Probate records of the Province of New Hampshire Vol. 1 1635-1717, Part 30

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I will allso that mine heire shall require nothing for the main- taineance of Lydia Jacobs my Dafter in Law [step-daughter] whom I have now kept so many years : always provided that the portion which her mother was to pay her be made good ; by her mother out of what was left in Ipswitch and her mothers husbands goods (which is mutch more than will doe without my estates being liabell to contribute towards it ought) which would be most Unreasonabell consideringe, how littell of her mothers Estate I had; and how I have maintained her ever since.


Item I give to my Deare and only son Sam11 Moodey all my Lands with that Littell house, I have at Portsmº, my orchard also to be to him and his heairs ffor ever, also my books and wright- ings (Except unto each of my daughters some books y' I have given in a small scheule in Cloased in my will) with some other things which paper I charge mine Heire to show to his sisters and give to each of them what I have there exprest and I Doubt not off his obediance there in)


I give also unto my sd son Samuel all my wearing cloathes both Linin and wollen with my bridell and Sadell and gunns and watch with my seale Ring and that Bed which I Usualley ly on with all the furniture belonging to it of whitch the great Rugg and one of the best quilts to be part, as allso what soever is due to me ffrom any person .-


Item Unto my beloved daughter Martha Russell I give the


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NEW HAMPSHIRE WILLS


Downe Bed Boulster and Pillows that were her mothers and twenty pounds in mony for the Improvemt of something given her when a child and If any thing remaine Due Either to her husband or son winslow of the hundred pounds a pece I promised them at Maryage it shall be paid as also the Twenty pounds above men- tioned to Martha which she shall have at her owne Dissposall out the remaind' of what mony I lent to Elieazer Russell deseased and is payabell by ye Heirs of my Brother Russell Deceased so far as it will goe ye rest by my Executor-


Item Farther. I will that all my hous hould of what kind soever (except What is before disposed off') be Equalley divided between My four children If my wife shall returne to Portsmº And be desir- ous or desposed there to live after me she shall have the sole use of my two acres of land with the Littell house and Orchard upon it aney thing to the contrary in the premises not with standing ; saveing that if she rent it out my Son shall have the refusall of it he paying the same rent as another will and this to be dureing her widdohood ; More over my son shall pay her five pounds yearely in mony for three years next after my Desease and when my wife cease to improve yt hundred pounds which she is to use Dureing her widdohood my Daughters shall have twenty pounds a pece of it or theire children if Either of them dey before, If my son Samu11 dey before marryage what I have given him shall be Equally divided amonge his sisters; if he marrie and die without Issue then the land house orchard Books and bed before mentioned shall goe to his sisters or theire children If any of them dey before him to be Equally divided between them.


Item, Moreover I give to my daughters Martha and Hanna tenn pounds apece to my daughter Sarah twenty pounds in mony pavabell within Eighten months after my decease I make this difference because my daughter Sarah needs more than the others,-


Finally I make my only son Samu" Moodey sole Executor of this my last will and Testament willing him to defray my ffunerall charges and pay my debts aud also legases also I Request my


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Good ffriends Capt Pen. Townsend M' Will" Thornton of Boston with M' Ricd Waldron and m' Samu" Keis of Portsm° with my deare and only Brother Caleb Moodey to be my over seeres and to give the best advice and help they may to those I leave behind in any thing to the premises refering ; I doe all so lay the solemn off a tender and deying ffather upon all my children that they love one another dearely and that there be noe diffrance between them ; about any thing that I shall leave them and in order to the preventing any differance, I advise them to meete as Soone as they may after my decease and discourse and share matters be- tween them while the remembrance off a dead Father is ffresh and warme upon theire Souls ; and if they cannot agree between themselves thro any missunderstanding of any clause in my will (which God forbid) I will that the major parte off the overseers determine the Controversie and they shall sitt Downe by it-


For the Confirmation off the premises on this and the other side I sett to my hand and seale this Eighteenth off September 1693.


Joshua Moodey [seal]


The testatour above mentioned did signe seale and deliver this Instrument to be his last will and Testament the day and yeare above wrighten in presents off us (one interlineing on each side being before sealing


John ffletcher Samu"l Keais George Jaffray


[Proved July 12, 1697.]


[Probate Records, vol. 2, p. 31.]


WILLIAM BUTTON 1693


[List of William Button's papers.


Inventory of the estate of William Button, Portsmouth, Oct. 26, 1693 ; amount, £1490.10.2 ; signed by Richard Martyn, Clement Lempriere, and Thomas Button.


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Account of his clothes and books; amount, £14.0.0; signed by William Partridge and John Chevalier, Nov. 17, 1693 ; attested by William Partridge and John Chevalier Nov. 22, 1693. ]


WILLIAM HAM 1693 PORTSMOUTH


I William Ham of the Town of Portsmº in the Province of New Hampsh' being very ill & weak in Bodie but of perfect and Sound Memory & understanding but not Knowing wt the Lord will do with me or how soon he may take me out of this world thought meet to sett my house in Order, as a Christian man ought to doe. I Therefore make Apoint this to be my last will & Testament in manner & forme followeing, viz I comitt my precious Soul into ye hands of God in Xt Jesus and my bodie to a decent burieing place in hopes of a Glorious Resurrection at the last day : my worldly Estate I dispose of as followeth


Ist I will & bequeath unto my well beloved wife Sarah my Houseing & Lands in the town of Portsmº aforesd and all the rest of my Estate both personall & real during her naturall life, upon Condic'on she Shall take all due care for the bringing up my Children according to the best of her ability :


2dly My Will is yt after ye deceas of my Sª wife, my Eldest Sonn Sam" Shall have present Posession of my Houseing & Lands : web sd House & Lands Shall be to him and his Heirs & assigns for Ever, upon Condic'on he shall pay unto my Other five Children, Vzt my Daughter Sarah, my Daughter Elizabeth my Daughter Mary my daughter Hannah & my Daughter Abigail Eight Pounds a peece in Currtt money of New Engld att the Age of Eighteen Years, and my House & land shall stand ingaged for paymt of the same; but if Pleas God my Sonn Sam" should Die tth of Isshue or before he comes of Age then the whole Estate to be Equally devided amongst the rest of my Children Surviveing and if it should pleas God that any of my five Daughters above named should die before they come of age, then her Porc'on shall be divided among the other Surviveing


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3ªly I will that if my wife should die before my Children be of Age y" ye Revennues of my whole Estate shall be Lay'd out for the bringing up of my children :


4thly I doe hereby apoint my well beloved wife to be my hole & Sole Executrix of this my last will and Testamt, and doe Request & Require my well beloved Friends Sam" Keise & John Cotton to be my Overseers to see to the true performance of this my Will & to asist my Wife in the managem' of the abovesd Premises : In Wittness of the above menc'oned : Perticulars I doe hereunto Set my hand & Seal this 28th Decemb' 1693 :


Wm Ham declared the above The mark of


Instrum' to be his last Will &


Wm X Ham [seal]


Testament before us underwrit- ten 1


Sam" Keise


John Dennett Richª Cater


[Proved Sept. 7, 1695.]


[Probate Records, vol. 2, p. 18.]


[Inventory, March 17, 1694/5; amount, £135.2.0; signed by John Dennett and John Downing.]


[Probate Records, vol. 3, p. 3.]


JOHN PAINE 1693/4 BOSTON MASS.


[Appraisal of land of John Paine in Exeter, " lying and being neer unto m' hilltons ould saw mille," Feb. 14, 1693/4 ; signed by Jonathan Thing, Kinsley Hall, and Robert Smart, Jr. This is land sold by Edward Hilton to William Paine. ]


[Appraisal of land in Dover, " bing & Leying at Toaline Granted by ye Town of Dover to Capt. Thomas Wigings & by ye said Wigings sould unto m' Jnº Paine of Boston Marchant," Feb. 21, 1693/4 ; signed by John Church, John Ham, and Robert Evans.]


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[Inventory of the estate of John Paine " som time of Boston "; amount, £II0.0.0; signed by Thomas Wiggin ;. attested by Thomas Wiggin March 19, 1693/4.]


JOHN KNOWLES 1693/4 HAMPTON


In the name of God Amen


I John knowls of Hampton in the province of New Hampsh in New England Senior being weak of Body by Reason of my age


Imprimis I give unto my two sons John knowls & simon knowls all my house lott without my orchard Excepting the land within the fort to be Equally devided betwen them Simon to devide and John to chouse which he will have' I give the land within ye fort to John wher his house stand & two thirds of my orchard And to John my ffresh meadow towards the beach and All my mash by Browns Rivers mouth but two acres and my grant of land att ye north devition and one sheare of the Cow Com'ons and half a sheare of the oxe com'on and half my barne & leantoes and half the yard before ye barne


I give unto Simon knowls two acres of my mash att browns Rivers mouth below the great Creek & my mash att the litell River and my Dwelling house and yard before & wher the well is . and half my Barne & yard before it and half a sheare of the great oxe com'on and one sheare of the Cow Com'ons and my grant of land att the new plantation and my will is that thay two my son John knowls & simon knowls to take speaciall care to mainetaine there mother my now wife Comfortably and Honorably dureing hir naturall life or to hir day of marriag and if them or Either of them ffaile my will is that she shall have the use of my House and land so much as will maintaine hir comfortably and honorably : and all my Catell and houshould goods I give to my wife for hir to dispose of among my children according to her descreation


I give to my Daughter Sarah ffive pounds to be payd to her by my son John within one yeare after my deceas in marchble pay as it pass ffrom man to man


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I give to my Daughter Hannah five pounds in marchb pay as it pass from man to man to be payd by my son Simon within two yeare after my deceas


And I doe make Constitute and Apoint my son John knowls to be my sole Exequetore to this my last will and Teastiment in Con- fermation here of I the above sayd John knowls Senior have here- unto put my hand and affixt my sealle this Sixetenth day of march in the yeare of our Lord sixeteen Hundred and ninetie three ninetie flower and in the Sixt yeare of the Reigne of our Soveraigne Lord & Lady William the third and May ye second by the grace of God king & Queen of England Scotland ffrance and Ireland defenders of the ffaith


two words in the 28 line dasht out before ye signeing and sealling therof 1


signed sealled & confermed John X knowls senior


in pressence of us :


his mark & Sealle [seal]


Samuel Dow


Simon Dow


Jabez Dow


Henry Dow


[Proved Dec. 31, 1705.]


TEMPERANCE BICKFORD 1694 (?)


[List of expenses on account of the estate of Temperance Bick- ford ; amount, £7.17.3 ; mentions " brother 'Smithe brother bur- name and brother Bickforde."]


[Probate Records, vol. 3, p. I.]


JOHN CLARK 1694 PORTSMOUTHI


[Inventory of the estate of John Clark, May IS, 1694 ; amount, £180.10.3 ; signed by Nathaniel Ayers and James Leavitt ; attested by Mary Clark, widow and administratrix, April 13, 1695.]


[Probate Records, vol. 3, p. 99.]


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[Administration on the estate of John Clark of Portsmouth granted to his widow, Mary Clark, April 13, 1695, she declining to act as executor as named in the will.]


[Probate Records, vol. 3, p. 79.]


[Bond of Mary Clark, with Edward Ayers and George Jaffrey as sureties, all of Portsmouth, in the sum of £360, April 13, 1695, for the administration of the estate ; witness, William Redford. ]


[Probate Records, vol. 3, p. 79.]


JOHN JOCE 1694 PORTSMOUTH


[Administration on the estate of Capt. John Joce of Portsmouth, gentleman, granted to his widow, Esther Joce, May 21, 1694.] [Probate Records, vol. 3, p. 69.]


[Guardianship of Ann Joce, aged fifteen, daughter of John Joce of Portsmouth, granted to Capt. Richard Gerrish of Portsmouth July 1, 1707. ]


. [Probate Records, vol. 4, p. 92.]


RICHARD TUCKER 1694 NEWCASTLE


In the name of God amen ; The ffiftenth Day of June 1694 I Richard Tucker being Bound on a Voyage to sea beeing in good health of Bodey; and good and perfect Memmorey (God bee praised) Doe Mak and ordaine this my Last Will and testament in Manour and fforme as followeth- Imprimus I Give Unto my onley Daughter Sarah Tucker My Dwelling house neare the Meeting house at Straburey Banck in the province of Newhamp- shire with all the Land and privelidges there Unto belonging to her and to her heirs ffor Ever


Item I Give Unto my Said Daughter Sarah Tucker My Dwel- ing house in Spruce Creek wth Twelve akers of Land there Unto belonging with all the privelidges there unto bee Longing to her and her heirs for Ever,-


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Item I Give Unto my Said Dafter Sarah Tucker my Dweling house on the Great Island in the Towne of New Castell in the province of Newhampshire with all the Land and privelidges there unto bee Longing to her and her heirs ffor Ever, provided my Brother William Broad Doeth not Retourne againe to new- england ; If he doeth then it is his house and Land


Item I Give unto my Said Daughter Sarah Tucker ; all my Goods Chatells and Estate Reall and personall ; all my Just Debts beeing paid And If it should So happen that my Said Dafter Sarah Tucker Should (Dey or Decease) without Isue, or heire ; then I Give all my houses Lands Goods and Chatells, Unto Richard Tucker the Sone of Lewis Tucker ; and Richard Tucker the Sone of William Tucker To be Equalley Devided beetweene them and theire heirs for Ever and if Either of them Shall hapen to Dey then he that Survives to have all the above mentioned Estate, and I Leave my Said Dafter Sarah Tucker my soale Executrex and my Loveing ffreinds John Clark and Francis Tucker over sears of this my Last Will and testament Gardians to my Said Dafter Sarah Tucker, and In Confirmation of this my Last Will I have hereunto Sett my hand and seale this 15th Day of June 1694


Signed sealed and Delivered Richeard toucker [ [seal] in presents of Us


John X Lewis his Mark


Luce X Stileman her Marke


Francis Tucker


[Proved April 2 and May 13, 1707.]


[Warrant, April 1, 1707, authorizing George Walton and John Holden, both of Newcastle, to appraise the estate of Richard Tucker of Newcastle, fisherman.]


[Inventory, April 2, 1707; amount, £52.3.9 ; signed by John Holden and George Walton.]


[Warrant, June 1, 1707, authorizing Capt. John Pickering and Charles Story, both of Portsmouth, to receive claims against the estate. ]


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-


[List of disbursements from the estate; amount, £7.16.6; al- lowed June 2, 1707.]


[Various accounts, etc., containing signatures of Job Alcock and George Jaffrey.]


STEPHEN JENKINS 1694 . DURHAM


[Administration on the estate of Stephen Jenkins of Oyster River, who was killed by the Indians, and left several small children, granted to his brother, Jabez Jenkins of Kittery, Me., July 26, 1694.]


[Probate Records, vol. 2, p. 15.]


[Inventory of the estate of Stephen Jenkins, July 18, 1694 ; real estate not valued ; signed by John Roberts and Thomas Roberts ; an additional inventory was made by Nathaniel Field and Silva- nus Nock Dec. 18, 1694.]


[Probate Records, vol. 3, p. 61.]


[Rough draft of a division of the estate, Oct. 22, 1695, which mentions the widow, Ann Jenkins, and brother, Jabez Jenkins ; contains signatures of James Emery, Joseph Smith, and Ann Jenkins. ]


[Probate Records, vol. 3, p. 63.]


[Various receipts, containing signatures of Benjamin Parker (who mentions his father Thomas Parker), Francis Tucker, and Stephen Willey.]


[Probate Records, vol. 3, p. 63.]


1


THOMAS DREW 1694 DURHAM


[Administration on the estate of Thomas Drew of Oyster River, who was killed by Indians and left no will, granted to his widow, Mary Drew, July 30, 1694. ]


[Probate Records, vol. 3, p. 57.]


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[Inventory, Aug. 26, 1694; amount, £125.9.10; signed by Nathaniel Follett and Samuel Penhallow.]


[Probate Records, vol. 3, pp. 53, 54.]


URSULA CUTT 1694 PORTSMOUTH


[Administration on the estate of Mrs. Ursula Cutt of Portsmouth granted to Samuel Cutt of Portsmouth Aug. 4, 1694.]


[Probate Records, vol. 2, p. 12.]


[Bond of Samuel Cutt, with Richard Waldron and Samuel Penhallow as sureties, all of Portsmouth, in the sum of £200, Aug. 4, 1694, for the administration of the estate. ]


[Probate Records, vol. 3, p. 41.]


[Inventory, Aug. 7, 1694; amount, £220.14.10; signed by Henry Penny and Richard Joce. ]


[Probate Records, vol. 3, pp. 33-38.]


THOMAS STEVENSON 1694 DURHAM


[Administration on the estate of Thomas Stevenson of Oyster River granted to his brother, Bartholomew Stevenson, Aug. 4, 1694.]


[Probate Records, vol. 2, p. 12.]


[Bond of Bartholomew Stevenson, with John Meader and Joseph Meader as sureties, all of Oyster River, in the sum of £100, Aug. 4, 1694, for the administration of the estate; witness, William Redford.]


[Probate Records, vol. 3, p. 45.]


[Inventory, Oct. 4, 1694, taken by John Meader and Joseph Meader; amount, £18.8.6.]


[Probate Records, vol. 3, p. 7.]


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[Additional inventory, March 1, 1694/5; amount, £26.17.0; signed by John Meader and Joseph Meader. ]


[Probate Records, vol. 3, p. 75.]


JOSEPH STEVENSON 1694 DURHAM


[Administration on the estate of Joseph Stevenson of Oyster River granted to his brother, Bartholomew Stevenson, Aug. 4, 1694.]


[Probate Records, vol. 2, p. 12.]


[Bond of Bartholomew Stevenson, with John Meader, Jr., and Joseph Meader as sureties, all of Oyster River, in the sum of £100, Aug. 4, 1694, for the administration of the estate ; witness, William Redford. ]


[Probate Records, vol. 3, p. 43.]


[Inventory, Oct. 4, 1694, taken by John Meader and Joseph Meader; amount, £66.15.6.]


[Probate Records, vol. 3, p. 7.]


[Additional inventory, March 1, 1694/5; amount, £44.15.0; signed by John Meader and Joseph Meader.]


[Probate Records, vol. 3, p. 75.]


THOMAS PAINE 1694 NEWCASTLE


In the Name of God amen. I Thomas Paine now inhabitant in New Castle on the Great Island In the Province of New Hamp- sheir In New England Trader being weak in Body But of Sound and perfect Memory do make this my Last Will and Testament


Imprimis I make and Ordaine my wife Elizabeth Paine my Sole Executrix of and in all my Estate Scituate or being in or on this place Called New Castle both Moveables and Immoveables and of all things within dores or without during her Naturall Life being ffor and towards her perticular support and Comfortable


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being and allso ffor the support and Education of my Son Thomas Paine and my ffower Daughters Namely Jane Elizabeth Catherine and Ann Paine-


Item I give and Bequeath unto my said Son Thomas Paine when he comes to Age all my Land and Estate Scituate and being' at Cachecha Barwick Sammon ffalls. To be possesd by him.


Item I give and Bequeath unto my abovesaid daugh" Jane Paine, Twenty pounds in Money when She is Come to Age to be paid out of my Estate by my Sayd Son Thomas Paine-


Item My will is That m' Robert Elliot and m' Richard Waldren Be my Overseer to See that this My last will be executed and per- formed hereby Revaking and disanulling all fformer wills Dated this twenty seaventh Day of October in the year of our Lord One Thousand Six hundred Ninety and fower. witness my hand and Seal


Signed Sealed and Delivered


Thomas Pain [seal]


in presence of


Robt Elliot


Nicho Heskins


[Proved Aug. 22, 1700.]


[Inventory, Jan. 17, 1700/1 ; amount, £311.14.7; signed by Francis Tucker and John Holden. ]


JOHN KNIGHT 1694 DOVER


John Bunker, Sarah Bunker, & Mary Hanson being at the house of John Knight of Dover upon the IIth day of Novemb' 1694 to vissitt him in his sickness-


he being weak of Bodie but of perfect memory and a Sound disposeing mind Calling his wife to him did Publish & declare his Last will & Testament in ord' to the settlement of his outwd Estate In manner & forme: Vz: Im': he did give and bequeath to Zack: Pittman £5 : to be payd this fall out of his Estate : 2ly he did give & bequeath ten' pounds apiece to his two prentices Vz


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Wm & Henry Hill five pounds apiece of it in money if thay faith- fully serve their time out wth their dame. 3dly he did give & be- queath to his Cozen Leah Nute five Pound : 4thly he did give and bequeath five pounds to the Meeting house in money to be disposed of by the Friends for the use and Benefitt of those that belong to them : 5thly ye Remainder of his Estate personall and Reall after his Debts payd And his funerall Charge Defrayd, he did give and bequeath to Leah his beloved wife and Sister Jone if his wife were willing & her Sister willing to Improve wth her to be joyntly managed by them together, and if any of his name should after apear that his Sister Should own to be akin to him, he should have the Lands after their decease, the Mooveables to be theires, and at their dispose for Ever : Lastly he did Constitute & appoint his beloved Wife Leah his Sole Executrix, in trust to see this his Will performed-


Testes


Sarah Bunker Mary Hanson John Bunker :


[Proved Dec. 3, 1694, and administration granted to his widow, Leah Knight, and his sister, Joan Knight. ]


[Probate Records, vol. 2, p. 15.]


Inventory, Dec. 19, 1694 ; amount, £486.5.0; taken by John Tuttle, Thomas Roberts, and Zacharias Field. ]


[Citation to the widow, Leah Knight, March 13, 1700/1, to ap- pear and answer a complaint of Joan Knight, sister of John Knight, that the estate is not divided according to the will. ]


[Agreement between Leah Knight and Joan Knight, April 21, 1702, appointing Charles Story and John Pickering referees to settle the estate ; witnesses, John Bampton, Samuel Tibbetts, and William Dam. ]


1


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Province of 3 Whear as : their is deverances betwen Leah Newhampshir S Knight Relect wedoe of John knight desced- & Joan knight All of Dover, relating to ye devition of Sa John knights Aforesd Estate, for ye finall Eshewing thereof, the Sª Leah knight and Joan knight did make choice of us Charls Story & John Pickerin both of portsmº, & bound themselves : each to ye other in ye full sum of one hundred pounds currant mony : too stand too Abid by & perform our Awards, as will at Larg Appere by bond under their hands & seals bareing dat yo 21' day of Aprill 1702 now for ye finall ending thereof-


be it known unto all persons whom it doth or may consern, that wee Charls Story & John Pickerin afore menshoned haveing heard what boath partys Could Alledge Against each other & well wayed All testemonys : & wrightens to us presented in sd Cas have & doe Award & determin as folloeth-


first that ye twenty acers of Land purchesed of major waldron by sd knight decesed, AJoying to the dweling house, halff an Acer only Excepted to Ly as comons : for boath partys Improveing ye houseing as herein Affter Exsprest All ye Rest of sd twenty acers to be & remain too ye only sole use benefit & behoff of her ye sd Leah knight her heirs Executors adminestrators & Assigns for ever this being ye first devition, & that part of ye orchard within ye sª Lands : too belong to her & her heirs : &c: for ever-


2dly. the Land from ye afore sd bounds, to say from A small whitoke tree by ye path on ye north sid ye great barn thence A Long the path westerly. to ye westward corner of ye fence as it now standeth, & thence on A sow sow west poynt through the Land to ye south Corner of ye first devition abovesd, thence on A straight Line through ye orchard, too ye first bound tree being A small whit oake as Allso All that feild planting or pastur Land Lying without ye bound afore sd : at ye sowwest Corner, thes too parsels of Land to be & remain (together with that part of ye orchard within su boundry :) to ye only sole use benifit & behoff of Joan knight her heirs Executors adminestrators & Assigns for ever-


3ªly the ten acers of Land on ye north side of ye way not being


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all clear ground, too be Improved Equally betwen boath partys : untell All sd ten Acers be cleared and fenced then too be Equally devided betwen them or their order, northerly & southerly : to say ' ye east end to belong too Leah knight, & ye west end unto sd Joan knight & their heirs for ever


41s as to all ye other Lands unfenced to be Equally devided the one to have the one halff: & ye other the other halff to them & their heirs for ever-




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