USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 1 1635-1717 > Part 20
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his Rober X [seal] pag mark & Seale
Samuell Dalton John Smborne Jonathan Wedgwood
[Proved Nov. 11, 1679.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. 3, p. 26.]
[Inventory of the estate of Deacon Robert Page, taken by Thomas Marston, Nathaniel Weare, and Samuel Dalton Oct. 10, 1679; amount, £579.4.0.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. 3, p. 28.]
RICHARD TUCKER 1679
[Administration on the estate of Richard Tucker granted to Mrs. Margaret Tucker Sept. 30, 1679.]
[Inventory, Sept. 19, 1679 ; amount, £28.2.3 ; signed by Na- thaniel Drake and William Seavey ; attested by the widow Sept. 30, 1679.]
REBECCA BINMORE 1680
[Inventory of the estate of Rebecca Binmore, widow, April 2, 1680 : amount, £33.2.0. A female child is mentioned, whom Sil- vanus Roake takes as an apprentice until she is eighteen years of age or married. ]
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NEW HAMPSHIRE WILLS
[Administration granted to William Willey June 1, 1680, who presented an inventory of £33.2.0, out of which he was ordered to pay £13.4.0 to'Henry Nock at the age of twenty-one, and the balance of the estate, after payment of debts, to'Henry Nock, Temperance Binmore, and Hester Binmore in equal parts when they are of age.]
[Court Records, June 1, 16So, in Deeds, vol. 5, p. 34.]
JOSEPH AUSTIN 1680
[Administration on the estate of Joseph Austin granted to Lieut. Peter Coffin June 1, 1680, who gave a bond in the sum of £40.]
MOSES SLEEPER 1680
[Administration on the estate of Moses Sleeper granted to his father, Thomas Sleeper, Sept. 7, 1680.]
[Court Records, Sept. 7, 1680, in Deeds, vol. 5, p. 39.]
JAMES HOBBS 1680
[Administration on the estate of James Hobbs granted to William Fifield and Sarah Hobbs Sept. 7, 1680. ]
[Court Records, Sept. 7, 16So, in Deeds, vol, 5, p. 40.]
JOHN BOONE 1680
[Administration on the estate of John Boone granted to Peter Twisden of the Isles of Shoals Oct. 12, 1680.]
[Council Records, Oct. 12, 1680, in State Papers, vol. 19, p. 672.]
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NEW HAMPSHIRE WILLS
GODFREY DEARBORN 1680 HAMPTON
I Godfreey Dearbarne of Hampton in the Bvenc of New Hampshier in New England Being aged and Inferme of Body
I Give and Bequeath Unto Dorothy Dearbarn my loveing wife for the terme of her life my Dwelling House & Barne & orchyard and the Use and Improvementt of all my land both Areable land pastuer & marsh land for her Comfortable subsistenc Duering the terme of Her life, and the use and Improvementt of all my move- ables within Dores and withoutt Duering the terme of her life
Itt I Doe Give and bequeath Unto my Grand Child Ann Shat- redg that now liveth with mee one two year old Heffer which she is to Receive att the End of Her time yt she is to live with mee
Itt I Doe Give Unto my sone Thomas Dearbarne my Dark Browne horse which I Use to Rid on
Itt I Doe Give Unto my son Thomas and Henry Dearbarn all the Rest of my Cattle thatt shall Remaine att the Decease of the longest liver of mee or my wife Exepting Sheep and swine which are other wayes Disposed of
Itt my will and pleasure is thatt all the Sheepe and swine that shall Remaine att my wives Decease shall bee Equally Divided betwixt all my Grand Children yt shall bee then living : and the Division to be made by my Executors & over seers
Itt I Doe Give and Bequeath Unto my Son John Dearbarn my House barne and house lott and all my land both Areable land pastuers medows & marshes and all Towne Rights and priveledges thereunto belonging and all my tooles and Carts & other Imple- ments of Husbandry : and I Doe appointt my son John Dearbarne to bee my Exectuer to this my will and the Estate the which he is to Enter Upon and possesse att my wives Decease and to bee and Remaine to him and his Heires for Ever
Itt I Doe ordaine and Appointt my two Eldest sons Thomas Dearbarne & henry Dearbarne to bee my over seers to this my last will and testamentt whom I appointt to see to the managmentt
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of my Estate thatt my wife may have a Comfortable living outt of itt Duering the terme of her life
And for whatt Houshold stuff I shall leave thatt my wife shall have the use and Improvement thereof Duering the terme of her life, and then to bee Equally Devided Between my three Daugh- ters only leaving itt to my wives liberty to Dispose of whatt was her owne before I maried Her viz one fether Bed & boulster & Rug & Coverlett and her Greatt Bible & her Red flannell petti- coate to ye wife of John morse
And this my last will and testamentt I Conferme with my Hand & Seale Affixed therto this fourteenth Day of December in the year of our lord one thousand Six hundred & Eighty
Signed Sealed & Declared His
to bee ye last will of Godfrey Godfrey Dearbarn X [seale ]
Dearbarn in p'sents of
Mark & Seale
Samuell Dalton sent
Mehetable Dalton
This was sworn to ye 26 of agust : 86 by mehetable Dalton alice [alias] Simins befor mee
Henry green Justis Peace
Province of New Hampshire June 7th 171I
Philemon Dalton #sonally appearing before the Honourable Richard Waldron Esq' Judge of probate of Wills and Granting Letters of Administration within the said province made oath that he was present when his Mother Mehitabell appeared before Jus- tice Green. and made oath as a Wittness to this Will as is incerted in the Margin thereof. /
Richd Waldron
And further by the Compareing of Several hand writeings of m' Samuel Dalton a wittness to this will I am Satisfied that the Said Will is Legally Signed & Sealed And therefor it is proved Approved and Allowed off
Richª Waldron
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[Inventory, Feb. 13, 1685/6; amount, £138.12.0; signed by Henry Dow and John Smith. ]
[Probate Records, vol. 3, p. 255.]
To his Excellency ye Governour & Councell sitting at portsmouth may 10th 1711 the petition of John Dearborn of Hampton in said province humbly sheweth-
that your pitioners father Godfree Dearborn of Hampton De- ceased about 26 years since, the witneses to his Will & testament the one of them Dyed before ye testater by Reason of which the Will above said Will not be accounted well proved before the Judge of probats, your pitisioner humbly prays your Excellency & Councill Would Receive the testimoneys to prove, the deceased Witneses hand, which is Generell known he being for many years a Justice of peace, & Clerke of ye town and so to order that ye said testiment may be Executed, by the Executor otherwise there will be a foundation for Controversy here after
Which your pitisioner humbly prays
John Dearborn
philemon Dalton was p'sent when his Mother Mehitabell ap- peared before m' Justice Green made oath as a Wittness to this will as incerted in the Margin
And further by the Compareing of Several hand writeings of m" Sam" Dalton a wittness to this will, the Judge of the Probates is Satisfied that the Said will is Legall signed & sealed and therefore Allows and Approves
[Probate Records, vol. 3, pp. 253, 254.]
JOHN CUTT 1680/I PORTSMOUTH
last will & testament of Jnº Cutt Sent of
smº in Piscataq river in the Province of New mpshire in N: E made this 6th of May 1680
ing in perfect memory but Crazy and Infirm in weaknesses by reason of age & otherwise do ordain
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. . this to be my last will & Testament hereby revoke- ing all other Wills by me formerly Made-
1ª-I Com'itt my Soul into the hands of God in Christ Jesus trusting that it shall be kept by him untill that day & my body unto a decent burial in my Orchard Where I buried my wife & Chil- dren that are deceased & I will that there be a wall of lime & Stone made about my Grave & the rest there already buried wth . room Convenient for a burying place for the residue of my family relations
2º-I Give unto my beloved Son John Cutt my house & land where I now live wth the orchard Gardens wharfeing windmill Warehouses & other houseing (except what is hereafter Excepted w.ch I Give unto my daughter Hannah) wth all the priviledges & appurtenances thereunto belonging together wth my wood ffeild lying upon the Creek behind my house & adjoyning to the land of Jnº Hunkin & all my fresh Marsh at the head of the Creek next to Rich: Cum'ings marsh wth my share of that Land bought of Maj' Waldron and Capt Lake near Greenland as alsoe all the land I bought of m' Andrew Wiggin being 160 pole by the Water Side more or lesse according to Bill of Sale & three mile back into the woods together wth ye Marsh or meadow abrest of it & my ten acres of land on the great Iland Excepting out of it what is here- after Excepted for my daughter Mary & my Warehouse on Starr Iland
3º-I Give unto my beloved Son Samuel Cutt my house com'- only called the great house wth the Orchard & feild adjoyning (Except what is hereafter given to his Sister Mary) wth all the priviledges thereunto belonging together with my land near the Pulpit being 70 pole in breadth by the water Side & run'ing up the whole Length into the Woods according to agreemt between mee & Br° Richd Cutt together with that halfe of wm William's Planta- tion in Oysteriver wch I bought of him & the farm lying near it wch I bought of Tho: Doughty wth the fresh & Salt Marsh belong- ing to it & all my land at Spruce Creek bought of M' Morgain & his wife & Ephraim Lynn being 160 acres more or lesse & that
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NEW HAMPSHIRE WILLS
part wch is mine of the house & land yt was m' Corbet's lying at Kittery Point & my one acre of land Lying on the great lland wth my Warehouse upon Smutty nose Iland as also a cell of land purchased of Richard Abbott lying near M' Wills's at Nechowonoq
4º-I give unto my beloved daughter Hannah Cutt my New warehouse wth the wharfing belonging to it the land & wharfe soe farr as the Smith's Shop wth the Smith's Shop & Soe farr as the high way wth halfe an acre of Land out of the windmill feild at the Corner next Br° Richards Barn Fronting upon the high way between that & between Br° Richards land &
mine for the Soe wide as that the double of the
the Said halfe acre & the little feild by ffront beyond Wm Hearl's bounded by the land of
land in the long reach to Say fifty pole
addition afterward laid to it & the land I had Exe- cution & the land I had in dover of Phillip Crom wch was Sometime belonging to Joseph Austen to Say eleven acres wth the freehold or Com'onage belonging to it as alsoe my farm at Wells both upland & Meadow wth the houseing & all priviledges belonging thereunto & that hundred acres of land weh I had of Joseph Beard of Dover lying in or near Cochecho-
5º-I give to my beloved daughter Mary Cutt the little feild being part of that Com'only called the great feild lying next to y9 high way going to the meeting house w" halfe an acre of land butting upon ye River on the one Side & the Creek that goes up by the great house on the other to take in the point Over & above & Soe up toward the great house wth free passage to it Between the great house & the river & a parcel of land out of yt ten acres I gave to my Son Jnº upon the great Iland to Say that where my frame now lies or formerly did lie from the house that was Capt Pendleton's to that wch was Otho Tuckerman's & all below the rock & Soe down to ye River & the land I bought of Jnº Alt & the land I bought of Wm Williams lying in the woods at the head of Oysteriver & the 13 acres at boyling rock bought of Jeffery Cur-
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rier & further I will that her Brother John shall sum'er two Cowes for her in his pasture at home freely dureing her Natural life & because her proportion of land is Smaller y" what the rest of my Children have I will that She pay nothing towards what I hereafter give to her mother out of her proportion of moveables
6°-As to ye remainder of my estate lying in Moneys plate household goods wares of any Sort Stock Shipping debts or any estate whatsoever any wise of right appertaining to mee & not already disposed off I doe dispose of it as ffolloweth Viz' one third part of the whole to my Eldest Son Jnº Cutt the other two thirds shall be divided into ffour parts of wch my Son Sam' Cutt shall have the one halfe the other halfe to be equally divided Betwixt my two daughters Hanna & Mary Cutt unto each of well daughters I give besides their portion a Silver plate Marked T S
7º Provided alwaies that I give & bequeath unto my beloved wife Ursula Cutt the full Sum'e of five hundred pounds to be taken out of yt portion web I have given to my Son's Jnº & Sam1 & to my daughter Hanna each of them to pay their proportion of the Said ffive hundred pounds according to ye Quantity of Goods that fall's to their Share when the whole is Summ'd up & divided to them & they shall pay it in each Species that they receive their portion in whether money Goods Shipping or otherwise according to ye Value of what they Receive, the Moveables to be Apprized at price Curr" Moreover I will that my beloved wife shall have lib- erty to dwell in my house till my Son John come to age or Marry if She continue a widdow whome I request to have respect to my Children & be a mother to them, if my Son Jnº Marry while my wife Continues a Widdow She shall have the use of a Couple of rooms in the house such as shall be Judged most convenient by my Execut's & Overseers together & may be comfortable for her accommodation Or she shall have liberty to build an house upon that peice of land weh she hath lately taken in as an addition to ye Orchard & may therein dwel dureing her Widdowhood & when she leaves it my Son John shall have it wth wt is built upon it Or she shall have liberty to Dwell in the New Warehouse wch shall
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NEW HAMPSHIRE WILLS
be fitted up for her till my daughter Hanna comes to make use of it Moreover she shall have the use of that land at the Pulpitt web I have given to my Son Samuel till he Come to age & may Im- prove Soe much of of it as she See's meet & build upon it if She pleases & Shall have the benefitt of it dureing her natural life & then both the land & all the Improvem' & building Shall return unto my Son Samuell Cutt
8° Furthermore I will that if any of my Children die before they come to age or marry the portion I have given them shall be equally divided between those of them that Survive & if any of my Children die wthout Issue after marriage I will that the house- ing & Lands I have given them shall goe to the next heir & wth these proviso's it is to be understood that I give the abovemention'd houses & lands to my Children & their heires for ever, Provided also yt if it be Judged meet for the Peopling of the place to Sell any part of the great house feild into house lot's & my Overseers & Execut's approve of it it may be done & ye money for ye land so Sold to redound to ye behoof of the person to whome I have given the land & if it may be done for the good of the whole I advise that by the Consent of my Executrs & Overseers ye Ship- ping or part of them may be sold assoon as may be
9º For the good of the Town where I dwell I give & bequeath one hundred pounds towards the erecting of a free school pro- vided the town shall Set it up wthin Seven Years after my decease & nto ye Church in Portsmº to wch I belong I give fifteen pounds and thirty pounds to ye poor of the Town web Sd 301 shall be dis- posed of at ye discretion of my Overseers, unto ye Children of my Br° Robert Cutt I give what was Oweing to mee from their father to be equaly divided among y" unto my Coz" Jnº Shipway I give ten pounds & to my Servant Bathiah Furbur ffivety Shillings
10° Finaly I make my beloved Son John & my daughter Hanna Executrs to this my last will & testamt & I request & appoint my good freinds M' Joshua Moodey M' Richard Martin & m" Reuben Hull of Portsmº & Capt Tho: Brattle of Boston to be my Overseers & unto ye Said Moodey I give as a legacy fifty Pounds
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NEW HAMPSHIRE WILLS
& to the other three Overseers thirty pounds a peice whome I doe earnestly desire to be carefull for ye Concern of my Children & to- order matters Soe for ym as may be to their best behooffe & for the mantaining & promoteing Love between ym & if there happen any difference among my wife & Children about the Interpretation of the will or about any matter referring to their Concernmts there- in my will is that the party or party's concern'd shall chuse each of ym a man to Joyn wtb the Overseers for the decision of any Such Controversy & what they or the Major part of them shall deter- mine I will shall be the finall Issue of any Such matter.
The managem of my burial I leave to ye prudence of my beloved wife & my Overseers & doe obleidge my Executrs wth ye advice of my Overseers to See to ye paying of the legacies abovemention'd & dischargeing of all my Just debts & funerall Charges out of my estate.
In testimony to all & Singular the premisses I Set to my hand & Seal this sixth day of May in the year of our Lord 1680 by the premises I mean w is written on the side above & on the other side
Wee whose names are underwritten John Cutt- [a seal]
saw m' Jnº Cutt Sen' sett his hand & Seal to this Instrumt & heard him declare it to be his last will & Tes- tam this 6 may 1680
John ffletcher
Samuel Keais
Vera Copia of the originall Will on file of ye quart' Court of portsmº in N- Hampsh': attests-
Elias Stileman Record"
Portsmº JanTy 3ª 1680/81
As an explication wth Some alteration of the Seventh article in my aforementioned last will & Testament in the foregoeing folio bearing date the 6th of May 1680 I annexe what hereafter followes
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NEW HAMPSHIRE WILLS
to Say that whereas I have in sd article given five hundred pounds to my beloved wife Ursula Cutt upon Consideration of the great wasting of my Estate by reason of long Sicknesse & other late providences attending mee I doe hereby will that the Sum'e wch I bequeath unto her my wife afores" shall be but four hundred pounds payable in manner as is in Said Article Express'd & wthall I give this as my meaning in Sd article that the said Sum'e of four hundred pounds is in lieu of w' She my Said wife would or might have expected on the Accº of writt of Dowry or thirds of my Estate or any other way by vertue of any law in Old England or New & She shall renounce all other her intrest in or claim to any part of my estate or else shall not receive any part or whole of this four hundred Pounds that I have here bequeathed her leaveing her to her choice wch of the two she will take either the thirds of my house & land dureing her life time or this four hundred pounds & I do hereby will & declare that this schedule here an'exed is & shal bee my last will & testamt any thing in my will aforesd to ye Con- trary Notwithstanding as Witnesse my hand & seal this third day of JanTy one thousand six hundred & Eighty
this writeing above was signed John Cutt- [a seal]
& Sealed by Jnº Cutt esq' Presi- dent of New Hampshire & de- clared to be his last will & Tes- tament in p'sense of us this 3d Jan'y 1680
Richª Waldron Joshua Moodey
Vera Copia of the originall Expliacon & addition as it is on file of ye quart" Court of portsmº in N. Hampsh attests Elias Stileman Record'
[Proved April 9, 1681.]
[Inventory of the estate was presented June 7, 1681.] [Court Records, June 7, 1681, in Deeds, vol. 5, p. 47.]
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[John Cutt, son of President John Cutt, being a minor, desires that his guardian, Reuben Hull, may fit out and send to sea cer- tain vessels belonging to his estate, the overseers approving.]
[Council Records, Sept. 7, 1681, in State Papers, vol. 19, p. 677.]
[Administration de bonis non of the estate of John Cutt of Ports- mouth granted to Samuel Penhallow of Portsmouth, merchant, July 24, 1700, who married Mary Cutt, daughter of the deceased, the executors of the will, John Cutt and Hannah Cutt, son and daughter of the deceased, having died.]
[Probate Records, vol. 4, p. 210.]
[Bond of Samuel Penhallow, gentleman, with Thomas Parker, chirurgeon, and Charles Story, gentleman, as sureties, all of Portsmouth, in the sum of £500, July 24, 1700, for the adminis- tration de bonis non of the estate of John Cutt of Portsmouth ; witnesses, Sarah Hall and Mary Hall. ]
HENRY SHERBURNE 168 I
[Inventory of the estate of Henry Sherburne, March 26, 1681 ; amount, £126.12.0 ; signed by Peter Coffin ; attested by Samuel Sherburne and John Sherburne Sept. 8, 1681 ; goods delivered to Mrs. Sherburne out of the estate, £19.1.6.]
[Order of court, June 7, 1681, appointing John Hunking, John Shipway, and John Pickering a committee to set off to Sarah Sherburne, widow, her third of the real estate of her husband, Henry Sherburne, she stating to the court that she was receiving no means of support either from his estate or that of her former husband, Walter Abbott. ]
[Court Records, June 7, 1681, in Deeds, vol. 5, p. 47.]
[Inventory was presented Sept. 7, 1681, and attested by Sam- uel Sherburne and John Sherburne ; amount not stated. ]
[Council Records, Sept. 7, 1681, in State Papers, vol. 19, p. 678.]
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PHINEAS RIDER 168I NEWCASTLE
[Inventory of the estate of Phineas Rider, Great Island, April 30, 1681, "According To the desire of his widdow"; amount, £12.16.0; signed by Nathaniel Fryer and Samuel Wentworth.
Administration granted to Alice Rider June 7, 1681, who made oath to the inventory. The court gives her all the estate. ]
[Administration on the estate of " old Rider" granted to his widow June 7, 1681.]
[Court Records, June 7, 1681, in Deeds, vol. 5, p. 46.]
AGNES COWELL 1681 PORTSMOUTH
Know all men by presents that I Agnes Cowll of the town of Porthmouth in new Hampshire doe After my deseas make Over and give the theird part of my Estate which was left by my hus- band Cowll which is ffiffty pound as it was prise and I doe give the said ffifty pound to my Children at my deseas as I think ffitt or to any or all them in my last will and testament as witnes my hand & seal this 30th Aprell 1681
tested by
the mark X of Agnes Cowll [seal]
Thomas Harvey Nicholas Walden [Proved Jan. 3, 1681/2.]
ANTHONY ELLINS 168I
[Inventory of the estate of Anthony Ellins, Portsmouth, Aug. 7, 1681 ; 'amount, £375.5.11 ; signed by John Shipway, Anthony Nutter, and Nehemiah Partridge.]
[Administration on the estate of Anthony Ellins granted to his widow, Abigail Ellins, Sept. 8, 1681.]
[Council Records, Sept. 8, 1681, in State Papers, vol. 19, p 678.]
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[Inventory of the estate of Abigail Ellins, widow of Anthony El- lins, " wch she brought with her when she married said Anthony "; taken Sept. 8, 1681 ; amount, £39.18 o; signed by John Sher- burne and Nehemiah Partridge ; attested Sept. 8, 1681.]
JOHN HUNKING 168I PORTSMOUTH
The last Will & Testament of John Hunkins of Portsmº in ye Province of New-Hampshire made this twenty fifth of August 168I
I John Hunkins being under great weaknes of Body, and app™- hensions of approaching Death,
I. Unto my Beloved Wife I give all that shee brought with her, fiveteen pounds of hers In Mony I made use of, & I will shalbe returned her in kind. I give her also one hundred pounds out of my Moveables according as they are prized, & I will yt all my Moveables bee prized as Mony, Further I will yt my Wife shall have liberty to dwell either in this house or that wherein John Light now lives, so much of either of ym being allotted to her as shalbe judged convenient for her accom'odation by my Execut & Overseers, & shee to have liberty of dwells there while shee lives. Provided alwaies yt my wife accept of what is above- said in liew of her Thirds of my house & land, & renounce her Interest in any part of my Estate any further than as above expressed.
2. Unto my Beloved son John Hunkin I give ye House & land where I now dwell wth ye Barn, outhouseing Orchards & all ye Priviledges thereunto belongeng, to him also I give ye Field newly fenced in by ye High Way next to m' R. Martyns, being thirty Acres more or lesse, together with my Warehouse & wharfing at strawberry-Bank, as also my Houses, Warehouses & stage on star-Island with all other Appurtenances thereto belonging (my Boats only excepted) & my Best cloak & silver hafted Rapier & my seal-ring wth J H upon it, willing him my son John to pay unto my Daughters out of his own proper Estate fivety pounds apiece in Mony, upon theyr Day of Marriage or when they come
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to Age, & if either of them dye before ye Time limited then her fivety pounds to bee paid unto my surviveing Daughter.
3 Unto my Beloved son Peter Hunkins I give ye House & land where John Light dwells with all ye Priviledges thereto belong- ing, excepting ye #cell of land between Gate & Gate on ye N. West side of ye house (reserving ye forementioned Liberty to my wife ) Also a #cell of Land next Wm Cottons being about twenty Acres more or lesse, unfenced, wth four Acres of Marsh wch lies at Little Harbour
4 I give to my Beloved son William my eight-Acre Lott near ye Boyling Rock with sixty sixe Acres at ye Head of said Lott in ye Plains.
5 I bequeath to my Beloved son Mark my sixe-score Acres of Land near Salmon-ffalls being all that #cell of Land weh I bought of Ralph Hall, as # Deed appeares
6 To my Beloved Daughter Agnes I give all my land upon ye Great Island wth ye lettle house upon it lying next to John ffabens's House by ye Water-side. And a seal Ring marked A H. besides that fivety pound payable by her Bro. John.
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