Creeke; and I doe grant to my son shubel to haue his choice of either of these diuisions accord- ing as is aboue exprest. If either of the two sons died without issue or his son William died in his non-age, the lands were to be equally divided among the surviving brothers or their heirs; his wife was to enjoy her thirds during her or their lives, and his son William was not to dispose of the land con- veyed to him during his non-age, but he should allow testator's wife to have it, and after he became of age, he was to pay his mother her third part of the produce, as also was his son Shubel. Wit: Anthony Morse, sr.t and Jere. Dumer.t Acknowledged, July 9, 1674, before Daniel Denison. Re- corded, Sept. 23, 1675, among the records of lands for Essex at Ipswich, by Robert Lord,t recorder.
Deed, dated July 7, 1674, given by Richard Dumer, sr. § to his sons Mr. Shuball Dumer and William Dumer, all lands mentioned in the foregoing conveyanee, except land already
*Autograph and seal.
+Autograph.
66
IPSWICH QUARTERLY COURT
[Sept.
Samuell Peppen v. Joseph Weeden. Withdrawn.
Ens. Thomas Chandler v. Mr. Anthony Ashby and Abigail, his wife, administratrix of the estate of John Lambert, de- ceased. Non-payment of a bond of 220li. Nonsuited.
Margaret Bishop and Samuell Bishop, executors of the estate of Thomas Bishop, deceased v. Frances Wainwright. Verdict for defendant. Appealed to the next Court of Assist- ants. Samuell Bishop bound, with Mr. Wm. Cogswell and Thomas Bishop, as sureties .*
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