USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 1 1635-1717 > Part 28
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nesse whereof the said John Doe and Sampson Doe hath hereunto sett their hands and Seales the day and yeare aforesaid
Sealed and Delivro
John Doe [seal]
In the prsence of W™ Partridge Jun:
samson doe [seal]
Cha: Story :
John Gove
Pro: New Hampshire Att a Court of probates held at portsmº 4th June 1706 this Agreement is Allowed and Approved off by me the Subscriber and ordered that the Register record the same Joseph Smith Judg of probats &c-
ANTHONY BRACKETT 1691
In the name of god amen ye IIth day of sept 1691-
I Anthony Bracket sey' being in perfict memory doe make this my Last will & testament, Comiting my soul into the hands of my Redemer the Lord Jesus Christ, & my body to the earth-
Itim I give & bequeath to my daughter Jane hains fouer acors, in part of marsh being more or Les, which shee formerly made use of & so upward to ye head of ye cove & to young oxsen .Affter my desece
Item I give & bequeath that three acers of marsh mor or Les being at black poynt to my daughter Ellener Johnson, which marsh I have a deed for, which deed I doe assign over to my daughter Ellenor, & shee to take it into hur possestion Affter my deseac
Item : I give & bequeath unto my grand daughter kasia bracket three Cows to be payed at age of Eightenn years or day of mar- ridg
I give to my grand daughter Roose Johnson on heffer
I give to my grand son samuel bracket one heffer, all the Rest of my cattle & sheep I doe give to be Equally devided amoung the Rest of my gran Children of what is Leff't Affter my wiff's deseac, I doo here ordain & make my sonn John Bracket Executor of this my Last will & testament, and him to pay all Just debts & to gather
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all debts which is Justly dew unto mee, my housall goods I Leve with my wiff for hur one use to this I set my hand
Witneses Anthony Bracket X by his mark
Nathaniel drack John Lock :
[Proved July II, 16Q2.]
[Deeds, vol, 5, p. 82.]
RICHARD SNELL 1691 BOSTON MASS.
In the Name of God Amen the twenty fourth day of September, in the Year of our Lord One thousand six hundred Ninety and one, and in the third Yeare of the Reign of our Soveraign Lord and Lady William and Mary, by the Grace of God, of England, Scotland, France and Ireland King and Queen, Defenders of the faith &c. I Richord Snell, now Resident in Boston, wife of George Snell of Portsmouth, in the Province of New Hampshire, New-england, *
Item My Dwelling House and Land adjoyning, and all the appurces therunto belonging, situate and being in Black-Horse- Lane in Boston, I do give and bequeath unto my Husband, George Snell abovenamed, and to his Heires and Assigns for- ever. Item. I do give and bequeath unto Elizabeth Hunking, Daughter of my former Husband, John Hunking, decd the Sum' of Ten pounds. Item. I do give unto Grace Vittery, Daughter of my Sister Margery Vittery of Kings ward in the County of Devon in the Kingdom of England Decesd five pounds-Item I do give unto my Grandson George Little-John, son of my Son George Littlejohn of Halwel in the County of Devon aforesaid, One piece of Spanish Gold, Valued at four pounds, and a silver Drinking dish scolloped. Item, I do give unto my Grandaughter, the Daughter of my son George Littlejohn, (whose name I Remem- ber not ) five pounds. And I do ordaine, Constitute and appoint my beloved son George Littlejohn aforenamed to be the Executor of this my Will, to whom I do give and bequeath all the Remainder
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of my, Estate of what nature and kind soever, and whersoever Lying and beeing. And forasmuch as my said son hath his abode in England, and therefore cannot take care either of my funeral or Estate, I do therefore Request, Authorize and Impower my Loving friends M' Daniel Smith of Charlestown, Gunsmith, and Mrs Katherine Gutteridge of Boston, Widow, to be Overseers, and to take order for my funeral, and to take into their hands all my Estate in Newengland, and after funeral Charges, with other Nec- essary incident Expences, their own Legacies, and the Legacy of ten pounds abovegiven to Elizabeth Hunkin are deducted and Reserved, the Remainder to Remit home to my said son George Littlejohn in England, by the best and safest Way and means ; to which end I do hereby Impower my said Overseers to Convert my said Estate into such speties as may, with the most advantage, be Returnable home. And I do give unto them my said overseers Six pounds between them. In witnes wherof I have hereunto set my hand and Seal, the day and Yeare first abovewritten./
Signed, Sealed & published by the mark of
the abovenamed Richord Snell, Richard X Snell [seal]
to be her Last Will & Testamt in p'sence of us./
Edward Brattle John ffoster : Lawr Hammond
I George Snell late husband of the abovenamed Testator Rich- ord Snell decd do allow and approve of the above written Will made by my sd wife, it being done with my free consent and knowl- edge And I request the same may be admitted to a Probate, and the persons therein nominated for the Execution thereof may be fully impowred and Authorized thereunto. Witness my hand this 20th of April. 1695.
Geo: Snell
[Proved April 23, 1695.]
[Suffolk County, Mass., Probate Files.]
·
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ROBERT BURNHAM 1691 DURHAM
The Last will & Testament of Robert Burnam
I give & bequeath to my son Samuell Burnam a #cell of Land wch Lyeth at Lampereele River which is above Two hundred Acres be it more or Less as it is granted & bounded, & with him to his heires of his body Lawfully begotten yt shall live to age or mar- riage, & in falure of such to ye Rest of my children and their heires : to have & to hold to him & them for Ever: also all the appurtenances & #viledges belonging thareunto : Also I give my said son all my Carpenter Tools which I have at chebacco.
I give & bequeath to my son Jeremiah Burnam a peice of marsh Lying at ye place Called pitmans poynt at Oyster River as it is bounded & to his heires to have & to hold to him & them for Ever : also I give him all the Stock yt doth belong unto ye Liveing at Oyster River where he dwels : & all my Carpenter Tools there & all my utensels of husbandry upon the Consideration & Condition yt he pay all my Just debts & funerall charges, & afford sufficient mentainance to his mother my wife Francis Burnam as long as she lives, & his or his heires executo's or Administo's failure in not affording sufficient mentainance for her I give her full power to Sell Alienate & Convey soe much of sd Estate bequeathed to him for yt End
Also I give & bequeath unto sd Jeremiah all my debts due unto me from any son or sons by bill bond or otherwayse
Further I will & freely give to my wife Francis Burnam full power for to dispose of all my moveable goods yt are mine, or in my house at Oyster River as she shall see meet : & other things at Ipswich bedding & houshould stuff & moveable estate.
[Witnessses : ] Lt. Thomas Burnum, sr. Francis Burnam James Burnam John Newmarch, jr.
[This was a nuncupative will, made by the testator the night before he died, his death occurring June 12, 1691. It was proved
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Sept. 29, 1691. No executor was named in the will; and the testator's widow, Frances Burnham, was appointed administratrix Sept. 29, 1691. The sureties on her official bond were Lt. Thomas Burnham, James Burnham and Jeremiah Burnham. ]
[Essex County, Mass., Probate Files.]
[Inventory, March 28, 1691/2, by Jacob Foster and Nathaniel Knowlton. Amount, £121. 7.6.]
[Essex County, Mass., Probate Files.]
JAMES NUTE JR. 1691 DOVER
[Inventory of the estate of James Nute, Jr., Dover, Oct. 24, 1691 ; amount, £278.17.4; taken by John Tuttle, John Knight, and John Pinkham ; attested before John Hinckes by Mary Nute, widow and administratrix, July 22, 1693.
" How the Estate is to be Devided
" Imp" That James Nute the Eldest Sonn to have two thirds of all the house and Land and one Cow two stears of three years old-when comes to age
" 2ly The 3 other Children to hav an equal Share of all the Moveables
" The Widdow to have the Childrens Estate till bound out to prentice and untill she Marrieth again which if in Case the wid- dow marrye then the Estate to be secured into the hands of ye Sureties for the good of the Children if she should marry before the Children Come of age, yet not soe to hinder or prevent the Executrix of her thirds."]
[Administration granted to the widow, Mary Nute, July 22, 1693, and John Knight and Samuel Heard, both of Dover, rec- ognize as sureties in the sum of £570.7.4; signed by John Hinckes.]
[James Nute, aged about thirteen years, son of James Nute of Dover, husbandman, deceased, makes choice of John Leighton of Dover, husbandman, as his guardian, Dec. 16, 1699.]
[Probate Records, vol. 3, p. 173.]
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[Guardianship of Samuel Nute, aged about eighteen years, son of James Nute, granted to Jethro Furber, son of William Furber, deceased, Jan. 6, .1707/8.]
SAMUEL SHERBURNE 1691
[Administration on the estate of Capt. Samuel Sherburne was granted to his widow, Love Sherburne, Oct. 28, 1691, who pre- sented an inventory and gave bond in the sum of £100, with Mark Hunking and John Pickering as sureties. ]
[Court Records, Oct. 28, 1691, in Deeds, vol. 5, p. 78.]
JOHN SHERBURNE 1691 PORTSMOUTH .
In ye name of god Amen ; John Sherbourn Sen' of Portsmouth in ye Province of Newhamshire Yeoman, *
And as for ye temporall estate that god hath been pleased to Spare me I order & bequeath as followeth, To my loving wife Elizabeth Sherbourn I bequeath ye one half of what Son Henry Sherbourn is bound to pay to me during life, to be paid to her during her natural life in matter, form & Species as is expressed in a deed from Sd son Henry Sherbourn. To my son John Sher- bourn I Will & bequeath all Debts dues & demands whatsoever now due or at any time hereaft' to be due by bill bond or other way what Soever from my Cuzen Samuel Sherbourn deceased of Hampton ; As also my share of a parcel of land being between my Self M' Moodey, Philip, Lewis and others belonging to Greenland. As also my Share in a parcel of Land lying and being on long point near goodman ffurburs between me, John Pickerin and others. as Also three fat hogs that are fatting at my Son Henry Sherbourns. As also a Cow and heifer three years Old next Spring; A mare; three ews which are with my Son Henry Sherbourn, a bushel of wheat lent Thomas Lewis, his father promised to pay it; And one thousand of boards from Joatham Lewis, a bushel & half of barly due from m' Howell
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now in Barbados. As also my two Steers about four years old. My cupboard also standing in yor house. Also my Chest & Cloak and all my writings & wt is in it except my daught" Mary hath any thing there, Iron Andirons; and all other things whatsoever not disposed of before these ; And farther out of my S" estate I ord' my Son John Sherbourn to pay to daught" Elizabeth or deliver her my Iron pot & skillet and my Cupboard formerly father Tucks, ye half of ye Pewter excepting one dish to my daughter John Sherbourns wife, and a feather bed aft" my wifes decease ; And to my daught" Mary Sherbourn an Iron pot & a Kittle a brass Skillet and ye half of ye pewter except a pewter dish to my Daught" aforesd as also a feath' bed & bedding ; and a Cow. To Abraham Bartlet a Mare Colt, And do order and appoint my Son John Sherbourn to be executor to this my last Will and testa- ment As witness my hand and Seal this twelfth of november one thousand Six hundred & ninety one-
memorandum interlined before Signing these words [barly] and [my wife] as also to be noted yt my wife shall have ye east end of my house during life-
John X Sherbourn [seal] his mark in p'sence of us.
Signd Seald & delivered.
Richard Jackson
Thomas Jackson John Barsham
[Proved Nov. 29, 1693.]
[Summons, Oct. 11, 1700, to John Sherburne to appear in the matter of the will of his father, John Sherburne, " who Dyed within this Province about Nine years agoe." He appeared and renounced the executorship. ]
[John Sherburne renounces executorship Oct. 12, 1700, and desires that administration be granted to Major William Vaughan, principal creditor.] ,
[Probate Records, vol. 4, p. 228.] .
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[Administration granted to Major William Vaughan of Ports- mouth April 22, 1701.]
[Probate Records, vol. 4, p. 229.]
[Summons, May 1, 1701, to John Sherburne and Henry Sher- burne to appear and " give an Acct of what you Know relateing to yor ffathers Estate"; signed by William Partridge.] S
JOHN BREWSTER 1691 PORTSMOUTH
I John Brewster of the Town of Portsmº in the Province of New- hampshr, Yeoman ; being ancient and infirm of body *
2do I give and bequeath unto my beloved Wife mary all my Farm wherin I now live; To say; housing, land, gardens, Or- chards &c with all the priviledges and appurtenances thereunto belonging during her Naturall life Together with all my move- able Estate ; consisting Either in Cattle, houshold goods of any Sort, money, debts, or any thing else whatsoever to her own free use and proper disposall Excepting what is hereafter Excepted, which I give unto my beloved Children viz Sarah Elizabeth martha mary Jane Rachel; I do give unto each of them the Equal value of five pounds apiece, and to my beloved Son I give the value of ten pounds ; I also give unto my beloved Son John Brewster that End of the house wherin he now lives, togeather with what other Accomedations he now Enjoys belonging thereto moreover all that land that is before my door, to say the road way field comonly so called, Swamp, and Orchard (comonly called ye Orchard on the Swamp side) as long as he lives, and if my said Son outlives his mother, and demeans himself in all duty and Obe- dience towards her my Will is, that ye whole farm shall be to him during his natural life, and after his decease I give it to my grandson John Brewster with two Cows and a calf a sword a gun and a drum and a halbert and a pike, I Will also that my whole farm be intaild upon my said grand son John Brewster and his heirs. &c.
3tio I make my beloved Wife Sole Executrix to this my last Will and Testam' and I request and appoint my good freinds
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Sam" Penhallow and John Dennett to bee my Overseers, whom I beseech to bee carefull in advising, and doing what in them may about the concers of my Wife and children, and for the maintaiing and promoting of love between them Moreover, if any misun- derstanding or Contest be occasioned among my Wife and Chil- dren about the right interpretation of my Will, or any matter relating to any of their concerns herin ; my Will is that the party or parties concernd shall choose each of them a man to joine with the Overseers, for ye decision of any Such Controversie, and what they, or ye maj' part of them shall determine I Will, shall bee the finall issue of any such matter.
The managem' of my buriall I leave to the discretion of my be- loved Wife and Overseers obliging her to see to the paying of all my just debts and defraying my funeral charges out of my Estate.
In Testimony to all and Singular the p'mises (on this, and the other side) I sett to my hand, and affix my Seale this Sixteenth day of Decbr, in ye year of our Lord, 1691.
Signed, Sealed, and declared his
in ye p'sence of us as Witnesses Sam" Penhallow John Tucker Thomas Harvey
John Brewster X [seal] mark
WILLIAM HORNE 1691/2 DOVER
[Inventory of the estate of William Horne of Dover, Feb. 27, 1691/2 ; amount, £189.8.0 ; signed by Samuel Heard and Thomas Downes ; attested by Elizabeth Horne, the widow, July 15, 1699.]
[Probate Records, vol. 3, p. 157.]
John Horne Moved to Administer upon The Estate of his father Wm Horn decd but the widdow & Relict of the Said decd being liveing and Since Married with
It is Ordered by the Judge that the Register Cite the Said . to shew Cause why letters of Administration should not be Granted
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to the Said John Horn upon his Motion, the Said . have- ing Neglected to Administer upon the Same this
[Probate Minutes, April 4, 1708.]
JOHN WAKEHAM 1691/2
[Administration on the estate of John Wakeham granted to his widow, Martha Wakeham, March 15, 1691/2, who presented an inventory. ]
[Court Records, March 15, 1691/2, in Deeds, vol. 5, p. 80.]
WILLIAM SWAINE 1692 HAMPTON
[Inventory of the estate of William Swaine of Hampton ; taken by Daniel Tilton and Joseph Swett April 9, 1692; amount, £279.7.6.]
[Ante-nuptial contract, June 12, 1694, between Joseph Emmons of Hampton, cordwainer, and Mary Swaine of Hampton, widow, whereby Emmons agrees to care for her children, disclaiming any title to their inheritances from their father, William Swaine, but having the use of their property until they are of age ; signed by Joseph Emmons and witnesses, Nathaniel Weare and Jacob Green.]
[Petition of William Swaine for a division of the estate of his father, William Swaine, June 18, 1702 ; citation granted.]
[Citation, July 1, 1702, to Joseph Emmons and Mary Emmons, his wife, to show cause for not having settled the estate of William Swaine. ]
[Power of attorney, William Swaine of Hampton to Dr. Hum- phrey Bradstreet of Newbury, Mass., July 3, 1702 ; witnesses, George Peirce and Robert Pike.]
[Order of court, July 6, 1702, that Joseph Emmons and Mary Emmons, his wife, appear again July 13 with an account of the estate.]
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[Account of Mary Emmons against the estate, July 22, 1702; amount, £149.11.3. Mentions Mary Swaine, oldest child, William Swaine, oldest son, Mehitabel Swaine, John Swaine, Caleb Swaine, and Sarah Swaine. This is a rough draft.]
[Account of Mary Emmons against the estate of William Swaine, July 22, 1702 ; amount, £32.17.3 ; widow's third, £82.4.9. " there being Six Children ; to witt Mary Swaine Wm Swaine Mahitabell Swaine John Swaine Caleb Swaine & Sarah Swaine ; the Said Sume of 16411 : 98 : 6ª. is divided into Seaven parts the eldest Sonn haveing two shares each share Amº to 2311 : 10' The widdow haveing maintained and brought upp three of the Chil- dren for two years and three Months to witt John Swaine, Caleb Swaine and Sarah Swaine It is thought meet to Order that the Said widdow have Satisfacc'on in Reason made her out of the shares and proportions due to the Said three Children for such their Maintenance and bringing up when they come to full age/"]
[Order, July 27, 1702, that Capt. Henry Dow and Lieut. Joseph Swett have a commission to settle the estate. ]
Wee Whose Names are here unto subscribed being Appointed to make An Equall Devition of the Estate of William Swaine of Hampton late Deceased as it is mentioned in the Inventory here unto Annexed We have this 31 day of July 1702 veiwed the mash ground that we did not well know and according to our best scill and Judgment and Considering How things are Cercumstanced as Concerning the moveables and how it have bin owned to us that thay are not many of them now in being We think it very unReasonable that any of the Children should be ordred to take ther portions Where thay are never like to Have any thing Ther- fore We are Humbly of the opinion that it is A Just and Equall thing that the Children Have there Portions alloted to them as ffolowith : the land and mash to be devided according to propor- tion to Every one be the grant more or less as it is layd out
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To William Swaine the grant of land att new plantation so called
To a trackt of land by Salisbury line prized att . To five acres of the mash att 611 + acre part of the 9 acres .
.
02-00-00
15-00-00
30-00-00
47-00-00
To Mary and Mehetable Swaine to be Equally Devided be- tween them two : as foll
The Seaven acres of land more or less by John Stanyens prized
To foure acres of mash part of the nine acres att 611 8 acre
To two acres of mash want twentie shilling worth att 5" an acres lieng by Gougis Wigwam Com'only so called
14-00-00 ·
24-00-00 .
09-00-00 ·
47-00-00
To John Caleb and Sarah Swaine to be Equally Devided among them three when thay Com'e of age
The House and Homesteed be the same more or less prized att
· 42-10-00
The shear of the Cow Com'on prized att
02-00-06 ·
The grant of land att north devition prized att . . 02-10-00
To fower acres and a half of mash and twentie shillings Worth part of the sixe acres on south side fals River att 511 & acre
The Widows thirds
fower acres more or less medow att town over mill Brooke Com'only so called prized att
.
20-00-00
II-00-00 ·
6-10-00
44-14-9 82 4 9
23-10-00 70-10-00
To two acres and twentie shillings worth mash by Gougis Wigwam prized 51 + acre .
To one acres & half Want twentie shillings worth prized 511 # acrer liing on south side the ffals River out of the moveabls as thay are prized
11 S d
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This is that Which we have Considered about the s" Estate and according to our Best scill and Judgment we can think of no other way of making a more Equall Devition.
Dated att Hampton this 31 July 1702
By us Henry Dow Joseph Swett
I Wm Partridge Esq' L' Govern' of the Province of New Hamp- shire doe allow and Approve off the within mentioned Division (Excepting as foll that is to Say where it is said House & Home- stead prized at 4211 108 shall be divided between John Caleb and Sarah Swaine) I Order the said House and Homestead to be to Joseph Emmins & his wife for the bringing upp the said John Caleb and Sarah ; they giveing first securitye to the Court of probate of wills to pay seaven pounds a peice to the said John & Caleb when they come to the Age of twenty one years, and the Said Sarah when she attaines to the age of Eighteen years. Given Under my hand the ffourteenth day of August Anno Domini 1702
/Wm Partridge
Cha: Story Secretary
[Warrant, July 29, 1703, from William Partridge to Capt. Henry Dow to lay out certain portions of the estate. ]
[Warrant, July 29, 1703, authorizing Capt. Henry Dow of Hamp- ton to lay out to William Swaine, Mary Swaine, and Mehitabel Swaine their portions of nine acres of marsh. ]
21 Augt 1703
According to the within written Commission I have laid out to Wm Swaine his part of the Nine Acres of Marsh that was his fath- ers, his part being the Southerly Side being about ten Rodd three Quarters & one foot wide at each end/
And I have laid out to Mary and Mehitable Swaine their part of the Said Nine Acres, it being the Northerly Side and is at each end about Eight Rodd, one halfe and two foot wide/
24
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I have made a Just and Equal division Allowing to each of them there due proportion as I could or would have done If I had been to have part of it my Selfe.
By me Henry Dow
[Probate Records, vol. 4, p. 47.]
EDWARD COWELL 1692
[Administration on the estate of Edward Cowell was granted to Nathaniel Ayers, in behalf of his wife, Amy Ayers, sister of Ed- ward Cowell, June 8, 1692. He gave bond in the sum of £150.] [Court Records, June 8, 1692, in Deeds, vol. 5, p. So.]
THOMAS LEAVITT 1692 HAMPTON
In the name of God Amen the ninth Day of July in the Year of our Lord god 1692 I Thomas Levet in the Town of Hampton in ye province off New Hampshirew England Yeoaman
Item I give my goods I give and bequeath as followeth. To my loveing wife I give and bequeath the thirds of all my Lands meaddows Marshes and houseing Convenient dureing her life time and then to Retourne to my Sons Aretas and John Levett : to my wife I give and bequeath two Cows two Swine three Sheep my brass and puter the thirds of all my Corne at her owne Dis- posing the rest of my Estate I give and bequeath as followeth-
Item To my Son Hezron, Levet one Hundred ackers of land at the new plantation as it is granted to me and twenty pounds fformerly given to him and ffive Shillings in merchantable pay after my Decease-
Item To Hezrons Son Thomas Levet tenn pounds to be paid to him at the adge of one and Twenty years of adge, in Merchant- abell pay by my Sons Aretas and John Levet :
Item All the Rest of my houseing : Lands Meaddows marshes ;
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Shares of Commons out lands what soever I give and bequeath to my two Sons Aretas and John Levet Equally : John Levet to Devid and Aretas to make his Choice after my decease-
Item All in Aretas house and my ff'ether bed and ffurneture, one paire off betell rings and halfe the wedges and half the Cross Cut Saw and half the tooles about Husbandre, with his house that he now lives in, I give and bequeath unto Aretas Levet-
Item The other halfe of the tooles above mentioned I give to my Son Levet with all his Carpenters tooles and his house and ground where it now Standeth ; and to my son John Levet I give & bequeath a new ffether bed and ffurniture thereunto belong- ing ;
Item To my son James Levet I give and bequeath tenn pounds-
Item To my three Dafters, Isabella Towle, Jemina Knowles Kezia Tucker Each off them ffive shillings a peic ;
Further My Will is that my wife shall have her comfortable houseing ffor her selfe and her Cattell. The rest of my Cattell to be Equaly devided as abovesaid Excepting my wifes two Cowes two Swine three Sheep, My Leageses to be payed three years after my decease, in merchtble pay Except Tobacco-
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