Maine wills. 1640-1760, Vol. II, Part 14

Author: Sargent, William M. (William Mitchell), 1848-1891. cn; Maine Historical Society; York County (Me.). Court of Probate
Publication date: 1887
Publisher: Portland [Me.] Brown, Thurston & company
Number of Pages: 968


USA > Maine > Maine wills. 1640-1760, Vol. II > Part 14


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In Witness whereof I the Said Iohn Head hereunto Set my Hand & Seal the Day & year first above written.


Signed Sealed pronounced & declared by the Said John Heard as his last Will and Testament in presence of. Sam" Shorey Ioshua Small Edmª Coffin Noah Emery Robert Cutt


his


Iohn


Heard (Seal)


mark


In the Name of God Amen The twentyeighth Day of September Anno Domini One Thousand Seven Hundred & forty one I John Heard of Kittery in the County of York within ye Province of the Massachusetts Bay in New Eng- land Gent" Having made signed Sealed pronounced & de- clared my last Will & Testament bearing Date the fifteenth Day of January in the thirteenth year of the Reign of King George the Second Annog ; Domini One Thousand Seven Hundred & thirty nine, therein & thereby disposing of my Estate Real & personal, and appointing my Son in Law Nathan Bartlett my Executor. And thro Infinite Goodness my Life being prolonged to this time, and my Memory Good & perfect (tho bodily weak) I have well considered my Said last Will & Testament in every Article & Clause it


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being this Day distinctly read in my perfect Hearing. I do hereby establish ratify & confirm the Same last Will & Tes- tament as the true & just Declaration of my Mind & Will with respect to the Disposition of my Estate, with only the Addition & Alteration hereafter in this Codicil mentioned which I do hereby order & appoint to be taken received observed & executed as part of my Said last Will & Testa- ment, That is to say :


That Whereas in & by my said last Will & Testament I did give & bequeath unto my well beloved Grandson Iohn Heard Bartlett Fifty pounds to be paid to him (without In- terest) by my Executor when he Shall arrive to the Age of the twenty one years or Sooner if my Executor Shall see meet. I do hereby ratify & confirm that Bequest, and in Consideration that his Father intends to educate him at the College I give & bequeath unto him the Said John Heard Rantlet a further Sum of Fifty pounds to be paid to him


hout Interest) out of my Estate as soon as he Shall are perfected his Studies at the College So far as to com- mance Batchellor of Arts; But if he the Said John Heard Bartlet Shall die before he Shall so perfect his Studies then my Will is that the Said Fifty pounds, And also the other Fifty pounds afore mentioned Shall be to & for the Use of his Brother my Grandson Nathan Bartlet provided he the Said Nathan Shall be brought up at the College as aforesd. But in Case he Shall not be brought up at the College, and in Case of his Brothers Death as aforesd then the Said Na- than Shall have only one of the Fifty pounds aforesaid.


Item. My further Will & pleasure is that my Pew in the Meeting House in this Parish where I now live Shall be & remain to & for the Use of my Children & GrandChildren, Such as have Occasion to use it from time to time, and not to be sold from them.


In Witness that this Codicil written upon the Same Sheet of Paper whereon my Will afore mentioned is written Shall


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be taken and executed as part of my Will, I hereunto Set my Hand & Seal the afore mentioned 28th Day of Septem" 1741.


his


In presence of,


John Rogers Robert Staple Robert Cutt Ioshua Small Noah Emery.


Iohn 3 Heard (Seal)


mark


Probated 6 January 1752. Inventory returned 25 Nov. 1751. at £674: 11: 0, by Caleb Emery, James Gowen and Samuel Fernald, appraisers.


Probate Office, 8, 149.


In the Name of God Amen. The Nineteenth Day of March in the Year of our Lord One Thousand seven Hun- dred and Fortyseven, I Daniel Ferguson of Kittery in the County of York within the Province of the Massachusetts Bay in New England Yeom" being Sick & weak but thro Divine Goodness of sound & perfect Memory, and not ex- pecting long to continue in this Life. Do make and ordain this my last Will & Testament, resigning my Soul to God who gave it hopeing for Mercy thro Iesus Christ. I give & dispose of my worldly Estate real & personal in Manner following,


Viz. My Will is and I do hereby give to my Son Alex- ander Ferguson all the Lands that I have & am entitled to in Berwick in Fee Simple I likewise give to my Said Son my Gun & wearing Apparel.


I give & bequeath to my Daughter Elisabeth the Wife of Benja Goold jun" all other my personal Estate after my Debts and funeral Charge is paid out of the Same She hav- · ing had part of her Portion already.


I constitute Eleazer Ferguson Sole Executor of this my last Will & Testament.


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In Witness whereof I set my Hand and Seal hereto the Day & Year above written.


Signed Sealed published pronounced Daniel Ferguson (Seal) & declared by the S' Daniel Fer- guson to be his last Will & Testamt in presence of Zechariah Emery, Caleb Emery


Iames Emery Iaphet Emery


Probated 6 Jan. 1752. Inventory returned - March 1752, at £27: 16: 2, by Caleb Emery and Daniel Emery Jun'. appraisers.


Probate Office, 8, 149.


In the Name of God Amen. The twenty sixth Day of March in the year of our Lord One Thousand Seven Hun- dred and Fortyeight. I Margit Emery of Kittery in the County of York within the Province of the Massachusetts Bay in New England Widow being Sick & weak but through divine Goodness of Sound Mind & perfect Memory, and not expecting long to continue in this Life, Do make & ordain this my last Will & Testament, Resigning my soul to God who gave it hopeing for Mercy thro Jesus Christ, I give & dispose of my Worldly Estate, real & personal in manner following Viz


. My. Will is, and I do give to my Son Daniel Emery Five Shillings old Tenor. I likewise give to my Son Noah Emery Five Shillings old Tenor. I do likewise give to my Simon Emery Five Shillings old Tenor. I likewise give to my Son Zechariah Emery Five Shillings old Tenor. I likewise give to my Son Joshua Emery Five Shillings old Tenor, and I likewise give to my Daughter Anna the Wife of Eleazer Ferguson Five Shillings old Tenor she having had Something already All the above Sums to be paid by my Executors within One Year after my Decease out of my Stock of Cattle.


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Item. I give & bequeath to my Son Caleb Emery his Heirs & Assigns One quarter part of my Land at third Hill, so called, in Fee Simple. I likewise give my Said Son Caleb Emery my Feather Bed he paying to my Daughters Tirzah & Huldah ye Value thereof.


Item. I give to my Daughter Marget Emery her Heirs & Assigns One Quarter part of my Land at Third Hill in Fee Simple. I likewise give her the Choice of my Cows Vizt One Cow,


Item. I give to my Daughter Tirzah Emery her Heirs and Assigns One Quarter part of my Land at Third Hill in Fee Simple. I likewise give her a Book called Willards Body of Divinity, And one Half of my Household Goods not here- tofore disposed of. And one half of my Stock after Debts & funeral Charges is paid out of the Same. And the half of all Debts due to me.


Lastly I give to my Daughter Huldah Emery her Heirs and assigns One quarter part of my Said Land at Third Hill in Fee Simple. I likewise give her my great Bible, and the other Half of my Said Household Goods, and the other half of my Stock after Debts & funeral Charges is paid out of the Same, and the other Half of all Debts due to me.


I constitute Caleb Emery & Marget Emery aforementioned Executors of this my last Will & Testament. To whom I give the remaining part of my Stock of Creatures to pay Debts & funeral Charges, If any remain to be disposed of as above.


In Witness whereof I set my Hand & Seal hereto the Day and Year first mentioned.


Signed Sealed published pronounced Margit Emery (Seal)


and declared by the S' Margit Em-


ery ye Testat' to be her last Will


& Testamt in presence of


Ebenezer Tuttle Iun' Ebenezer Hearl


Daniel Emery jun' James Emery


Probated 6 January 1752. Inventory returned 21 Dec. 1751, at £33: 12: 00, by James Gowen, Jes. Hcarl and Daniel Emery jun., appraisers.


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MAINE WILLS.


Probate Office, 8, 151.


In the Name of God Amen. The third Day of January 175g. I Edward Chapman Housewright of Falmouth in the County of York in the Province of the Massa' Bay in New England, being very sick & weak in Body but of perfect Mind & Memory, Thanks be given unto God, Therefore calling unto Mind the Mortality of my Body, and knowi g that it is appointed for all men once to die, do make & or- dain this my last Will & Testament, That is to Say princi- pally & first of all I give and recommend my Soul into the Hands of God that gave it, and my Body I recommend to the Earth to be buried in decent Christian Burial at the Dis- cretion of my Executor, nothing doubting but I shall receive the Same again, at the General Resurrection, by the mighty Power of God, and as touching such worldly Estate, where- with it hath pleased God to bless me in this Life, I give demise & dispose of the Same in the following Manner & Form.


Impr. I constitute my well beloved Son Edward Chapman Sole Executor of this my last Will & Testament. And to my dearly beloved Wife Elizabeth, I give & bequeath one Cow, Four Sheep & Pasturage & keeping for the Same, one Room in my dwelling House, one Bed & Beding answerable, and all other Necessarys out of my House hold Goods to furnish Said Room with and Six pounds thirteen Shillings & four pence lawful Money of the Massachusetts Bay per year to be paid her with the produce of the Farm so long as She continues a Widow ; and if She marries after my Decease the Said Room pasturage & Thirteen Shillings & four pence I give & bequeath to my well beloved Son Edward & his Assigns forever.


Item. I give to my well beloved son Edward Chapman whom I constitute make & ordain my sole Executor of this my last Will and Testament all & singular my Lands Mes- suages & Tenements by him freely to be possessed &


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MAINE WILLS.


enjoyed. And I do hereby utterly disallow revoke & disan- nul all & every other former Testaments Wills Legacys & Bequests & Executors by me in any Ways before named willed & bequeathed ratifying this & no other to be my last Will & Testament.


Item. I give & boqueath to my well beloved Daughter Abigail Chapman one good new Feather Bed two Pillows & Bolster with other Suitable Beding for the Same, one look- ing Glass one Desk One Oval Table Six black Chairs, one two armed Ditto, four pewter Dishes twelve pewter plates, and all other necessarys Suitable to furnish one Room, which I leave to the Discretion of my Sole Executor to be raised & levied out of my estate on the Day of her Marriage, two good Milch Cows and Cloathing for her which I also leave to the Discretion of my Sole Executor.


Item. I give to my loving Brother & Sister Joseph & Abi- gail Muzzeet the Improvement of Six Acres of Land during both their Lives near where their House now Stands, or where my Son Edward Sole Executor thinks convenient on that Farm, and after their Decease to return to my Sole Executor & his Assigns forever, In Witness whereof I have hereunto Set my Hand & Seal.


Signed Sealed published pronounced


Edwd Chapman (Seal) and declared by Sª Edwd Chapman as his last Will & Testamt in the presence of the Subscribers John Crockett Nath' Crockett David Patrick


Probated 6 Jan. 1752. Inventory returned 4 Jan. 1732, at £ 200: 2: 6, by Enoch Freeman, Nathaniel Coffin and John Bayley, appraisers.


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MAINE WILLS.


Probate Office, 8, 168.


I Samuel Lunt being in Gods righteous Providence upon a Bed of Sickness & pain, and not knowing how soon He may take me out of the World by Death, I would now while I have my Reason & Understanding continued to me (as I bless Him I have at present in usual Manner & Meas- ure I ever had) Settle my affairs and outward Estate, and convey & dispose of the Same, which I do therefore in the Manner following as my last Will and Testament.


Impr. I give to my Dear Children Samuel Lunt, Iob Lunt Charity Procter Mary Lunt & Iane Lunt each of them the Sum of twenty Shillings lawful Money to be paid them by my Wife out of my Estate.


Item. I give to my dear Wife Charity Lunt the whole & every part of my Estate real & personal (after my debts are paid and the formentioned Legacies to my Children) to be to her Use profit & Disposal entirely & forever to improve enjoy grant and convey in what Way & manner her Disere- tion (which I place an entire Satisfaction in) Shall & may influence & determine her to think best & do. Hereby withal revoking and reversing all former Wills & Testaments by me Signified & made, and declaring this to be my last & only Will & Testamt to stand & abide in Force as fully & to all Intents & Purposes as if I had in more & other Words more explicitly & particularly or in any other Form what- soever done the Same.


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As Witness my Hand & Seal this seventeenth Day of June in the year of our Lord One Thousand Seven Hundred & Fifty two And in the twenty sixth year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain &c ; King.


Signed Sealed & Delivered


in presence of us Isaac Ilsley John Snow Dorothy Pote.


Samuel Lunt's


Mark (Seal)


Probated 2 Oct. 1752.


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Probate Office, 8, 176.


In the Name of God Amen.


I Ichn Davis of Biddeford in the County of York, & Province of the Massachusetts Bay in New England Gent" being Sick & Weak of Body but of perfect Mind & Memory, therefore calling to Mind the Mortality of my Body, and knowing that it is appointed for all men once to die : do make this my last Will & Testament ; First of all I recom- -mend my Soul into the Hands of God who gave it, and my Body to the Earth to be buried in a Christian Way & man- ner at the Discretion of my Executor hereafter named, and as touching that worldly Estate, wherewith it hath pleased God to bless me, I give demise & dispose of in the Manner following.


Impr. I Will & Order that all my just Debts & funeral Charges be paid by my Executor out of my Estate and like- wise I give unto my Executor full Power to receive all the Debts due to my Said Estate.


Item. I give unto my beloved Wife Elizabeth Davis all the Improvemts of my Saw Mill & Grist mill on ye Eastern Side of Saco River together with the Improvement of my Salt Marsh at a place called Little River on the Said Eastern Side of Saco River, during the term of her natural Life or till She Shall marry. And in as much as I the Testator have given to each of my Sons Viz' Iacob Davis Ezra Davis John Davis & Josiah Davis. and to each of my Daughters Viz Sarah Parker Eliza Patterson Hephzibah Sawyer, Mary Stagpole & Margaret Davis certain Tracts of Land as by Deed under my Hand Signed and lawfully executed, I there- fore Order that after my just Debts and funeral Charges of mySelf & my Widow be paid ye remainder of my Estate as yet unbequeathed together with what Debts may be found due I will & order to be equally divided amongst all my aforementioned Children excepting my eldest Son Iacob Davis to whom I give a double portion of what Shall so remain.


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MAINE WILLS.


Lastly I constitute my Son Iosiah Davis Sole Executor of this my last Will & Testament, and do hereby disannul revoke and make void all former or other Testaments or Wills by me heretofore made ratifying & confirming this & no other to be my last Will & Testament. In Witness whereof I have hereunto Set my Hand & Seal this Ninth Day of May in the 25th year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King in the Year of our Lord 1752. Signed Sealed published pronounced John Davis (Seal)


& declared to be the last Will & Testamt of the above named Iohn Davis in presence of us. John Gray Samuel White Joshua Gillpatrick


Probated 6 July 1:52. Inventory returned 14 July 1752, at £206: 13:3, by Rishwth Jor- dan, Ebenezer Hill and.Martin Jameson, appraisers.


Probate Office, 8, 179.


In the Name of God Amen. The twenty third Day of April Anno Domini. 1751. I Samuel Scammon Sen' of Biddeford in the County of York in the Province of the Massa : Bay in New England yeoman, being very Sick & weak in Body but of perfect Mind & Memory, Thanks be to God therefor. But calling unto Mind the Mortality of my Body and knowing that it is appointed unto all men once to die do make & ordain this my last Will & Testament, that is to say, principally and first of all, I give & recom- mend my Soul into the Hands of God who gave it, and my Body I recommend to the Earth to be buried in decent christian Burial at the Discretion of my Executor hereafter named nothing doubting but at the General Resurrection I Shall receive the Same again by the mighty Power of God,


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And as touching such worldly Estate as it hath pleased God to bless me with in this Life I give demise & dispose of the Same in the following Manner & Form.


Impr. I give & bequeath to Elizabeth my beloved Wife, The one third part of my personal Estate. Also the Use and Improvement of the one third part of my real Estate during the term of her Natural Life.


Item. I give & bequeath unto my beloved Son Samuel Scammon my Lot or Tract of Land lying at a place called Rendezvouz containing about Thirty Acres and the Marsh adjoining thereto by the River, which Land & marsh I bought of Edward Proctor, also all my Salt Marsh lying at the Head of Goose fair Marsh so called and on the Westerly side of Goose fair River which I also bought of Edward Procter, which is yet in common & undivided with the Heirs of Capt" John Sharp Decd. Also my Lot or Tract of Land containing about One Hundred Acres which I bought of Richard Sharp of Boston Deed lying in the lower Checquer of the Pattent which was Set of to the Heirs of Elizabeth Sharp Decd. Also the one third part of my Lot or tract of Land lying at Rogers's so called, and the one third part of the Marsh belonging to it lying upon the Easterly side of Goose fair River which I also bought of Edwd Proctor. All which Tracts & parcels of Land & Marsh I give & bequeath unto him the Said Samuel Scammon his Heirs & Assigns forever. Also the one third part of that Tract of Land which I bought of Edwd Procter & Richd Sharp and is yet in common & undivided with Rob Patterson.


Item, I give & bequeath unto my beloved Son John Scammon his Heirs & Assigns forever that part of my Home- stead, that is, of the Upland, which lies next to that Land of Mathew Patten to run down the River from Said Patten's Land till it comes to a large pine Tree Standing just above my Son Ebenezer's House Frame mark'd on four Sides & from Said Tree to run direct to the Bank by the Marsh upon a West Line and also to run from Said Tree or Stub upon


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an East Line till it comes to the Division Line between my Brother Capt" Humphry Scammon Decd & my Self. Also the one third part of That Tract of Land which I bought of Edward Procter & Richard Sharp which is yet in common and undivided with Robert Patterson. Also ye one half of my Tract of Marsh which lies on the Westerly side of Goose fair River which was a part of my Proportion of the Estate of my hond Father Humphry Scammon Decd. Also the one half of the Marsh adjoining to my Homestead by ye River Also the one third part of my Lot or Tract of Land lying at Roger's Pond so called. And the one third part of the Marsh belonging to it lying upon the Easterly Side of Goose Fair River.


Item. I give & bequeath unto my well beloved Son Eben- ezer Scammon his Heirs & Assigns forever, the remaining part of my Homestead, that is the whole of it not given as above to my Son John, excepting one half Acre at the Ferry place which I reserve as a Burying place forever for my Re- lations also the one half of my Lot or Tract of Marsh which lies on the westerly Side of Goose fair River, to be divided between him & his Brother John Scammon in quantity & quality also the one half of my Marsh adjoining to my Homestead by the River to be divided as aforesª between him and his Brother aforementioned. Also the one third part of my Lot or Tract of Land lying at Rogers Pond so called, and one third part of the Marsh adjoining to the Same lying on the Easterly side of Goose fair River, also the one third part of that Lot or Tract of Land which I Bought of Edwd Proctor & Richd Sharp which is yet in common and undivided with Robert Patterson.


Item. as to my personal Estate not given to my Wife my Will & Pleasure is that my Debts & funeral Charges be paid out of the Same, and that the remainder of it be equally divided among my Sons before mentioned.


Item. I do hereby constitute make & ordain my beloved Son Samuel Scammon my Sole Executor of this my last


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Will & Testament, and I do hereby utterly disallow revoke & disannul all & every other former Wills Legacies Bequests & Executors by me in any wise before named willed & bequeathed ratifying & confirming this & no other to be my last Will & Testament.


In Witness whereof I have hereunto Set my Hand & Seal ye Day & year above written


Signed sealed published pronounced Samuel Scamon (Seal) & declared by ye Sª Sam1 Scamon as his last Will & Testamt in pres-


ence of us Thomas Edgcomb


Robert Patterson j' James McClelan


Probated 30 Sept: 1752. Inventory returned 29 Dec. 1752, at £739: 4: 4, by Thomas Edge- comb, Robert Patterson and James M.Clelan, appraisers.


Probate Office 8, 186.


In the Name of God Amen Biddeford June twentysixth one Thousand Seven hundred & fifty two. I Iohn Scammon of Biddeford in the County of York in the Province of the Massachusetts Bay in New England Husbandman, being of a Sound & perfect Mind & Memory altho Sick & Low, & calling to mind the Mortality of my Body, and knowing that it is appointed for all men once to die, Do make & ordain this my last Will & Testament, That is to say principally & first of all I give & recomend my Soul into the Hands of God that gave it, and my Body I recommend to the Earth to be buried in decent Christian Order at the Discretion of my Executors in hopes of a glorious Resurrection ; And as touching Such worldly Estate wherewith it hath pleased God to bless me in this Life I give demise & dispose of the Same in Manner following.


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First of all I give to my loving Wife Hannah Scammon my dwelling House & House hold Goods with two Cows to be at her Disposal likewise the one third part of the Income of the Real Estate during her time of Life. Item I give my only Son Daniel Scamon all my real Estate excluding my dwelling House & Such other as shall hereafter be mentioned & bequeathed


Item. I give to each of my Daughters Viz. Molly, Han- nah, and Rebekah Seammon, Thirteen pounds Six Shillings & eight pence lawful Money to be paid by the Sª Daniel Scamon out of the real Estate when he is of Age.


Item to my Brother Ebenezer Scammon I give all my Right to a piece of Wood Land now in partnership with Robert Patterson and the Heirs of Capt" Iohn Sharp.


Item the personal Estate which is not already bequeathed I appoint to Satisfy my just Debts & funeral Charges, if the Same be Sufficient.


Item I hereby appoint my loving Wife Hannah Scammon with her Father Daniel Robinson my Sole Executors of this my last Will & Testament ; hereby ratifying this to be my last Will & Testament. In Witness whereof I have hereunto Set my Hand & Seal the Day & Year first herein before written.


Signed Sealed published pronounced Iohn Scammon (seal) and declared by the Sª John Scam- on as his last Will & Testament in presence of Thomas Edgcomb


Robert Patterson jun" Tristram Iordan


Probated 2 October 1732.


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Probate Office, 8, 189.


In the Name of God Amen. I Richard Hays of North Yarmouth in the County of York and Province of the Mas- sachusetts Bay in New England Husbandman being Sick and weak in Body, but of a Sound & disposing Mind and Memory, thanks be given to God ; therefore calling to Mind the Mortality of my Body, and knowing that it is appointed for all men once to die, Do make & ordain this my last Will & Testament, that is to Say principally & first of all I give & recommend my Soul into the Hands of God that gave it ; and my Body I recommend to the Earth to be buried in decent Christian Burial at the Discretion of my Executors, Nothing doubting but at the General Resurrection I Shall receive the Same again by the mighty Power of God. And as touching such Worldly Estate wherewith it hath pleased God to bless me in this Life I give demise and dispose of the Same in the following Manner & Form.


Impr. It is my Will that all my just Debts Charges of Doctrs and funeral Charges be first paid out of my Estate.


Item. I give & bequeath to my dearly beloved Wife Mary One third part of my Estate both real & personal by her freely to be possessed & enjoyed during her natural Life :


Item. I give & bequeath to my well beloved Son Richard the one half of my Estate both real & personal forever by him freely to be possessed & enjoyed.


Item. I give & bequeath unto my well beloved Daughter Eleoner on Quarter part of my Estate both real & personal by her forever freely to be possessed and enjoyed.


Item. I give & bequeath unto my well beloved Daughter Mary One Quarter part of my Estate both real & personal forever by her freely to be possed & enjoyed.




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