USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 1 1635-1717 > Part 22
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[License, Nov. 5, 1706, to Samuel Thing of Exeter, smith, administrator, to sell real estate.]
[Probate Records, vol. 5, p. 38.]
[Account of the settlement of the estate ; amount of estate, less charges and widow's third, £29.16.8; claims against the estate, £136.4.0; allowed the first Tuesday in June, 1707.]
[Probate Records, vol. 5, p. 43 .]
JOHN WINGATE I683/4 DOVER
In the name of God the twelve day of March in the Yeare of or Lord God one thousand Six hundred Eightie { fter three
I John Win- diett of the towneship of Dover in the Province of Newhamsheare being of a sound & perfect memorie blessed be the Almightie god for it doe heare make my last will & testament in manner & forme as folloeth
Imp'mis I Commit my Soule to god who gave it & my bodie to be decently buried in some Convenient place where my Execu- tor hereaffter named shall appoint
It is my will that all such debts as I doe by reason & consience owe to any ?son be honestly & truely satisfied & paid in some Convenient time affter my decease - My debts being paide & my funerall charges being Defraied I doe order & dispose of the
-
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estate which it hath pleased god to bestow upon me in manner as ffolloeth
(1) It I give to Sarah my beloved wife for Love I doe owe & beare to her & for her comfortable living the Lodging roome wherein we lie & the chamber over it with the bed & furniture belonging to it dureing her naturall life if she doe soe long re- maine a widdoe & after to returne to them whome I shall here- after dispose of it, & alsoe two Cows, & the halfe of the Orchard, & the two Acars of Land adjoyneing to it, next towards Dover dureing her widdoewhod & no longer
(2) It I give to my Son John Windiet my house & land with the marsh & flatts with all ap #tenances thereunto belonging one the side of the back river where my house now is, And alsoe the sixtie Acars of Land which I had of my ffatherlaw Nutter accord- ing to deed scituate & lieing at or neare A place commonly Called Rayners brooke : & the halfe of my plow gears ; with halfe the Chaines, & if all other Impelments blong there too, And the ffeather bed & furniture in the new roome-
(3) It I give to my Son Mosses Windiet the ffourtie Acars of land which I had of my fatherlaw Nutter lying on the west side of the back River buting on the sd River wth the marsh & flatts belonging there unto, And also the twentie acars of land which I had by the towne grant as by Records may appeare scituate & lying on the south east side of Zacharie ffields Land, & also the other one halfe of the plow gears Chains & Implements as before menciened, And the ffeatherbed & furniture belonging to it whereon I have Laide in my sickness
(4) It I give to my daughter Ann Windiet, All the goods which I bought of Edward Allin both beding & Bedsteads, Curtains Vallance Carpets Cubbords Chairs stools, Tables, brass, pewter Andirons & two Cows
(5) It I give my Son Joshua Windiet twentie Acars of Land which I bought of Leiftenant Hull scituate & lying Joyneing to the twentie acars of land which I gave to my son Mosses Windiet on the southeast side of it
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(6) It I give to my son Caleb Windiet twentie acars of Land which I bought of Thomas Lehiton lying on the southeast sid of the fourtie acars of Land which I gave to my Son Mosses Win- diet buting on the back River with the marsh & flatts belonging to it, And the ffeather bed where on John, and Moses my sons doe usuallie lie on
(7) It I give to my daughter Marie Windiet the ffeather bed & furniture, before mencioned to her mother after her mothers decease, or doe marrie againe
(8) It my will is that all the remain'g of my moveables which are not before mencioned & given away be equallie divided be- tweene : John Windied, Moses Windiet, Joshua Windiet Caleb Windiet & Marie Windiet my sons & daughter, (Excepting my moveables which I have at the plantation which was Thomas Cannes, being two oxen, two Cows, & one younger beast, with plow stuff household goods & what besids is there I give to the five Children of Thomas Can'ie which are not now married to be equallie divided betweene them
As for the household goods which was Thomas Can'ies I leave it to Sarah Windiet my wife to dispose of it amongst them ffive of her Children which are not married of Thomas Can'ies
I desire M' John Gerish and my brotherlaw Anthonie Nutter to be my Executors in trust to see this my will to be performed
sealed signed
the mark & seale of
John X [seal] Windiet in #'sence of
Richard Waldern
Joseph Canne Test John Evens
[Proved March 23, 1687/8.]
In the Name of God the first day of December in the Yeare of o' Lord God one thousand Six hundred Eightie Seaven
A Codicell made by me John Windiet : being at p'sent of per- fect memorie blessed be god for it, Doe hereby alter som things of my Last will & testement, which doth bare date the Twelve
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day of March in the yeare of our Lord God one thousand Six hun- dred Eightie as doth folloe, four three
Whereas I did will that all my debts are to be paid I doe now order them to be paid out of my whole estate of moveables debts and accounts which are dew to me-
(2) Article, I doe there unto ad, & give to my Son John Win- diet two oxen & the two Cowes which In the (4th) article I did give to my Daughter Ann Windiet
(3) Article, I doe thereunto ad, & give to my Son Mosses Windiet two oxen
It whereas Abigall Windiet my daughter which was not bourne when my will was made I doe give Unto her mother one bed tick- ing which is in the house and one Cow to buy ffeathers to fill a bed & my daughter Abigall to have it when her mother shall see it fitt with boulster to it,
Whereas I did by my will appoint M' John Gerrish & my Brother Anthonie Nutter to be my Executors in trust to see my will # formed : And now my brother Nutter being ded I doe alter it & doe appoind my Verie good freinds & kinsmen : John Hall Jun' : and M' Jobe Clements and Zacharie feeild to be my Exec- utrs in trust to see my will #formed, And Alsoe doe desire m' John Gerrish to be assisting to them in accoumpts or otherwise
It I doe give m' John Gerrsh & M' Job. Clements power to bind my sons John Windiet & Moses Windiet out as printices r otherwaies to dispose them as they shall see meet untill the be of age-
sealled & signed
the marke & seale of
in prsence of
John X [seal] Windiett
Richard Walden
Joseph Canne
John Evens
[Proved March 23, 1687/8.]
[Suffolk County, Mass., Probate Files; N. H. Province Deeds, vol. 4, p. 71.] 18
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[Bond of Sarah Wingate of Dover, widow, with Richard Otis of Cocheco, yeoman, and Richard Paine of Newichwannock, ship- wright, as sureties, April 5, 1688, in the sum of £1400, for the administration of the estate ; witnesses, Robert Mason and Rich- ard Chamberlain. ]
[Suffolk County, Mass., Probate Files. ]
[Inventory, Sept. 20, 1688; amount, £182.10.3 ; signed by John Tuttle, Job Clements, and Joseph Canney ; appraised by John Hill and Edward Sargent.]
[Suffolk County, Mass., Probate Files.]
SEABORN COTTON 1684 HAMPTON
The Last Will, & Testament of Seaborne Cotton, Minister of the Word of God, at Hampton, in His Majestyes Province of New Hampshire, made, & signed May 20. 1684. In the 36th yeare of :His Majestyes Reigne, is, as followeth.
In the Name of God Amen, & of His Son Christ Jesus, Who is Lord both of Quicke, & Dead, Who hath taught us by Precept, & Example, not to doe our owne Will, but the Will of our Heavenly Father : yet in His Word hath ratifyed the Will of a Testator, when He is dead. I Seaborne Cotton of Hampton, in His Majestyes Province of New Hampshire, in New England, doe Make, & de- clare this my Last Will, & Testament, & (I trust) according to the Will of God, in manner following. First, My Soule, which Hee hath chosen, & Redeemed, & (I hope) called out of the Power of darkenesse, I doe (according to His Appointment) resigne It, into his Hand, at His Call, as Into the Hand of a gracious, & Faith- full Creator, Redeemer, & Comforter : My Body after my decease, I leave to bee decently Com'itted to the Earth, till ye day of ye Resurrection of ye Just. And as to the Outward estate, which God hath given mee; As It is ye will of God, So my Will is, That out of It, My Debts bee first payed, & then my Wife, & chil- dren Live of ye Rest, as is after mentioned : My Debts are only at Portsmouth, & Boston, my Debts at Portsmouth are few, & small, & will easily bee paid by debts due to mee in Hampton, which
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debts from Hampton, I Appoint my deare Wife Prudence, with my after named Exequetors, to see Improved for that end ; & the remaining part of those debts from Hampton, If they bee found, I bestow upon my sd Wife Towards the maintenance of Her Selfe, & my Son Rowland. My Debt at Boston is only to my Honored, & good Freind Captaine Sewall Administrator to my Honored, & good Benefactor Captaine Hull deceased, who hath promised mee to bee satisfyed with part of the Rent of my Farme at Muddy River yearely, untill the Principall bee paid ; for which end, I Appoint a convenient part yearely to bee paid, as may best Con- tent, except only some part of the Rent hereafter Excepted, unlesse my selfe before my decease shall pay Him, or my Exequ- tors shall find an easier, & nearer way not contradicting any other part of my will. Furthermore, in Consideration of the Christian Com'union of my selfe, & present deare Wife, about the space of Eleven yeares, as also having received for the good of the whole Family, hers & mine, the sum'e of about an hundred, & twenty pounds in Countrey pay, by reason of some Land of her owne, (not inventoryed, as her Husband Crosbeys Estate being made over to Feoffees in trust, for Her use before) & by mutuall Consent sold at Topsfeild : my selfe having paid about an hundred pounds in silver, & as silver, to satisfy her former Husbands debts, as will appeare by bills taken up, & accounts now in my hand, not at all accounting my Time, paines, or expences, nor the charge I have bestowed upon Her Three Sons in theyre Education to this day : Out of my Hearty Love, & good will towards Her (the former Sale at Topsfeild standing good, & firme) I truly give, & hereby Assigne all Bills, & Bonds whatsoever, relating to Her Husband Crosbey in my keeping, (all which I have satisfyed) to my said wife, & doe hereby acquit & exonerate her from making satisfaction to any children, or Heyres of mine, for any such dis- bursements, strictly charging all mine, to forbeare demanding any payment for the same : yet advising my said deare Wife. as sole Administratrix to M' Crosbeyes Estate, to keepe the staffe in her owne Hand, that neither Forreigne, nor domesticke claimers may
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recover any thing of Her, that I have payed, Her Bowells being more likely to yerne towards Her children, then theyrs towards theyre mother : Likewise I freely returne to her the Estate, that was Mr Crosbeys, to which shee is Administratrix, not at all Ex- pended by mee (as shee well knowes) but as I found It, so I leave It, except one small parcell thereof disposed by herselfe, to one Pearty, for the advantage of the whole : Also whatsoever House- hold goods sometimes M' Crosbeyes, which my wife at any time brought to Hampton & are not worne out in the use of the whole, I returne them to her, in the Condition, they shall be in, at my decease, desiring Her, & charging her, to Bee Kind to, & Prudent for, Her, & my son Rowland-& for her Encouragement To Re- member mee, & to endeavour to Her Utmost, with others here- after mentioned, the good Education of Rowland Her son, & mine, I doe give unto my said wife ten pounds yearely out of the Rent of my Farme at Muddy River during the terme of Her widowhood to Her Selfe, but after Her Marriage, or if shee dye before, the said sum'e of ten pounds to bee disposed towards Row- lands subsisting, not exceeding the terme of twenty yeares en- suing the date of my decease : I also give unto Her two milch Cowes, such as shee shall chuse, out of my stocke, for Her use, only if Rowland live to bee one & twenty years of Age I require them, or the Value of them to bee returned to Rowland, by His mother, or Her Heires, if He dye before that time, let her keep of them, what shee doth not bestow. on His decent Funerall. I also give unto her, & Rowland Joyntly, whatsoever estate shall bee due to mee, by the decease of my Honord Father Wade, which property is at my disposall : I also give her the Iron tongs, and Andirons Com'only used in the Parlour, as also for Her further Encouragement to due care of Rowland for this life, & a Better, I give to my sd wife, the time I have in Joseph Elkins, whome I require to serve Her faithfully that shee may the better looke to her selfe, & son as also I require my sd wife to fullfill my part of the Indenture to sd Joseph
As for my Deare Children, which god hath graciously given
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mee, my sons are two, John, & Rowland, the former already brought up to Learning, & through gods goodnesse, as able to live as my selfe, therefore I doe for the space of twenty yeares after my decease Appoint the sd son John, his heires, to pay to my son Rowland (if living) the full sum'e of ten pounds yearly out of the Rent of my farme at Muddy River, for His use, with His mother during her widdowhood, but to his only use after her mar- riage ; for twenty yeares after my decease & considering that divid- ing such a Farme might spoile it, I therefore, for the fulfilling of the Legacy aforesd, doe bequeath unto Him my Farme at Muddy River with all Buildings thereupon, all Fences, Orchards, Mead- owes, Marsh, Pastures, and Arable Grounds, with timber, Privi- ledges, & Appurtenances thereunto belonging, the Same to Have, & to Hold to Him, & His Heires for ever, Hee paying to His mother, & Rowland as abovesd, but in case my son John dye with- out Lawfull Issue, my son Rowland shall Inherit the said Farme, He paying such Legacyes to His Sisters, as shall be herein Ap- pointed : & if both dye without Issue as Aforesaid, it shall bee divided among my daughters, & theyre Heires, that shall be liv- ing : & if Rowland should dye before twenty yeares expired after my Decease, the ten pounds remaining of what should be paid of those twenty yeares, shall bee Equally divided among my daugh- ters, or theyre heirs living. Item, I give to my two sons my Library to bee equally divided between them, for theyre use & benefit, only excepted, what English Books I may give to my
Daughters for theyre Instruction : Item I give to my son John a guilt silver Tankard ; as also my Red Curtaines Lined with silke, red coverlid, Carpett, & Cupboard cloaths but if my son John dye without Lawfull Issue, I will them all, if not worne Out. to fall to Rowland, & if Rowland dye without Lawfull Issue, They shall descend to the next Heire male, borne among my Daughters.
Item to Rowland I give my biggest silver Beere Bowle, for ever at His dispose As for my Remaining estate, which is in plate, Household goods, Horses, Catle, etc: I doe will It bee divided betwixt Rowland, & my sixe daughters, as is after expressed, my
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NEW HAMPSHIRE WILLS
Three Eldest Daughters, Dorothy, Anne, & Sarah, to have my three silver Beere Cups remaining, they chusing each of them one, according to theyre Ages : My three Younger Daughters, Elizabeth, Mercy, & Maryah, to Have my silver wine cups, & spoones Among them to make up, what they want of the value of theyre sisters cups, as farre as It will reach : all other Household goods whatsoever (not already disposed) whether of Woollen, Linnen, Pewter, or Brasse, or Iron, Feather beds, wooden ware, chayres, stooles Cushions etc: & catle, Mares, & Horses, to be Equally divided among Rowland, & his sixe Sisters, only what any Daughter hath received upon marryage, before that time, to bee deducted out of the abovesd Division ; excepting the plate mentioned, which I would have each enjoy, as It is written : only there is a chest, that was formerly bought of D' Groth which I give to Rowland, together with a Birding Peice
Besides, & above the Division mentioned, I give my first Wives Trunke to Maryah that shee may have some Remembrance of Her Mother. As also besides the Division forenamed, I give to- Elizabeth, a Table Cloath, & six Napkins marked R. O. said to bee given her by M' Richard Oliver, at my decease, or her mar- riage ; I also acknowledge my pocket Pistoll to bee given my Son John long agoe :
Furthermore if my wife Prudence shall not accept of my fore- going Legacyes to Her, but require her Thirds according to cus- tome of Law, then I doe hereby make void my foregoing gifts be- queathed to Her, both of bonds, & bills satisfyed by mee & of ten pounds per Annum, as relating to Her Selfe, or what ever else mentioned out of my Estate
And to this my Last Will, & Testament, I doe Constitute, & Appoint my Beloved Sons, John, & Rowland Joint Exequetors, & in case of ye death of ye One the Survivour to bee Sole Exeque- tor, & by reason of Rowlands Nonage, I Appoint, & Earnestly desire my Deare Couzen M' Cotton Mather, & my Dear Brother M' Nathaniell Wade to bee tender Guardians to Rowland, and Overseers to the Accomplishment of this my Will, for which the
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NEW HAMPSHIRE WILLS
Lord will Reward them, & my sons will thanke them, whome I fervently begge to doe theyre Utmost, to assist my Deare wife in Educating Rowland to Learning, & if that bee not attainable, to some worthy, & Noble Employment.
Further, my Daughter Elizabeth being Single, I beseech my Honored Uncle M' Joseph Dudley, to take the Care of Her.
My Daughter Mercy is of age to chuse a Guardian, I pray God to direct her to doe It wisely; My Daughter Maryah being Youngest, I Com'end her to the Lord, & to my son, & daughter Smith praying them to take care of Her for Her best good, till shee bee of Age to chuse a Guardian, or provide for her selfe ; Item, what Estate the Honorable Governour Bradstreet shall by his last will bequeath to mee, or my Children by his Daughter, according to Promise, if Hee Himselfe doe not divide It by name, my Will is, It bee divided among them Equally. I can in no wise worthily Gratify my Deare Brother, & Couzen, Overseers of this my Will, but only request them to chuse for themselves, what Authors a peice, they please, in my study, as a poore token of un- feigned Love, & Gratitude. / Thus Com'ending my selfe your selves, my Deare Wife, Sons, & Daughters to the Infinite Grace of God Allsufficient I doe in the presence of God, & man revoke all former wills & signe This, as my Last Will, & Testament with my Hand, & seale, May the Twentieth, one thonsand, sixe hun- dred Eighty & Foure, while I am well, & in good Health
This Instrument was signed, & sealed by Seaborne Cotton, & Affirmed by Him to bee His last will, & Testament, Before us Wit- nesses : sold) in the first page, of my decease) in the 2ª page inter- lined before signing, & sealing. Live) also interlined in page 2ª
Seaborne Cotton [seal]
Memorandum, if my son John dye, so as Rowland live to pos- sesse that Farme, Hee shall pay sixty pounds, to my sixe daugh- ters, or to theyre Heires living, by paying ten pounds yearly, for
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sixe yeares, paying the first yeare to ye eldest Daughter, & so Successively yeare, by yeare to the Rest, according to theyre Age ; except the persons concerned, doe otherwise mutually Agree ; this also I signe the day, & yeare above written
M' Cotton of Hampton owned this Seaborne Cotton
Instrument to bee His last will & Tes-
tament, as above exprest, June 2. 1684. before us witnesses
Samuell Shuerburne
James Carr
[Proved October 7, 1686.]
[Inventory of the estate of Rev. Seaborn Cotton, who died April 20, 1686; taken April 26, 1686; amount, £309.13.6; amount of goods given to Mrs. Prudence Cotton which belonged to her former husband, Mr. Crosby, £68.2.0; signed by John Sanborn, Henry Dow, Samuel Sherburne, and John Tuck. ]
WILLIAM LUX I684 NEWCASTLE
[Inventory of the estate of William Lux of Great Island, June 16, 1684 ; amount, £50.7.0 ; signed by Elias Stileman and Nathan- iel Fryer.]
[Probate Records, vol. I, p. 286.]
[Bond of Audrey Lux, widow of William Lux, with James Rob- inson of Great Island, cooper, as surety, June 17, 1684, in the sum of £100, for the administration of the estate; signed by Edward Cranfield. ]
JOHN HODDY 1684 PORTSMOUTH
I John Hody of the Town of portsmo in the Province of New- hampshire being very ill & weake in body,
Ist I will & bequeath unto my beloved wife Mary my house & land in the Town of Portsmº Aforesd, and all the rest of my estate both reall & personall, during her Naturall life, upon condittion that she take all due care for the bringing up of my children according to the best of her abillity
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21y My will is that after the decease of my said wife my Eldest Sonn John shall have present possesion of my said house & land, wch sd house & land shall be to him & his Heires and Assignes for ever, upon condittion yt he Shall pay unto my other three Children Viz: My Daughter Mary, & my son's Arthur & Sam- uell twenty pounds A peece in currant mony of New England, at the age of Eighteen yeares My sd Daughter Mary, or when she marries. & to my sons when they shall be One & Twenty yeares olde, & my sd house & land shall stand engaged for the payment of the same.
31y I will yt if my sd Son John shall dye before he comes to the Age of One & Twenty years, or dye wth out Heires, That then my Son Arthur shall have my sd house & Land to him & his Heires & Assignes for ever, he paying his other brother Samuell thirty pounds in mony, & his sister Mary also thirty pounds in mony when they come to Age as abovesd: & if my sd Son Arthur shall dye before he comes to Age or have no Heires then sd house & land shall be to the proper use & behoofe of my youngest Son Samuell his Heires & Assignes for ever, he paying his sister Mary fourty pounds in currant mony.
4ly I will yt my wife shall pay all my just Debts & funerall charges, & the remainder of my whole estate as above men- tioned shee shall Improve & dispose of if occasion be for the comfortable meantenance of her selfe & my chilldren, & my said Children shall have no Advantage in Law against my sd wife for her so doing.
5ly I will yt if my wife shall dye before my sd Children come to Age as above said, that then my Chilldren shall have my whole estate both personall & reall Equally Devided among them, my Eldest Son only shall have A duble portion of ye same
6ly I will yt my sonns, when they shall grow up & be fit to goe to service, that they shall be bound Apprentices to honest & Godly men, to be brought up in such calings as the lads shall like best.
7ly I doe hereby make & Appoint my Beloved wife to be my sole & only Executrix to this my last will & Testament, and doe
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request & Impower my well beloved ffriends m' Richard Martyn, & Samuell Keais to be my Over seers, for to se to the punctuall performance of this my will, & to assist my wife wt they can in the management of the above mentioned premises. In witnesse of the truth of All the above mentioned perticulers I doe hereunto set my hand & seale June 16th 1684
M' John Hody declared the above John Hody [seal]
Instrument to be his last will & Tes-
tam' in presence of us.
John Tucker
Sam" Wentworth
Obadiah : Mors : [Proved July 30, 1684. ]
.
ELEANOR CUTT 1684 PORTSMOUTH
I Eleanor Cutt being weak in body, but in perfect memory, Do make & ordain this hereunder written to be my Last Will & Tes- tament ; hereby revoking all other Wills by me formerly made.
I Will That if there be any debts due from my late Husbands Estate, or any Legacies due by his Will, which are yet unpaid ; they shall be discharged out of the remainder of my said Hus- bands Estate, which is yet in Partnership, or undevided, between me & the other Executors of my Husbands Will, & the residue of ye Debts belonging to sd Estate, to say, my share of them as Executrix I give to my Son Vaughan & Daughter Daniel, to be equally devided between them.
My Stock that is at ye ffarm, I give unto my Grandchild Cutt Vaughan ; together with my Clock ; my Salt marsh shall be equally devided between my two Daughters, Margaret Vaughan, & Bridget Daniel. And the ffresh marsh belonging to me (being not menc'oned in my Husbands Will) I bequeath to Eleanor Vaughan ; (Which was my Husbands mind, tho not expressed in his Will.
My Plate, I give Twenty pounds worth of it to my Daughter Daniel, & the remainder of [t]o my Daughter Vaughan & her
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Children ; to each of them an equal portion ; my Daughter to use it till ye Children come to age; & each Child to have their share as they are of age. The fforty pound of money which I received of M' Hubbard for the interest of the Childrens money which is in his hands, I have given to their Mother, to be reserved for their use.
All my Bedding and Linnen, with my Brass, Iron & Pewter I will shall be devided between my Daughter Daniel & my three Grandchildren, Eleanor, Mary, & Margaret Vaughan, to each of them an equal share.
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