Maine wills. 1640-1760, Vol. II, Part 19

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 19


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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MAINE WILLS.


The word Eight was interlined before Signing.


Signed Sealed & Delivered in ye Samuel Odell (Seal)


Presence of us as his last Will


& Testament


John Dearing Jacob Davis Jos. Libby


Probated 6 Jany 1755. Inventory returned 31 March 1755, at £356: 7: 712, by Tristram Jordan, John Dearing and Samuel Warren, appraisers.


Probate Office, 9, 74.


In the Name of God Amen. I Priscilla Waldo of Kit- tery in the County of York in the Province of the Massa- chusetts Bay Widow being in Health of Body, and of a Sound & perfect Mind & Memory, but considering my Mor- tality & advanced Years do make & ordain this to be my last Will & Testament. And after humbly committing my Soul to God the Father of Spirits hoping for Pardon & Ac- ceptance with him thro the Merits & Mediation of our Lord Iesus Christ, I recomend my Body to a decent Interment according to the Discretion of my Executors herein after named believing in the Resurrection of ye Dead. I give devise & bequeath my worldly Estate in Manner & Form following that is to Say.


Imprimis my Will is that all my just Debts & funeral Charges be paid by my Executors out of my Estate within convenient time after my Decease.


Item, I give and confirm to my Son John all that wrought plate which he has already had & received out of my Estate amounting to the Quantity of one Hundred Ounces more or less,


Item, I give and bequeath to my Son Nathaniel all the plate of which I shall die possessed or Shall not have dis- posed of and delivered in my life time to those to whom the Same may be conveyed. And in Case the Plate hereby given


-


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MAINE WILLS.


to my Said Son Nathaniel Shall not be equal in value to that which my Said Son John has had as aforesd, Nathaniel Shall have so much out of the rest of my Estate before Division as to make up that Deficiency. And whereas I have lately given to my Daughter in Law Jane Sparhawk a Suit of Silk Cloths my Will is yt before any Division is made of my Es- tate my Daughter in Law Elizabeth Sparhawk Shall haue my Suit of Masquerade Damask which I hereby give & be- queath unto her accordingly.


Item, All the rest Residue & remainder of my Estate (after the above Gifts & Bequests are Satisfied) real and personal I give devise & bequeath to my Said Sons Jobn and Nathaniel in equal Shares (Saving only that I give the rest of my Wearing Apparel equally to be divided between my two Said Daughters in Law, ) To Have and To Hold my Said Estate to them my Said Sons their Heirs and Assigns in Manner aforesaid forever


Lastly, I constitute & appoint my Said Sons to be joint Executors of this my last Will & Testament, hereby revok- ing all other Wills & Testaments by me heretofore made.


In Testimony whereof I have hereunto Set my Hand & Seal the twelfth Day of Iuly Anno Domini 1749, and in the twenty third year of His Majesty's Reign.


Signed Sealed & declared by the S' Priscilla Waldo (Sea)


Priscilla Waldo to be her last Will & Testamt in presence of us Wit- nesses who Subscribed hereunto as Witnesses in her Presence Sam1 Cutt Iohn Parker Mary Moore


Kittery Iuly 15 1749. I do hereby give & bequeath unto my Grand Daughter Priscilla Sparhawk Daughter of my Son One Hundred pounds old Tenor or the Value thereof in other Money to be paid unto her at her Marriage or at her arriving to the Age of twenty one years out of the Es-



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MAINE WILLS.


tate that I may die Seized of by the Executors of my last Will & Testament, as Witness my Hand .- Priscilla Waldo.


Probated 31 March 1755


Probate Office, 9, 77.


In the Name of God Amen. The twenty first Day of February in the year of our Lord 1755. I Gilbert Warren of Berwick in ye County of York in His Majts Province of the Massachusetts Bay in New England Yeoman, being very Sickly & weak in Body but of perfect Mind & Memory Thanks be given to God, therefore calling into Mind the Mortality of my Body, and knowing that I must die, do make and ordain this my last Will & Testament that is to Say principally, and 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 Manner at the Discretion of my Executors. As touching my worldly Estate wherewith it hath pleased God to bless me with in this Life I give demise & dispose of the Same in ye following Maner and form. I give & bequeath to Abigail Warren my dearly beloved Wife all my Household Goods within my House and two Cows.


I give & bequeath to my three Sons Gideon Alden & Gilbert and Heirs all my real Estate together with the remainder of my Stock that I have not mentioned and my out doors moveables they paying to my three Daughters Abigail Rachel ' & Lucy Ten pounds each of them of lawful Money, and they are to pay it as they come to the years of twenty, that is Gideon Shall pay his Sister Abigail Warren when She comes to the year of twenty of her Age Ten pounds, And Alden Shall pay his Sister Rachel ten pounds when She comes to ye Years of twenty of her Age, and Gilbert Warren my Son Shall pay his Sister Lucy Warren


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MAINE WILLS.


ten pounds Money when She comes to ye years of twenty of her Age. Likewise I give to my three Sons Gideon Warren Alden Warren & Gilbert Warren, all my Debts & moveable Effects which I have not mentioned they paying all my just Debts & funeral Charges; And I appoint Gideon Warren my Son to be Sole Executor of this my last Will & Testament ; And I do hereby utterly disallow revoke & dis- annul all & every other former Testamts Wills Legacys, & Bequests & Executors by me in any ways 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 the Day & year above writ- ten. Gilbert Warren (Seal)


Signed Sealed published pronounced & declared by the Said Gilbert Warren as his last Will and Testament in the presence of us the Subscribers,


Joshua Emery Iohn Warren Iames Lord


Probated 31 March 1755. Amount of Inventory as appears from account to have been £234: 14: 6.


Probate Office, 9, 81.


In the Name of God Amen. I Joseph Noyes of Falmouth in the County of York and Province of the Massachusetts Bay in New England Esq' being in a weak state of Body, but thro Divine Grace of a Sound Mind and good Memory, and reflecting on the uncertainty of this Life and the certainty of Death, do therefore make & ordain this my present last Will & Testament in Manner & form following that is to Say, first & principally, I commend my Soul into the Hands of Almighty God, hoping thro the Merits and Intercession of my Saviour Isus Christ, to have full Pardon & free Re- mission of all my Sins, and to inherit everlasting Life. And


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my Body I resign to the Earth from whence it was taken to be decently interr'd at the Discretion of my Executors here- after named.


Impr. I will that all my just Debts & funeral Charges Shall be paid as Soon as can conveniently be done after my Decease.


Item, I give & bequeath unto my three Daughters Doro- thy Little Hannah Lunt & Iane Merrill, all my Land lying at a place called Piscataqua in Falmouth aforesª together with my half part of the Saw Mill on Said Piscataqua River, and all the priviledges & appurtanances to the Same belong- ing to them their Heirs & Assigns forever.


Item. I give & bequeath unto my Son Josiah Noyes one hundred Acres of the Farm whereon I now dwell adjoining on ye Farm of Capt" Isaac Ilsley, to be Set off by a Line from ye Salt Water and to run back parallel to the Line be- tween my Neighbour Iasper Blake's Farm and the Farm whereon I now dwell so as to include One Hundred Acres exclusive of Flats. And also I give & bequeath unto my Said Son Josiah, all the Farm I bought of M' Zachariah Bracket whereon my Said Son Josiah now dwells together with all the Priviledges & Appurtenances to ye Same be- longing & appertaining, to him his Heirs & Assigns forever.


Item, I give & bequeath unto my Son Peter Noyes the Remainder of the Farm whereon I now dwell with the House Barn & out Houses thereon being, and my Stock of neat Cattle & Sheep to him his Heirs & Assigns forever.


Item. I give & bequeath unto my Daughter Iane Merrill One Hundred pounds lawful Money out of my Estate over and above the Legacy above mentioned to be paid her by my Executors hereafter named as Soon as may be after my Decease to her her Heirs & Assigns forever.


Item, I give & bequeath unto my Said Son Josiah Noyes my riding Horse to him his Heirs & Assigns forever :


Item I give & bequeath unto my afore mentioned three Daughters my Wife's wearing Apparel, and all my House-


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MAINE WILLS.


hold Goods, equally among them, to them their Heirs & As- signs forever.


The remainder of my Estate real & Personal, my funeral Charges and just Debts being first paid out of it, I give & bequeath unto my Said two Sons Josiah Noyes & Peter Noyes equally between them.


Lastly I reverse & make void all other Wills heretofore made, And appoint my two Sons aforesd, Iosiah Noyes & Peter Noyes. to be my Executors of this my last Will & Testament.


In Witness whereof I have hereunto Set my Hand & Seal this tenth Day of February Anno Domini One Thousand Seven Hundred and fifty five.


Signed Sealed published & declared Joseph Noyes (Seal) in presence of us


Iasper Blake, Richª Temple Enoch Freeman


As a Codicil to my foregoing Will I give & bequeath unto my Daughter Dorothy Little Sixty five pounds lawful Money, and to my Daughter Hannah Lunt Seventy five pounds lawful Money to be paid them by my Execut therein named as Soon as may be after my Decease out of my Estate therein given them my Said Executors.


In Witness whereof I have hereunto Set my Hand & Seal the Day and year above written Signed Sealed & published & Joseph Noyes (seai)


declared in presence of us


Iasper Blake Richª Temple Enoch Freeman


Probated 31 March 1755.


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MAINE WILLS.


Probate Office, 9, 82.


In the Name of God Amen. I John Gray of Biddeford in the County of York in the Province of the Massachusetts Bay in New England Esq' being infirm of Body but of per- fect Mind & Memory Thanks be given to God; therefore calling unto Mind the Mortality of my Body, and knowing that it is appointed unto all men once to die do make & or- dain this my last Will & Testament, that is to Say, first of all I recommend my Soul into ye Hands of God who gave it, and my Body to the Earth to be buried in a decent chris- tian Manner at the Discretion of my Executrix hereafter named; and as touching Such worldly Estate wherewith it hath pleased God to bless me I give demise & dispose of it in the following Manner.


Impr I Will & ordain that all my just Debts & funeral Charges be paid out of my Estate by my Executrix to whom I give full Power to receive and pay the Same.


Item. I give unto Elizabeth my beloved Wife (after my just Debts & funeral Charges are paid) all my annual in- comes from England with all my Estate real & personal to be disposed of between her my Said Wife and my beloved Daughter Mary Gray, during the natural Life of my Said Wife and as long as my Said Daughter lives unmarried for their Support; And after the Decease of my Said Wife I will the one half of my Incomes & other Estate to the Use of my Said Daughter Mary Gray aforesª as long as She Shall continue unmarried, and upon her Marriage the whole of the remainder of my Estate to be equally divided be- tween my three beloved Daughters Elizabeth Cushing the wife of Ezekiel Cushing, Mary Gray & Olive Woodman Wife of Nathan Woodman to them & their Heirs forever.


Lastly I constitute my beloved Daughter Mary Gray Sole Executrix of this my last Will and Testament, and I do hereby disannul & revoke all former Wills Legacys or bequests by me made, ratifying and confirming this & no


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MAINE WILLS.


other to be my last Will & Testamt. In Witness whereof ï the Said John Gray have hereunto Set my Hand & Seal this first Day of Septem' in the 26th Year of the Reign of George the Second of Great Britain France & Ireland King A. D. 1752.


John Gray (Seal)


Signed Sealed published pronounced & declared to be the last Will & Testament of the abovesaid John Gray in pres- ence of us, Joseph Dyer Samuel Haley & Samuel White.


Probated 1 April 1755. Inventory returned 18 Sept. 1755, at C84: 7: 4, Benja. Hooper, Samuel White and Joseph Dyer, appraisers.


Probate Office, 9, 84.


In the Name of God Amen. The Seventeenth Day of : April in ye 25th year of His Majesty's Reign Anno Domini 1752, I John Neal of Kittery in the County of York Yeo- man being Sick & weak of Body, and not knowing how it may please God to deal with me with respect to this Life, But through Divine Goodness being now of perfect Mind & Memory, I do make and Ordain this to be my last Will & Testament Vizt In the first place, I recommend my Soul to God who gave it, hoping for Mercy thro Jesus Christ, and my Body to the Earth for decent Burial at the Discretion of my Execut* hoping to receive it again at the Resurrection of the just at ye last Day. And as to worldly Estate real & personal which it hath pleased God to bless me with in this Life I give & dispose of it in Manner following Vizt


Impr I give & bequeath unto my well beloved Wife Patience Neal the Income & Improvemt of all my Estate real & personal for the bringing up of my Children, and for the Payment of my Debts and Such Legacys as I Shall hereafter mention She to improve the whole of my real Estate till the Children to whom the Same is given come of


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MAINE WILLS.


Age to receive Such part thereof as is giver. to them. And when any of my Sons come of Age to receive his portion, My Will is that my Widow have one third part thereof for her Support during Life unless ye Same be out Lands. And my Will is that my Wife pay out of Such out Lands as I Shall leave to her Disposing, and out of my Stock of Creatures & moveable Estate my just Debts and funeral Charges ; And that She pay out of the Income of my Estate as it Shall come to her Hands to each of my Daughters vizt Abigail Mary & Patience Six pounds thirteen Shillings and four pence lawful Money as they come of Age or are Mar- ried. And whereas my Daughter Abigail is already married My Will is that She be paid within one year the aforesd Sum out of my moveables after my Decease to be paid by my Executrix.


Item I give & bequeath to my two eldest Sons Viz' Ichn & Andrew to them their Heirs & Assigns forever all my Homestead to hold in Severalty Vizt John to have all on the Easterly side of the High Way with the Buildings and appurtenances ; And a piece in the South east Corner of the Garden two Rods wide & three Rods deep, joining to the high Way and to Joseph Hearl for a Garden, and Liberty of fetching Water from the Spring : Andrew to have all on the west Side of the Way (except ye S' Garden given to John) with the priviledges & appurtenances. I likewise give to my Said two Sons all my Salt Marsh in York to hold in Severalty in equal Halves, & likewise all my Pasture between the Lands in Possession of David Clark & Iohn Lord on the East & Sr Wr Pepperrell & James Smith on the West, the North bounds to be as a Straight Line Shall run between me & the Said Lord till it comes to Azariah Nasons Land to hold in Severalty in equal Halves each to receive his part as he comes of Age allowing my Widow her Thirds during Life, And my Will is that each of my Said two Sons pay to each of my S" Daughters three pounds Six Shillings & eight pence lawful Money in one year after Such Son receive his Portion.


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MAINE WILLS.


Item. I give to my Son James Neal his Heirs & Assigns forever Fifty Acres of Land in Berwick being part of One- hundred Acre Lot own'd between me & my Bro' Andrew near to Neguttiquid little River, on the West Side of the Great Works River at Douty's Falls so called


Item. I give to my Son Edmund all my Land in Kittery between the Land of Ioshua Weed & the Land of John Lord to run as the Line runs between me & the Said Lord till it comes to the Land of Azariah Nason, having a Lot of Benjamin Stacy on the North to hold to him his Heirs & Assigns forever to receive it as he comes of Age Allowing to my Widow her Thirds.


And my Will is that if either of my Sons die before he enter into the Possession of Such Land as I have given him & without being married or having lawful Issue that the surviving Sons divide his Portion among them equally, and if any Daughter die not married nor having received her Portion, the other Daughters Shall have her Portion equally between them


Lastly. I give to my Said Wife all other my Estate real and personal to her Dispose for the Payment of Debts & Legacys as aforesª And I do hereby renounce all other Wills heretofore made by me, And appoint my Said Wife Patience Neal Sole Executrix of this my last Will and Testament.


In Testimony whereof I have hereunto Set my Hand & Seal the Day & Year first Mentioned.


John Neal (Seai)


Sign'd Seal'd published pronounced & declared by the Said Iohn Neal to be his last Will & Testament in presence of Joseph Williams, Ebenezer Hearl, Simon Lord, Caleb Emery


In the Name of God Amen. The 25th Day of January 1755. I Iohn Neal of Kittery in ye County of York Yeoman having on the 17th Day of April 1752 made and ordained my last Will & Testament, and therein disposed of all my Estate as therein mentioned, Since which time I have Sold a part of


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MAINE WILLS.


the Land which I gave to my Son James Neal in Berwick in Considercon whereof I hereby give my Said Son James my Part of a Lot of Land in Said Berwick near Gowens Mill so called on ye Easterly Side of the Great Works River near Ichn Morrells it being about twenty two Acres more or less. I likewise give my Said Son James the Improvement of part of my Orchard on the West Side of the way joining to Iames Ferguson Vizt Five Rows of trees from the Way to the lower end of ye old orchard to the Nursery so called out of my Son Andrew's Part for the Term of Ten Years after my Said Son James comes of Age, and one Load of Salt Hay to be deliver'd or paid him by my Son John at York Marshs every Year for Ten Years after he comes of Age.


And my Will is that if what I have left in my Said Will Should be insufficient to pay my Debts which is therein or- dered for that Use that the Same Shall be paid equally out of what I have given to my two eldest Sons Viz' John & Andrew And I do hereby appoint & ordain the aforesd Will with this Codicil to be my last Will & Testament Signd Seald published & declard by ye Sd Iohn Neal (Seal) John Neal to be a Codicil to his last Will & Testamt In presence of Ebenezer Hearl Daniel Emery jun'


Caleb Emery


Probated 20 May 1755.


Probate Office, 9, 89.


In the Name of God. On the eighteenth Day of January in the 26th Year of His Majts Reign Annog : Dom. 1753. I Mary Nowell of York in the County of York Widow being considerably advanced in years & now Sick & weak in Body thô blessed be God of a Sound Mind & Memory, & not knowing how soon it may please God to call me out of this 48


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world by Death, To prevent Trouble & Disputes which otherwise might arise among Such of my Children as may Survive me, concerning Such worldly Estate wherewith it hath pleased God to bless me in this Life ; I make & ordain this my last Will & Testament, That is to Say,


Impr My Will is and I do hereby order that my just Debts funeral Charges & Legacies be paid by my Executrix hereinafter named out of that part of my Estate hereinafter bequeathed to her


Item. I give to my two Daughters Humility the Wife of Abra" Norwell & Miriam the Wife of Thomas Donnell besides what I have before given them five Shillings each, to be paid them respectively by my Executrix as aforesª in full of their part & Share of my Estate.


Item. I give & bequeath to my younger Daughter Susanna Preble who now lives with me, and has most Dutifully attended upon me from time to time, All my Estate both real and personal, by what Name or Names Number of Acres Qualities Terms & Discriptions whatsoever the Same is or may be wherever found, or in whose Custody or pos- session soever the Same may be including all Debts Goods Chattels ready Money, Plate, Iewells, Rings, Household Stuff, Utensils, Brass, Pewter, Copper, Bedding, Cows, Oxen Sheep Hogs, & all other Things to me belonging of what name Nature or Quality soever.


And finally, I do hereby nominate ordain & appoint my Said Daughter Susanna my Sole Executx of this my Will hereby disannulling all other Testamts Wills Legacys Be- quests & Execrs by me in any ways before named Willed & bequeathed, ratifying & confirming this and no other to be my last Will & Testamt. In Witness whereof I have hereunto Set my Hand & Seal the Day & year first herein written


Mary Nowell (Seal)


Signed Sealed published pronounced & declared by the Said Mary Nowell as her last Will & Testament in presence of us her Daniel Moulton Stephen Lovejoy Hannah Trevet X Mark Probated 20 May 1755.


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Probate Office 9, 97.


In the Name of God Amen. I Daniel Fogg of Kittery in the County of York Yeoman, being aged & infirm, and not knowing the time of my Death do make & ordain this my last Will & Testament ; principally & first of all, I rec- omend my Soul to God my Creator hoping for Pardon & Acceptance thro Christ, and my Body to the Earth to be decently buried (after my Deccase) by my Executor here- after named as he Shall think convenient ; And as touching such Worldly Estate as God hath been pleased to bless me with in this Life, I give devise & dispose of the Same in the following Manner Viz'


Impr I give & bequeath unto my Son James Fogg all my Estate real & Personal be the Same Lands Houses Cattle Chattels Goods, Household Goods, Moneys Debts Dues In- terests Inheritance Property Rights & Claims in all & every Place & Places whatsoever & wheresoever nothing excepted or reserved of any kind or quality. To Have & To Hold unto him my Said Son Iames Fogg & his Heirs forever he my Said Son James Fogg paying to his Brothers & others hereafter named Such Legacys as is hereafter express't.


Item. I give & bequeath unto my well beloved Son Daniel Fogg two Shillings & Six pence new Ten" Bills of publick Credit.


Item. I give & bequeath unto my well beloved Sons John Fogg, Joseph Fogg & Seth Fogg to each of them two Shil- lings and Six pence in New Tenor Bills of publick Credit.


Item. My said four Sons, Daniel John Joseph & Seth have had Gifts & Lands of me already which with ye afore- mentioned two Shillings & Six pence to each of them Shall be the whole of their portions of my Estate.


Item. I give & bequeath unto my well beloved Daughter Hannah Rogers Fifty Shillings new Ten' Bills of publick Credit.


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Item. . I give & bequeath unto my well beloved Daughter Rebecca Pilsbury Fifteen Shillings in like Bills.


Item. I give & bequeath unto my well beloved Daughter Sarah Hanscom Fifty Shillings new Ten" Bills of publick Credit.


Item. I give & bequeath unto my well beloved Grand Children the Children of my Daughter Mary Brooks Decd Fifty Shillings in new Tenor Bills of publick Credit to be equally divided between them all that Shall Survive me, And if any of them die leaving issue Such Issue Shall have that portion which belonged to the Deceased in Case they had lived.


Item. I make & appoint my well beloved Son James Fogg the Sole Executor of this my last Will ordering & appoint- ing him to pay the Several Legacys & Bequests before men- tioned in convenient time after my Decease. And I do here- . by revoke adnull & make void all & every Will & Wills Testaments Legacys & Bequests by me heretofore made either by word or Writing, ratifying & allowing this & no other to be my last Will & Testament.


In Witness whereof I have hereunto Set my Hand & Seal the fourteenth Day of Iuly in ye 25th Year of ye Reign of King George the Second Anno Domini one Thousand Seven Hundred & Forty seven.


Daniel


his mark Fogg (Seal)


Signed Sealed published pronounced & declared by the Said Daniel Fogg to be his last Will & Testament in pres- ence of Solomon Libby Ioshua Staple Ephraim Libby


Probated 7 July 1755.


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Probate Office 9, 99.


In the Name of God Amen. The first Day of Iune in the Year of Our Lord 1754. I James Grindall of Kittery in the County of York in New Engla Yeoman being weak in Body, but of perfect Mind & Memory Thanks be given unto God, therefore calling to Mind the Mortality of my Body, and knowing that it is appointed for 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 hoping thro the Merits Death & Passion of my Saviour Iesus Christ to have full & free Pardon & forgiveness of all my Sins & to inherit everlasting Life : And my Body I commit to the Earth to be decently buried at ye Discretion of my Executor hereafter named nothing doubting but at ye Gener' Resurrection I shall receive the Same again by the mighty Power of God ; And as touch- ing such worldly Estate wherewith it hath pleased God to bless me in this Life, I give demise & dispose of the Same in the following Manner and Form, that is to Say,




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