The Probate records of Essex County, Massachusetts, 1665-1674, Part 43

Author: Massachusetts. Probate Court (Essex County); Essex Institute; Dow, George Francis, 1868-1936
Publication date: 1916
Publisher: Salem, Mass., The Essex Institute
Number of Pages: 544


USA > Massachusetts > Essex County > The Probate records of Essex County, Massachusetts, 1665-1674 > Part 43


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Mary Bishop, aged about sixty-four years, deposed that she often heard her husband Richard Bishop say during the time that she lived with him, that after her decease he desired his son Thomas Bishop to enjoy his dwelling house, orchard and ground in Salem, about two acres, only he would reserve half an acre of it to dispose of as he should afterward wish, also that his said son should have all his upland, half an acre of salt marsh in the North field, all of which the said son should not dispose of but should leave it for his son Richard after him. Often pressing her husband to say what he would give to his sons at Long Island, he replied that he would give them nothing, that they had been very unkind to him, and would never come near him nor send him anything though they were very well able and had no need of anything of his. De- ponent also heard her husband say the day before he died that his son Thomas should have all that he had for reasons he had at several times given, and that he would give his grandchild Mary Durlan half an acre of land in his home lot after the decease of deponent. Sworn, 29: 1: 1675, before Wm. Ha- thorne, assistant.


Richard Croade, aged about forty-six years, deposed that being in the chamber with Goodman Bishop the night before he died, the latter asked for Goodman Robbins and deponent to witness how he disposed of his estate. He gave his son Thomas all except what John Durland had purchased and his grandchild Mary Durland should have a half acre at the upper end of the lot because he said she might marry a trades- man or a seaman and would want a piece of ground to set a house upon. Also that he would have his grandson Richard inherit from Thomas on account of his name, etc. "And being askt by Goodman Robbins if he did not remember what he had said to him who should have his upland & his halfe acre of salt marsh in the north field, Goodman Bishop replied that that was a ly whoeuer told him so the salt marsh was his owne he had bought it with his money & the upland was his owne & he might sell it if he would & he did not know but he might liue to spend it, and being pressed about it telling him that his Land would be neuer the Farther from him, if he


THE PROBATE RECORDS OF ESSEX COUNTY. 435


liued he might make another will when he would, his Answer was he did not loue to tell of things so long before hand . . . & for his son Nathaniel if he had not bin a churle he might haue sent him something for he said he killed Twenty Fatt hoggs in a yeare & had Thirty bushells of wheat in a ycare, but never sent him so much as a bushell of wheat nor a side of porke why Answer was made him that if he gave them nothing they might receive childrens portions; he replyd that if the Court should alter this there was an end of that & so he said he was almost spent & desired the company to de- part." Sworn, 29: 1: 1675, by Croade and his wife, before Win. Hathorne, assistant.


Thomas Robbins, aged about fifty-five years, deposed. Sworn, 29: 1: 1675, before Wm. Hathorne, assistant.


John Bligh, aged about thirty-six years, deposed that the night before his father Bishop died, etc.


Essex County Quarterly Court Files, vol. 24, leaves 63-68.


ESTATE OF JOHN HEATH, SR. OF HAVERHILL.


"Dec: 28th 1674: The Last will & Testamentt of John Heath Senior ||of Haverhill || videlisitt as followeth, my will is that all my Just debtes & charges I have bin att sence I haue bin in my Cousen John Heaths house to be paid out of my Estate, & alsoe any other Just debtes that I owe to any man, my will is I doe giue fourty shillings to ye church of Haverhill for the churches use to be paid after my decease, I doe alsoe giue fourty Shillings for the use of the Collidge at Cambridge to be paid after my decease Item I giue fourty Shillings towards the procuring of a minester for the church of Haverhill after m": wards decease this to be paid to the church after my decease Item I giue fiue pounds to my Couzen matha which was my couzen Joseph Heaths wife, which is now the wife of Joseph Page. Item I giue to my- Couzen John Heaths Son, Bartholmew a two yerling Colte Item I giue to my Couzen Joseph Heath ten pounds if hee liue to com to age of twenty one yere if hee dy before then to be geven to the next of my Couzens


"Item I gine to Josias Heaths son Josias, a little colt of about a yere old Item I giue to Sias Heath fiue acrese of Land in the plaine & one acre & halfe more in the plaine at Haverhill, Item' I giue to my Couzen John Heath my East meadow Contayneing aboute Six acres all the rest of my out lands & meadows I leaue to my Brother Bartholl: Heath for


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THE PROBATE RECORDS OF ESSEX COUNTY.


hee to dispose as hee shall see Cause Item I give a little calfe to my Couzen Sarah John Heaths wife I giue to Sias Heath my Coate & a paire of drawers the rest of my cloths & beding I giue to my Couzen John Heath, my will is my Brother Bartholomew to bee my Executor, to all this aboue written I Sett to my hand & Seale."


John (his [] mark) Heath, Ser. (SEAL)


Witness: Thomas (his I mark) Davis, William White, Samuel Gilde.


Proved Apr. 10, 1675 by Thomas Davis and Wm. White before Nath. Saltonstall, Com".


Inventory of the estate of John Heath, Sr. of Haverhill, deceased Jan. 17, 1674, taken Feb. 2, 1674 by Thomas (his O mark) Davis and William White: Samuell Sheapard is in- debted for house & land it remaine behinde aboute, 21li .; Joseph Peasly for land in the lower plaine about 28li .; in Bartholl. Heaths hands his owne Brother, 14li .; a mare Sias Heath had of ye sd. John Heath behinde about, 1li. 10s .; Samuell Watts, 6s. 3d .; Robertt Clements about 1li ..; land in the lower plaine 6 aceres & halfe, 26li .; Six acress of meadow in the East meadow, 24li .; a gray mare, 2li. 10s .; a coult 2 yer & vantage, 2li. 10s. ; a little yerling colt, 1li. 6s. 8d .; two cowes, 8li .; calfe, 12s .; his wearing apparell & beding, 5li .; tubs, traies, potts, sadle & other implements, 4li .; milli- tary matters, 2li .; mony, 7s.


Essex County Probate Files, Docket 13,019.


ESTATE OF JOHN BOND OF HAVERHILL.


"The Last will & Testament of John Bond of Haverhill made October the 31th : 1674 : In order to the disposall & set- tlement of that estate which the Lord of his goodnesse hath lent mee, I John Bond of Haverhill, being weake in body, & expecting my change & dissolution; but being of good & perfect memory, doe hereby declare this that shall be here- after declared to be my Will, & duely to be observed after my Decease. That is to say. 1st : I will & order that all my Law- full debts shall be truely & honestly paid, & my body decently interred, there to waite for its Resurrection unto Glory through the faith & hope which I haue in Jesus Christ my Saviour. 2dly : I give and bequeath unto Hester Bond, my beloved wife, the full half of all my houseings, orchards, pastures, arable lands, & meadows; and of each distinct par-


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cell; and the half of that house that is yet to be finished ; dureing her naturall life; which shall after her decease re- turne into the hands of my Son Joseph. 3dly : I give unto my said wife as a free gift one of my Cowes, called Blossome, or any one of the Cowes which shall be liveing after my death ; shee being to make her owne free choice; & to have roome if she please to keepe the same in any houseing that shall to that end be erected on my land. 4thly : I give unto my said Wife, dureing her naturall life the full improvement and use of all my household stuff, which at her death shall be at her disposall, provided only that what is left at her death of the household goods shall by my said wife be given to one or both of my Daughters, named Mary and Abigall, as my wife shall see meet. 5thly : I give also to my sd : wife one Sow, shee makeing her choice of what I leave; and I give her also two of the spring piggs or shotts; which shee shall choose of them.


"6thly : I give unto my two Daughters Mary, & Abigaill Six pounds a peece to be paid in corne & neat cattle within two yeares after my decease. 7thly : I give to my Daughter Hester Chase twenty shillings : 8thly : I give to my Son Joseph all the other part of my estate as houseing, land, meadowes, & liveing stock, not particularly disposed of by this my last Will; he paying all debts that are due from mee; out of that his owne half in the first place, without medling or dispose- ing of any of wt is above mentioned & left with his Mother. 9thly : I will that my executor shall out of my estate which is disposed of to himself; & out of wt other estate I now, or at my decease shall have we is not particularly disposed of, pro- vide suffitient provision for my said wife for one full yeare next after my decease, & shall also make good what ever I have absolutely given by this my Will to my sd : wife and three Daughters; out of what estate I leave in his hands at my decease, according to the true intent of the articles abovewrit- ten 10thly : I doe hereby constitute and appoint my Son Joseph to be my sole executor of this my last will, & testa- ment; and to pay all my debts and to make good all the lega- cies which I have hereby given; and in case my said Son shall refuse the place as executor, and to doe as I have herein ordered ; then my Will is that my present wife Hester Bond shall be my sole Executrix, and have the whole of my estate putt into her hands, she paying all my debts, and legacies, & upon my said Son Josephs refusall of Executorship, I will


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that my said Wife shall give my said Son the sum: of ten pound; and then what I had formerly given and left to my said wife, & Son of houseing, lands, & meadowes shall be the one half of it at my wifes : absolute disposall at her death, provided shee give the other half, before or at her death to my said two daughters Mary & Abigail. 11thly : I absolutely & freely give unto my wife, a booke in folio, which I have of Mr Perkins his workes. 12thly : I will that my Son Joseph refuseing to be my Executor, shall have noe father interest in my estate then the ten pound which my wife, takeing the place which he refuseth, is hereby ordered to pay to him my sd: Son. In witnesse unto, and for comfirmation of the twelve foregoeing articles to be my last Will and Testament, which in the name of Christ my Redeemer I beseech my Ex- ecutor, or Executrix to observe; according to ye true intent of them ; I the said John Bond doe hereunto sett my hand, & seale this one & thirtieth of October 16 hundred seaventy & foure."


John Bond (SEAL)


Witness : Nath. Saltonstall, John (his t mark) Williams. Proved in Salisbury court Apr. 13, 1675 by Capt. Nath Saltonstall and John Williams.


Inventory taken Dec. 17, 1674 by Robert Clement and John Griffing: A houes & A freme, barne & orchard, 40li .; 50 Acurs of land within fenes, 150li .; 8 Acurs of medow at duck medow, 16li .; 2 oxen, 11li .; 3 Cowes, 11li .; 3 3 yere olde hefers, 7li. 10s .; mare, 3li .; 8 swine, 2li. 14s .; Iorn worck for husbandry, 1li. 12s. ; Inian corne, thrashed & unthrashed, 3li. 12s .; whete, 6 bushills, 1li. 10s .; A cheese pres and other wodin were, 14s .; beefe & porcke in the seller, 4li. 10s .; hoopes, 2li. 5s .; wering aparill wollin & Lining, 6li .; the standing bed, beding and other furniture, 12li .; puter, bras & Iorn housall stuf, 5li. 3s .; bedstedes, coburges & other wodin were in the howse, 2li. 5s. ; pine bordes, 4li .; in Aman- ishan, as picke, sorde & belt and buf cote, 1li. 10s .; A bill of sam. Lad, 3li. 4s. ; bill due from Danll. Lad, jun, 40li.


Attested 13: 2: 1675 by Joseph Bond, executor.


Essex County Probate Files, Docket 2,788.


ESTATE OF WILLIAM SARGENT, SR. OF AMESBURY.


"In the name of God Amen the 24 day of Marche : 1670-71 I William Sargent of ye town of Emsbery in ye County of


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THE PROBATE RECORDS OF ESSEX COUNTY.


Norfolk Massechusets in Newengland: Seaman: being in pritty good health of body, & of sound, & pfect memorie (praise bee giuen to god for ye same) & knowing ye vncer- tenty of this life on earth, & being desierous to settle things in order doe make this my last will & Testamt in manner, & forme following : That is to say. First & principally I comend my soule to Allmighty God my Creator assueredly beleiuing yt I shall receive full pardon & free remission of all my sinns & be saved by ve prcious death & meritts of my blessed Savior & Redeemer Christ Jesus, & my body to ye earth from whence it was taken to bee buried in such decent & Christian manner as to my Executors, hereafter named shalbe thought meet & convenient: And as touching such worldly estate as ye lord in mercy hath lent mee my will & meaning is ye same shalbee imployed & bestowed as hereafter by this my will is expressed, And first I doe revoke, renounce frustrate & make voyd all wills by mee formerly made & declare & appoint this my last will & Testamt Item I giue & bequeath: to my grandchild William Challis fiue pound: & to my grand childeren : Elizabeth, Lidia : Mary: & Phillip watson Challis to eache of them twenty shillings: Item I giue & bequeath vnto my Grand childeren: Dorethie, & Elizabeth Colby: to each of them twenty shillings: Item I giue vnto my grand- child William Sargent thirty shilling Itt I gine & bequeath vnto my Daughter Elizabeth ye wyfe of Sam11 Colby fiue pound : Item I giue all ye remaynder of my estate (these my legasies : & my funerall Charges being first payd) vnto my daughter Sarah both howsing & lands: chattells & other moueables wtsoever ; alwayes pvided that if she die, wthout childeren : that then ye howsing & lands to bee equally di- vided : vnto my fower Childeren herafter named i. e. : my sons Thomas & William : & my daughters: Mary and Elizabeth : Item. I do constitute ordaine & appoint my sone Thomas Sargent, & my daughter Sarah Sargent, Executors vnto this my will & Testamt: & doe make my loueing brother in law mr Tho: Bradbury : & my Esteemed friend Major Robert Pike, my overseers, to take care that this my will may bee pformed according to ye true intent & meaning therof: And to this my last Will & Testamt: I doc herevnto sett my hand & seale ye day & yeare aboue named."


William Sargent. (SEAL)


Witness : Tho. Bradbury, Mary (her MB mark) Bradbury, John Bradbury.


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THE PROBATE RECORDS OF ESSEX COUNTY.


Proved in Salisbury court Apr. 13, 1675 by Tho. Bradbury and Jno. Bradbury to be the last will of Wm. Sargent, Sen.


Inventory* [of the estate of Willi. Sargent, Senr: copy] taken by Thomas Sargent and John Weed :


[housing & lands about ye : copy] house [& oarchyard on both sides ye Contrey way: copy] 85li .; [Halfe ye lott in ye tide : copy] meadows. 16li .; [A higledee pigledee lot in ye salt marsh : copy], 25 li .; [A lot lying in a place : copy] commonly called ye Lyons mouth, 5li. [10s .; A lot in ye great Swamp: copy], 2li .; [A lott in a place commonly called : copy] Bugmore, 4li .; [a payer of Oxen : copy], 12li. 10s .; [Two Cowes & a Calfe, 7li. 6 .; mare & a two year old horse, 3li. 10s .; Two 3 year old heiffers, 6li. 10s .; eighteen sheep & Lambs: copy], 6li .; [five Swine: copy], 2li. 15s .; [A cheyn & wedges, tenant saw &: copy], severall other Iron things, 2li. 5s .; [2 Iron potts, 2 tramells : copy], spit, dripin pan, [frying pan, 2 kettles: copy], warming pan & [other Iron things : copy], 2li. 10s .; [4 peuter platters wth : copy] other peuter things & Tin, 1li .; [Earthen ware & wooden platers : copy] & dishes & trayes, 3s. ; [hogshead barrels, tubs : copy], Celers wth other wooden things, 12s .; [table, Cubard & seats : copy ] belonging to ye house, 1li. 5s .; [bed, bedstead, 2 sheets : copy ], 4 blankets, rug & curtin, 7li .; [bed, bedstead & cur- tains: copy], truckle bed & beaden [3li .; 3 chests, bible, sheep shears & : copy] other [small : copy] things, 15s .; [wool- len yarne : copy], 5s .; [lace, Incle & cot: copy] ten yarne, 1li. 10s .; total, 196li.


[Inventory taken as it was given in by Tho. Sargent 8: 2m : 1675 by us. John Weed.


The following came to our knowledge after the apprizement : one sheet, Tow yarn 5 pound, one payle, two ston juggs, smoothing Iron, Carpett, firkin of soap, one blankett, one pillow.


Attested in Salisbury court Apr. 13, 1675 by Tho. Sar- gent. copy]


Essex County Probate Files, Docket 24,708.


Sarah Sargent (her SS mark) of Eamsbery, maiden, was, by her father, William Sargent of Eamsbery, lately deceased, appointed executrix of his will with her brother Tho: Sar- gent, which will was proved in court at Salisbury April 13, 1675, and she now appoints her said brother to act for her as said executrix, April 14, 1675. Witness : Tho. Bradbury and


* Copy Norfolk Records, vol. 3, part 2, pp. 6, 7.


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THE PROBATE RECORDS OF ESSEX COUNTY.


John Bradbury. Acknowledged May 10, 1675, before Robert Pike, commissioner. Norfolk Deeds, vol. 3, leaf 11.


ESTATE OF EDWARD FRENCH, SR. OF SALISBURY .*


"In the name of God And by his Assistance; I Edward French of Salisbury in the Countie of Norfolke minding the many warnings of my Mortalitic, by reason of my great Age and other infirmities, together with the Sudden changes, fre- quently befalling, sundry of the precous Seruants of God, and others, both old and young, weak and strong, According to diuine institucon, doe therfore comit my Soule, Body and Spirit, both in life and in death, into the Everlasting Armes, of God All sufficient, my most heavenly father; And to Jesus Christ, my Alone Sauiour, And Euer blessed Redeemer ; thorough the power and presence, of his Eternall Spirit: My body to the Earth, from whence its Originall was taken, de- cently to be interred, by my Executrix or Executors hereafter Expressed : in hope of A happie and ioyfull resureccon, in the great day of the Man Christ Jesus, the Judge of All both Quick and dead, to whom be glory for Euer Amen And for such good things of this world, As in my pilgrimage here, it hath pleased God of his rich mercie to comit to my care and stewardship : After my iust debts and funerall Expences dis- charged, I Giue And dispose (as much as in mee lieth) in maner As hereafter Expressed. First I Giue and bequeath unto my Grandchild, Joseph French the Eldest Son of my Son Joseph French All that my Six score Acres of upland, lying and being Aboue the Mill; by the Mill Riuer, being my part of All that diuision, Aboue the mill be it more or less ; together with my parcell or lotment of marsh or meadow ground by the Beach, Called my Sweepage : the Sayd upland and marsh or meadow ground I Giue to my Sayd Grandchild And the Heirs of his body that shall lawfully be begotten, their Heirs and Assignes foreuer ; at his Age of twentie fowre years Compleate; or at such other time before, after he shall come to the Age of one and twentie years, as his sayd father, or mother (in case of his father's death) shall iudge meet and necessary, And it is my Will and Mind that my Son Joseph and his wife shall haue the Sole use of the Sayd upland from the time of my decease untill my Sayd Grandchild shall Ariue to the Age of twentie fowre years As Aforesayd. And in case my Sayd Grandchild Joseph French shall die without Issue of his body As Aforesayd, then my will is, that the


*Norfolk Records, vol. 3, part 2, pp. 1, 2.


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THE PROBATE RECORDS OF ESSEX COUNTY.


sayd upland And marsh or meadow ground, shall be, And remayne the inheritance of Symond French the Second Son of my Sayd Son Joseph French, And to the Heirs of his body, lawfully begotten, And for want of Such Issue of his body to his brother Edward And the Heirs of his body, their Heirs And Assignes for Euer. Secondly to Symond French, the Second Son of my Sayd Son Joseph French I Giue And bequeath, that part of my five hundred Acres of land, that remayns in my handes, As Allso that part, of my twelve Acres of upland remayning in my hands, I Allsoe Giue and be- queath unto him the Sayd Symon French, that peece of my land, called the Long peece, to him and the Heires of his body lawfully to be begotten, And for want of such Heirs, the Same to be and remayne, to his brother Edward French, And to the Heirs of his body lawfully to be begotten, their Heirs And Assignes for Euer. And it is my will that my Son Joseph French shall possess and Improve the two parcels of land first menconed untill his Sayd Son Symon shall come to the Age of twentie fowre years, vnless he shall find cause and think meet to possess him before the time prefixed, the which he hereby hath libertie to doe: And for the other fore men- cioned parcel to him the Sayd Symon French bequeathed ; my Will is, that my Executrix for the present And After her decease my Sayd Son Joseph French shall inioy the Same, for, and during their lives, And After them, to be and re- mayn to the Sayd Symon French his Heirs and successors As Aforesayd.


"Thirdly to John French, the Eldest Son, of my Son John French I Gine And bequeath my thirtie Acres of Upland in Hall Farm, with the meadow ground belonging [to it: copy] Allso my fowre Acres of meadow, in the cow-comon, with my peece of Salt marsh called my first [higley : copy] pigley, when he shall come to the Age of twenti fowre years Com- pleate, till which time my Will is that the sayd upland, with all the profits therof shallbe in his fathers hands And to his Sole use, unless his Sayd father shall See good Soner to Con- ferr it upon him, And that the meadow And marsh, shall re- mayn in the hands of my wife, or to her use and dispose for her life, And After her in the hands of my Sayd Son John French, and to his use As before Expressed for the upland till his Sayd Son John shall come to the Age of twenti fowre years, from which time, the Sayd upland, meadow And marsh, shallbe and remayn, the inheritance of him the Sayd John French my Grandchild And the Heirs of his body lawfully


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to be begotten ; their Heirs And Assignes for Euer. Fourthly to Samuel French the Eldest Son of my Son Samuel, I Giue And bequeath All that my land lying between my orchard, And the street; As Allso All my land lying betwixt the long pece and Joseph Flechers land, to the end of the orchard, And So Along by the rayles to his fathers land, All the Sayd land to be the inheritance of him the Sayd Samuel at his Age of twentie fowre years; unless it happen to he in his fathers hands After my wiues decease, to whom and whose dispose I Giue it during her life And After her to my Sayd Son Somuel till his Sayd Son Samuel come to the full Age Afore- sayd. Fiftly. Unto the Son of my Son John, now newly borne I Giue and bequeath, that part of my fiue hundred Acres of land, which his father doth now possese or inioy, To Have And To Hold when he shall come to the Age of twentie fowre years compleate, to him And to the Heirs of his body lawfully begotten, their Heirs And Assignes for Euer: And it is my Will that the Sayd land, with All the profits therof shall be And remayn to the use of my Sayd Son John till his child come to the Age Aforesayd, unless he See meet to conferr it upon his Sayd child before: Sixtly: to Edward the Son of my Son Joseph I Giue Eight Pounds: to my daughter Phil- brick three pounds || and to her two Sons thre pounds A peece that is John white and Will: Philbrick||: to An, the daughter of my Son Joseph French three pounds: to Mary : Hannah and Sarah the daughters, of my Son John French three pounds A peece : to Abigail and Hannah the daughters of my Son Samuell French three pounds Apeece, the sayd daughters of my Sayd Sons to be payd by their respectiue parents out of the Estate of mine put into their hands to that End when they shall come to the Age of twentie years or be- fore, as their parents shall see good After they come to Eighteen years of Age Apeece compleate : my daughter Phill- brick to be payd by my Executrix within twelve months After my decease : And the Eight pounds to Edward to be payd by his father out of my Estate in his hands, As Aforesayd at his Age of twentie fowre years or before at his fathers pleasure :


"And if Any of the legatees dye before they receive the legacies hereby giuen them, the Suruiuours to haue it Equal- ly Aporconed Among them. My stinted Comons I Giue three to my son Joseph : three to my Son John and two to my Son Samuel, And to the Heirs of their bodies respectively, their Heirs And Assignes for Euer, Allso my unstinted Comons I


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THE PROBATE RECORDS OF ESSEX COUNTY.


Gine to my foresayd three Sons, And the Heirs of their bodies, their Heirs And Assignes for Euer. Lastly I hereby reuoke And disanull All former or other Wills by mee, at Any time made, respecting the premises Aforesayd, And doe Nominate Ordayn And Apoint An my Beloued wife to be the Sole Ex- ecutrix of this iny last Will And Testament in Witness wher- of; I the first Aboue named Edward French haue hereunto put my hand and Seale the tenth day of the Second Month called April One Thousand Six hundred Seauentie And three, with this Added that All my housing, yards, orchards, back- sides, Upland, marsh or meadow ground, now in my own hands and occupacon not formerly in this my Will disposed of I Giue unto my wife during her naturall life And After her decease to my Son Samuel and the heirs of his body lawfully to be begotten, their heirs and Assignes for Euer. Excepting the long peece menconed in the Second Article . . . the meadow in the Addition menconed is only my fresh meadow containing fowre Acres more or less."




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