USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 9
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Andrew Tooker is debtor, May 28, 1675, for solling 1 pair #Autograph.
87
RECORDS AND FILES
1675]
James White v. Samuell Pippen. Debt. Verdict for plaintiff .*
Mathew Nixon v. William Hollingworth. Debt. Withdrawn.t
of Shoes, yourself, 2s .; June 11, to solling your son Johns shoes & 1 new heel, 2s .; 26, to maid Shoan 1 pair of shoes, 6s .; to your nicholass 1 pair of shoes, 3s .; July 3, to Linnard Bellring 1 pair of shoes french falls, --; 9, to solling Bellrings shoes, 2s .; 3, to 1 pair of shoes for Bellring, 7s .; 9, to soling John sarle his shoes, 2s .; 24, to 1 pair of shoes yourself, 6s. 6d .; to 1 pair your son John, 3s. 6d .; Sept. 24, to 1 pair of french falls John sarle, 6s. 6d .; 1 pair of french falls your wife, 5s .; 1 pair of shoes solling yourselfe, 2s .; 29, 1 pair solling John tookers shoes, Is .; to solling John Draks shoes, -; to solling your maid Shoans shoes, - to solling your own shoes, -; Nov. 11, to a new heel to Andrews shoes, -; to your maid Shoan 1 pair of shoes, 5s .; to 3 pair of Childrens shoes, 9s .; to 1 pair of shoes to John sarl, -; to 1 pair of shoes to yourself, 6s. 6d .; total, 4li. 8s. 11d.
*Writ, dated Nov. 24, 1675, signed by Robert Lord,# for the court, and served by Robert Lord,# marshal of Ipswich, by attachment of defendant's interest in the farm he rents, also in a cow and two calves.
James White's bill of cost, Ili. 6s. 6d.
Willm. White; deposed concerning such matters as Samuell Pippen received of James White when he "dyeted" with him, which was ten months, etc. Sworn, Nov. 29, 1675, before S. Symonds,# Dep. Gov.
Account between Pippen and James White: a knife, 20d., to John Giddens, 18s .; his dyet heere ten months, -; a quarter of Befe, 16s .; a Caster hat, 25s .; 7 yards of Canvasse, at 3s. 6d. per yd., 24s. 6d .; 1 1-2 yd. Penystone, at 5s. 4d. p. yd., 8s .; 2 gallons of liquor, 10s .; for the plowing & land of an acre barley, 10s .; for oats halfe an acre, 5s .; for a Jacket, 13s .; for a paire of stockens, 4s. 6d .; for a bushel of Indian corne, 3s .; for a bushel & halfe of Corne, 4s. 6d .; a bushel & halfe of Barley, -; a day of me and my Cattle stacking hay, 5s .; halfe a day mowing, 18d .; the horse in pasture all the summer, 4s. Sworn, Nov. 29, 1675, by William White, before Samuel Symonds,¿ Dep. Gov. Affirmed in court by James White.
+Writ: Mathew Nixon v. William Hollingworth; debt, for wages upon a voyage to Verginea with said Hollingworth and one hogshead of tobacco; dated 24 :9 : 1675; signed by Hilliard Veren,# for the court; and served by Henery Skerry,#
#Autograph.
88
SALEM QUARTERLY COURT
[Nov.
Ezekiell Needham v. Edward Richards. Withdrawn .*
Edmond Berry, who married Eliza, the widow and execu- trix of Roger Hascall v. Wm. Hascall, guardian of Roger, Josia, Samuel and Sara Hascall. Withdrawn.
Frances Skerry v. Nicholas Maning. Debt. Verdict for plaintiff, twelve quintals of pollock and four hundred feet of boards.t
Daniell Weld and Richard Croad, assigness of John Godfery v. Abraham Whittaker, sr. Debt. Verdict for defendant.}
marshal of Salem, by attachment of a parcel of wood in de- fendant's yard and two tables in the house, and leaving a summons at his house with his wife.
*Writ: Ezekell Neadham v. Edward Richards; for the title to land sold to plaintiff, adjoining Mr. Thomas Laughton's in Lin, part of which is taken away by the townsmen of Lin; dated Nov. 25, 1675; signed by John Fuller,§ for the court; and served by Daniell Gott,§ constable of Lynn.
+Writ, dated 24 : 9 : 1675, signed by Hilliard Veren,§ for the court, and served by Henery Skerry,§ marshal of Salem, by attachment of the workhouse, his forge, shop, and land.
Bond, dated Dec. 7. 1674, pollock and boards to be given by Nicholas Manings of Salem, gunsmith, to Francis Skerry of Salem, in consideration of a stone horse. Wit: John Smith§ and Thomas (his mark) Brocket. Sworn in court.
Frances Scary's bill of cost, Ili. 17s. 2d.
Henery Skerry, aged above seventy years, deposed that he went to Nicholas Maning, by his brother's order, to de- mand the bill, but Maning refused to pay it. Sworn in court.
ĮWrit: Daniel Weld and Richard Croade, assignees of John Godfrey v. Abraham Whittacre, sr .; debt of 12li. due ·with interest in specie or four cows and a heifer with increase, as per bond dated Nov. 22, 1669, which was assigned to said Wels and Croade by said Godfrey during his sickness for what they had done for him or might do for him while he lived; dated Nov. 19, 1675; signed by Tho. Leaver,§ for the court; and served by Robert Clement, § constable of Haverall.
Abraham Whitaker's bill of cost, Ili. 5s.
Decd, dated July 24, 1675, given by John (his mark) God- frey|| to Dr. Daniell Weed and Richard Croade, in considera- tion of attendance in his sickness, for two oxen now running upon Salem common, which were formerly let out to William Rendoll; two oxen and two cows in the custody of Abraham Whittacre at Haverill; 100 acres of land at Haverill, lying §Autograph. ||Seal.
89
RECORDS AND FILES
1675]
Mr. Ed. Batter v. John Pease. Withdrawn.
John Laighton, complained of for running away after being impressed for the service against the Indians, and alleging that another man was sent to serve in his room, who was accepted by him who had the present command, but court considering that he ought to have brought his discharge under the officer's hand, ordered that he be freed from the penalty the law requires, but pay all the charges of this prosecution.
Joseph Armitage acknowledged judgment to Mr. John Ruck, for rent .*
James Pickman and Christopher Gibbs acknowledged judgment to Capt. John Corwin.
Mary Trebe, widow of John Trebe, deceased, was ap- pointed administratrix of his estate. She brought in an in- ventoryt and the two daughters, Elizabeth and Sara, were ordered to have 4li. each at age or marriage, and the house and land to stand bound for the payment.
above Mr. Ward's land, bounded upon Goodman Sachell's land on the south, on Goodman Eaton's on the north, on the west and east by four trees marked S, two of which are on the corner next to the river and two on the other corner chopped. Wit: Peter Cheevert and John Cooke.į Re- corded in Salem, book 4, folio 122, Aug. 1, 1675, by Hilliard Veren, # recorder. Sworn, 31 : 5 : 1675, before Wm. Hath- orne,į assistant.
Peeter Cheevers, aged about thirty-two years, and John C'ooke, aged about twenty-eight years, testified that they saw the deed signed when Godfrey lay sick at the house of Richard Croade, etc. Sworn in court.
Bond, dated Nov. 22, 1669, given by Abraham Whitickert of Haverhill to John Godfry, for 12li. in corn, wheat, rye and Indian corn, etc. Wit: Sam. Simondst and Elisebeth Si- monds.# Sworn, Sept. 13, 1673, before Nath. Saltonstall,} commissioner.
*Bond of Joseph Armitage,# dated Sept. 23, 1675, to Mr. Jno. Ruck of Salem. Wit: Henery Skerry, sr.# and John Higginson, jr.#
¡Inventory of the estate of John Trebie, deceased, appraised Nov. 24, 1675, by John Peach, sr.# and James Dennes: house and ground, 40li .; 4 Swine, 1li. 10s .; calfe, 12s .; fether bed, one Bolster, 2 pillowes, 3li .; pare of Blankets, 16s .; one Rugg,
#Autograph.
90
SALEM QUARTERLY COURT
[Dec.
Benjamin Joanes acknowledged judgment to William Sear- gent .*
Court adjourned to the 21st of the next month at one o'clock.
John Patch, aged about fifty-seven years, deposed that the bound tree, formerly the corner bounds of James Patch, which is now Richard Thistle's, stands at the foot of the hill of rocks, which is the southwest corner bound, and said Patch marked it with his own hands. Sworn, 1 : 10 : 1675, before the wor- shipful Samll. Simonds, Dep. Gov., and Maj. Wm. Hathorne.
COURT HELD AT SALEM, 21 : 10 : 1675, BY ADJOURNMENT.
John Fisk, assignee of the committee of Salem for the building of the meeting house v. Christopher Babadg. Special verdict. If the law of the country concerning constables collecting rates, with the warrant of the selectmen of Salem at the foot of said rate, and the committee's assignment unto John Fisk, also the said constable accepting it makes him
10s .; 2 Curtains, 6s .; Cabbin Bed and Blankets, 15s .; 2 Chears, 5s .; spining wheel, 3s. 6d .; 3 Barrills, 4s .; a Coate, wastcoat, Breeches & Drawers, 1li. 5s .; a sea Coate & Breeches, 7s .; 4 pare sheets & an odd one, 4li. 14s .; 5 pare pillow beres, 2li. 5s .; 6 Napkins & a Table Cloth, 18s .; 3 old Shurts & 3 old pare Drawers, 1li .; a Chest, 3s. 6d .; a Leverre Coubert, 1li. 15s .; Trundle Bedstead, 6s .; Table and 2 Joynt stooles, 12s .; 4 Cheares, 6s .; Chest & 2 Boxes, 10s .; 2 Coubert Cush- ings, 5s .; Little small table, 3s .; new Caster hatt, 13s .; 2 Coats, a pare Breeches & wastcoate, 2li. 10s .; pare shoose, 3s. 6d .; 5 pare stockins, 10s., 2 pare Gloves, 3s. 6d .; a Casse and 5 Botles, 2s. 6d .; Cradle, 5s .; pare small Iron Doggs, 68 .; a Cruck, fire shovell & Tongs, 6s .; spitt & Gridiron, 4s. 6d .; pare Bellows, Is .; 2 Iron pots & pott hooks, 15s .; Iron kettle, 8s .; 2 Brace Kettels & a Brace skellit, 1li. 10s .: percell yerthen ware, 8s .; 6 peuter Dishes & a sauser, 1li .; 2 pewter pots, a Bowl & a puter Botle, 6s .; 8 peuter porringers and a little skillet, 10s .; 6 spoones & a Latten Dripen pann, 2s. 6d .; an hour Glase & Looking Glace, 2s. 6d .; Smoothing Iron, 1s. 6d .; 4 Tubs & a Bucket, 4s .; one Gun, Ili .; sword, Belt & Bandilears, 12s .; total, 74li. 11s. 6d.
*Bond, dated May 29, 1675, of Benjamin (his mark) Jones of Gloster, husbandman, to William Sargent, sr., of Gloster. Wit: Andrew Sargantt and William Sargant.f
+Autograph.
91
RECORDS AND FILES
1675]
liable, they find for plaintiff, 130li. according to covenant or to gather up the remainder of this rate in six months' time; otherwise, for defendant. Court gave judgment for plaintiff. Appealed, and defendant bound, with Capt. George Corwin and Mr. Edmond Batter as sureties .*
*Writ, dated 23 : 9 : 1675, signed by Thos. Fiske, for the court, and served by Henery Skerry,t marshal of Salem, by attachment of the house and land of defendant.
John Fisk's bill of cost, 2li. 1s. Sd.
Orders, dated 22 : 11 : 1673, given by George Corwin,t Edm. Batter,; Wm. Browne, jr., t and Jno. Corwint to the constables of Salem: "Wee whoe are apoynted & Impowered to pay for the buildinge of or new meetinge house doe by these prsents Assigne our to m' Jno. Fisk as our Ordr for the Receiue of what is deliured to the seur all Constables to Colect Exceptinge what he hath already Received, and also what wee haue taken upon or owne Acct in part of what is due to o'selues for what is due from the said fisk for goods taken up from us, to haue the seur- all sumes wh. are specified upon the seurall Rats and to be paid to him one third part in siluer: one third in goods & one third part in puisions." Warrant for the collection of rates.
Copy of agreement, dated Jan. 22, 1673, between Capt. George Corwin, Edmund Batter, John Corwin and William Browne, jr., on the one part, and John Fiske of Wenham, carpenter, on the other part, that for 120li. to be paid them by said Fiske, in behalf of the town of Salem, in the same specie that was in his contract for building the meeting house in Salem, together with the payment of the several sums which each of them had disbursed more than what they had gathered, they discharged said Fiske of his contract and he them of their engagement; Fiske also agreed to make a flight of stairs up to the scuttle in the roof of the meeting house, that the plastering work as per agreement with the plasterer, should be completely finished, the underpinning pointed with white lime; Fiske was to have what was behind in the rates, he to collect them himself with the help of the constables, and whatever else is given by way of gratitude from them- selves or any others from other places, he should also have, etc. Wit: Walter Price, Joseph Gardner and Thomas Fisk.
Copy of the rates taken from the town records by Bartholomew Gedney, t recorder for the selectmen; Constable John Marston's part of the meeting house rate, 164li. 5s .; Constable Christopher Babadg's part, 150li .; Constable John Pease's part, 155li. 7s.
Thomas Fiske deposed that John Fisk came to Constable +Autograph.
92
SALEM QUARTERLY COURT
[Dec.
('apt. Thomas Marshall and Benjamin Parmiter had their former licenses renewed.
Capt. George Corwin, Mr. William Browne, sr., Leift. John Price, Mr. Edmond Batter, Mr. John Ruck, John Procter, Mr. John Gedney and Mr. Bartholmew Gedney had their licenses renewed.
Phillip Nowell dying at sea, intestate, Mr. Habbackuck Turner was appointed administrator of his estate, who made oath to the inventory of the estate left aboard the ship, and was ordered to bring in the perfected inventory to the next Salem court .*
Babadg to demand him to gather the meeting house rate several times and he neglected to distrain when he went with him. Sworn in court.
Special verdict returned.
*Inventory of the estate of Phillip Nowell, taken by Habb. Turner:f two blankits, 7s. 6d .; 1 wastcoate, 5s. 9d .; a coate and wastcoate, 8s .; a payre of shoos, 5s. 6d .; a bed sack and two shurts, 12s .; a wastcoate and drawers, 15s .; a coate and britches, lli. 18s .; a coate and wastcots, 19s. 6d .; wastcoat and briches, 17s .; a coat and Chest, 16s. 6d .; 5 1-2 mo. wages at 30s. p mo., 8li. 5s .; to 5 1-2 yds. of corse carsey, 16s. 6d .; 2 hhs. of brandy, 20li .; 1 quarter cask of brandy, 5li .; a small burding peace, 10li. 10s .; total 41li. 16s. 3d.
Inventory of the estate of Phillip Nowell, not brought in by Mr. Turner, taken by Richard Croade,t John Beckettt and John Pallett (also Pollard) brought in by Wm. Dicer, money in william Dicer's hands, 5li .; in my hands, for fish received of Good. Buckly, Ili .; due from John Archer, 1li .; due by Richard Flinder, 10s., due by Richard Maber & from Jon. Cliford, 10s., 1li .; due for 10 pr. of stockins sold to Hen. Rich. at 2s. 6d., 1li .; due from John Pollard for 2 1-4 yds. carsy, 5s. 7 1-2d .; due from John Pollard for 2 pr. woemen's stockins, 3s .; due by Mr. Habbacuck Turner, bookes, bed- ding & Cloathes, wch as I am Informed were sold at ye mast as ye manner of the sea in such cases is, 7li .; 3 very large Hogsds. of brandy wch ve sd. mr. Habbacuck Turner must give ac- compt of, - -; in the custody of Mrs. Mary English, I wt. Jackett new, I new wascoat, 1 black castor Hatt almost new, in my custody, 10 pr. womens' stockens at 18d., 15s .; 1 pr. of drawers, 3s .; 1 paceboard Hatt case, 1s .; 2 1-2 yrds. red carsey at 2s. 6d. per, 5s. 7d .; 1 pr. old worsted stockins, 1s. 6d .; 2 neck cloaths, 2s. 6d. A chest left in my hand, as +Autograph.
93
RECORDS AND FILES
1675]
At Boston, 6 : 9 : 1675, administration upon the estate of Abell Oseph, ship carpenter, who was slain in the wars with Capt. Lothrop, was granted to Mr. Edmon Batter, on behalf of and for the use of Jon. Oseph, his brother, living in Bostone with widow Johnson, and Hilliard Veren,t clerk of the court, was to pre- sent this to the court at Salem for confirmation, which was done .*
Capt. Thomas Lothrop being slain in the war against the Indian sand dying intestate, or not having left a formal will, Bethiah, his wife, was appointed administratrix of his estate and she brought in an inventory. There being some evidence of what the said Thomas Lothrop expressed concerning his mind and will in his lifetime, the administratrix was ordered to fulfill it accordingly.t
followeth, 2 pr. old silver buttens, 1s. 6d .; in money, 4li. 10s. 7 1-2d .; 1 pr. of falce sleeves & a remnant of fustin, 3s .; 1 loose broad cloath coat, lli .; an old pr. of drawers, 2s .; 1 pr. of camlett breeches, 12s .; 1 holland shirt, 5s .; 5 yds. wt. flanning at 18d. p yd., 7s. 6d .; 1 pr. wt. Jerzey stockens, 2s .; 1 new red rugg, lli. 10s .; 1 new Ivory comb, 1s. 3d. A very smale pr. of stilliards which he left in my house, & sd. they should be for the use of the house, 2s .; what is due to him from Mr. Turner for his wages ye Tyme he sayled with him, a smale pcell of pipes not valued. Debts owing by Phillip Nowell, to me William Dicer, 8s. 6d .; to Mr. Jonathan Corwin for Buttens, 1s. 6d .; to the constable of Salem for rates, to charges for drawing the Inventory & appraisers, -.
Said Nowell was drowned, Nov. 15, 1675, upon the coast of New England, from a vessel commanded by Mr. Habbacuck Turner, bound for Salem from France, and William Dicer, as attorney to said Nowell, petitioned for administration to be granted to him "that I may with a good conscience make an honest discharge vnto whomsoeuer of his relations most propperly claymeing the due of right thereto."
*Administration confirmed by Samuel Symonds,} Dep. Gov., and Daniel Denison.
¡Petition of Ezekiel Cheever, schoolmaster, to the court: "Whereas Capt. Thomas Lowthrop, who lately lost his life in ye service & cause of God & his countrey, being his wives' own, dear, naturall brother, dying intestate, & without issue, he humbly conceives himself on ye behalf of his wife to be ye true, naturall, proper heir of his estate left, & therefore his duty to make his humble address to this Honoured Court, #Autograph.
94
SALEM QUARTERLY COURT
[Dec.
that he may declare & legally plead ye same. To which end || he came | & attended ye court neer a weeks space, But ye Court by publick ocasions of ye Countrey being necessarily adjourned, he was forced to return home, & resolved (God willing) to attend ye Court, ye time appointed. But by yª providence of God, ye season being extraordinarily stormy, & himself under bodily infirmity, he could not possibly come without apparent hazard of life, limb or health. Yet had cautiously left order, & instructions for his son to appear for him in such an exigence which accordingly he did, though not in season, being by the same providence also hindred. So that the Honoured Court (no heir appearing) granted Admin- istration to his sister Lowthrop, according to what then appeared. But seing ye estate was not then setled, nor ye case fully issued, many things alledged being dark & dubious & nothing proved, & he hath much to say, to invaledate yt very writing given in, & ye seeming force of it. He humbly re- quests this Honoured Court, that being a party so neerly con- cerned, and interested, he may have ye liberty of making & pleading his claime, & title according to law. And for ye better securing of what shall be judged to be his right, he may be joyned together with his sister Lathrop in administration of ye said estate."
Bethiah Lowthropp's* statement: "My deare husband neuer spake word to me concerning the giuing of any of his Land Lying in the woods to his sister Cheeuers her children. But only that Lying in the woods about Snake hill. But seriously considering my deare husbands expressions I doe conclude he gaue the plaine & the pasture by it together with the Land at Snake hill to his sister cheeuer. for thus my dear husband was pleased to expresse himselfe to me as we Rode together to wenham the last spring in the week before the court of election. Speaking to mee concerning the disposeall of his land as he had formerly done, he said the house Lot I giue to the towne for the use of the ministrey not to any par- ticular person. But to the town for the use of the ministry hoping it will be an acceptable seruice to god. And as we were Riding ouer part of his Land belonging to Snake hill he said this Land here I intend for my sisters children except god take my Brother cheeuer away before my sister, then it shall be for her use as long as she liueth, & afterward for her children, whereupon I doe conclude he gave the other land mentioned which lyeth but a little way from it to his sister, else that at Snaak hill would not be so usefull for my sister if god should be pleased to take my Brother away before her, & so I haue faithfully declared what I apprehend was my hus-
*Autograph.
95
RECORDS AND FILES
1675]
bands will & pleasure concerning this matter which he said he did intend to put in writting. But the prouidence of god was pleased to prevent it in calling him forth upon public service."
Bethiah Lowthropp's* statement: "Whereas it is ex- pressed By my Honoured Brother Mr Ezekiel Cheeuer that my deare husband did not willingly take Sarah gott into his house but was perswaded & preuailed with by others to doe it, Humbly Requesting leaue, I shall humbly present the Honoured Court with the whole truth concerning this matter. When the childs mother was dead my husband beeing with mee at my cousins buriall & seeing our friends in so sad a condition the poore babe hauing lost its mother & the woman that nursed it being fallen sick, I then did say to some of my friends that if my husband would give me leaue I could be uery willing to take my cousins little one and nurse it for him a while till he could better dispose of it. whereupon the childes father did mooue it to my husband. my deare hus- band considering my weaknesse & the incumbrance I had in the family was pleased to Returne this Answer. hee did not see how it was possible for his wife to undergoe such a burthen. the next day their came a friend to our house a woman which gaue suck & she understanding how the poore babe was left beeing Intreated was willing to take it to nurse and forthwith it was brought to her. But it had not bin with her 3 weekes before it pleased the Lord to visit that nurse with sicknesse also and the nurses mother came to me desiring I would take the childe from her daughter, and then my deare husband obseruing the prouidence of god was freely willing to Receive her into his house. But she was then Received only as a nurse child & so she Remained aboue a quarter of a yeare before her father did tender her to my husband to accept of her for his Adopted Child."
Left. William Dixie deposed that coming to Capt. Law- thrope's in the time of his last sickness, Mrs. Lawthrope and Mrs. Got went out of the room, and Capt. Lawthrope said to him, "I am glad you are come for I would have you to take notice: that I give unto my wife all my estate so long as she liveth: and after her decease I giue unto the Ministry of Beverly: my tenn acre lott at home and my house upon the same." Upon asking him if he had acquainted his wife with it, he said he had and that she approved of it. Also he said he gave the ground in the woods to his sister Chevises children. Sworn in court.
"My wife affirms that her brother hath oft spoke in her hearing dissatisfiedly concerning Noak Fisk being brought to his house, when his mother was very weak, & not able to
*Autograph.
96
SALEM QUARTERLY COURT
[Dec.
look after him being very weak also, yt he never knew upon wt termes he kept him, & wondred what they did intend to do, she saith Lieut. Dixey told her, my brother told him when he had brought him up fit to go to apprentice, he had done, he should do no more." [Testimony of Ezekiel Cheever?]
Reasons for the claim of the wife of Ezekiel Cheever: "1. It does not appear, that my brother ever set himself seriously, as the thing requires, to make his last will. But all that is said, is, that he expressed such and such purposes at such times, but purposes and actions are different things. 2. No man but in case of absolute necessity, when he is surprized by sudden weaknes and inability, will make such a nuncupative will, and then he will do it in the surest and strongest way that may be, by positive and peremptory declaring it his last will, and confirming it by sufficient witnesses that are legall. But in this case no such thing is found. 3. The persons testi- fying in this case are persons concerned and interested, and not so competent witnesses in law in any case, much lesse in such a weighty one, as a last will and testament. Beside they agree not in their testimony, but in some things directly con- tradict each other, which does demonstrate that either they mistook my brother, and he never expressed such purposes and desires, or that his purposes and desires altered. 4. It seems to be an act of prudent and deliberate choice in my brother not to make a will For (1) He was oft importuned to it by my sister, but did it not. (2) He had warning of death by a long and dangerous sicknes last winter, in which, after some degree of recovery, he had severall relapses. (3) After that by the mercy of god he was recovered to perfect health, he had time sufficient for such a work, if he had judged it expedient. 5. I conceive that the true reason of his not making a will was, he could not do for his own sister, and her children, what he thought was most just and right, and they might be likely to need after the decease of his brother Cheever: but he should displease his wife, and her relations, who would be expecting more, though he had done in his lifetime so much for them: and nothing for his sister and her children. And he well knew the equity and justice of the law which makes provision for the widow and the next of kin, but nothing for strangers, as also the faithfullnes of the magistrates in doing things according to law. 6. The matter which they testify is so unjust and unreasonable, that none that knew my brothers goodnes and love will beleive, that my brother would be so unnaturall to preferr strangers before his owne naturall sister and her children, whom he so dearly loved, as many that knew them both can abundantly testify. 7. My Brother, when he brought his sister from England with
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