Probate records of the Province of New Hampshire Vol. 1 1635-1717, Part 12

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I27


NEW HAMPSHIRE WILLS


tinge John my Indian Servant free and painge him to ye value of five poundes at ye decease of ye said Joanna. Moreover I doe hereby constitute and appoint my sonne and heire Thomas above- said Executor and my wife Joanna Executrix jointly whilst they are both livinge and severally after the Deceace of either of them In wittness of the p'mises I doe here unto set my hand and seale this one & twentyeth day of september Anno Domini 1671


Test


Thomas X Layton seni' [seal]


(to each of them ) interlined his mark


Jnº Reyn'


X Thomas Roberts juni' his mark


[Proved June 25, 1672.]


[Inventory, Feb. 15, 1671/2 ; taken at the request of the widow and her son, Thomas Leighton; amount, £475.5.0; signed by Job Clements, John Dam, and John Hall. ]


JOHN GARLAND 1671 HAMPTON


The last will and teastiment of John Garland senior : aged about fivety yeares of Hampton in the countie of norfolke : in nue eng- land Being made and signed : this 15th day of november 1671 :


In the name of Jesus christ who is Lord of quick and dead : who hath [taught]1 uss to doe the will of our Heavenly father And yet hath in his word Ratified the will of the teastatour when he is dead : I John Garland sick in body


As for my outward Estate which god have [gratiously] given me As it is the will of god so my will Is that out of It [my debts] being first paide that then my wife and childreng : should live of [ye] Rest : I doe thearfore give and Bequeath unto Elizabeth my loving wife the north End of my dwelling House the lower Rome & the bed in the Rome & all : furniture to itt : and ten : pound a


1Words in brackets are supplied from the recorded copy, Norfolk County, Mass., Deeds, vol. 2, p. 249.


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yeare to be payd as followeth & nesesary Housold stufe that shall be nedfull for a single. woman & a Hors to be found Her by my Excectatour : & wood brought to Her dore fitt for the fire : so long ass she live in the House if she Remove from the House or marry then the wood & Hors & the House & five pound of the former ten to cease : she only to Have five pound a yeare paid Her : and to Have the bed and furniture away with Her: & I give unto Her the milke of a cow so Long as she live in the House : aforesd :


tt I give & bequith unto my son John : garland : my Dwelling House and barn & all my out Housing and all the land : a bout the House & the medow : all that I bought of phillip lewes : & 5 ackes : more or less of salt marsh lieng in the Littill oxe comon : which wase formerly Tho: chaces : and a mare colt : which I for- merly gave him Likewise I give unto my son John garland : all my stock of cattell Horses & swine : And Impliments of Hus- bandry : that are about my House att Home : and all my Housolld stufe : & beding Excepting what shall be after mentioned : He paying : the former pay to His mother which is formerly men- tioned untill : His brother Jacob garland & peter garland shall come to the age of twentie one yeares : and then that : pay to be Equally : devided & thay all to pay there mother : one ass much ass the other :


tt I give unto my son : Jacob : garland & peter garland the [one] Half : of that land that I bought of m' Seaborn cotten that is in the woods with the plows & Impliments of Husbandry that is theare : the land and them to be equally : devided between them : which is att the Hog pen plaine : thay to Have it [ass] thay come to the age of twentie one years : : ase also each [of] them a bed and the furneture to itt : when : thay come to [ye age] of twentie one years : to be paid to them by my Excecteure


And I doe hearby apoint my deare and loving wife Elizabeth Garland : & my son John garland to be my lawfull Exceto" & Excectetour : she untill : my son John come to the age of [one] and twentie yearse : and then : my son John garland to be my Excectetour to this my last will and teastiment and for the confer-


129


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NEW HAMPSHIRE WILLS


mation Hearof I the above sd John garland Senior Have Hear- unto put my Hand and seall the day and yeare above


Signed & sealed in the pressenes : The mark of


John X garland [seal] Senior


of uss Robard X page & His mark


Hen: Dow


[Proved April 9, 1672.]


[Essex County, Mass., Probate Files ; Norfolk County, Mass., Deeds, vol. 2, p. 249.]


[Inventory of the estate of John Garland of Hampton, " late deceased upon the 4 day of Jenuary 1671," taken by Robert Page, James Philbrick, and Henry Dow Feb. 6, 1671 ; amount, £363.0.0.]


[Essex County, Mass., Probate Files.]


SAMUEL FOGG 1671/2 HAMPTON


In the name of God Amen


I Samuell ffog of Hampton in the County of Norfolke being very weake & Inferme in Body butt of sound understanding and of a Disposseing mind Doe make this my last will & testamentt as followeth, I sollemly Comitt my soule unto allmighty God the father of Spirits and my fraile and weake body unto the earth from whence itt was taken to bee buried in such Decientt manner as my Exequetors hereafter mentioned shall appoint


And for whatt Estate the lord of his bounty Hath bestowed upon mee in this world my will is as followeth


Ist I Give & bequeth unto Mary my Beloved wife Duering the terme of Her naturall life as Her Dowry the one Halfe of my Salt marsh which lyeth on this side of the falls River towards the towne the which was formerly the marsh of Roger shaw and so much of the five Acres in the little Comon as will make up Heir thirds of all the marsh in my possetion


Itt I give. unto mary my wife for her Improvement the one


0


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Halfe of Eight Acres of planting Land in the East feild viz thatt partt thatt which lieth towards william Samborns land towards the north (and so much as will make up her thirds of the upland) att the South End of my Howse Lott


Itt I Give unto mary my wife the west End of my Dwelling House Duering the terme of Her widowhood & no longer, butt if shee shall Remove Her Dweling from thence in the time of her widowhood then the whole Howse to bee leatt with the lands by my Exequetors untill my Eldest sonn shall Come to the Age of twenty one years, and then my Eldest sonn is to posses itt and pay unto mary my wife Her thirds of the Rentt


Ittem I Give unto Mary my wife two Cows & the whitt Rone mar and whatt Howsehold stuff she brought into the Howse with her or whatt beding or other Household stuff she hath Else whear to bee & Remain to Her & Her Heirs for Ever


Ittem I Give & bequeth unto my Eldest sonn Samuell fog the other two thirds of my land marshes & medows & Comonage the which he is to Enter upon & posses when he shall Come to the Age of twenty & one years, butt shall nott Have full power in selling or disposeing of his Estate withoutt the Consentt of my Ex- equetors untill hee shall come to the Age of twenty fower years.


Itt I Give unto my son Samuell ffoge all my Howseing & barne & out Howseing the which he is to Enter upon & posses att the Age of twenty one years paying the thirds of the Rentt for the Howse to my wife Duering the time of Her widowhood and for my stock of Cattle & other moveables & twoles and Imple- ments of Husbandry nott otherwayes Disposed of by this my Last will they are to bee improved & Renewed att the Discression of my Exequetors so as thatt the stock may bee maintained & nott wasted & Imbesseled untill my sone shall Come to the Age of twenty one years and then to be and Remaine to him & att his Disposall payeing these following legacies


Itt I Give & bequeth unto my son Daniell ffog the some of fifteen pound to bee payd by my son Sam" fog when Daniel shall Arive to the Age of twenty one years


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Itt I Give unto my Daughter mary fog one fetherbed & one fether boulster & one pillow & two Blankits one of them a Red blanket and two payer of sheets which were her mothers


Itt to my Daughter mary and Brass pan & three puter platters and Som other puter & Earthin Dishies which were hir mothers, and these Goods being prized to my Daughter Mary my son Samuel is to make up the some of fifteen pound to Her when she shall Come to the Age of twenty one years or att Her marring which shall Happen first


Itt I Doe Give unto my son Daniell fog the other third partt of my land, which he is to Enter upon & posses att my wives Decease & within one year after to pay the some of fifteen pounds back againe unto my son Samuel if hee hath Received itt before the Land fall to him


Ittem I Give unto my son Daniell fog my two new puter plat- ters & a puter Bason


Ittem I Give unto my son Samuell ffog my two Tables & one bed stead & one Greatt Chayer & three Chests and one new Greene Rug and a Sute of Curtains, and one fowleing peece and all the Rest of my Howsehold stuff I Give & bequeath unto mary my wife & to the three Children which I have by Her


Itt I Give unto my Son Seath ffoge the some of Six pound to bee payd to him by my son Sam" when he shall Come to the Age of twenty one year


Ittem I Give unto my Son James ffog the some of Six pound to bee payd when he shall Com to the Age of twenty one years to bee payd by my son Samuel


Itt I Doe Give unto my youngest Daughter Hanna ffog the some of Six pound to bee payd by my son Samuell when she shall Come to the Age of twenty one years and if her marriag shall Happen forst then to be payd att her Day of marring


and my will is thatt my Eldest Son should Die withoutt Heire of his owne body thatt then His portion of Land to Desend to my next son, and if any of my other Children should Die without Issue, thatt then their portion shall bee Devided amongst the Rest of my Children that shall Survive


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And I Doe by these p'sents Appointt my Loveing ffather in Law Deacon Robertt Page and my loving ffreinds william ffuller & Nathaniell Bachelder to bee my lawfull Exequetors to this my last will & testament : to see thatt the same be performed accord- ing to the tru Intentt & meaning herof and if God shall take away any of them thatt if god @mitt they shall Have power & liberty to make Choyce of whom shall suply in his or their place in point of Exequetorship and I Doe appoint my Loveing Brother Thomas ward & my loveing ffreind Samuell Dalton to bee as overseers to this my will who Have the like power to make Choyce of suply in their places in Cause of Death or Removall


and my will is thatt my three Eldest Children shall bee Settled by my Exequetors viz my Son Samuell & Daniell to som Good trade which they shall most Desire and to be placed in such famelyes as may bee for their Comfortt & Advantag both for soule & body as much as Can bee Attained and I Appoint that such wearing Cloathes as I shall leave att my Death shall bee Im- proved by my Exequetors to fitt outt my two sons Samuell & Daniell to service and to make such further supply as they in Descrestion shall Judg meett.


And my will is thatt my Executors shall take such Care both in the time of my wives widowhood & att all times thatt my Estate may bee prformed and yt the Howseing Due nott Goe to Decay without Repayeration and thatt the fences and other things Doe nott suffer strip & wast in the time whilst itt is outt of my sons Hands


And my will is Conserning my Daughter Mary bee Desposed of to the tuission of my loving ffreinds william ffuller & ffrances His wife, and if God should take away Goodwiffe ffuller whilst my Daughter mary is in Her menority I will & Comitt her tuition unto my Brother Benjamin - & to Goodwif Bachelder) and my will is thatt my Howseing & lands & stock of Cattle & other moveables & Improved by the Discression of my Exequetors for the subsistance of my wife & my three youngest Children untill my son Samuel shall Arive to the Age of twenty one years and


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to this I Affix my Hand & Seale as my last will this ninth Day of Janewary 1671 Signed & sealed in Samuell [seal] fogge the p'sents of us will ffuller Samuell Dalton Frances ffuller


[Proved Oct. 8, 1672.]


[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. 2, p. 264.]


[Inventory of the estate of Samuel Fogg of Hampton " late Deceased upon the 15 day of Aprill 1672;" taken by Thomas Marston and William Sanborn May 3, 1672 ; amount, £249.19.0.]


[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. 2, p. 265.]


JOHN LARRIFORD 1672


[Administration on the estate of John Larriford granted to Thomas Jackson of Portsmouth, March 26, 1672.]


[Administration was confirmed by the court June 25, 1672, and Thomas Jackson was required to give security for the estate as inventoried " for ye use of ye next heire that shall appeare to chal- leng ye same."]


[Court Records, June 25, 1672, in Deeds, vol. 2, p. 186.]


[Inventory ; amount, £16.12.5 ; signed by Elias Stileman and William Cotton ; attested by the administrator June 25, 1672.]


PETER ADAMS 1672


[Administration on the estate of Peter Adams granted by the commissioners to Thomas Jackson of Portsmouth, March 26, 1672. ]


[Court Records, March 26, 1672, in Deeds, vol. 2, p. 181.]


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NEW HAMPSHIRE WILLS


[Administration confirmed by the court June 25, 1672, and Thomas Jackson, presenting an inventory, " is enjoyned to give securitie to ye clarke to respond ye estate that it may be forth com- ing to ye right heire."]


[Court Records, June 25, 1672, in Deeds, vol. 2, p. 186.]


["An Invoice of what Petter Adams ; Deceased the first of No- vember 1671 left in the Custody of Thomas Jackson ; of Porchmº Cupp""; amount, £9.15.8; witnessed by John Fletcher and Will- iam Irish ; attested by Thomas Jackson June 25, 1672.]


RICHARD YORK 1672 DOVER


In the Name of god Amen the later will and testament of Ritch- ard yorke whoe being well stricken in years but ripe in memory this 23 daye of appriell one thousand six hundred seventie and tow viz I doe leave and bequeath to my sonne John Yorke that I now live in my farme the dwelling howses and owtt howses with all & . privelidges and ye Apertinantes thereunto belong- ing togeather with ye stock whitch shall .


upone ye farme after my deseas and ye legeses here mentioned to be payd and what stocke . and sheepe and swine shall be left after ye legeses be payed shall be equally devied between sonne John yorke and daughter Elizabeth C-tie and my sonne daughter grace yorke and like wise allso I doe leave and be queave to my wife . yorke duering here life time one third part of ye estate and one Cowe only my sonne John yorke paying ye just debts to any parson or parsons that can be made Justly apeare allso I doe leave and bequeath to my sonne Samuell yorke five pounds allso i doe leave and bequeath to my daughter Ratchell Halle five pounds and all so I doe leave and bequeath to my sonne Bengeman yorke that tracket of land which I hold by towne grant situate ling and being neare the second fale of Lampleriver ad- joyning unto that which wase latelye John Martaines.lott together with one yoke of oxen and all so doe leave and bequeat to my


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NEW HAMPSHIRE WILLS


daughter grace yorke tenne pounds all soe leave and bequeath unto my tow grandchildren Richard yorke and Bengieman yorke fiftie shillings apeice all so my daughter grace yorke leges is to . be payd at her day of marage or eightene yeres of age now I Richard living and being ripe in memorye doe now acknowledge this to be my last will and testament sined sealed and accknoled in ye pesence of us to be his act and deede dated ye 23 of appreell 1672


wittnesse us : ) [seal] ye marke of X nicholous Doe :)


ffrancis Thorne : )


An Imp'fit will of Ric: Yorke brought in to the County Court held in portsmº 30 June 1674


this Court Appoynts his wid Eliza: york & Jo" york Adminis- tras to ye estate & ord' yt the estate be devied according to this im #fit will & give securty that they will #form ye same accord- ingly


Elias Stileman Cleric


Eliza: yorke & Jnº yorke


[Inventory, March 27, 1674; amount, £264.13.0; signed by William Roberts, John Rand, Benjamin Matthews, and Thomas Willey.]


[Administration on the estate of Richard York of Dover was granted to his widow, Elizabeth York, and John York June 30, 1674, and they were ordered to divide the estate according to the terms of the will, which was imperfect ; amount of inventory, £264.13.0. They gave bond for double the amount of the inven- tory, with Nicholas Doe and Samuel Willey as sureties. ]


[Court Records, June 30, 1674, in Deeds, vol. 5, p. 3.]


It is agreed betwixt William Graves on the one part, and John York his Son in law [step son] on ye other part ; That what the sd William Graves hath received of Richard Yorks Estate de- ceased, It shall be to ye use of William & Elizabeth Graves The sometimes Widow of sd Richard York deceased, during the lives


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of the sd William & Elizabeth Graves ; which are, One ffeather bed and Boulster, with Blankets & Covering to it. 21y That whereas Elizabeth Graves & John York her son jointly adminis- tred on sd Richard Yorks estate deceased, That the sd John York only shall be liable to pay all his deceased ffather Richard Yorks debts. 31y That one third of all the sd Richard Yorks land deceased, whether in tillage, or meadow, or orchard, in being dur- ing the sd Richard Yorks life, shall be laid out on a com'on charge betwixt ye Parties beforesaid, & afterwards shall be to ye use of the sd Elizabeth Graves during her life, but after her decease to be to ye use of the sd John York & his heirs for ever. ffourthly, That the sd John York shall deliver to the sd Willia - Graves, One Cow, & ffive pounds in staves, and shall bear ye charge of the present Court at Dover. On the true performance of all the before said Articles these shall acquit from all difference w'soever betwixt the sd William Graves & John York to the day of the date hereof. In witness to the Articles above, We the Parties above articling, have mutually set to our hands this 8th of June 16SI


Signed & delivered


The mark X of


William Graves


in ye prsence of Thomas Broughton


John X shore his mark


Owned by William Graves & John York in Court held at Dover 7th June 1681, to be their act & deed.


[Deeds, vol. 3, p. 182.]


Elias Stileman Record'


WILLIAM JACKSON 1672 PORTSMOUTH


[Administration on the estate of William Jackson of Portsmouth granted by the commissioners to Thomas Daniell May 8, 1672.]


[Court Records, May 8, 1672, in Deeds, vol. 2, p. 181.]


[Inventory, July 5, 1672 ; amount, £8.15.3 ; sworn to by Thom- as Daniell June 27, 1673.]


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ONESIPHOROUS HARVEY 1672 ISLES OF SHOALS


[Administration on the estate of Onesiphorous Harvey of the Isles of Shoals granted by the commissioners to Thomas Daniell May 8, 1672.]


[Court Records, May 8, 1672, in Deeds, vol. 2, p. 181.]


ALLEN LLOYD 1672 PORTSMOUTH


[Inventory of the estate of Allen Lloyd of Portsmouth, June 24, 1672 ; amount, £201.15.6; signed by Elias Stileman, John Fletcher, and John Pickering, appraisers. ]


[Administration on the estate of Allen Lloyd of Portsmouth granted to his widow, Sarah Lloyd, who presented an inventory amounting to £202.15.6, and a list of liabilities amounting to £39.10.6.


" ffor ye setleing of ye estate ye Court ordrs that the house & Land on wch it standeth be to ye son of sd Lyde when he shalbe of age & ye thirteene acres at ye pulpet & ye rest of ye estate be to ye widow for paying of ye debts & bringing up ye child & the whole to remaine in her hand untill ye child be of age, & the thirds thereof during her life."


[Court Records. June 25, 1672, in Deeds, vol. 2, p. 187.]


JOHN GODDARD 1672


In the name of god Amen, the Second of July in the year of our Lord one thousand Six hundred and Seventy Second being but Sickly in body Item I give and bequeath my whole Estate as above Said unto my very loving brother Brother Benjamin God- ward always provided th' So long as my mother wealthin Simmons liveth the Sd Estate Shall remain in the hands of my Sd mother and brother as now it is in the hands of my Sª mother and myne own and after my Sª Mothers decease to be totally and Soly to the right and to behoof of my Sd Brother Benjamin godward forever ; Ex-


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cept thirty pounds web I will and bequeath to the three Sons of my three Sisters ; viz John Gilman ten pounds John Bennet ten pounds James Thomas Jun' ten pounds to be paid to them when they come of age ; and I do Constitute and ordain Robert Burnam and John Davis to be Executors of this my last will and testament as witness my hand and Seall


Test


John Godward [Seall]


John Barsham


her


Mehitable Barsham X


his mark


John Simmons X


mark


[Proved June 4, 1694. ]


[Deeds, vol. 5, p. 91.]


JOSEPH BAKER 1672 ISLES OF SHOALS


[Administration on the estate of Joseph Baker, " who dyed in- testate on Iles of sholes," granted by the commissioners to Edward Beale Nov. 2, 1672.]


[Court Records, Nov. 2, 1672, in Deeds, vol. 2, p. 195.]


[Inventory of the estate of Joseph Baker, who died Oct. 16, 1672 ; dated Nov. 19, 1672 ; amount, £39.11.2 ; signed by James Blagdon, Edward Soule, Peter Twisden, Elias Stileman, Nathan- iel Fryer, and James Rendell. ]


[Administration confirmed by the court, and inventory presented, amounting to £39.11.2.]


[Court Records, June 27, 1673, in Deeds, vol. 2, p. 202.]


The Deposition of Mary Twisden aged about 41 years :


This depolant Sworne Saith that Joseph backer when he lay one his death beed in the house of her husbands the Said backer


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NEW HAMPSHIRE WILLS


did wish that Edward Beale was com shee asked of him what he "would have- of the said Beale he the Said Backer said he would willingly speake wth him for he did owe to him the greatest debt that he did owe in the world & that the Said Beale should take his house & land & all that he had and pay his debts for he had enough to pay his debts & to burie him like a man & ferther saith not :


Taken upon oath by mrs Mary Twisden ye 10 July 1673 before me Elias Stileman Com'is"


The deposition of Phillipe Hatch Aboute 22 years


This depolant Sworne Saith that Joseph Backer did goe to sea wth him in a shollope of Peter Twisdens & that Sum'er before the Said Backer died & he hard the Said Backer say that Sum'er manie times that he did owe Edward Beale eightene pounds web was more than he did ow to all the world besids & furthe saith not :


VIO July 1673 taken upon oath by phillip Hatch v


before me Elias Stileman Com'is'


The deposition of Peter Twisden aged about 45 years


This depolant Sworne Saith that Joseph Backer lying one his death bed at his house he desird him to Set his busines in order for he was in a very Sicke Condishon & the Said Backer anserd him he had done that allredie for Edward Beale should take all & pay all if he died for he was most In debt to him & further saith not


Taken upon oath ye Ioth of July 1673 by m' peter Twisden before me


Elias Stileman Com'is'


The deposition of John Windsland aged about 41 years


This depolant sworne Saith that he was in the house of Peter Twisden Watching wth Joseph Backer when the Said Backer lay one his death bed & Edward Bale being their wth him he hard the Said Backer Say that Edward Beale should take his house & pay himselfe & further saith not.


IO : July 1673 taken upon oath by Jnº Winsland before me Elias Stileman Comis'


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WILLIAM HAM


1672 PORTSMOUTH


The Last Will and Testament of Willyam Hom Sen. r. .... STOL Ports- mouth in The River of piscatque *


I' I Give To my Grandchild Willyam Ham all That My now dwelling House & houseing with all The Lands Thereto belong- ing fensed and unfensced Soe far as The Spring That wee use To fetch water att In The Som'er Time Commonly Called The furthe Spring and Soe to th North weste ward as my bounds doth Runn with all my whole estate both of household Goods of wt kind Soever with all my Cattell of w' sorte soever xcepting one red Cow-


I' I Give To my other too Grand Children Thomas Ham And John Ham To be divided equally betweene Them All The Reste of my Lands to me belonging begin'ing at The further spring where my Grand Child willyam Ham endeth and so To Take itt as itt is Laid out and Recorded In The Towns Records In portsmouth with all The priviledges theire unto belonging-


It I Give to my daughter Elizabeth Cotten my Red Cow and all her Children Liveing twellpense apeese In The Name of a Legasy-


And further I doe hereby Make my said Grand Child willy™ Ham my full and whole Executor and To se This my Will per- formed : : and doe appointe John Hunkinge and Richard Jackson to be my overseers of This my Will accordin to The true intente Thereof In wittnees hereof i have here unto sett my hand and Seale This twenty one day of December Annoe Dominy 1672-


Sealed Singned And Delivered william ham [seal] In The presense of us


Richard Cutt


The marke of Willyam X king John Stanley [Proved June 27, 1673.]


[Inventory of the estate of William Ham, who died Jan. 26, 1672/3 ; taken Jan. 27, 1672/3 : amount, £122.17.0; signed by John Hunking and Richard Jackson. ]


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WILLIAM MARSTON 1672 HAMPTON


the last will & testament of william marston sent of hamton who being through the mercy of god of perfit & sound memory & understanding as followeth I bequeath my soull to him that gave it & my boddi to the earthe I give to my Eldest Sonn Thomas marston five shillines & to my son william marston five shillinges & to my sonn John marston five shillinges & to my dawt' preudenc Coxes five shillinges to be paid with . . twellf month after my deces all the Reast of my estat goodes Chattelles Debtes moveables & what elsed is any maner of wayes appertain- ing or belonging unto me I give unto my Dawter Trifana & I dooe make my beloved wife Sabina my Sole Excekketor unto this my last will & Teastament for the Confirmation hear of I have here unto sett my hand & seall the 25 of Jauen on thousand six hun- dred seventy & twoe




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