USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 1 1635-1717 > Part 18
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[Court Records, June 25, 1678, in Deeds, vol. 5, p. 26.]
To all Christian People to whom these presents Shall Come ; Know ye that whereas James Jnºson & Mary his Wife both of Portsmº in the Province of New Hampshireceased Leaving only two Daughters leiving (Viz) Mary the wife of Jnº Odiorn, & Han'ah the Wife of Thº Jackson all of the Same place, and Whereas their deceased father & Mother died Intestate, the debts & funerall Charges being allready Defrayd : the Sd Mary & Han- nah by & wth the consent & aprobation & allowance of their aforest Husbands, have finaly agreed, Concluded & devided all our de- ceased parents Estate in manner & formes as followeth : All the movebles each parte hath her Equall proportion, & for the Hous- ing Land, Orchard & marish devided as followeth : Mary Odiorns part of all the Land housing marish & orchard, is of the housing land & orchard, is the West End of the dwelling house wth half of the Leantoo belonging to the whole house, together wth the west part of the Orchard Land & flatts thereto adjoyning ; and bounded as Followeth beginning at a Stake drove down by the fence side on the S side of the way that goes between the house & orchard into the Island ; wch sd highway is continually to be to the use of both Parties to pass & repass withoute Interruption of each Other and that for ever and from the s" Stake through the Orchard right over to the Land now in the posession of one James Leach Sowth- wds as Sª Leaches land now Runneth down into the Water and flatts as also the Southermost Barne, wth the Land from a Stake & heap of Stones Northerly of ye Other Barne and so to the high way aforesd : that Same breadth down to the water & flatts there- unto belonging & adjoynes to an Acre of Land gieven to Jnº Odiorn
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by the Town of Portsmº web sd acre is Eight Rods in breadth & Runs Esterly twentie Rods or more on the North of sd Acre & Adjoyning to it is a third divission for s' Mary : & is twenty rods in breadth from sd Acre Northerly & carries the same breadth through the land to the Outside Fence Easterly ; togeather wth the Esterly half of three Acres of Salt Marish in Little Harbour, as alsoe the Westerly half of the Seventy three Acres of Land in the plains, begining at a Small wt Oak Tree Standing by Benja Cottens line & thence wst to the Old bound Tree being a Pine also ; thence S S E: a little South'ly to ye old bound tree being a pine alsoe, thence Esterly to meet wth the Other S S E: line that comes from ye sd Oake where it first begun, Every of the before Me'cyoned & Bownded House, Barn, Orchard, Lands, & Marish is the sd Odiornes proportion and so accepted : Secondly the sd Hannah Jacksons proportion is the East End of the House & Orchard wth the Nothermost Barne, wth the Est part of both par- cells of Land from sd Marys : bounds aforsd to the outmost Bounds E wth the W: halfe of the three Acres of Salt Marsh as allso all that part of Land being about twenty rods in breadth adjoyn- ing on the N of sd Marys twentie Rods, & so Runns Notherly towards that house where m' Bickam now liveth, and Run's as Sª Marys Line now Runneth & Contains all the Land N of sd Marys, within Fence or withoute of any that belongeth to the sd Jackson togeather wth that half, the seventy three acres of Land in the plains lying next & Adjoyning to Jnº & Hen: Sherbournes on the Est, & sd Odiorns on the West this Second Devission is Hannah Jacksons Proportion : It is Farther Agreed & Concluded upon between both parties that there Shall be & is now allotted Out a conveniency of Land both about the barns and alsoe at the Est end of the Dwelling house of ten foott in breadth at least from sd house at the Est End thereof to the path, & So much round Each barne wch shall continualy ly Common for both parties use, Either for layein of Wood or Improveing & houseing their Cattle and that for ever without the least Interuption of either Partie or any person by their ord' means or procurem : It is also farther
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agreed that the Oven & the Celler Shall be for the use of both parties till there shall be another Oven & Celler built in the West End of sd house, & till that is done the oven & Celler that now is Shall be to the use of Both : Lastly it is mutually agreed that if Either party their Heires, Exectrs Administrs &c. Shall at any time be disposed to sell all or any part of any of each proportion he or she shall give the Other the Refusall thereof, without wch it shall not be sould, set or let for term of Years, for Confirmation of well we the above named Jnº Odiorn, & Thº Jackson doe hereby ac- knowlidge our Selfes to be fully Satisfied wth the above Divissions & Agreements, and doe binde our Selves our Heires, Executrs & Administ™s & Every of them each to the other firmly by these pres- ents to allow of & for ever to hold good & Vallid to Each other every perticular proportion in this Instrument mentioned & made, & that according to the bounds there sett, & that withoute the least let or molestation of Either of us, or Either of Ours as Aforesd and that for ever according to the tennure & true meaning of all above written, In Confirmation whereof we the Sd John Odiorn, & Thº Jackson togeather wth Each of oure Wifes above Named have hereunto Sett our hands & Seals this 16th November 1694
Signd : Seald & d'd
in presence of
Jnº Pickring Sen"
John Pickring Jun™
John Odiorn Jun" [Deeds, vol. 6, p. 59.]
John Odiorn : [seal]
Mary Odiorn : [seal]
Tho: Jackson : [seal]
Hannah Jackson [sele ]
RICHARD HARVEY 1678
[Administration on the estate of Richard Harvey granted to Robert Ellett June 14, 1678. ]
[Court Records, June 14, 1678, in Deeds, vol. 5, p. 242.]
[Inventory, June 14, 1678; amount, £18.1.9; signed by John Phillips, William Partridge, Francis Tucker, and James Robert- son.]
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THOMAS WARD 1678
HAMPTON
In the name of God Amen
I Thomas ward of Hampton in the County of norfolke in New England being sick and weak of Body butt sound in Understand- ing and of a Disposeing mind Doe make this my last will & Testa- ment as followeth
first I Com'itt my soule Unto Almighty God the father of spirits who Gave mee life and being : and my weak body to the Earth from whence itt was taken thatt after my Desolution to be buried in Hampton Burieing place in a Christian and Deacent maner as my Exectour shall appoint, and for whatt wordly Goods God hath Given mee my will is as followeth
first I Give and bequeath Unto margritt my Beloved wife my house and Barne and outt Houseing and all my land and medows about home with my Salt Marsh Untill my son Thomas Ward shall Come to the Age of twenty one years : and my wife is to have all my stock of Cattle not otherwayes Disposed of and the Movables within Dores and without for her subsistanc and for the maintain- anc of my son Thomas and my Daughter Hannah so long as she liveth with Her, and my wife is to Doe her Indeavour to p'serve the stock and keepe things in Repayer for Her Comfortable sub- sistanc & for the Bringing Up of her son, and when my son Thomas Comes to Age Hee is to Injoy the one halfe Unless his mother & he Doe agree to Improve together
Itt I Doe Give Unto my son Thomas ward all my housing and land and medows att home and my Salt Marsh wch he is to posesse Intire after his mothers Decease and att my wives Decease the Stock and moveables to Returne to my son Thomas : all that I Doe nott other wayes Dispose of : I Doe Give my son Thomas my Carved Cubbord & one Joyned Chaire & one pot and one kittle and my Horse : and m' Calvens Great Book
Itt I Doe Give Unto my Daughter Elizabeth the wife of John mason thatt twentie Acres of land whereon she now Dwelleth and the Rest of my Land on thatt side of ye medow to Remaine in the
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hands of my Exector for the use and Releif of my Daughter Eliza- beth & her Children only Reserveing wood and timber of thatt other land for my selfe and my Heires as wee shall have occasion
Itt I Give Unto my Daughter Elizabeth thatt nooke of fresh medow which was Goodman Robeys the River beyond the way to bee the south Bounds of itt and so to Extend north ward so far as itt may bee Cleared provided thatt John mason shall nott have lib- erty to fall or Dispose of one stick of timber on thatt other land thatt will serve Either for Building or fenceing or any other Use
Itt I Doe Give Unto my Daughter mary the wife of John Dear- borne thatt peece of land of my north Division Containing about fowerscore Acres more or Lesse as itt is lying northward from ashe Brook
Itt I Doe Give Unto my sone in law John Dearbarn & my Daughter Hanah ward all my land in the north plaine Contain- ing twelve Acres which I Bought of John Casse
Itt I Doe Give Unto my Daughter hanah ward two Good Cowes to bee Delivered to her att her Day of Mariag or when she shall Come to the Age of twenty one years which shall fall outt first : also to my Daughter Hannah all my land att the falles River being about twenty Acres and is bounded with the land of John Sanborn west, and the land of m" Stanyen in partt and the land of william Swaine in partt towards the East, also I Give her a peece of Salt marsh Joyning the sa land and bounded with the falls River towards the south
Itt to my Daughter Hannah Six sheepe : and one Brasse pott and two puter Dishes and the Bed which she Useth and all the Beding belonging to itt
Itt I Doe Give Unto margritt my wife my best bed as itt stands Duering the terme of her life & then to Returne to my son Thomas and my wife to have the Disposeing of thatt Bed which my son Thomas now lieth Upon
Itt I Doe Give to my Daughter hannah ward one Chest and one Joyned Chayer
Itt I Doe Give Unto my sone Thomas ward all my Implements
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of Husbandry and my weaveing Gears to my wife and my sone Thomas
Itt I Doe Give Unto my sone Thomas all my land att the new plantation and my three shares of the Cow Com'on I lay to my house and homeseat .
Itt I Doe Give Unto my sone Thomas all my Armes and Am- munition
Itt I Doe Give to my Daughter Elizabeth one share of the ox Com'on and to my Daughter Mary one share
And I Doe Constitute and Appoint John Dearbarn and margritt my wife to bee Executur & Execquetrex to this my last will and Testament
the which I Conferme with my hand & seale Affixed Here Unto this Eighteenth Day of June in the year of our lord one thousand six Hundred and Sevventy Eight
Signed and sealed Thomas ward [seal] in the p'sents of
Samuell Dalton sen™
Benjamin Shaw
[Proved Sept. 7, 1680.]
[Deeds, vol. A, p. 47.]
[Inventory, July 27, 1680 ; amount, £533.14.0 ; signed by Sam- uel Dalton, John Sanborn, and Abraham Perkins. ]
[Deeds, vol. A, p. 51.]
RICHARD CUMMINGS 1678 PORTSMOUTH
The last Will & Testament of Richard Cum'ins of Portsmº made this 19. June 1678
I Richard Cum'ins being aged & infirm in Body but in perfect Memory doe make & constitute this for my last Will & Testament, hereby revokeing all former Wills whatsoever by mee made.
Impr./ I will that my beloved Daughter Jane Joce shall have ye use of halfe my housing & land belonging to it, dureing her
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naturall life, or else such a sum'e yearly as [ye ]] Overseers & shee & Richard Joce shall agree, which sd Richª Joce shall pay her such yearly sum'e as shalbe determined among them.
2. I make my beloved Gran-son Richard Joce mine Heire, & give & bequeath to [him] in Fee-Simple my dwelling House, Barn & all my out-houses with all my uplands & Meadow belong- ing thereunto, together wth all my Fresh-Marsh, & all ye [fence- ing] Timber, Wood or Under-wood, Gardens, Orchard, & all ye Priviledges, Im'unities [&] Appurtenances y' either now doe, or hereafter any way may belong the[reunto] to bee to him ye sd Rich. Joce his Heires & Assignes for ever. Except what is aft[er excepted] Furthermore I give to ye sª Richd Joce ye best bed in ye House with all [ye] Furniture thereto belonging, with ye Table- Board & Joyn-stooles in ye new house with ye Chaires & what else is there, Sixe Silver spoones, one Silver wine cup, ye Silver Bowle, Sixe Pewter dishes one wth another, Sixe pottengers, three Plates, ye best Brasse Kettle, one Iron Kettle & Iron pott & two brasse skilletts, two oxen, [three] Cowes, Sixe Ewes & a Ram'e, One Horse & Mare, my Fouling-piece, Musket, Bandeleers & backsword & best Cuttleaxe, with all my wearing Clothes li[nen] & woollen whatsoever. Also I give him my Plough, yoakes, Bowes, Harrow, [dung] pott, new Cart & steades wth all my chaines. All ye Debts yt are lying out [I] will y' Ric: Joce shall gather in & have for himselfe ye one halfe of what is ga[thered] in by him, & ye other halfe shalbe equally divided between my Daughter & [her] children. Also I will yt all ye rest of my stock, household Goods, linen & woollen shalbe equally divided between my Daughter & her children, & Richard Joce [to have] only his share of ye linnen, Saveing y' Sam: Joce & my Gran-child Jane Joce [shall] have each of y" a Bed, & my Daughter ye other Bed with [furneture to] each of them. And that twenty pounds in Silver & so [much in fish that my] Daughter Jane had lately of mee, I will shee shall have [ye use of it dureing] her naturall life,
1 Sections in brackets are worn from the margin of the original, and are sup- plied from a copy on file, dated Aug. 21, 1690, and attested by John Pickering, recorder.
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& at her decease, both sd sum'es shalbe [payed to Rich: Joce &] hee shall give to his Brother Sam" & his Sister Jane ten pounds [apeice of it]
3 Unto my Gran-son Tho: Joce I give my Acre of land upon ye [great Iland, ]
To John Joce I give my land up in ye plaines wth wood & Timber [& all that] belongs thereunto.
To Samuel Joce I give all my land lying by that wch is com'only called Walfords [path] And I will y' Richard Joce shall erect & finish for ye sd Sam: an house upon weh he shall lay out Seventy pounds in good, currant pay, & shall set it up either upon y land aforesaid, or if Sam: shall desire it hee shall [set up] said house upon my land somewhere between ye School-house and ye Corn- field [buting] upon ye street, & I will yt he shall have one full Acre land adjoyning thereunto to bee laid out as ye two Brothers shall agree or ye Overseers order.
Unto Joanna Joce I give two Cowes, foure sheep & a sow & tenn pounds Silver
Unto Margaret, Jane & Mary Joce the other three Sisters I give tenn pounds apiece in money to bee paid by my Executors wn they come to age or Marry & to each of my foure Grandaughters I give a gold ring apiece
Unto ye Town for ye Use of ye School-house I give that par- 4 cell of land wch ye house stands on, wch I have left out of my ffield.
Finally I make my Daughter & Richd Joce my Executors & re- quest & [appoint] my beloved ffriends Capt Elias Stileman & m" Joshua Moodey Overseers, giving to my sª Overseers that two Thousand of wt oak Pipestaves in ye [hands] of C. Elias Stileman to bee equally divided between y . And I doe hereby desire & impower my said Overseers yt if anything be forgotten in my will or not [fully] exprest they shall explain & determine it, & to pre- vent any Difference between any y' are concerned in my Will abovesaid, I will y' in any Case of Difficulty they shall repair to ye Overseers for Advice, & if theyr Advice please them not [they] shall have liberty to chuse each of y a man to joyn wth
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ye Overseers by whose determination they shall Sitt down in all such matters.
In Testimony to all & singular ye p'mises I set to my hand & seale
Signed & Sealed before us
Richard X Cumins his Mark
Mark of Philip Jourdan X
Mark of Jone Knight. X
[Proved June 24, 1679.]
[Inventory, Jan. 29, 1678/9; amount, £1227.6.2 ; signed by Richard Martyn, William Vaughan, and John Hunking. ]
THOMAS WALFORD 1678
[Administration on the estate of Thomas Walford was granted to John Amazeen, guardian of Jeremiah Walford, brother of the deceased, June 25, 1678.]
There being com'ended to this Court by the Court of Associates the petition of Jnº Amenseem as being out of theire capacity vizt the disposing or ordering of ye estate of Tho: Walford deceased given by his Last will unto Tho: & Jer: Walford his grandchil- dren now in ye hands of m' Henry Sherburne & m' Richard Tucker executors to said will, This Court advised partys con- cerned to chuse either of them a friend & ye Court to ad a third to Audit the acco's of the execu's & to make such propositions as they should thinke fitt referring to a settlemt of the same, & p'sent wt they should doe herein to ye next County Court
M' Martyn Capt Daniel & L' Vaughan are ye #ties agreed on, who are to appoynt time & place & all persons concerned are then to attend./
[Court Records, June 25, 1678, in Deeds, vol. 5, p. 25.]
There being Exhibited to this Court ye case of Old Walfords estate given to his grand children which hath much difficulty in it concerning ye right heireship to a person dying intestate desend- ing by gift from ye Grandfather unto two grandsons y' are brothers,
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the Eld' of weh dying without will the bro" of ye Intestate claiming heireship to his intestate brothers estate the sisters to both these brors they claime a te of sd intestates brors estate, & the children of the doner yt first gave it they claime a te_ This Court there- fore untill a decition of this case can be resolved (web they will as Speedily doe as may be) Grants Administrac'on To John Amen- seen : and Jeremiah Walford bror to ye Intestate Tho: Walford deceased upon ye sd Tho: estate they giveing bond to administer according to Law & bring in an Inventory of the estate ( with all rents received & due) unto the Court of Adjornm' held in portsmº ye first wensday in Sep' next-The court accepts yr own bond, & they acknowledged themselves to stand bownd in a bond of 20011 so to doe
[Court Records, June 7, 1681, in Deeds, vol. 5, p. 47.]
John Amanzeene & Jeremy Walford as administrat's to the estate of Thomas Walford deceased (grand child to Thomas Walford of Saggamore Creeke deceased) by Vertue of an order of this honorble court bearing date the seaventh day of June last doe give in this acpt this seaventh day of September 168I
That ye said Jnº Amazeene and Jeremy Walford have de-
I manded of m' Jnº Sherbourne Jun" as heire to m' Henery Sher- bourne deceased one of the Executors of ye last will & testament of Thomas Walford Grandfather deceased what papers, wright- ings, or other thinges belonged to the estate of Walford deceased, but the said m' Sherbourne refused to deliver any wtout order of court
2 The said Jnº Amazeene & Jeremy Walford have recd pos- session of a parcell of land & Meddow that was given by Will to Thomas Walford deceased by his Grandfather Thomas Walford as aforesaid
3 m' Jnº Sherbourne Jun' & Jnº Westbrooke doe acknowledge to be due and have promised payment of eighteene pounds four shil & three pence whereof two thirds belong to the estate of Thomas Walford Jun' deceased weh is 1211.28. 104. the other third being 611: 18: 5ª is the propper estate of ye said Jeremy Walford
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4 The said Jnº & Jeremy have recd of Thomas Walford Jun" deceased his estate one old stuffe suit & a small box vallued at 253.
5 The said Jnº & Jeremy have recd one third part of twenty acres of land and one acre of Mash being on the great Island being that part of the estate of Thomas Walford deceased wch was. given him by his father Jeremy Walford deceased
6 The said Jnº & Jeremy have paid to Capt Wm Vaughan five- pounds nine shils for a debt wch was due to the said Capt Vaughan from Thomas Walford deceased and for the funerall charges.
his marke John X Amazeen his Jeremy X Walford marke
Upon full Hearing & Debate of ye Cause depending between ye Daughters of Thomas Walford Sen' dec'sd, and his Grandson Jeremy Walford ; And upon considerac'on had of ye Last wil & testamt of ye sd Tho: Walford Sen ye Grandfather ; & especially of ye pt wherein he bequeaths a certain house & land, whereof he was seised in fee, to his Grandson Tho: Walford (since deceas'd ) in general words only, without words of inheritance, or any intent appearing to give him more then a freehold (or estate for life :) It was agreed by ye Councel, That ye reversion of ye sd particular estate revīts to ye Right heirs of ye Devisor (or donor, ) which falls. out to be ye said Daughters of ye sd Grandfather Tho: Walford : And They do Give Judgment for them to enter, & have possession of ye land & p'misses in Question : And that ye sd Estate be equally devided among ye sd Daughters, viz: Jane Goss) Hanna Jones, Mary Brooking & Elizabeth Savage. And do likewise Order, ffive pound to be paid (for costs in mony, or ye value) by ye sd Daughters to ye Treas' of ye Province, for defraying ye charge of ye several Hearings of ye Cause.
[Council Records, Sept. 6, 1681, in State Papers, vol. 19, p. 680.]
.
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ARTHUR CLAPHAM 1678
. [Inventory of the estate of Arthur Clapham, who died in May, 1676; amount, £23.3.6; signed by John Clark and Andrew Dea- mont ; presented in court June 25, 1678, by John Hunking.]
THOMAS DUSTON 1678
The Deposition of Luce Wills & Sarah Lidden ye foremenc'ond Wills aged aboute forty Six yeares or thereabouts &. ye sd Litten thirty eight yeares or thereabouts Testifieth & saith
The Deponts being Sworne saith that ye Relict of Thomas Dus- ton by name Elizabeth being in Company wth ye deponts said that after the said Thomas Dustons house was burned that her husband & she were forced to take up Twenty pownds for theire Necessitie in beding & goods of m' John Cutt sent of piscattaq for wch they mortgaged theire house & Land Now in ye possession of John Amerideth, & farther added that after ye decease of her husband Thomas Durston she was Inforced to comply wth m' Cutts aforesd to pay to Nathaniel ffryer ten pounds weh her husband was In- debted to said ffryer before deceased, & then she also declaired yt being by Necessity constreined for herselfe & children, did make sale of ye afore menc'oned house & Land unto ye sd m' Cutt wch was mortgaged to sª Cutt as abovesaid, & also said yt her second hus- band by Name Button at his decease bequeathed to her selfe one hundred acres of Land, whereof Thirty acres she gave to her son Thomas Durston for quietness sake that he might not trouble the sd Amerideth afterward aboute ye house & Land above menconed wch she said that ye said Cutt honestly paid her for & that concern- ing ye abovesaid Land she Knew how things were better than any body, & therefore gave him the abovsaid Thirty acres of Land & farther saith not
Datd June ye 25th June 1678 In portsmº
[Deeds, vol. 3, p. 137.] 15
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ANTIPAS MAVERICK 1678 EXETER
[Administration on the estate of Antipas Maverick of Exeter granted to Edward Gilman and his wife, Abigail Gilman, daughter of the deceased, July 15, 1678. ]
[Norfolk County, Mass., Deeds, vol. 4, p. 62.]
ISRAEL PHILLIPS 1678
[Administration on the estate of Israel Phillips granted to his widow, Elizabeth Phillips, Sept. 24, 1678.]
[Court Records, Sept. 24, 1678, in Deeds, vol. 5, p. 242.]
[Inventory of the estate ; amount, £156.15.6 ; signed by Samuel Keais and Obadiah Morse; attested by the administratrix June 24, 1679.]
JOACHIM HARVEY 1678
[Administration on the estate of Joachim Harvey was granted to Mrs. Elea Harvey and Benjamin Dole, in behalf of his wife, Elizabeth Dole, daughter of the deceased, Sept. 24, 1678.3
[Court Records, Sept. 24, 1678, in Deeds, vol. 5, p. 242.]
[Inventory, Sept. 26, 1678; amount, £529.12.0; signed by Elias Stileman.]
ffor a Settlem' & Division of the Estate of Joachim Harvey between Elear his relict widow & Elizabeth Dole his only Daugh- ter & heir the Court doth order that the sd widow & Adminestratrix pay to her sd Daughter one Hundred pounds out of the Moveable estate Indifferently as the Judgmt of Capt Stileman & Mr ffryer & that ye sd widow then possess the remaynder paying the Debts & Maintayning the house & warehouse in repayr during Her Life & then that the sd Houses & Land revert to sd Elizabeth & her heirs for ever.
Elias Stileman Cleric
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JOSEPH ATKINSON 1678
[Administration on the estate of Joseph Atkinson was granted to Philip Lewis and Lieut. Neal Sept. 24, 1678, administration not having been before granted " whereby ye estate is Like to be Imbezled & his children & Creditors wronged," and the admin- istrators were ordered to secure the estate for the benefit of the children and creditors.]
[Court Records, Sept. 24, 1678, in Deeds, vol. 5, p. 242.]
HENRY MANSFIELD 1678
[Administration on the estate of Henry Mansfield granted to his father-in-law, James Leach, Oct. 9, 1678.]
[Court Records, Oct. 9, 1678, in Deeds, vol. 5, p. 242.]
JAMES LIBBY 1678
[Administration on the estate of James Libby granted to his brother, Anthony Libby, Nov. 14, 1678.]
[Court Records, Nov. 14, 1678, in Deeds, vol. 5, p. 242.]
THOMAS BEARD 1678 DOVER
In the name of God amen, the Sixteene day of Decembr in ye Yeare of or Lord God one Thousand Six hundred Seventy Eaight I Thomas Beard of the towne ship of Dover in ye County of Dovr & Postmouth being sick & weake of body
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