Maine wills. 1640-1760, Vol. II, Part 3

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 3


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).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33


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506


MAINE WILLS.


Jonathan Spinney and to his Son Ebenezer Spinney forever and if Ebenezer Should decease before his S' Father then I give Said Land and premisses to the next Son in Age to Ebenezer And if the Said Ionathan Spinney Should decease and his Sons before my Said Wife Then I give my Said Lands and Buildings to my Brother Nathan Spinney & his eldest Surviving Son lawfully begotten and so to his Sons eldest Son and to his eldest Son forever It is to be under- stood That the Intail is to run to the Eldest Son of each mentioned herein and so in that Tenor forever.


Item. I do likewise constitute make and ordain my Said Wife Ierusha Spinney Executrix of this my last Will and Testament. and I do hereby utterly disallow revoke and disannul all and every other former Will & Wills or Lega- cies by me in any Ways before named willed & bequeathed ratifying and confirming this and no other to be my last Will and Testament. In Witness whereof I have hereunto Set my hand and Seal the Day and Year above written.


Signed Sealed and published pro-


nounced and declared by the Said David Spinney as his last Will and Testament In presence of Us Abner Cole Nathaniel Fernald terts Iohin Godsoe


his David - mark


Spinney (Seal)


Probated 14 Jany 1745. Inventory returned 27 Jany 1745, at £769: 9: 4, by Joseph Ham- mond jun., John Godsoe and Thomas Dennet, appraisers.


Probate Office, 6, 172.


In the Name of God Amen. The twenty ninth Day of January Anno Domini One Thousand Seven Hundred


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507


MAINE WILLS.


Forty five Six. I Ierusha Spinney of Kittery in the County of York in the Province of the Massachusetts Bay in New England Widow, being Sick and weak in Body, but of per- fect mind and memory Thanks be given to God, Therefore calling unto Mind the Mortality of my Body Do make and ordain this my last Will and Testament, That is to Say prin- cipally and 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 Burial at the Discretion of my Executor hereafter named. And as touching Such Worldly Estate wherewith it hath pleased God to bless me in this Life I give and dispose of the Same in the following Manner and Form.


Imprimis. I give and bequeath to my beloved Cousin Mar- garet Cole my best Bed and Bedding whereon I now lie, one Pewter Platter Six pewter Plates my dark colourd Riding- hood & one Bible, My Will is that if the Said Margaret Should depart this Life, before She Shall come to the Age of Eighteen Years That the above particulars mentioned given to her I give unto my beloved Sisters Abiel Cole and Charity Cole to be equally divided betwixt them.


Secondly, I give and bequeath unto my beloved Cousin Susanna Knight my dark colour'd Callico Gown.


Thirdly, I give and bequeath unto my beloved Sisters Abiel Cole and Charity Cole to them their Heirs and As- signs forever all the Remainder of my Estate both Real and personal, Moveables and Immoveables wheresoever and whatsoever my Will is that it Shall be equally divided be- twixt them & to be to their own proper Use Benefit and Behoof forever.


Fourthly and lastly I make constitute and ordain my beloved Brother Robert Cole my Sole Executor of this my last Will and Testament and I do hereby utterly disallow revoke and disannul all and every other former Wills Testa- ments Bequests and Executors by me in any Ways before named willed and bequeathed ratifying & confirming this and


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508


MAINE WILLS.


no other to be my last Will and Testament. In Witness whereof I have hereunto Set my Hand & Seal the Day and Year in these presents first mentioned.


Signed Sealed published pro- her


nounced & declared by the Ierusha Spinney ( seal )


Said Ierusha Spinney as her


mark


last Will & Testament, In the presence of Us the


Subscribers


John Cottell


Robert Cole jr Thomas Dennet


Probated 18 Feby 1745. Inventory returned 6 Mch 1745, at £87: 18: 0, by Joseph Ham - mond jun., Thomas Dennet and John Godsoe, appraisers.


Probate Office, 6, 174.


In the Name of God Amen. The Sixth Day of August 1745. I Benjamin Lord of Berwick in the County of York in the Province of the Massachusetts Bay in New England Yeoman being very Sick and weak, but of perfect Mind and Memory Thanks be given to God. Therefore calling to Mind ye Mortality of my Body and knowing it is appointed for all men once to die, Do make and ordain this my last Will and Testament That is to Say principally and 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 to receive the Same again by ye Almighty Power of God, and as touching Such Worldly Estate as it hath pleased God to bless me wta in this Life I give demise and dispose of the Same in the Manner and Form following.


509


MAINE WILLS.


Imprimis, I give and bequeath to Patience my beloved Wife the Use of my House and Barn and all things within Doors of Moveables with my Stock after all my just Debts are paid, during her natural Life and at her Decease to be given and disposed of as is hereafter expressed whom I make and ordain my Executrix to this my last will and Testament.


Item, I give to my Three Sons Benjamin Samuel and Elisha all my Lands and Tenements within the Township of Berwick aforesaid equally to be divided among the three Sons both for and in Quantity and Quality excepting their Mothers Thirds of Said Lands and Tenements during her Natural Life and then to be disposed of and divided as aforesaid, and I also appoint my Said Son Benjamin to be my Executor to this my last Will & Testament to assist his Mother in Selling any of my Stock to pay Debts withal or any thing Elce they See Cause, and also all my live Stock of every kind or Nature and all my Husbandry Utensils of every Sort I give to my three Sons to be equally divided as aforesaid excepting their Mothers Thirds as aforesaid and likewise all my Wearing apparrel to my Sons as aforemen- tioned and their Heirs forever.


Item, I give & bequeath to each and every of my Daugh- ters all my moveable Effects within Doors after their Mothers Decease to all as if particularly and Severally named and to be equally divided amongst the Said Daugh- ters both for Quantity & Quality.


Note all the Lands aforesaid to be in my Executrix' Hands and all my Stock of every kind and She Shall by Virtue of this my last Will and Testament have free Liberty of ye Use of the Same together with all the moveables during her natural Life and to Sell and dispose of any part to pay my just Debts as aforesaid. And I do hereby utterly disallow all former Wills Testaments Legacies & Bequests and Executors by me in any wise before named ratifying and allowing this to be my last Will and Testament. In Witness whereof I


510


MAINE WILLS.


have hereunto Set my Hand and Seal the Day and Year first above written.


Signed Sealed published pronounced Benjamin Lord (seal)


and proclaimed by me the Said Benjamin Lord to be my last Will and Testament in presence of Us the Subscribers. Samuel Gatchell jun" Richard Nason jun" Nath" Perkins


Probated 18 Feby 1745, Inventory returned 18 March 1746, at £691: 10: 6, by Joseph Chadbourn, Moses Butler and Elisha Hill, appraisers.


Probate Office 6, 179.


Memorandum, That on the tenth Day of December 1745, Nathan Pilsbery late resident in York in the County of York Blacksmith at the House of M' Elias Weare in said York where the Said Nathan had lived more than One year last. past being very Sick (of which Sickness he died on ye 13tb Day of December Instant) but at that time vizt on ye aforest tenth Day of December Instant he the Said Nathan Pilsbery was to our last Discerning of Sound Mind and of good Understanding and called us the Subscribers Edmund Coffin Elias Weare Andrew Wastcoat Ionathan Hutchins jun' & Esther Curtis all being then and there present and of full age and desired us to take Notice and to bear Witness, That his Will was to give to his Sister Abigail Field all his Estate and he did then by express Words Say that he did give to his Said Sister Abigail all his Estate in Money Goods Chattels Lands Tools and all and whatsoever did in any Manner belong to him and that was in any manner due to him in : any place and places nothing excepted, and that after his Deccase the Same and every part thereof and all the Interest


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511


MAINE WILLS.


and Estate he had in this World Should be to his Said Sister Abigail Field all which he the Said Nathan Pilsbery divers times repeated and declared to be his Will.


In Witness whereof the aboue written Will is committed to writing this 17th Day of December Anno Dom' 1745


Edmª Coffin Andrew Westcoat


Elias Weare Jonathan Hutchins


Allowed in Court 19 Febury 1745. Letters testamentary issued to Joseph Field and Abigail his wife, same date. Inventory returned 7 April 1746, at £28: 13: 813, by Thomas Knight, Noah Emery and Herkles Fernald, appraisers.


Probate Office, 6, 183.


I John Donnell of York in the County of York in New- England, Thro Mercy am in Health both in Body and Mind, But not knowing how Soon I may be deprived of both do make This as my last Will and Testament. I bequeath to my well beloved Wife Sarah Donnell one Third part of all my personal Estate for ever the Use of my dwelling House and a Garden two Rods Square fenced with a Board Fence where She Shall chuse it, The keeping of one Cow and Six Sheep Winter and Summer for Life and Eight Bushels of Indian Corn and Two Bushels of Rye, One Hundred Weight of Pork and one Hundred Weight of Beef and Eight Cords of Wood corded up at her Door annually for Life to be paid by Son Thomas.


Item, I bequeath to each of my Daughter vizt Abigail Elizabeth Rebecca Mary and Iemima Five pounds apiece in Province Bills of the new Tenor or lawful Silver Money to be paid by my Son Thomas and two Thirds of my personal Estate to be equally divided among them I order my Son Thomas to pay all my Debts and bury me decently


Item I bequeath to my only Son Thomas Donnell and his Heirs and Assigns forever all my real Estate he paying and allowing all the legacies above mentioned. And I appoint my Said Son to be the Sole Executor to this my Will and


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512


MAINE WILLS.


do by these presents revoke and make Void all former Wills.


John Donnell ( seal)


Signed Sealed and declared by the Said Iohn Donnell to be his last Will and Testament March 29, 1738. In the pres- ence of us.


Joseph Holt


Sam" Sewall


William Dunning


Henry Ingraham


Probated 19 Feby 1745. Inventory returned 7 April 1:46, at £382: 7: 6, by John Woodbridge, Benjs Holt and Norton Woodbridge, appraisers.


Probate Office, 6, 183.


In the Name of God Amen I Josiah George Indian of Wells being bound on an Expedition to Cape Breton, and not knowing whether I shall return again alive, Do hereby declare my last Will and Testament viz' After resigning my Self Body and Soul to God to be at his boly Will and pleasure. I give demise and dispose of all my Estate Real and personal as follows viz' I give and bequeath unto Mrs Bathsheba Emery Wife of M' Samuel Emery of Wells all my Estate real and personal in Possession Reversion or Remainder and all Debts due to me from any person or persons and whatsoever shall appear due or to be due to me Nothing excepted. Witness my Hand and Seal the 26th Day of February 1744.


Signed Sealed pronounced & declared by Josiah George as


his


his last Will & Testam' in Presence of


Iosier


George ( seal)


mark


John Woodbridge Freelove Woodbridge


-


Probated 19 Fohy 1745. Samuel Emery appointed Executor with the will annexed.


1.


513


MAINE WILLS.


Probate Office, 6, 189.


In the Name of God Amen December ye 9 1745. 1 Samuel Fernald of Kittery in the County of York in New England Blacksmith being weak of Body but of perfect Mind and Memory, Thanks be to God for the Same there- fore calling to Mind the Mortality of my Body and knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament, That is to Say, first & principally I give and recommend my Soul to God who gave it, and my Body I recommend to the Earth to be buried in a decent Christian Burial at the.Discretion of my Execu- tor hereafter named, 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 where- with it hath pleased God to bless me with in this Life I give demise and dispose of the Same in the following Manner and Form.


Imprimis. I will and ordain that my just Debts and funeral Charges be first paid and discharged.


Item, I give to my beloved Son Samuel Fernald all my Right Title and Interest to the Land I now possess on the Island and Common Rights.


Item I give to my beloved Daughter Elizabeth Fernald one Feather Bed.


Item, I have already given to my beloved Daughter Anne Fowler her Share or Portion already, and -


I give to my beloved Wife Elizabeth Furnal one Third part of my Lands and moveables during her natural Life, and then to return to my Children except my Son Samuel and Daughter Anne And the Remainder of my Moveables to be equally divided amongst the Remainder of my Chil- dren, which are not mentioned by Name at iny Deceasc. I likewise constitute make and ordain my beloved Soo Samuel Fernald my Sole Executor of this my last Will and Testa- ment to discharge all my Debts and to receive Claims And I


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514


MAISE WILLS.


do hereby disallow revoke and disannul all and eucry other former Testament and Wills Legacys and Bequests & Execu- tors by me in any Ways before named willed and be- queathed, ratifying and confirming this and no other to be my last Will and Testament. In Witness whereof I bave hereunto Set my Hand and Seal the Day and Year aboue written.


Signed Sealed published pronounced Sam" Fernald (seal) and declared by the Said Samuel


Fernald to be his last Will and Testament in the Presence of us


the Subscribers


Joseph Harford Samuel Gunnison Joseph Gunnison


Probated 20 Feby 1745. Inventory returned 31 Mich 1748, at 2388: 15: 9, by Joseph Gunnison and Richard Rice, appraisers.


Probate Office, 6, 192.


In the Name of God Amen. The fourth Day of Nov in the year of our Lord One Thousand Seven Hundred and Forty five I Jonathan Nason of Kittery in the County of York within the Province of the Massachusetts Bay in New England Yeoman being Sick and Weak, but through Divine Goodness of Sound and perfect Memory, and not expecting to continue long in this Life do make and ordain this my last Will and Testament, resigning my Soul to God, hoping for Mercy thro Jesus Christ. I give and dispose of my Worldly Estate Real & personal in Manner following viz


My Will is and I do give and hequeath to my well beloved Wife Adah Nason all my moveable Estate within Doors and without (except farming Implements) to her Dispose, and if She leaves any undisposed of at her Death, to be divided


515


MAINE WILLS.


amongst my Daughters. I likewise give to my Said Wife one Third part of the Produce of all my Real Estate com- pleatly managed to the best advantage and brought into her by my Son Azariah Nason, I like wise give her her Garden on the Eastern Side of the Way during her Life and the Western End of my House with the Cellar under it and one Third part of the Barn. I likewise give her Wood Suffi- cient for her own Fire to be haled to her by my Said Son Azariah; and if at any time my Said Wife See Cause to Manage her part her Self, My Will is that She have one half of my Real Estate during her natural Life and manage the Same her Self ; My Will is likewise that my Said Wife bury me decently and pay my Funeral Charges.


Item, I give and bequeath to my Son Richard Nason Five pounds lawful Money equal to Twenty pounds old Tenor besides what I have already given him.


Item, I give and bequeath to my Son John Nason five Shillings old Tenor equal to one Sbilling and three pence he having had his Portion already.


Item, I give and bequeath to my Son Ionathan Nason Twenty Acres of Land in Fee Simple in Berwick being laid out to me by Vertue of my additional Grant as p the Return in Bewick Records recorded Decem' 24, 1731. I likewise give him Five pounds lawful Money equal to Twenty pounds old Tenor. I likewise give my Said Son Jonathan all my Estate in Berwick of whatever Kind in Fee Simple to him his Heirs and Assigns forever.


Item, I give and bequeath to Jeremiah Nason the Son of my Son Uriah Nason Decd Fifty Shillings equal to Ten pounds old Tenor.


Item, I give and bequeath to my two Eldest Daughters vizt Mary Libbey and Sarah Frost three pounds & fifteen Shillings lawful Money each equal to Fifteen pounds old Tenor each besides what I have already given them.


Item, I give and bequeath to my Daughter Philedelphia


------


516


MAINE WILLS.


Rankin Twenty pounds old Tenor equal to Five pounds lawful Money She having had Something before.


Item, I give and bequeath to my other Two Daughters vizt Adah Nason and Elizabeth Nason Six pounds & five Shillings lawful Money each equal to five pounds old Tenor each.


All the aforementioned Legacys to be paid by Son Azariah Nason.


Item I give and bequeath to my Son Azariah Nason all my Estate in Kittery of whatsoeuer kind (which has not hereto- fore been disposed of) in Fee Simple to him and his Heirs & Assigns forever he Managing and returning to his Mother during her Life Such a part of the Income of my Estate as I have allotted her in this my Will and find her Fire wood, and pay my Debts. My Will likewise is that my Said Son Azariah pay the Several Legacys herein expressed within Two Years after my Wifes Decease, and in Case my Said Wife incline to manage her part of my Estate her Self my Will is that my Said Son Azariah Surrender to her one Half of the Said Estate during her Life, & then to return to him again.


Lastly, I constitute my Wife Adah Nason and my Son Azariah Nason Executors of this my last Will and Testa- ment. In Witness whereof I Set my Hand and Seal hereto the Day & Year above written.


Signed Sealed published pronounced Ionathan Nason (se1) & declared by the Said Iona Nason to be his last Will and Testament in presence of/ Henry Snow John Ferguson Joseph Goold jun' Caleb Emery.


Probated 7 April 1746. Inventory returned at £333: 3: 0, new tenor, by Nathan Bartlet, Benj. Stacy and Caleb Emery, appraisers, 23 May 1746.


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MAINE WILLS.


Probate Office, 6, 193.


In the Name of God Amen. The twenty fifth Day of November one Thousand Seven Hundred and Forty five, I Samuel Allen of Berwick in the County of York Husband- man being very Sick and weak in Body, but of perfect Mind and Memory Thanks be given unto God, Therefore calling unto Mind the Mortality of my Body and knowing, that it is appointed for all men once to die, do make and ordain this my last Will and Testament, That is to Say principally and 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 Discre- tion of my Executors hereafter named 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 and Form.


Impre I give and bequeath unto my beloved Wife Jane Allen all my Estate both Real and personal to have the Improvement of as long time as She Shall bear up my Name by remaining a Widow, and after her Marriage or Death I dispose of the Same as followeth.


Item, I give and bequeath unto my loving Daughter Bridgit Hearl and her Son William Hearl and to their Heirs and Assigns forever Two Acres and an half of Marsh in the old Swamps so called adjoining to Grindal Knights Land & Joseph Hearts Land also Two Acres of Land at the lower End of the Field adjoining to Roger Plaisteds Land on one Side bounded by the old Hedge Fence and from thence to run towards Joseph Allins Field where he plants until Two Acres is accomplished and also I give unto my Said Daugh- ter Bridget and her Heirs Seven Appletrees and the Ground they Stand upon, wch Ground is bounded beginning where the old House Stood upon the Hill joining unto Roger


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518


MAINE WILLS.


Plaisteds Land, and from thence down the Hill by the High Way towards my dwelling House until it takes in Seven of the Appletrees next to ye High Way and no further And I also allow a convenient Way between my Land and Mr Plaisteds for my Daughter Bridget to pass to the Said Two of Land last mentioned.


Item I give and bequeath unto my loving Daughter Marey Allin to her Heirs and Assigns forever all the remaining part of my Estate vizt my Dwelling House Barn Lands and all my Estate both real and personal not before mentioned. Lastly I make ordain my loving Wife Jane Allin and my Daughter Mary Allin my Sole Executors of this my last Will and Testament And I do hereby utterly disallow re- voke and disannul all and every other former Testaments Wills Legacys and Bequests and Executors by me in any Ways before named willed and bequeathed ratifying and confirming this and no other to be my last Will and Testa- ment. In Witness whereof I have hereunto Set my Hand and Scal the Day and Year above Written.


Signed Sealed published pronounced and declared by the Said Samuel Allin as his last Will and Testamt in the Presence of us Witnesses, his


Moses Butler


Samuel


Allen (seal)


Iames Frost


Joseph Stone


mark


Probated 7 April 1746. Inventory returned 20 June 1747, at £230: 3: 0, old tenor by Roger Plaisted, James Frost and Moses Butler, appraisers.


Probate Office, 6, 195.


In the Name of God Amen. The first Day of August 1745. I Iohn Fall of Berwick in the County of York in the Massachusetts Bay in N : E: Yeoman, being very Sick and weak in Body, but of perfect Mind and Memory, Thanks be


519


MAINE WILLS.


given unto God : therefore calling to Mind the Mortality of my Body, and knowing that it is appointed for all men ouce to die, do make and ordain this my last Will and Testament ; That is to Say, principally and first of all, I give and recom- mend 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 & dispose of the Same in the following Manner.


Impres I give and bequeath to Judith my dearly beloved Wife all my Household Stuff to be to her sole Use and dis- pose forever : And my Will is that She Shall have the Use of one half of my Homested and live Stock, and one half of my part of the Saw Mill at Salmon Falls, during her natural Life.


Item, I bequeath to my Son Iohn Fall, all my Homested of Houses and Lands, containing about Thirty Acres, be it more or less, only his Mother is to have one half during Life : And this Bequest I give him provided he pay my Debts & Legacys and funeral Charge. It is my Will also that he Should have my part in the Saw Mill allowing his Mother the Use of one Half of the Priviledge during her Life. My Said Son John Shall have one halfe of the Live Stock as well as the Utensils to ye Farm & Mill belonging to him his Heirs and Assigns forever.


Item, I give to my Son Trustrum, Fifty Acres of Land with the Trees thereon, and all the Appurtenances thereto belonging, of my Right in the New Township, to him his Heirs & Assigns forever.


Item, I give to my Son Zebedee Fifty Acres of Land with the Woods and Trees and Water Courses and other Appur- tenances to the Same belonging of my Right in the new


520


MAINE WILLS.


Township above Salmon Fall or Berwick, to him his Heirs & Assigns forever.


Item I giue to my Son Phillip Fifty Acres of Land with Woods Trees, Water Courses, and other Appurtenances of my Right in the new Township above Berwick, to him his Heirs & Assigns forever.


Item I give to my Son John and Samuel all the Remain- der of my Right in the new Township with the Appurten- ances to enjoy in Severalty, To them their Heirs and Assigns forever.


Item, I give to my Daughters Susannah Judith Mary and Margaret Five pounds a piece in old Tenor.


Finally I constitute my beloved Wife, Judith and my Son John to be the Sole Executors of this my last Will & Tes- tam' And I do hereby utterly disallow revoke and disanul all & every other former Testaments Wills Legacies and Be- quests and Executors by me any Ways before named Willed and bequeathed ratifying and confirming this and no other to be my last Will and Testament. In Witness whereof I have hereunto Set my Hand and Seal the day and Year ebove written. his


Signed Sealed published pronounced and declared by the Said Iohn Fall as his last Will and Testament, in the presence of Us the Subscribers. William Hupper


John -- Fall (seal) mark


Ioshua Nock his


Iohn x Hoffom




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