USA > Maine > Maine wills. 1640-1760, Vol. II > Part 7
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Impr I will that all my just Debts & Funeral Charges be paid by my Executor hereafter named out of my Estate as soon as may be conveniently after my Decease, and also my Wife's Funeral Charges after her Decease.
Item I give & bequeath unto Anna Fernald my dearly beloved Wife the Income of my Real Estate during her natural Life.
Item I give & bequeath unto my well beloved Son Nathan1 Fernald all my Wearing apparel, and give & confirm unto him all my Real Estate of what kind or Nature Soever, which .I have already given him by a Deed or Instrumt under my Hand & Seal.
Item, I give & bequeath unto my well beloved Daughter Mary Fernald a Bed & Furniture belonging to it Standing in the Northeast Corner of my House
Item. I give & bequeath unto my well beloved Daughters
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MAINE WILLS.
Hannah Breeden & Ruth Knight all my Household Goods and personal Estate of every kind to be equally divided between them after my just Debts & funeral Charges and my Wifes Funeral Charges be paid out of the Same to be delivered to them by my Executor within Twelve Months after my Decease and the Decease of my Wife.
Item, I give & bequeath unto my Grandson George Fer- nald the Son of Tobias Fernald late of Kittery Decd Five Shillings lawful Money to be paid to him within twelve Months after my Decease by my Executor hereafter named.
And I do hereby make & ordain my Said Son Nathaniel Fernald my Sole Executor of this my last Will & Testa- ment and do hereby utterly disallow revoke & disannul all & every other Will or Wills Legacys Bequests & Executors by me in any Ways before named Willed & bequeathed, Ratifying & confirming this & no other to be my last Will and Testament. In Witness whereof I have hereunto Set my Hand & Seal the Day & year before written.
Signed Sealed published pronounced
and declared by the Sª Nathaniel A Fernald (seal) mark
Nath' Fernald as his
last Will and Testament
In presence of Us, his
Abner Cole
David X Spinney mark
Lydia Allen
John Godsoe
her
Ierusha X Spinney mark
his
Probated 4 April, 1743. Inventory returned 3 April 1748, at £302 : 18 : 4, old tenor, by Joseph Fernald, abner Cole and John Godsoe, appraisers.
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MAINE WILLS.
Probate Office, 7, 137.
I Ichn Nason late of Kittery now of Berwick bound on an Expedition to Cape Breton, make this my last Will & & Testament vizt
I make and appoint my Wife Margaret the Sole Execu- trix of this my Will, and hereby give devise and bequeath unto her all my Estate Real & personal in any place or places to be by her used improved and disposed of in any Manner as She Shall See meet & Judge convenient for her own Support and the Support and maintainance and Educa- tion of my Children which I leane with her. I hereby declaring that her disposing of or Selling of my Land at her own Pleasure Shall be good as if I my Self had done the Same. Witness my Hand & Seal the Second Day of March Anno Domini 1744.
Signed Sealed pronounced & declared Iohn Nason (saal) by John Nason to be his last Will
and Testament in presence of Ios : Hearl Sarah Hearl
Richard Emery, Noah Emery
Probated 4 April 1:48. Inventory returned 1 July 1748, at £83 : 11 : 9, new tenor, by Abraham Lord, Richard Shackley junr and Noah Emery, appraisers.
Probate Office, 7, 147.
In the Name of God Amen. I Robert Smith of Arundel in the County of york in His Majestys Province of the of the Massachusetts Bay in New England Yeoman, being Sick and weak in Body, but enjoying the free use of my Reason and Understanding, Thanks be given to God therefor : and calling to Mind the Mortality of my Body, and knowing that it is appointed for all mon once to die, do make & or- dain this my last Will & Testament, in Manner & Form fol-
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MAINE WILLS.
lowing, that is to Say, I do principally & first of all commend my Soul into the Hands of almighty God that gave it, hoping thro the Merits Death & Sufferings of our Lord & Saviour Iesus Christ for the full Pardon of all my Sins, and to inherit everlasting Life : and my Body I commit to the Earth to be decently buried at the Discretion of my Execut" hereafter named ; nothing doubting but at the Gen1 Resurrection I Shall receive the Same again by the mighty Power of God. And as to the Settlement of Such Worldly Substance as God hath been pleased to bless me with ; my Will is that it be Settled in Manner & Form following vizt
That with Mary Smith my dear & loving Wife, Joseph Miller my Brother in Law be joined an Executor to manage with her in all Affairs that respect my Estate ; excepting ye Settlem of a Bond which Lieu' Burbank hath against me.
II. That my Funeral Charges and all other my just Debts be paid by my two Executors above named.
III. My Will is that with Mary my beloved Wife Robert Patterson of Biddeford in our Said County Trader, be my Executor to assist her in the full Discharge final Execution & Settlement of ye aforest Bond in the Hands of Said Bur- bank, because none but my Self knows so well the circum- stances of it, as he doth.
IV. My Will is, that over & above her Right of Dower & Power of Thirds the Said Mary my Wife out of my Estate, have a good Suit of Mourning, and so long as She remains my Widow and lives in my dwelling House for the Support of her Self & Family I leave all within Doors and without, to be by her improved according to the Advice & Direction of the Said Miller my Executor; and would have but one Yoke of Oxen, one Horse, and the rest of the Stock kept on the place to be Cow kine, the overplus of the Stock whether Oxen or Horses both I would have disposed of
V. In Case the Said Mary Shall be maried again, that my Fatherless Children may not be under the Command of a Father-in-Law, nor any Father in law Settle himself on my
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MAINE WILLS.
Estate my Will is that all my Children upon the Marriage of their hond Mother be put to live with one or another of my Relatives here in our Said Town as Said Miller my Ex- ecutor and Mary their Mother Shall think best for them, and my Place rented out by said Miller, who Shall take Care that all my Children be taught to read write & cypher my Sons to the Rule of Three, and that the Thirds of the Household Goods my Wife upon her Marriage may take with her be inventoried, that so my Children as they Shall be no Charge to a Father in Law, may at their Mothers Death have them again.
VI. That no Father in Law come on my Place to lay out my Wives Thirds to the Disturbance of my Children in their quiet Enjoymt of what I leave them ; my Will is, that the annual Income and Profits of my Estate be computed, and the Thirds of it during the Life of the Said Mary be by Miller my Executor or my Children paid their Mother Yearly & every Year in Money or in ye Produce of the Place which She chuses : And confirming this to be my last & only Will, I do now hereunto Set my Hand & Scal the 27th of May Anno Domini 1747.
Signed Sealed pronounced & declared by the Said Robert Smith as his last
Robert Smith ( seal )
Will, in presence of us three Witnesses Abel Merrill
Jeremiah Miller
Samuel Iameson
Probated 5 April 174S. Inventory returned at £682: 10: 11/2, new tenor, by Thomas Per- kina, A bel Merrill and Robert Cleves, appraisers, 13 May 1748; also debts due the estate of £26 from John Fairfield, and £5 from Harris Downing, old tenor.
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MAINE WILLS.
Probate Office, 7, 152.
The last Will and Testament of lohn Smith of Arundel I will that the Children of my two Daughters the Wife of Joseph Miller & the Wife of Samuel Jameson Shall have all my Real Estate, but what Robert Smith bought of Benja Downing, the which purchase I will to William Smith the Son of Robert Smith Dec. The Stock with the other moveables I will to my Wife with the one Third of the Income of all the aforesd Estate during her Life. I Will that Joseph Miller & Samuel Iameson be my Executors Dated April 8. 1748. his Signed and Sealed
in presence of us. his Enoch. X Danforth mark Benja Downing
John Smith (Seal)
mark
Frobated 17 May 1748. Inventory returned 25 June 1748, at £1130, by Thomas Perkins Benj: Downing and Abel Morrell, appraisers.
Probate Office 7, 162.
In the Name of God Amen. The twelfth Day of October Anno Domini one Thousand Seven Hundred twenty & one I Charles Trafton of York in the County of York in the Province of the Massachusetts Bay in New England Yeoman being of perfect Mind & Memory, Thanks be given unto God; and calling unto Mind the Mortality of my Body do make & ordain this my last Will & Testament, That is to Say principally & first of all I recommend my Soul into the Hands of God that gave it, and my Body I recomend to the Earth to be buried in decent Christian Burial at the Dis- cretion of my Executrix hereafter named, And as touching
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MAINE WILLS.
Such Worldly Estate wherewith it hath pleased God to bless me in this Life, I give demise and dispose of the Same in ye following Maner & Form.
Imp' I give to my Brother Hezekiah Trafton Ten Shil- lings in Current Money of New England.
Item. I give to my Sisters Elizabeth Johnson Iane Beal Dorothy Main Penelope Bracy five Shillings in Currant Money to each of them.
Item, I give & bequeath to Sarah my dearly beloved Wife, whom I likewise constitute make & ordain my Sole Executrix of this my last Will & Testament and to her Heirs & Assigns forever all & Singular my Lands Messuages & Tenements together with all my Housing Household Goods Stock of Creatures Debts and moveable Effects whatsoever & wheresoever by her, her Heirs and Assigns, freely to be possessed & enjoyed forever.
- Item. I desire & appoint the Honble Joseph Hammond Esq and the Revª M' John Newmarch to be Overseers of this my last Will & Testamt and to assist my Execut> in her Executrixship.
Finally I do hereby utterly disallow & disannul all & every other former Testaments Wills Legacys & Bequests & Execut's or Executrix's by me in any Ways before named willed and bequeathed, ratifying & confirming this & no other to be my last Will & Testament. In Witness whereof I have hereunto Set my Hand & Seal the Day and Year above written.
Signed Sealed published pronounced Charles Trafton (seal) & declared by the Said Charles
Trafton as his last Will & Testa-
ment in the presence of us
the Subscribers,
Richd Rice John Sheppard
Paul Wentworth John Newmarch je.
Probated 17 May 1748. Inventory returned 13 March 1749, at £928, old tenor, by Ralph Farnam, Christopher Pottle and Alex' M-kintire, appraisers.
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MAINE WILLS.
Probate Office, 7, 164.
In the Name of God Amen. I Iames Frost of Berwick in the County of York & Province of the Massachusetts Bay in New England being indisposed of Body, but of perfect Mind & Memory do make & ordain this to be my last Will & Testament as follows vizt.
Impr I recommend my Soul to God who gave it, amd my Body to the Earth to be decently buried in Such Manner as my Executors hereafter named Shall Seem meet; and as to what worldly Estate it has pleased God to give me, I give & dispose in Manner following, vizt
Imprimis. I give & bequeath unto Margaret my dearly beloved Wife all the Farm where I now dwell, with all my Lands thereto adjoining, with the Houses Buildings & Ap- purtenances thereunto belonging, also my Quarter part of the Grist Mill & Priviledge at Quamphegon as also the half of my Priviledge in the Saw Mill at Quamphegon during her Life.
Item. I give & bequeath unto Margaret my dearly beloved Wife all my Moveables within Doors & without, as also my Right in the New Township at the head of Berwick, as also all my Right in the common & undivided Lands belonging to the Proprietors of Berwick as also all other Estate which I Shall not hereafter dispose of forever.
Item. I give unto my beloved Son Iames Frost his Heirs and assigns forever all the Estate where he now dwells with the Houses Buildings & Appurtences thereto belonging it being the whole of what was Set off as his part when he & his Brothers William & Nathaniel made a Division of their Lands he the Said James to pay to my Son Iohn Frost Forty pounds old Tenor.
Item. I give unto my beloved Son William Frost Five Shillings in Money old Tenor besides what he has already had to be paid by my Wife Margaret.
Item. I give unto my beloved Son Nathaniel Frost Five
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MAINE WILLS.
Shillings in old Tenor Money besides what he has already had to be paid him by my Wife.
Item. I give to my beloved Son John Frost my half of a piece of Marsh which is in partnership with my Son William Frost as also Forty pounds old Tenor Money which I have ordered my Son Iames Frost to pay him, as also Eighty pounds old Tenor which I order my Wife to pay to my Said Son John besides what he has already had
Item I give & bequeath unto my beloved Son Stephen Frost the Twenty Acres of Land where his House now Stands near Cranberry Meadow be the Same more or, as also Seven Acres of Land be the same more or less at the old Board Wigwam near Salmon Falls little River, as also ye one half of my Priviledge in the Saw Mill at Quamap- hegon as also Eighty pounds old Tenor Money which is to be paid him by my Wife.
Item. I give & bequeath unto my Son Jeremiah Frost his Heirs and Assigns forever after my Wifes Decease my Homested & all the Land thereto adjoining with the Houses Buildings and Appurtenances thereto belonging. As also I give to my Son Jeremiah Frost my Part of the Grist Mill & Priviledge of the Stream at Quamphegon, as also the half of my part of the Saw Mill and Priviledge at Quamphegon and to his Heirs and Assigns forever, after my Wifes Decease.
Item. I give unto my beloved Daughter Mary Gerrish Ten pounds in Money old Tenor, and to my Daughter Iane One Hundred pounds in old Tenor Money and to my Daugh- ter Margaret One Hundred pounds in old Tenor Money to be paid them by my Wife, and also my just Debts, & Fun- eral Charges to be paid & discharged by her. and,
Lastly. I do appoint my dearly beloved Wife Margaret Frost and my beloved Son Jeremiah Frost Executors of this my last Will and Testament. In Testimony whereof I have hereunto Set my Hand & Seal this Seventeenth Day of Sep- tember Annoque Domini One Thousand Seven Hundred &
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MAINE WILLS.
Forty four and in the Eighteenth Year of King George the Second.
Signed Sealed & Delivered by Iames Frost aforesª to be his last Will & Testam' in pres- ence of us. Roger Plaisted Tobias Leighton Iames Chadbourn jun"
The Words [old Tenor ] & the word [beloved] were interlined before Sign- ing and Sealing. Iames Frost (seal)
Probated 4 July 1748. Inventory returned 29 Sept. 1748, at €3648: 4: 0, old tenor, by Humphrey Chadbourn, Roger Plaisted and Jos: Chadbourn, appraisers.
Probate Office 7, 165.
In the Name of God Amen. The Ninth Day of Novem- her Anno Domini One Thousand Seven Hundred & Forty five, I William Tetherly of Kittery in the County of York and Province of the Massachusetts Bay in New England Gent" being aged but of perfect Mind & 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 & 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 a decent & Chris- tian manner at the Discretion of my Executor, hereafter named, nothing doubting but at the great & General Resur- rection I Shall receive the Same again by the mighty power of God. And as touching Such Worldly Estate as it hath pleased God to Bless me in this Life with I give demise & dispose of ye Same in the following Manner and Form.
Impr I will that all my just Debts & funeral Charges be raised and paid out of my Estate as Soon as may be conven- iently after my Decease.
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MAINE WILLS.
Item, I give & bequeath unto Merey Tetherly my dearly beloved Wife the whole Income Profit & Improvement of all my real Estate of every kind & nature whatsoever & whare- soever the Same or any part thereof may be found during the Time that She Shall remain a Widow, and likewise I give to my Said Wife all my personal Estate that Shall be remaining after the Several Sums herein mentioned are paid and Satisfied to dispose of as She Shall think proper.
Item. I give and bequeath unto my Sons William Tetherly and Iohn Tetherly and to the Heirs lawfully begotten of their Bodys all my Lands & Buildings, and all my Rights & Titles to any Lands & Builds lying & being in the Town of Kittery and Berwick or in any other place wheresoever ye Same or any part thereof may be found together with all my Rights of Commonages, and all other of my real Estate for ever to be equally divided between them. And if either of them Should decease and not leave any lawful Surviving Heir or Heirs to inherit what is given to him the other Brother & his Heirs is to Inherit the whole of what is before mentioned as their proper Estate.
Item. I give & bequeath unto my Three Daughters vizt Mary Dennet, Mercy Jackson, & Susanna Staple to each of them Ten pounds of the old Tenor to be levied & raised out of my Estate and paid to them in Money or in Specie at Money price or out of my moveable Estate So far as it will go in paying Said Debts & Legacies as herein mentioned to be paid as Soon as may be conveniently after my Decease, and to be paid by my Executa hereafter named or by my Sons. aforementioned.
Item. I give & bequeath unto my four Daughters viz* Ruth Tetherly & Elizabeth Tetherly, Eleoner Tetherly & Anne Tetherly to each of them One Hundred pounds of the old Tenor to be levied and raised out of my Estate & paid to them as Soon as may be conveniently after my Decease by my Said Executx or by my Sons before named in Money or in part of my moveable Estate or Specie at Money Price.
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MAINE WILLS.
Item. I do likewise constitute & appoint Mercy my Said Wife to be my Sole Executrix of this my last Will & Tes- tament, and I do hereby disallow revoke & disannul all & every other former Will or Wills Legacys & Bequests by me in any Ways before named willed or bequeathed ratify- ing & confirming this & no other to be my last Will & Tes- tament. In Witness Whereof I have hereunto Set my Hand & Seal the Day & Year before written.
Signed Sealed published pronounced Wm Tetherly (seal) & declared by the Said Wm Tetherly
as his last Will and Testament
in the presence of us. Iohn Spinney Samuel Tetherly Iobn Godsoe
Probated 4 July 1748. Inventory returned 3 Oct. 1748, at $5577: 14: 5, old tenor, by Thomas Knight, Ebenezer Fernald and John Godsoe, appraisers.
Probate Office, 7, 166.
In the Name of God Amen. To whomsoever it may con- cern be it hereby known, That I John Wells of Wells in the County of York in the Province of the Massachusetts Bay in New England Yeoman, being of a Sound disposing mind, thô far advanced in Years ; Do under the Apprehensions of my approaching Death commit my departing Spirit unto the Mercy of God, thro Jesus the Mediator, and my Body into the Hands of my Executors hereafter mentioned to be by them decently interr'd in full Belief of the Resurrection thereof by the mighty Power of God. and dispose of the temporal Estate wherewith the Lord hath blessed me in the following Manner vizt.
1t. I Will that all my just Debts and funeral Charges
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MAINE WILLS.
Shall be paid by my Executors hereafter named out of my moveable Estate
21 I give & bequeath unto my beloved Wife Mary Wells Fifty pounds in old Tenor Bills of the Province aforesaid to be paid unto her by my Executors within three years after my Decease.
31 I give and bequeath unto my beloved Daughter Mary Maddock, Fifty pounds in old Tenor Bills to be paid unto her by my Executors within three Years after my Decease.
41y I give and bequeath unto my Grandson John Maddock Fifty pounds old Tenor to be paid unto him by my Execut" within three years after my Decease.
51 I gine and bequeath unto my Grandson Palsgrove Maddock Fifty pounds old Tenor to be paid unto him within Three years after my Decease by my Executors.
6'y I give and bequeath unto my Grand Daughter Mary Pike Fifty pounds old Tenor to be paid unto her by my Executors within three Years after my Decease.
7h I give and bequeath unto my Grand Daughter Sarah Maddock Fifty pounds old Tenor to be paid unto her by my Executors within three years after my Decease.
And my Will is, That in Case my Said Wife or Daughter Mary or either of her aforementioned four Children, Shall die before me, then my Executors Shall pay the Sum they were to have paid unto Such Decd person or persons, pro- vided they had Survived me according to my foregoing Bequestments unto them, unto Such of those Six persons as Shall Survive me, dividing it in equal Shares amongst those Survivors over & above the Fifty pounds I have herein given to each one of them in particular, and that the aforesd Bequestments Shall be each ones full Share and Portion in & to all & every Part of my Estate to whom they are respec- tively made. Furthermore my Will with respect to my Said Daughter Mary and her aforementioned four Children, is that if I Should during my natural Life pay or cause to be
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MAINE WILLS.
paid unto her my Said Daughter Mary and her Said four Children or any of them all or any part of the Fifty pounds I have herein willed my Executors to pay them, my Execu- tors Shall be discharged of Such Sum or Sums so paid to them or any of them in my Life time, any thing herein con- tained to the contrary in any wise notwithstanding.
8. I give & bequeath unto my beloved Son Iohn Wells jun' his Heirs & Assigns forever all that parcel of Land on which he now dwells and the Marsh adjoining thereunto excepting four Acres of Marsh lying next to Ioshua Wells Marsh, the Said Land & Marsh lying & being in Wells aforesd butted & bounded as is expressed in a Deed given under my Hand & Seal of said Land & Marsh unto my Said Son John Wells, Dated Anno Domini 1740. and recorded with the Records for Deeds in the Said County of York within weh Bounds the Said Four Acres of Marsh are in- cluded, but excepted and reserved in Said Deed and Since the making thereof conveyed by me unto my beloved Son in Law Thomas Goodwin and my beloved Daughter Hannah the Wife of the Said Thomas Goodwin; And further to prevent any Difficulty that may arise thro any Weakness or Deficiency in Said Deed or on any Accot whatsoever I do likewise hereby bequeath and renewedly give unto my Said Son Jobn Wells the Same one Half of my Part of the Saw Mill Standing over the lower Falls of little River with the one half of the Priviledge that belonged to me there before the making Said Deed, and the one half of the Utensils Im- plements & Appurtences belonging to my Said part of Said Mill as is expressed in the aforementioned Deed, together with the Buildings Fencings Trees Timber Wood Under- wood Herbage and everything appertaining to the Land where he now dwells and to the Marsh adjoining thereunto, and likewise one fourth part of the Gristmill it being that which he himself has built over the lower Falls at little River Since my making the aforementioned Deed unto him.
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MAINE WILLS.
91y I give & bequeath unto my Sª beloved Son in Law Thomas Goodwin and my beloved Daughter Hannah the Wife of the Said Thomas Goodin their Heirs & Assigns forever Fourteen Acres of Land Upland Interval or fresh Meadow Ground & Salt Marsh be it more or less lying & being in Wells aforesd butted & bounded as is expressed in a Deed to them given under my Hand & Seal Dated the twenty seventh Day of January Anno Domini 1742 & re- corded with the Records of Deeds for ye Said County of York Libº 25. Folo 28. together with the Buildings & Fenc- ings that are or Shall be thereupon at the Time of my Death with the Trees Timber Wood Under Wood Herbage & Min- erals thereunto belonging ; Still reserving the Strip of Land lying next to Nathan1 Clarks Land Two Rods Wide, which is reserved in Said last Deed, and the Liberty of flowing the Intervale as reserved in Said last Deed and herein here- after disposed of; I likewise give unto my Said Daughter Hannah Goodwin her Heirs & Assigns forever One Quarter part of the lower Saw Mill on little River lower Falls with one Quarter part of said Falls & Priviledge where Sª Saw Mill Stands, and one Quarter part of the Utensils Imple- mts and Appurtences belonging to Said Mill : I also give & bequeath unto my Said Daughter Hannah Goodwin one Quarter part of the Grist Mill Standing on or over Said Falls at little River with a Quarter part of the Utensils Im- plements & Appurtenances belonging to Said Gristmill.
10by I give & bequeath unto my Grandson Thomas Good- win a Minor twenty Acres of Land be it more or less lying & being in Said Wells, to be to him his Heirs & Assigns forever butted and bounded as is expressed in a Deed I have given him hereof under my Hand & Seal bearing Date the twenty seventh Day of January Anno Domini 1743. Still reserving the Liberty of overflowing any Interval Ground there may be in Sd bounded Land, which is reserved in the last mentioned Deed, and which is herein hereafter
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