USA > Maine > Maine wills. 1640-1760, Vol. I > Part 26
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MAINE WILLS.
sent them if it should happen that they or either of them should depart this Life before A Division be made Except- ing & reserving what I have in these Presents given to my Wife Dorcas Cutt During her Widowhood.
Item I Give & Bequeath to my well-beloved Daughter Elizath Whipple to her, her Heirs & Assigns for ever besides what I have already given her all My Land called by the Name of Tong's Farm and what other Lands I have Joining thereunto that was laid out to me by vertue of town Grants from the Inhabitants of Kittery together with the buildings that are thereon. And also my part portion, or share of Sixty Acres of Land lying in the township of Kittery that was Nicholas Frost's of Kittery formerly Decesd. And also one fourth part of the Land that I have had laid out to me in the township of Berwick or shall or may hereafter have laid out to me either in Berwick or Kittery by vertue of town Grants from Kittery or Berwick. And also one fourth Part of all the Right title Interest Property & Claim which I now have or hereafter may have as A Proprietor in Kit- tery in the Common & Undivided Lands in the townships of Kittery & Berwick freely to be Possessed & Enjoyed by her, her Heirs & Assigns for ever Excepting & reserveing what I hate in these Bsents given to my beloved Wife Dorcas Cutt during the time of her Widowhood :
Item. I do by these Presents Constitute, make & Ordain my dearly beloved Wife Dorcas Cutt my Sole Executrix of this my Last Will & testament. And I do hereby Disallow Revoke & disanull all and every former Testaments, Wills, Legacies and Bequests & Executors by me in any ways before named Willed & Bequeathed, Ratifying & Conferming this and no other to be my last Will & testament. In wit- ness whereof I have bereunto Set my hand & Seal the Day & Year above-written.
,
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MAINE WILLS.
memorandum'yt ye words Represent & out were interlined before Signing & Sealing hereof R C
Signed Sealed Published
Robert Cutt (Seal)
Pronounced & Declared by the said Robert Cutt as his
last Will & testament in the presence of Us the
Subscribers. John Newmarch Thomas Cutt Samuell Newmarch her Susanna X Newmarch mark
Probated 21 Oct. 1735.
Probate Office, 5, 14.
In the Name of God Amen. To all Christian People whom it may concern/ Know ye that I Sam" Webber of York, being in my right mind ; for good Reasons me hereunto mov- ing, Do this Day make this my last Will and Testament.
Imp$ In the first place I Do committ my Immortal & pre- cious Soul unto God, who gave it me ; as unto a Faithful Crea- tor : And my Body to the Durst, & at my Dece'se to be decent- ly buried in hope of a glorious Resurrection at the last Day.
It. I make & appoint that my Dear & wel-beloved Wife Elizabeth be my Sole Executrix ; & that she first pay the whole of my Just Debts with my Personall Estate : but if there is not not sufficient personal Estate to Discharge them then that A part of the Real Estate be sold for that purpose & that my beloved Wife have one third of the whole of my Estate both Real & Personal after all my Just Debts are paid.
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MAINE WILLS.
It. I give & bequeath unto my Eldest Son Sam" twenty five Acres of my Home Lott, with A fifth part of the Hous- ing & Barn ; as also A fifth part of the Nine Acres of fresh Meadow Land, that I have at ye great Marsh so called.
I. I give & bequeath unto my Son Gershom, thirty Acres of my Home Lott, with the fifth part of my Housing & Barn as also A fifth of the Nine Acres of Fresh Meadow Land that I have at the great Marsh so called.
It. I give & bequeath unto my Son Nathan" twenty five Acres of my home Lott, as also A fifth part of Nine Acres of fresh Meadow Land, which is at the great Marsh.
It. I give & bequeath unto my Son Joseph twenty five Acres of my home Lott : as also a fifth part of Nine Acres of fresh Meadow Land lying at the great Marsh so called.
It. I give & bequeath unto my Son Paul five Acres of my home Lott as also a fifth part of Nine Acres of fresh Meadow Land lying at the great Marsh so called.
It. I give & bequeath unto my Daughters Bershebe, Mercy, Abigail Sarah Dorcas & Elizath Each of them ten pounds to be paid to them by my Sons, when they enter into posses- sion of the Lands above mentioned.
It is my Will & Intention that my beloved Wife Elizath Do keep Possession of the whole of my Estate both Hous- ing & Lands untill my Youngest Son Paul Do come to ye & Age of twenty one years-And then & not till then, all my Sons as Abovementioned, shall come into possession of their respective Portions & Divide it amongst themselves as they can Agree : or if they cannot agree concerning the Division : that then they call in the help of 2 or 3 Indifferent Persons & abide by their Judgment.
Furthermore it is my Will & pleasure : that not any of Sons do sell any part or the whole of the Lands, Housing and Meadow to any Stranger whatsoever or Do make any Exchange or any ways convey or aliene to none : Excepting this : that they have Liberty either to sell or Lett any part or the whole either of the Housing or Lands bequeathed on
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366
MAINE WILLS.
the Other side by this Instrument. But Brother may Lett or sell to Brother but to no other.
I' I give & bequeath unto my Daughter Mary twenty shillings to be paid by my Sons when they take possession of the Lands given them as above.
In testimony of my consent to the whole of this my Last Will & Testament I have hercunto set my Hand & Seal this 25th Day of March 1735. Samuel Webber (Seal)
Witnesses to Sam" Webbers signing
Sealing & Delivering this his last
Will & Testament.
Wait Webber
Elias Weare
Alexander Bulman
Probated 29 May 1735. Inventory returned at £1124:3:1, by Samuel Clark, Eliakem Wardwell and John Woodman Jr, apprisers, 19 Sept. 1735.
Probate Office, 5, 16.
In the Name of God amen the tenth Day of April Anno Domini 1735 I Nathan" Leman of York in ye County of York, being sick in Body. but of sound Mind & not know- ing how soon it may please God to take out of this World by Death I Do resign my Soul to him in hope of Eternal Life. «And as to my temporal Interest & Estate I Dispose thereof in Manner following Vizt
Imp3 My Will is that all such Debts as are Due from me to any Person shall be well & truly paid in Convenient time after my Dece'se/ And for ye payment there of I Do Give unto my Dear & Loving Wife Mary Leman (whom I hereby make the sole Executrix to this my Will) full power to sell & Dispose of all or any part of my Estate Real or Personall in York aforesd or in any other place or places wheresoever & ye Deeds or Conveyances that she shall make & Execute
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MAINE WILLS.
Concerning ye same shall be as Good & Valid in Law as if I my self had made & Executed the same in my Life time.
Item. My Will is that my Executrix (after she shall have paid all my Debts) shall pay & Deliver to Each of my Chil- dren Namely John, Samuel, Daniel, Ebenezer, Mary, Sarah, Elizath & Hannah A New Bible to be given or Delivered to them when they Arive to ye Age of Eighteen Years or Marriage respectively or sooner if she pleases.
Item. I Give & bequeath unto my Loving Wife Mary Leman aforesd all ye rest & residue of my Estate rights titles & Interest Real & Personall wheresoever & whatsoever for Her Comfortable support & the support of my Children & . to be Disposed of by Her in such Manner & at such time as she shall see meet & to whome she please She having by force of this my Will A fee simple in the same.
Lastly. I Do hereby pronounce & Declare this & No other to be my Last Will & testament utterly revokeing & Declareing to be Null & Void all former & Other Wills tes- taments Legacies & bequests by me before made. In Wit- ness whereof I the said Natha" Leman hereunto set my hand & seal the Day abovesd.
Nathan" Leman (Seal) Signed Sealed Pronounced & De-
clared by ye said Natha" Leman
to be his last Will And testament
in presence of,
Benjamin Harmon
Catharine Harmon his Francis X Gray mark Noah Emery
Probated 11 Nov. 1735. Inventory returned at 6336: 13: 8, by Joseph Holt, Benje Her- mou and Noah Emery, appraisers, 20 April 1736.
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MAINE WILLS.
Probate Office, 5, 32.
To all People to whom the psents shall come Greeting. Know ye. that I Josiah Winn of Wells in ye County of York in the Province of ye Massachusetts Bay in New England Yeoman, being tho weak of Body yet of A sound & well Disposing Mind & Judgment Committing my Spirit unto God the Father of it thro Jesus Christ & my Body into the Hands of my Executors hereafter named to be by them Decently interred in hopes of A Blessed Resurrection. Do Will & Dispose of the temporal Estate with which God has been pleased to bless me in the following manner Viz :
1 : My Will is that all my Just & Honest Debts together . with my Funeral Charges shall be paid out of my Estate by my Executors hereafter named.
2. I give & Bequeath unto my well beloved Wife Mary Winn, fifty pounds which I will shall be paid unto her by my Executors out of my moveable Estate within six Months after my Dece'se in full of Her thirds.
3. I Bequeath & will unto my well beloved Son John Winn A Certain peice of Land & thatch Bed lyeing in Wells aforesª beginning at A certain Rock that is in ye Fence which stands on ye Divideing line between Malachi Ed- wardses Land & mine and runing from thence one hundred & thirty two Rods on A South East Course to Ogunquit salt water River, and then runing thirty two Rods on an East Course by sd River, and then on a West & by North. Course twelve Rods, then on an East Course fourty one Rods, then on a West Course twelve Rods, then on A North west Course twelve Rods, then on a North & by East Course twenty five Rods then on A West North west Course sixteen Rods & then on a West South West Course fourty one Rods to the first Rock : as surveyed & laid out to ye said John Winn by Capt John Storer Surveyor of Lands for Wells (according to my Order) as by A return under his hand Dated July 6th 1734 will appear.
I also give and bequeath unto him my s4 Son John Winn
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MAINE WILLS.
a certain peice of Land between ye Brooks that run thro my Land to ye salt water, beginning at a certain stake in ye Fence below ye highway on ye side of a Hill and thence run- ing on a South East & by East Course one hundred & six Rods to Ogunquit Salt River & by s' River untill it comes even with ye Line on the North East side of Joseph Taylors Land & runing then on a North West course four Degrees Westerly one hundred & seven Rods to the Country Road & then runing on a North East & by North Course twenty Rods.
I likewise give unto him my s" Son John Winn A certain peice of Land between the aforesª Brooks on ye upper side of ye highway, begining on ye Brow of ye Hill between ye sd two Brooks & runing from thence on A South South West Course Ninty & Nine Rods & then runing on a West North West Course Eighty Rods & then runing on a N North East Course Eighty Rods & then runing North East twenty Rods & then runing East South East seventy six Rods the Bounds hereof may be seen by ye s" Return of this & the immediately foregoing peice of Land under the hand of the said John Storer. I also give unto him my sª Son John Winn one of my Old Beds with two Blankets & A Couerlid and A midling Iron Pot.
4. I give & Bequeath unto my well beloved Son Joseph Winn A Certain piece of Land begining at A Certain Rock set in ye Line that Divides the Land commonly called Ogun- quit Farm & my Land, & runing from sd Rock down to Ogunquit River on A South East Course & by sd River Southerly untill it comes to ye Land I have herein given to my son John Winn on ye Southerly side of my Farm below ye high way, & then runing up to ye high way by sd Land on a North West & by West. Course & then begining above the high way where the peice of Land begins which I have herein already given unto my Son John Winn above ye high way and runing up by ye side of said Land as high as that sª tract of Land which I have given my s" Son John
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MAINE WILLS.
Winn, above ye high way runs and on ye same Course that that runs on & thence to run on a streight Course over to ye Farm Line and then Down upon ye sd Line commonly known by ye name of ye Farm Line untill it comes down to the cer- tain Rock set in this Line which is the first mentioned Bounds in this tract of Land; together with the House & Barn on sª Land and also I give unto Him my sª Son Joseph Winn twelve Acres of Land at ye place comonly called Jo- siahs's Field & two Steers & one Heifer Eich of them to be coming three years old at ye time of Delivery which shall be within six months after my Decease & my young Horse which is now called Joseph's Colt my small fowling peice & my Sword a Neb Yoak and Ring & Ring A Draft staple & Hooks ; one small timber Chain & two draft Chains my sil- ver wearing Shoe Buckles the New Bed & Beding that was called Mehitables a small Iron Pot & a small Iron Kittle.
5. I give & Bequeath unto my well beloved Daughter Lydia Littlefield that tract of Land on which she now Dwells, & which I bought of one Sinclar & also one Hun- dred pounds to be paid unto Her in the following manner Viz* twenty pounds pr yeare untill the whole is paid begin- ing with ye first payment within one yeare after my Decease.
6. I give & Bequeath unto my well beloved Daughter Abigail Winn one Hundred and sixty pounds to be paid her in the following manner Viz' I will that She shall be paid fourty pounds within one Year after my Decease and that she shall be paid twenty pounds p Year after that till the whole is paid : two Heifers that shall be coming three years old at ye time of their Delivery which I will shall be within six months after my Decease, one of my new Beds & Bed- ing, the Mare that I now ride & my largest Iron Pot. also I will that so long as she continues unmarried she shall have ye Western lower Room in my now Dwelling House for her own only Use & Benefit.
7. I Do hereby Constitute & Ordain Joseph Hill Esq' John Storer Gent" & my aforesd Son John Winn Sole Exe- cuters of this my last Will & testament & hereby rovoko &
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371
MAINE WILLS.
Disanull all other Wills heretofore made by me and declare this to be my last Will & testament as Wittness my hand & Seal this ninth Day of Octo' Anno Domini 1734 annog R : R : Georgij secundi Magna Britania & Octo
S. I will that my Executors shall make sale of my Lands not already herein Disposed of in Order to make the several payments Ordered by this my last will & testament to be made if ye sd payments cant be otherwise seasonably made.
9. I will that my aforesd Son Joseph Winn shall have one Years schooling after my Dece'se and if it should be Warr I Will that he shall be put to School in some town where there shall be no Danger of ye Indians and I will that ye whole Charge of this his Years schooling both as to meat Drink Cloathing washing and Lodging as well as ye school- ing it self shall be paid by my Executors out of my Estate not already disposª of.
10. I will that all my Lands, Goods, & Chattels of every kind not already herein Disposed of shall be equally Divided between my two aforesd Sons John Winn & Joseph Winn both as to Quantity & Quality. & these Latter articles which follow ye Date Viz Eighth Ninth & tenth I Doe hereby declare to be Equally my last Will & testament with ye other articles foregoing them as Witness my Hand & seal the Day above mentioned. his
NB : the words on South East Josiah Winn (Seal)
Course were interlined between ye 26 & 27 lines from ye top of ye second page to be read in ye 27 line & ye first word in yº 23 line
mark 4
Vizt the word before I in ye 3ª page was erased before signing Signed sealed pronounced & Declared in Bsence of Sam" Hatch Jur John Eldrege Joseph Taylor
Probatad 10 Feby, 1734-3. Inventory returned at £280: 15: 0, by Sam" Wheelwright, Sam" Tredwell and Joseph Sayer, appraisers, 3 March 1734.
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MAINE WILLS.
Probate Office, 5, 42.
In the Name of God Amen ye Sixth Day of March Anno Domini one thousand seven Hundred & thirty foure I Sarah Mitchel of Kittery in ye County of York within ye Province of ye Massachusetts Bay in New-England widow (of Robert Mitchel late of Kittery in ye sª County tavern-keeper) being sick & weak but of perfect memory praise be given to almighty God for ye same & Knowing ye uncertainty of this Life on Earth & being desirous to settle things in Order. Doe make this my last Will & testament in manner & form following that is to say first & principally I Commend my Soul to Almighty God my Creator Assuredly believing that I shall receive full pardon & free Remition of all my sins and be saved by ye pretious Death & merits of my Blessed Saviour & Reedeemer Christ Jesus & my Body to the Earth from whence it was taken to be buried in such Decent & Christian manner as my Executor hereafter named shall be thot meet & Convenient. & as touching such worldly Estate as ye Lord in mercy hath given me my Will & meaning is the same shall be imployed & bestowed as hereafter by this my Will is Expressed And first I Revoake renounce frustrate & make void all Wills by me formerly made & Declare & appoint this my last Will & testament. Item I Give and bequeath unto my Son Robert Mitchel & his heirs & assigns for ever halfe an acre of Land next adjoyning to ye house where I now Dwell the House being formerly given to him by my Decesd husband. I Give & bequeath unto my Son in Law William Kearswell five shillings to be paid him by my Execut" hereafter named, which is to be in full for all & Every part that the sª Wm Kearswell is to have for any part of my Estate. I Give & bequeath unto my Daughter Mary Kearswell & to her heirs & assigns for ever one acre & three quarters of an acre of Land being ye remainder of what was not given to her Husband Wm Kearswell of ye two Acres of Land which was given to me by my Honord Father M' Roger
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MAINE WILLS.
Dearing of Kittery aforesd Decesd. I likewise give unto my sª Daughter Mary Liberty to Cutt & hale off from halfe an Acre of my wood land ye wood that is or shall Grow on halfe an Acre provided she Dwells in Kittery. I likewise give unto my sª Daughter Mary During her Naturall Life & after her Decease to be Divided to & amongst her Children as she shall see meet. One third part of all my Personal Estate Except what is hereafter Given. I Give unto my Son & Daughter Mannarin & Sarah Beal one third part of all my personal Estate Except what is hereafter given.
I Give and bequeath unto my son & Daughter Sam" and Elizath Greenough one third part of all my personal Estate Except what is hereafter Given. I Give & bequeath unto my Son Roger Mitchel. who I Do hereby Nominate & appoint my Sole Executor of this my last Will & testament all my Lands & other my Real Estate of what kind & qual- ity soever or wheresoever Except what is before given to him his heirs & assigns for ever as likewise all my Debts that is due to me by any ways & means whatsoever or whereso- ever/ I likewise give him all ye money that I have or may have by me or in any persons hands whatsoever, he paying all the Debts thats Due from me & all Funerall Charges & he paying within two Years after my Decease for the Use of my Grandson James Kearswell unto his Guardian five pounds in Currt Bills of Credit of this Province & unto ye Guardian of my Grandson Robert Greenough for his Use ye like sum of five pounds to be paid within two Years after my Decease. & unto ye Guardian of my Grandson Robert Mitchell son of ye aforesª Roger Mitchell ye like sum of fiue pounds to be paid within two years after my Decease. And before my Personall Estate shall be Divided amongst my Daughters, I Give out of it unto my Grand Daughter Sarah Kearswell my linning spining Wheel & ye Bed I ly on & likewise it is my Will that my three Daughters pay out of my Personal Estate which I have before given towards ye repairing ye Friends meeting House so called at Dover in ye
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MAINE WILLS.
Province of New-hampshire Fourty shillings. In Wittness whereof I have hereunto set my hand & Seal ye Day & Year above written.
the words Enterlined (Except what is before given) was before signing & sealing herof.
Signed Sealed & pronounced this Sarah Mitchell (Seal)
to be her last Will & testament
In ye presence of Us.
WVm Pepperell Wm Dearing John Dearing Marget Hixson.
Probated 14 Feby. 1735-6.
Probate Office, 5, 49.
In the Name of God amen, I Jedediah Jorden of Kittery in ye County of York within ye Province of ye Massachusetts Bay in New-England Yeoman being in good health make this my last Will & testament in manner & form as follow- etb/ I comitt my Soul to God hopeing in his Mercy to Injoy Eternal Life & after my Decease my Body to be De- cently baried as my Executors hereafter named shall think proper & as to my Estate I Give as followeth/ I make Ordain & Impower my Sons John Jorden, Robert Jorden & Thomas Jorden Executors of this my last Will & testament of my whole Estate after my Just Debts & Funeral Charges paid, I give my two Daughters Mary & Savaih Jordens all my personal Estate to be Divided Equally between then.
I Give y" Neck of Land at Spurwink in ye township of Falmouth to John Jorden & Thomas Jorden & Jedediah Jordens Children to be Divided Equally between them only reserveing A piece of swampy low Land which I give to Robert Jorden which lyes on ye Eastermost side of pe old
e
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MAINE WILLS.
Neck of Land begining at ye point where ye Cattle formerly youst to pass over to my Brother Jordens Marsh where ye Creek parted my Bº John & I, and so run round that piece of swompy Land to A place where ye Cattle formerly youst to pass over from ye sd Neck of Land to ye great Plains. John Jorden to have his part on ye home place/ Thomas Jorden to have his part where he made Choice of/
Jedediah Jordens Children to have their part where their Father made Choice off in his lifetime.
I Give to my Eldest Dafters Son John Moor forty Acres of Land out of my Farm at Spurwink in ye township aforesª to be laid out by my Executors fronting ye Marsh forty Rod in Breadth 160 Rod in length by my Brother Dominicus Jor- dens Line & my line. I give to my Daughter Abigail Rob- ison fifty Acres of Land out of my Farm at Spurwink aforesd to be laid out by my Executors fronting ye Marsh fifty Rod Broad 160 Rod in length next John Moors Lot. I give to my Daughter Mary Jorden fifty Acres of Land out of my Farm at Spurwink aforesd to be laid out by my Ex- ecur fronting the Marsh fifty Rod Broad 160 Rod in length by Robersons Lot/ I Give my Daghter Sarah Jackson fifty Acres of Land out of my Farm at Spurwink aforesª to be laid out by my Executs fronting ye Marsh fifty Rod in bredth 160 rod in length by Marys Lot/
I Give unto my Daughter Saviah Jorden fifty Acres of Land out of my Farm at Spurwink aforesd to be laid out by my Execu's fronting ye Marsh fifty Rod broad 160 Rod in length by Sarah Jacksons Lot/
I Give my Old mooing Marsh at Spurwink aforesd to be Equally amongst all my Children & Gran Children before mentioned. & what Lands soever is not Yeat given shall be Divided Equally between John Jorden & Thomas Jorden & Jedediah Jordens Children. I Publish & Declare this to be my last Will & testament & renounce all former Wills. In Witness whereof I have hereunto set my hand & seal this Sixth Day of March one thousand seven hundred twenty
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MAINE WILLS.
Nine ye second year of ye Reign of our Lord King George ye second of Great Britain Frans & Ireland &c.
Signed & Sealed In presence
his
of Us. Nathan White John Jorden Timº Gerrish.
Jedediah
Jorden (Seal)
mark
Probated 16 Jany 1733-6. Inventory returned 13 Apr. 1736, at £1064: 10: 0, by James Garian, Nathaniel Jordan and James Maxwell, appraisers.
Probate Office, 5, 54.
In the Name of God Amen. the twenty fourth Day of Feb- ruary Anno Domini one thousand seven hundred and thirty- five six. I John More of Kittery in ye County of York in ye Province of ye massachusets Bay in New-England Mari- ner being sick & weak in Body, but of perfect mind & mem- ory thanks be given unto God, therefore calling unto mind ye mortality of my Body Do make & ordain this my Last Will & Testament. first of all I give & Recomend my Soul into ye hands of God that gave it me & my Body I recon- mend to ye Earth to be buried in decent Christian Burial at ye Discretion of my Two sons Robert More & Jonadab More believeing that I shall Receive ye same again at ye Gen- eral Resurrection by the mighty power of God. & as for such worldly Estate wherewith it hath pleased God to bless me in this Life I give & Dispose of ye same in the following manner and form.
Imprimis I Give unto my well-beloved Children John More Edward More Robert More, Ebenezer More, Eliza") More, Abigail Parker, and Mary More (besides what I have heretofore given them) five shillings to Each of them to be paid to them by my Executrix Either in Currant Money or in good Bills of Credit of ye aforest Province.
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MAINE WILLS.
Item I Give & bequeath unto my Dearly beloved Wife Sarah More her Heirs & Assigns for ever all ye Residue or Remainder of my Estate Real & Personal in what Place so- ever & of every Denomination & Kind freely to be pos- sessed & Enjoyed by Her her Heirs & assigns for Ever.
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