Probate records of the Province of New Hampshire Vol. 1 1635-1717, Part 14

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Johannah Thing & Jonathing presenting to this Court an agree- ment betw: them wth relation to a settlement of ye Estate of Jona-


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than Thing deceased & to ye bringing up of his Children ; & their portions to be paid them w" they come of age & this Court haveing seene ye Inventorie of Debt & Creditt of ye sd Estate This Court doe approve & allow of the said agreement dated October ye 9th : 1676, & order ye said portions to ye children mentioned, and doe farther order that ye house & land mentioned in ye Inventorre & valued at 811 wth ye six acres & half of Salt marsh valued at 1911 108 : shall lye responseble for ye Childrens portions : And doe judge meet to release the administrators fro their bonds given upon taking Letters of Administration


Tho: Bradbury rec'


[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. 3, p. 19.]


JOHN SCRIBNER 1674 DOVER


The 27th of Novemb" 1674 I Jnº Scriven of Dover being Sick & weak in body *


It I doe give unto my Wife Mary Scriven the one third part of my house & land dureing her Naturall life as also two Cowes two Swine one ffeatherbed & bolster & the bed clothes belonging to it & two sheep


It I give unto my Eldest Son John when he Comes to be of ye Age of twentie one years my house & all my land wth all the priviledges therunto belonging onely reserveing the third thereof to my Wife dureing her Naturall life as alsoe he paying unto my two younger sons Edward & Thomas ffive pounds a peece wn they come to be twentie one years of Age & ffive pound to my daugh- ter Elizabeth when she comes to be of the Age of Eighteen Years to be paid in the Currant Pay of the place


Item I Give all the Remainder of my estate in Moveables or any debts in ye hands of any #son into the hands of my Over- seers hereafter Mentioned to be Improved ffor ye Education & bringing up of my Children in whose hands I likewise leave my Children to be disposed of wth the Advise of my Wife & doe here- by Apoint my Son Jnº to be ye sole Execut' of this my last Will


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& Testament & ffor my Overseers to Manage him & the estate till he Comes to be of the Age of twenty one years And lastly I doe desire & Apoint my loveing ffriends & Neighbours Elder Wm Wentworth L' Peter Coffin to be my trustees & Overseers to See this my last will & Testament performed As Wittnesse my hand & seal the day & year beforewritten


Signed & Sealed the mark of John X Scriven [seal]


in prsence of


Richard Waldron Jun™


Stephen Otis


[Proved June 27, 1676.]


[Inventory of the estate of John Scribner, who died Oct. 2, 1675 ; taken Oct. 8, 1675; amount, £79.16.0; signed by John Heard, Edward Colcord, and Nathaniel Stevens. ]


PETER JOHNSON 1674 HAMPTON


[Inventory of the estate of Peter Johnson of Hampton, taken by William Sanborn and John Moulton Dec. 7, 1674; amount, £184.4.0. Some of the land (valued at £16) was claimed by James Johnson.


Ruth Johnson was appointed administratrix of the estate April 13, 1675. Sureties on her bond were William Sanborn and John Moulton. ]


[Norfolk County, Mass., Deeds, vol. 3, p. 10.]


[Order of court, Oct. 9, 1677, that the lands belonging to the estate of Peter Johnson of Hampton be responsible for the main- tenance of his four children. ]


[Norfolk County, Mass., Court Records, Oct. 9, 1677, and Deeds, vol. 4, p. 55.]


HATEVIL NUTTER 1674


DOVER


I Hatevill Nutter of Dover in New England Aged about seventy one yeares at p'sent weake in body but havinge in some good meashure (by gods blessinge) the use of my understandinge and


.


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memory, Do make this my last will and testament in maner and forme as followeth, hereby abrogatinge all former and other wills by me made, whatsoever


Com'endinge my soule to my blessed god & saviour, my body to the Dust by christian buriall in hopes of a glorious resurection, I appoint and will my outward estate to be had and held as fol- loweth viz : To my p'sent wife Anne I will & bequeath (after my Debts payed and funerall expenses defrayed) the use and im- provement of my p'sent Dwellinge house barne orchard & land thereunto adjoininge, with all com'ons pastures priviledges and appurtenances thereunto belonginge, as also the use & benefit of that marsh which belonges to me in the great Bay, at Harwoods cove, the other halfe whereof I have formerly given to my son Anthony, this also descendinge to him at his mothers Decease, To her also I bequeath the use of two other marshes, the one of them lyinge on the easterne, the other on the western side of the back river, which both fall from her to my Daughter mary Win- get To her also my said wife I bequeath the use of my houshold stuff cattle Debtes goodes & all other movables whatsoever ; that is to say the above bequeathed partes of my estate I bequeath to her use Duringe her widdowhood, but if she shall see meet to marry I appoint that at or before her Marriage, halfe the mova- bles be equally Devided amongst my three children now livinge viz : Anthony, Mary & Abigaile their heires executors adminis- trators or assignes and that then my Daughter Mary receive the marsh on the eastern side of the back river. The other halfe of the movables, and the house & land & other marshes to continue in her handes and use duringe her life, and at her Decease to descend as followeth-


To my sonne Anthony Nutter his heires and assignes I Bequeath (besides what I have formerly made over to him) my mill-graunt at Lamprill River with all dues and Demands priviledges and appurtenances thereunto belonginge to be had and held by him or them forever after my Decease. To him also I bequeath one third part of my movables as they fall from his mother at her


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marriage or Decease as abovesaid. To him I also bequeath my prsent dwelling house barne orchard and land on dover neck with my right in the ox pasture calve pasture sheep pasture on the said neck as also one quarter part of my land graunted to be in the woodes above Cuchecha, with the priviledges and appurtenances belonginge to any and every of them, to be had and held by him or them his said heires or assignes forever after the Decease of his mother. To my Daughter Abigail Roberts I Bequeath one halfe of my two hundred acres of Land granted to be in the woodes above cuchecha to be had & held by her her heires and assignes for ever after my Decease. Also to her I give one third part of my movables to be received as abovesaid when they fall fro her mother at marriage or Decease. To my Daughter Mary Winget her heires or assignes I bequeath the other quarter of the abovesaid Land graunted to be above cuchecha to be had & held by her or them for ever after my Decease To her also I Give my marsh on the eastern side of the back river to be had & held by her her heires or assignes forever after the marriage, or Decease of her mother. To her also I give the other third part of the movables as they fall from her mother by mariage or de- cease as abovesaid. Lastly I Do by these p'sents Constitute and appoint, my wife Anne abovesaid and my said sonne Anthony, joint executor and executrix of this my will, duringe their lives, and the longer liver of them solely after the Decease of either of them. In wittnes of the p'mises I doe hereunto set my hand & seale this 28th day of Decemb" Anno .. D. 1674


The word (mother) interlined Hatevill Nutter [seal]


betwene the 40th & 4Ist Line,


before signing & sealinge


Wittness Jnº Reyn' John Robearts


[Proved June 29, 1675. See Court Records. ]


[Inventory, June 25, 1675 ; amount, £398.7.4 ; signed by Henry Langstaff and Peter Coffin. ]


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NEW HAMPSHIRE WILLS


JAMES DREW


1674


[Administration on the estate of James Drew granted to his widow, Mary Drew, Dec. 30, 1674 ; she and John Moses gave bonds of £300.]


[Inventory, June 25, 1675 ; amount, £151.13.0 ; signed by John Sherburne and John Moses; attested by John Sherburne June 26, 1675.]


[Endorsed] the wid drew brought in an Inventory of ye estate Unto wch she tooke oath


& ye Court ord that ye widow have all the moveables to her selfe. for ever & the whole estate for bringing up the children during ye Courts pleasure


Elias Stileman Cleric


THOMAS START 1674


[Administration on the estate of Thomas Start granted to Capt. Richard Cutt Dec. 30, 1674.]


[Court Records, Dec. 30, 1674, in Deeds, vol. 5, p. 6.]


TOBIAS BURNELL 1674 / 5


[Administration on the estate of Tobias Burnell granted to John Clark, William Lux, and Edward Cater Jan. 16, 1674/5, who gave- bond in the sum of £200.]


[Court Records, Jan. 16, 1674/5, in Deeds, vol. 5, p. 6.]


[Inventory, Jan. 21, 1674/5; amount, £70.14.9; signed by John Clark, Elias Stileman, and John Harvey ; list of claims against the estate, amounting to £21.0.0; John Clark and Ed- ward Cater bind themselves in £100 to account for the estate when called for by the court. ]


[Administration on the estate having been granted to Abel Porter by the court in Boston, and the administrators not agreeing, the


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NEW HAMPSHIRE WILLS


court, June 29, 1675, " doth Judge it is most meete & according to Law, that those persons that had administrac'on granted by au- thority here should have theire power Continewed, & for yt the estate being wholly w"in this County."]


[Court Records, June 29, 1675, in Deeds, vol. 5, p. 10.]


[Inventory was presented June 29, 1675, and attested by the administrators, who gave bond in the sum of £100.]


[Court Records, June 29, 1675, in Deeds, vol. 5, p. II.]


[Humphrey Wills of Devon, England, appearing with power of attorney from Agnes Burnell of the county of Devon, for the receipt of the estate of Tobias Burnell, who died intestate in the county of Dover and Portsmouth, the court, Oct. 31, 1677, ordered that the balance of the estate be delivered to said Wills. ]


[Court Records, June-Oct., 1677, in Deeds, vol. 5, p. 20.]


RICHARD CUTT 1675 PORTSMOUTH


The Last Will & Testament of Richard Cutt


I Richard Cutt of Portsmouth in Pascatteque beinge in perfect Memory & good health,


I I give & bequeath to my beloved wife Eleanor Cutt my Now dwelinge house with ye Bake house Brewhouse Barne & all hous- inge therunto belonginge withe Lodge warehouse & wharfinge (my stone warehouse only excepted) togather with my garden orchard & all the Land in fence in the home fild adjoyninge to my house, as also my Corne mill with my house & Barnes Up at the creek with all the Upland & Meadow ther Unto belonginge so far as home Unto that Land which I bought of Hubertus Mat- toon (exceptinge ye Tanyard & the buildings ther Unto belong- inge & the Land on that side of the flume) All which #mises be- for mentioned (except what is excepted) I will shalbe in the hands & to the Use and behoofe of my dearly beloved wife abovesaid dureinge her Naturall Life, And after her decease I give & be-


.


11


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queth the hole Estate abovesaid Unto my Grandson Cutt Vahan with all the priveledges & Appurtanances ther Unto belonginge to be to him & his Heires for Ever, & it shall com into his hands at the age of twenty one yeares, but if hee Die before that age, then I give it to the next Heire Male, & if ther be no Heire Male, then to ye next Heire yt shall survive further more I give Unto my sd wife all my plate Brase pewter Iron Bedinge Utensells be- longinge to the house togather wth all my stocke of Cattell to be absolutly at her Disposall when and to home or wher shee pleses, & the five neger servants


2 I give to my Beloved Dafter Margerett Vahan my stone ware- house & that pt of the wood fild joyning to that weh was John Pickerings & reaching home to william Hearles on the west, with my Bro: Jo Cutt also on ye west the way that goes to the Creek on the North & Christopher Josse on ye Est togather withe Tan- yard housinge & stock therin, & the Littell fild on the south of the flume (All wayes exceptinge & reserveinge the high way as it is now to the farme & to the other mill which is to be keept free for the Use of ye mill & the houses by itt) All which I give to my Daughter Margerett & her Children, if they faile then to my Daughter Bridgett & hers, after the decease of my Daughter Margerett


3 Unto my beloved Daughter Bridgett & her Heires forever, I give the remainder of that fild Comonly called the Great fild, to say all besids what is alredy given to her & her Husband, & al- redy sould to severall #sons, to bee to her & her Heirs for ever. with all the priviledge & Apurtenances ther Unto belonging I give also to my Daughter Bridgett that #t of the wood fild on the south of the High way Up to the Creeke as it is now fensed, the other #t betwene the High way & the Creeke her mother shall have Liberty to Use Duringe her naturall Life, & that #t also shalbe Bridgett after her mothers Decease, Lickwise I give to Bridgett my Land in the Longe Reach next to that wch was Capt Pendletons beinge thirty three poles brod front on the River, & so backe the hole depth : wch Land aforesaid shalbe to Bridgett & her


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Heires for ever, if shee Die wthout Heires then it shall fall to the Heires of her sister Margerett, after the Decease of my sd Daugh- tor Bridgett


4 I give to my sonn william Vahan my Land on the great Iland bought of Jnº Mason & yt Acre given mee by the Towne which was Laid out wth an Acre of Mr fryers, I give him also two hundred pounds out of my Estate, & also my housinge at the Iles of shoules on Star Ileland togather wth that Estate boath in stocke & depts that is in #tnership w him ther, #vided he rest sattisfied therwith Upon the acco of #tnership in tradinge betwixt Us ther, if hee be not sattisfied so then that at ye Iland to be sould & the Estat ther Vallued & the ballance to be given him out of my other Estat when accos are made Up. And I doe by thes # sence oblidge my son will Vahan not to exspect any more out of my Estat for salery or for any thinge donn for mee at home or abrod besids what hee hath alredy recd, & is above exspresed


5 I give to welbeloved son Tho: Daniell two hundred pounds out of my Estat


6 further more I doe give to my Grandson Cutt Vahan one hundred pounds


7 I give to my Grandchild Elenor Vahan that house & Land


I bought of M' Matone with that part of my Land that comes from the Pulpit the hole breath of Matones Land till it com to my Bro: Jo Cutt Land on the North, togather with two hundred pounds, the Legacis to be pd in mony or aquivilent :


8 I give to my Grandchild Mary Vahan two hundred pounds in mony and the hundred & fivety acres of Land & the medow belonginge to it as I bought of Edward Hilton, as apeare by a bill of sale of John wedgetts


9 further I will that what remaines of my twenty pounds anum subscribed as a gift to the Colledge for my selfe & sonns be carfully Discharged by my executors


10 I give to my Bro: John Cutt ten pounds to buy him morne- inge & tenn pounds to his wife & five pounds to ech of his Chil- dren./


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II I give to my sister Ann shipway tenn pounds to buy morne- inge & five pounds to my Bro: shipway, & five pounds to his sonn Jo shipway


12 I give to my Bro: Rob: Cutt Widow five pounds & to ech of her Children five pounds, as also I doe forgive the dept due on my Booke :


13 I give to M' Joshua Moudy thirty pounds & to his five Children tenn pounds to say fourty shillings to ech of them./


: 14 I- give to my Cozen John Hole & his wife five pounds ech of them


15 I give to the Church of Porthmouth tenn pounds to buy a peece of plate for the Use of the Church./


16 I make my wife Elenor and my two Daughters Margertt & Bridgett my Executors to whome I give the rest of my Estate as well shipinge or what else due to mee in any #t of the world, my depts & Legacies given paid, & what remaines to be Divided in aqual thirds betwene my wife & daughters


17 I make my Bro: John Cutt, M' Joshua Moudy, my sonn william Vahan & my sonn Tho: Daniell my over seears to . .


my will formed, to the truth of this I have heare Unto


hand & seale this 10th of May 1675 @ Porthmouth in Pascatteque


wee whose names are Underwritten mee Richard Cutt doe attest that Richard Cutt did owne


this to Us to bee his owne voluntary act and Deede./


John Wincoll


John ffletcher


[Proved June 27, 1676.]


Portsmº 10 : 10 : 1677- We whose names are under written being Chosen & Desired to hear judge & Determine al matters of Controversy Between m' Elan' Cutt Widow mrs Margret Vaughan & m's Bridget Daniel Executrix" unto ye Will of Capt Richª Cutt Decd late of Portsmº In Piscataqua River & Capt Tho' Daniel &


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Maj' Wm Vaughan Husbands unto ye aforest two Gentlewomen Respecting both ye Will & Estate of ye sd Capt Richª Cutt touch- ing al Acctts & Demands from ye Same & and the above namd #ties having firmly Bound themselves their heirs Exers & Adm™s In a Bond of two thousand lawful Money of ye Massats Collony Bearing Date ye 7th Instant to rest Satisfyd in & abide by our De- termination therein we having accordingly heard & Considerd al Acctts & Demands presenta to us by al & Every ye abovesd partys do Award as followeth-fly yt ye Leanto & Wharfe before ye Stone Warehouse & Adjoyning thereto shal be im'ediately to ye use of mTs Vaughan & ye Leanto at ye North End of sd Warehouse to be used by mrs Elen' Cutt dureing her Natural life & then to be In ye Same Capacity wth ye Warehouse web being Mutually Agreed upon by al parties we Confirm & Ratifie-21dy By ye Stock In ye Tanyard Mentiond In the Will (Article 2d) we say is Intendd al ye utensils Belonging to ye Tanyard wth whatever Hydes were there unfinishd at ye time of ye Deceas of ye Testator-3dly it Being a Question whose shal be ye Improvemt of yt Estate Given to Cutt Vaughan after ye Decease of m's Elen' Cutt In Case she Dye Before he Arrive to ye Age of 21 years we Say y' not know- ing whether Ever there wil be need of such a Question it is Suffi- cient to Refer it until ye Solution of it Appears Necessary-4thly ye #sent Improvmt of ye hundred pound Given Cutt Vaughan & ye Legacies of Money & lands Given to ye Children of mrs Vaughan Belongs to ye legatees til both principle & Improvem' do fal into their hands when they Come to Age-


51y ye legacyes to ye Children aforesd to be forthwth Provided According to ye Will by the Exers viztt five hundred pound in Money to be Reserva In m' Hubbards hands In Boston for yt End & Application to be by them made to ye next County Court that they Appoint Guardians for ye Children & take Security of them for their Responding of sd Estate Respecting both money & lands Given them by Will wth ye Improvmt thereof to ye Children when legally Demandd Except In ye mean time ye Exers shal mutually agree about it so as to Secure ye Estate to ye Children-


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6ly we Determine yt ye lands In ye Great ffield & wood field are Given by y® Will to mrs Daniel Absolutely wthout any Intail ye other lands in the long Reach is Entaild on yo heirs of mr& Vaughan if mrs Daniel hath no Child


7th we Award y Seven hundred & thirty Pounds be pd by ye Executrixes out of yt whole Estate unto m' Wm Vaughan in Such pay as may be Equivalent unto Money & yt ye land upon ye great Island both yt Bought of m' Mason as also yt Acre of land given Capt Cutt by ye Town both wch are Mentiond In ye Will to be to him & his heirs forever & m' Vaughan to Rest Satisfyª therewth In full of al Demands from ye Estate so far as it Refers to him- selfe distinct from ye legacies given to his Wife & Children-


8ly we Order ye two hundred & Sixty pounds be pd to Capt Tho' Daniel besides ye legacie given him by ye Will of ye Decd web is also to be pd as ye Will Declares In pay Equivolent to money & ye sd Capt Daniel to Rest Satisfyd therewth In full of al Demands from ye Estate Respecting himselfe #sonally distinct from ye legacy given to his Wife & ye Sums above Mentiond Due to m' Vaughan & Capt Daniel are to be pd out of ye Estate already Divided-


gly that al lands or other Estate not named In ye Will wth ye- housing & land &c: at ye Isle of Shoals shal be Equally Divided Betwee [n] ye Executrixes only ye whole #cell of marsh at little harbour & al ye land near or about ye Spring by m' Martyns to be Solely to ye use of mrs Elen' Cutt dureing her Natural life after- ward ye Same to be divided as aforesd this we Confirme being Consentª to by al-


Ioly ye paymts aforementioned both of Debts & legacies being made & Reserved as aforesd we do farther Award yt ye Shiping being forthwth prizd by Indifferent men as Money ye Same to be Equally Divided Between ye Executrixes : mrs Cutt having liberty to make ye first Choice Except they shal mutually Agree to Con- tinue In Partnership in them or any of them-


IIly And we do further award ye aforenamd partyes viz" Capt Daniel m' Vaughan & their Wives upon ye paymt of such Sums


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as are before Expressed to Sign & seal legal Discharges to ye Execut's In full for all Debts & Demands from ye Estate by Will or by any Acctts Depending before ye Deth of ye Testator & yt this is our Award & final Determination & Issue of al matters of Dif- ference Respecting al Accts & Demands Between ye aforesd @ties Refering to ye Will & Estate of Capt Richd Cutt Decd we Testifie by Setting to our hands & Seals this 10th of Dec' 1677


Richª Waldron [seal]


Rob' Pike [seal]


Laurs Hammond [seal]


Peter Coffin


[seal]


[Deeds, vol. 19, p. 492.]


[Guardianship of Eleanor Vaughan, Mary Vaughan, and Cutt Vaughan granted to their father, William Vaughan, and Eleanor Cutt June 24, 1679.]


[Court Records, June 24, 1679, in Deeds, vol. 5, p. 30.]


[Administration de bonis non of the estate of Richard Cutt of Portsmouth, merchant, granted to his son-in-law, William Vaughan of Portsmouth, merchant, Oct. 12, 1700.]


[Probate Records, vol. 4, p. 220 ]


[Bond of William Vaughan, with Samuel Penhallow and George Vaughan as sureties, in the sum of £500, Oct. 12, 1700, for the administration of the estate ; witness, Richard Partridge.]


EDWARD CLARK 1675


[Inventory of the estate of Edward Clark, June 17, 1675 ; amount, £257.15.6 ; signed by William Fernald, John Shortridge, and Elias Stileman ; brought into court, March 28, 1676.]


[Administration on the estate of Edward Clark, " lately drown- ed," was granted to his widow, Mary Clark, and John Partridge


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June 29, 1675 ; the widow was ordered not to dispose of any of the estate without the consent of Partridge, and bond was fixed at £200. The court ordered that John Clark, oldest son of the de- ceased by his first wife, be made an apprentice by Capt. Cutt and Elias Stileman, and that the oldest daughter, Sarah Clark, be bound out to her aunt, Sarah Waterhouse, until she was eighteen years old or married.]


[Court Records, June 29, 1675, in Deeds, vol. 5, p. 10.]


ffor the settleing of ye estate of Edward Clarke deceased This Court ordre yt the house barne & Island whereon he Lived called Docters Island, that his widow Mary Clarke shall have ye use of untill Jnº Clarke & Sarah Clarke wch he had by his first wife shall com to age ye son at 21 yeares & ye daughter at 18 yeares, the Son to have a double portion & as either of them com to age to re- ceive theire parts thereof & after both are com to age the widow to have her thirds of ye whold during her Life & her thirds to be de- vided to ye foresd children in such proportion as abovesd after her decease And ye rest of ye estate mentioned in the Inventory to be to ye widdow for ye bringing up the three Children she has by sd Clark she receiving all ye debts due to ye estate and pay all debts due from ye estate. / the Inventory put on file of this Courts rec- ords :


[Court Records, June 27. 1676, in Deeds, vol. 5, p. 16.]


CALEB STEVENS 1675


[Administration on the estate of Caleb Stevens granted to his widow, Ruth Stevens, and Peter Glanfield June 29, 1675, who were bound in the sum of £150; " & whereas there is some debt or debts owing to m' Martyn and m' Hunking aboute his fishing voyage this winter past, & to prevent the Spoiling of his share of ffish ord' that ye Administrators pay his share of fish and port- ledge to sd persons & make the estate debr & Credito' for it."]


[Court Records, June 29, 1675, in Deeds, vol. 5, p. 10.]


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WALTER ABBOTT 1675


[Administration on the estate of Walter Abbott, who died in Jamaica, granted to his brother, Thomas Abbott, June 29, 1675.]


[Court Records, June 29, 1675, in Deeds, vol. 5, p. II.]


JOHN ROBINSON 1675 EXETER


[Inventory of the estate of John Robinson of Exeter, " deceased this roth of ye gth mº 1675"; amount, £180.11.6: appraised by John Gilman and Robert Wadleigh.]


[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. 3, p. 21.]


[Administration on the estate granted to Elizabeth Robinson and David Robinson May 30, 1676.]


[Norfolk County, Mass., Deeds, vol. 4, p. 42.]


[Account of debts due from the estate; signed by Elizabeth Robinson and David Robinson ; dated April 6, 1677.


Disbursements made by David Robinson since his father's death. ] [Norfolk County, Mass., Deeds, vol. 3, p. 20.]




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