USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 1 1635-1717 > Part 36
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Wm Vaughan
Portsmº in New-Hampshire 15th Julie 1701
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NEW HAMPSHIRE WILLS
Province of On Tuesday the 15th of July 1701 3 a Clock New Hampsh S in the. afternoon : at the dwelling House of WVm Partridge Esq"
m' Sam" penhallow and m' Sam" Keais appeared according to appointm' in order to the probate of m's Bridgett Graffords Will as alsoe Major Wm Vaughan appeared in Order to make defence agt proveing of the Same; the will was read And then Major Vaughan putt in a petic'on with reasons why said will should not be proved and requested that the wittnesses to Said will might be asked Sever" Questions as is menc'oned in Said peticon/
m" John Wade being asked who requested him to make mn" Graffords will./
Answered she her Selfe desired him to make it/
being likewise asked who moved first to him about the makeing mrs Grafford's will
Answered m' Kais asked him whether he was willing to make mrs Graffords will; after haveing had some discourse with Said Wade. And that Said Keais went upp to mrs Graffords Chamber with Said Wade ; and told m' Grafford that m' Wade was willing to make her will ; upon which mrs Grafford made a Bow to Said Wade and Gave him thanks. And in takeing the Minuitts of her Will was directed by Said mrs Grafford out of her owne Mouth. and by noe body else
m' John Wade being asked whether m' Keais proposed any thing to m's Grafford dureing the time of makeing her will./
Answered ; that he did desire m's Grafford to Leave him out of the will as being Exec' and proposed to her to putt in her Brother Major Wm Vaughan as one of the Exec's accordingly at that time after Some Little considerac'on she Ordered Sª Wade to sett it Down soe ; But to the Best of Said Wades remembrance before he had wrote any Article of the will after Said Proposeall Said In's Grafford told Said Wade she could not be Satisfied till m' Vaughans Name was putt out as Exec' and Said Keais Name putt in, (all this being in the time of takeing the Minuitts of the will. )
And ffarther Said Wade Sayth that he heard Said Keais make
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some reasonable proposealls to advance mrs Bridgett Vaughans Portion over & above some of the rest./ to m' Grafford
m' John Wade being further Asked, whether he could Appre- hend Said mrs Grafford to be of a Sound Disposeing Minde and Memory at the makeing of the will and that he could Rightly Und'stand what she said to him./
Answered that altho it was with much Difficultye yett he per- fectly Understood her Meaneing in Reference to every Article in her Will./
Being likewise asked who Said m' Grafford Ordered Or Named as a Legatee in the Minuitts of the Will, ffirst :
Answered that he cannott #fectly remember it haveing not the Minuitts ; but believes it Might be M' Keais./
m' John Wade being likewise asked if he Rightly Understood mrs Grafford in the Giveing mrs Bridgett Vaughan a Legacye of Twenty Pounds, provided she Renounced a Legacye formerly Given her by Capt Daniells Will./
Answered that he Rightly Understood her to the Giveing that Legacye & wording it accordingly./
m' Obediah Moss being asked how he came to be Wittnesse to mrs Graffords Will.
Answered that M' Keais came to him and desired him to goe to mrs Grafford which accordingly he went; and then Mrs Grafford . Signed her Will and he sett his Name as a Wittnesse thereto.
m' Splann Lovell being asked the Same Question :
Answered m' Keais desired him to Stay at mrs Graffords Some Little time and was then afterwards called up to the Chamber after a Little while m's Br: Grafford Signed her Will and he Sett his Name as a Wittnesse who desired him to take Notice that it was her Last will and Testamt. And that he plainely Understood her Soe to Speak/
after haveing Considered upon the Questions & Answers his Hon' was pleased to prove the Will
m' Pickering Moved for an Appeale but the L' Gov' hath Or- dered till ys day Seavennight at 10: of the Clock to Consider of it/
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Tuesday 22ª July 1701 /
m' Sam" Penhallow and m' Keais appeared at the House of Ww Partridge Esq' L' Gov' in Order Know the Opinion of his Hon' whither he would Allow an Appeale as aforemenc'oned or would Grant a probate of m's Graffords Will to pass under his hand and Seale Ordered a probate to pass &c.
C: S: Secretary
[Caveat, July 22, 1701, by William Vaughan against the pro- bating of the will. ]
[Account of Samuel Penhallow and Samuel Keais as execu- tors ; approved July 11, 1703.]
[Inventory of the personal property, and division among Mar- garet Vaughan, Mary King, Mrs. Bridget Vaughan, Mrs. Eliza- beth Vaughan, Mrs. Abigail Vaughan, and Mrs. Mary Penhallow ; amount, £392.14.3 ; attested July 11, 1703.]
[Account of Samuel Penhallow as executor, Sept. 4, 1705; attested Sept. 4, 1705.]
[Additional inventory, real estate, Feb. 3, 1707/8; amount, £980.0.0; signed by Job Alcock and John Pickering ; attested Feb. 2, 1707/8.]
[Petition of Samuel Penhallow, Samuel Keais, and John Pick- ering, March 31, 1708, for the appointment of disinterested par- ties to divide the real estate ; allowed March 31, 1708, and Mark Hunking, Thomas Phipps, John Dennett, Theodore Atkinson, Thomas Packer, and Samuel Alcock appointed. ].
[Commission to the above appointees, April 1, 1708.]
Province of 2 . Whereas the Honourable Joseph Smith New Hampshire S Esq' Judge of Probate of Wills, and grant- ing letters of Administration, within her Majesties province of New Hampshire in New England, did by Commission Under his
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hand and the Seale of the Office of probates, dated the first day of April instant, Authorize and appointe us the Subscribers here- unto, to make a Just Right and Equal Division, of all the Houses Land and Real Estate ; Given by the last Will and Testament of Mrs Bridgett Graffort deceased, Unto her Cosins John Daniel, Bridgett Vaughan ; Margaret Vaughan, Abigal Vaughan. and Elizabeth Vaughan, as nigh as possible among them in equal pro- portion according to the best of our Skils and Knowledge without ffavour to any person and to make Returne of Such Division &c: as by the Said Commission Reference being thereunto had will more at large appeare./
Pursueant to which Commission above Recited, wee the Sub- scribers Mark Hunkin, Thomas Phipps, John Dennett, Theodore Atkinson, Thomas Packer, and Samuel Alcock; haveing taken upon us, to make a Just Right and Equal Division of the above- said Houses, Lands and Estate among the Legatees, and haveing well Considered of the Same without ffavour or Affection to any person, Have Unanimously Agreed to the best of our Skils and Knowledge to lay out to every Legatee their Equal proportion in Value of the Said Estate as nigh as possible ; And wee make our Returne as followeth, viz/
Imprimis. Wee have Divided the Lands and Houses into. Seaventy Eight Lotts, and for the Benefitt and Advantage of the Legatees, and for the more Convenient comeing to the Said Lotts, have made Streets through the Same, as are plainely Sett forth in a Mapp hereunto Annexed; in which Mapp, wee have alsoe Named each Street, and Sett down the breadth thereof ; And have incerted the first Letter of each Legatees Name in the Said Mapp or platt within the Several Lotts belong to them Viz where the Letter D: is Sett in any Lott Such Lott belongs to the abovesaid John Daniel, with all Houses and buildings thereupon and Soe consequently : N: G: to Nathaniel Gerrish who Married Bridgett Vaughan a Legattee ; M: to mrs Margaret Vaughan aforesd A: to Abigal Vaughan a Legatee, and: E: to Elizabeth Vaughan another Legatee; which is for the more plainer distinguishing
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Each Legatees perticuler Lott. And there being two Lotts Valued at fforty pounds, which were to be divided among Bridgett Vaughan Margaret Vaughan, Abigal Vaughan and Elizabeth Vaughan, wee See cause that the Said Nathaniel Gerrish have and Enjoy the Said two Lotts he paying to the Said Margaret Vaughan ; Abigal Vaughan and Elizabeth Vaughan tenn pounds a peice each within Seaven years from the day of the date hereof.
Item Wee alsoe Divided a Pasture lying Neare the Creek into five Lotts with the Numbers and Names of the Legatees in the Said Lotts, A Mapp of which is likewise hereunto Annexed. All which wee have done impartially and ready to make oath of the Same- Given Under our hands at portsmouth the thirtyeth day of April Anno R Regina Anna nune Anglia &c: Septimo Annoq Domini 1708.
M Hunking Thoms Phipps John Dennet Theodore Atkinson Tho: Packer Sam" Allcock
[Allowed May 4, 1708.]
V JOHN HATCH 1701 PORTSMOUTH/
[Administration on the estate of John Hatch/of Portsmouth, mariner, granted to his widow, Sarah Hatch, May 2, 1701.]
[Probate Records, vol. 4, p. 231.]
[Bond of Sarah Hatch of Portsmouth, widow, with William Vaughan and Jacob Lavers, cordwainer, both of Portsmouth, as sureties, May 2, 1701, in the sum of £500, for the administration of the estate ; witnesses, Patience Elkins and Charles Story. ]
[Inventory, July 29, 1701 ; amount, £296.16.8; liabilities, £31.5 0 : signed by George Jaffrey and John Dennett. ]
31
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EPHRAIM TRICKEY 1701 DOVER
Province of 3 to ye honrabl William Partridge Esq' Judg Newhampshire S of probat of wills & granting of Adminestra- tions in this province-
may it ples youer honer for as much as Efram treckey of bloody poynt dyed Intestated : & no adminestration hether to granted to his Estat as we know of: my selff haveing prentice the Eldest son & heir to sª intested Estat : pray Cauetion may be entered that Iff Any person Espeshally will: wittum shold pray for admines- tration to sd Estat : that I may in behalf of sd heir together with Izak trickey on onkle to ye Sd heir may have Libert to shew Reson why it ought not to be granted unto sd wittum & that all persons conserned may have timly notes & Liberty Likwis : which is the humbl request of youer most humbl & obedant subscribers
dated sep 1: 170I
John Pickerin Izack X treckey his mark
[William Wittum and Mary Wittum, his wife, formerly widow of Ephraim Trickey, renounce administration on the estate Sept. 22, 1701.]
[Administration on the estate of Ephraim Trickey of Dover, yeoman, granted to John Pickering, gentleman, and Isaac Trickey of Dover, yeoman, Sept. 24, 1701, the widow, Mary Wittum, now wife of William Wittum of Dover, yeoman, having renounced administration. ]
[Probate Records, vol. 4, p. 242.]
[Bond of John Pickering of Portsmouth, gentleman, and Isaac Trickey of Dover, yeoman, with Richard Wibird of Portsmouth, mariner, and Benjamin Bickford of Dover, yeoman, as sureties, Sept. 24, 1701, in the sum of £40, for the administration of the estate ; witnesses, John Edgerly and Charles Story.]
[Inventory, April 26, 1702 ; amount, £14.12.0 ; signed by Nich- olas Harrison and Benjamin Bickford.]
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HENRY MOULTON 1701 HAMPTON
Artikells of Agremt made and Concluded Uppon this Thurtenth Daye of September in ye yere of our Lord Seventene Hundred and one and in ye thurtene yere of his Majts Reigne Kinge William the Thurd over England &ca betwene us hoose Names are here Unto Subscribed vizt Jnº Molton, Josiah Molton Jonathan Molton, & Abygall Lecock are as ffolloeth- That whareas our Honrd ffather Henry Molton Late Deasesed in Hampton in the province of New Hampshirend Died Intestate with out Declareing his Mind in writeinge, allthough he Did Declare what his Mind was fformerly in ye time of his helth as to make- inge of a Divityon of his Estate Amoungst us his Children. Now to p'vent Anny Contentyon yt May Afterward Arise betwene Anny of us, wee have So nere as wee can Remember was our Said fathers mind and will in his Life time Made this ffolloing Divi- tyon of his Estate as a ffinall Settlemt thereof vizt
Ist That Jnº Moulton Shall have to him and his Heires for Ever ye Dwelling House, barne and Houses and House Loat beinge ffoure Acres More or Lese, wth ye treeies thereon growinge, ye ffresh meddo at ye Beetch beinge Ten Acres More or Lese as it is and allso yt parte of ye Loat in ye Este feld yt was som time Will- iam flifelds and Lyeth next Sam11 Dows Loat all yt was ye Said ffifelds, as allso one Share in the grete ox Comon, Comonly So Called Mash grownd Thatch Ground and upland as allso one Share of ye Cow Comon wth ye Right of North Divityon and Share of Marsh belonginge to one share and allso ye one halfe of ye Grant of Land at Bride hill, and allso one oxe and Jnº to be at Three- quarters of ye Charge of Maintaineinge of our Mother Comfort- ably, and Honorably Duringe her Naturall Life
2dly Agreid yt Josiah Moulton Shall have besids what hee have had of his ffather allredy the one halfe of the Grant of Land at Bride Hill and a steere goinge of ffoure yere Ould and a Haifer goinge of Three yere ould and a this yeres Calfe that is Now at Pasture at his owne House
3ªly Agreid That Jonathan Molton Shall Have all the Land in
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the Este ffeld be the Same More or Lese as it is that is Not All Redy Disposed of to John, and to Josiah Molton formerly by our ffather, As allso the Acre of ffresh Meddow wth the upland Adjoyn- inge be the Same More or Lese as it is, As allso all the Mash in the place Comonly Called ye Springe Mash, all in that place more or Lese yt is not given to Josiah by a Deid of Gift, and one Share of the Cow Com'on wth ye Right of north Divityon and Share of Meddow belonginge and a grant of Land at North hill be the Same More or lese as it is, to him and his Heires for Ever As Allso ffower neat Cattell, And Jonathan to be at one quarter of the Charge of Mainetaineinge of our Mother Comfortably & Honerably Duringe her Naturall Life
41y Agred that Abygall Lecock Shall Have two Cowes and to have prevelidge and the Benefitt of Livinge in the House for her Comfertable Livelyhood So longe as Shee her selfe Shall plese to Live there but no Longer and for the trewth of all above writ- ten wee Doe Bind our Selves our Heires Executors and Admin- istrators ffirmly by these p'sents eatch to the other as witnes our hands and Seales the Daye and yere ffirst Above written
Witnes :
John Molton [sele ]
The Marke of
Josiah Molton [sele ]
Hannah X Dow
Jonathan Molton [sele]
Jabes Dow [Deeds, vol. 6, p. 295.]
Abygall Leacok [sele ]
JOSEPH ELWELL 1701 NEWCASTLE
[Administration on the estate of Joseph Elwell of Newcastle granted to his widow, Margaret Elwell, Sept. 15, 1701.]
[Probate Records, vol. 4, p. 24[.]
[Bond of Margaret Elwell of Newcastle, with Joseph Elwell of Newcastle, fisherman, and Francis Tucker of Newcastle, mer- chant, as sureties, Sept. 15, 1701, in the sum of £50, for the ad- ministration of the estate of her husband, Joseph Elwell of New- castle, fisherman ; witnesses, Richard Joce and Charles Story. ]
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WILLIAM MARSTON 1701 HAMPTON
In the Name of God Amen
I William Marston of Hampton in the Province of New Hamp- shere in new England being aged and Weake of Body
Ist My Will is that all my Just and Honist Debts and ffunerall Expencis be all payd
2ly I give and bequeath unto my welbeloved Son Samuel mars- ton My Dwelling House Barn and out Houses With all my lands hereafter mentioned ten acres where my Houses stand be the Same more or less and three acres more or less by Thomas Robeys and Seaventeen acres more or less lieng next to Samuel Dows in the north plaine Com'only so called and two shears in the north devi- tion be the same more or less and two shears of the Cow Com'ons of Hampton with all Rights therunto belonging and two small lotts of mash lately layd out in the littell River mash And sixe acres of upland adjoyning to Henry Moultens on North hill And Sixe acres more or less of meadow or mash ground adjoyning to ffrancis pages in the Spring mashes Com'only so called and five acres more or less of Salt mash lieng by Benjamin Moultens between the landing place River and the fals River com'only so called and fower acres more or less lieng by John Cliffords Corn- feild as also two shears in the great oxe Com'on Com'only so alled both upland mash ground and thatch ground beloning to two shears in sd Com'on I also give unto my son Samuel Mars- ton all my Cattell of all Sorts Whatso Ever and Wherso Ever any of them bee I also give unto the sayd Samuel Marston all my moveabls Both within dors and Without and all my Tools and implyments of Husbandrey not other ways disposed of in this my last Will and Teastiment
I give and bequeath unto Ann my welbeloved Wiffe the use of the west End of my Dwelling House So long as she Remaine a Widow or live in the House but if she Remove out of the House and lett the Sayd House to my son then my sayd son Samuel shall pay Hir one Hundred pound of meat and two bushells of Corn and two bushells of Mault A yeare And my sayd wife shall make
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use of one Iron pott and a Scillitt and one Cow And my son Sam- uell Marston Sixe load of wood a yeare shall bring Home to the House for Hir and Cause it to be Cutt fitt for hir fire
I Give and bequeath unto my Welbeloved Daughter Rebecka smith now the wife of John smith twelve pound in pay but if my son pay in mony then it is to be but Eight pound to be payd by my Executour as hereafter Mentioned
I give and bequeath unto my Welbeloved Daughter Hannah ffogg the wife of Samuell ffogg the sum of twelve pound to be payd by my Executoure but if he pay it in mony then but Eight pound but if in pay then twelve to be payd as folowith if it be payd in pay then fower pound to Rebecka Smith the first yeare after my decease and fower pound to Hannah ffogg the Second yeare after my decease and fower pound to Rebecka Smith the third yeare after my decease and fower pound to Hannah ffogg the forth yeare after my decease and fower pound to Rebecka smith the fift yeare after my decease and fower pound to Hannah ffogg the sixt. yeare after my deceas And so after the same Mannor if it be payd in mony according to proportion
I give and bequeath unto my Welbeloved Daughter Maria pres- cott now the Wife of James Prescott the one Half of my ffortie. acre lott lieng at Bride Hill Com'only so Called
I give and bequeath unto my Welbeloved grandchild Josiah Moulten the other half of my ffortie acre lott att Bride hill as. above
I give unto my grand child William marston one gun and one puter platter and to my grand child Samuel Marston one puter platter And What so Ever land or Estate that I Have that is not disposed of in this my Will and Teastiment other Ways I doe give it unto my son Samuell Marston
And I doe make Constitute and Appoint my Welbeloved son Samuell Marston to be my Soale Executor to this my last Will. and Teastiment and for the Confermation of this my last Will and Teastiment I the before Mentioned William Marston have hereunto put my Hand and affixt my seale this nineteen day of november
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487
in the yeare of our lord Seaventeen Hundred and one And in the thirteen yeare of the Reigne of our Soveraigne Lord William the third by the grace of God King of England Scotland france and Ireland defender of ye ffaith &c
Witnes
The mark & seall of
William X Marston [seal]
James fog Christopher Page Simon marston
Henry Dow
[Proved March 7, 1703/4.]
[Inventory of the estate of Capt. William Marston, who died Jan. 22, 1703/4 ; taken Jan. 28, 1703/4 ; amount, £240.5.0 ; signed by John Moulton and Ephraim Marston.]
[Warrant, March 27, 1704, authorizing Lt. John Moulton and Ephraim Marston, both of Hampton, to appraise the estate. ]
THOMAS MORRIS 1701
December ye : 1 : 1701 :-
In the Name of god Amen
The Last will and testement of Thomas Morress-
I do give my soule to god that gave it: and my body to be decently buried In ye earth and after my funiral expences are dis- charged
I doe give unto my frinds James and william Durgen my house and land to be equilly devid betwen them
I do give unto debro merrow fifteen shillings mony
I do give to John footman one Cowe and my maire Colt -
I do give unto elisabeth pinder fifteen shillings mony
I do give to James durgen one Cowe and my maire- and one of my Calves and one pig
I do give to william durgen one Cowe and one of my pigs
I doe give to benjemen york my stear now Coming too yeare old-
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I do give to sarah pinder sener my Iron Cittle
I do give unto david davis one calfe
I do give unto John Crummall my Bool [bull]
I do give unto Abigial davis one Calfe
I do give unto James durgen and william durgen all ye Rest of my moveable estate to be aquilly to be devided betwen them
I do Apoint my friends Jame durgen and william durgen to be Joynt exeketers to this my last will and testiment
I do apoint my trusty friends frances matthewes and John Doe to be my overseers to this my Last will and testiment :
I the above sd Thomas morres do atest this to be my last will and testement and In wittnes hearof I have set to my hand and afixed my seal This first day of december : 1701-
sigined sealed and delivered Thomas morres
In Presenes of-
his X mark [seal]
John Pindar Sarah Pinder X her mark
Edward Polly [Proved June 5, 1710.]
RICHARD OTIS JR. 1701 DOVER
[Warrant, Dec. 15, 1701, authorizing John Gerrish and Capt. John Tuttle, both of Dover, to appraise the estate of Richard Otis, Jr., of Dover.]
[Inventory, Dec. 19, 1701; amount, £32.8.6; signed by John Gerrish and John Tuttle.]
[Notice by Susanna Otis, administratrix, Dec. 25, 1701, to the creditors to bring in their claims.]
[Administration on the estate granted to the widow, Susanna Otis, Jan. 1, 1701/2.]
[Settlement of the estate as insolvent, Dec. II, 1702, at nine shillings and five pence in the pound ; allowed Dec. 11, 1702.]
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[Petition of Susanna Otis, as. 00% . r the guardianship of her children, Richard Otis, Stephen C Nicholas Otis, Rebecca Otis, and Rose Otis.]
[Guardianship of Richard Otis, Stephen Otis, Nicholas Otis, Rebecca Otis, and Rose Otis, the five children of Richard Otis, granted to their mother, Susanna Otis, Jan. 2, 1704/5.]
[Probate Records, vol. 4, p. 60.]
[Various accounts, bills, etc., containing the signature of Nich- olas Haskins. ]
MOSES GILMAN 1701/2 EXETER
The last will and testament of Moses Gilman Sen' of Exeter in the province of Newhampshire in New England.
I Moses Gilman being of sound memory and understanding but ancient and infirm,
I. I give and bequeath unto my beloved son Moses Gilman, all that dwelling house, out houses and land, which he is now pos- sessed of adjoyning unto mine ; Also the one half of my meadow where my son John's mill now stands and the one third part of my two hundred acres of land lying by my fresh meadow im'ediately at my decease, Also I give him one peice of meadow lying oppo- site to Capt More's which I formerly bought of my brother Edward Gilman, also one third part of my fresh meadow after his mother's decease.
2. I give & bequeath unto my beloved son Jeremiah Gilman all that house, out houses, and land which lyes between that of Bray's & Welches which he is possessed of, together with a peice of meadow joyning to that of my brother Gilman's.
3. I give and bequeath unto my beloved son James Gilman the one half of all that land which lyes between Welches and Cornelius Laryes, also a peice of meadow about three acres lying between two peices of meadow which were my brother Wilson's; also I give him my flats in the great cove.
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4. I give unto my beloved son John Gilman all my right, title & interest in that land where his house and mill now stands, together with the land therunto adjoyning, And fifty acres of land lying in the grassie swamp ; also sixty acres lying on the other side of King's falls, and the one half of my meadow near where my son's mill stands.
5. I give unto my beloved son David Gilman the other half of that land lying between Welches and Cornelius Layres, viz, My will is that the whole tract of land between Welches & Cornelius's be equally devided between my two sons James and David as above-given, but David to have the meadow he mowed near to his brother James's ..
6 I give unto my beloved son Joshua Gilman the new house by the fort together with the one half of all the land joyning to my dwelling house lying next to Samuel Pipers to be in his pos- session at his mothers decease ; Also the one third part of my two hundred acres of land lying by my fresh meadow ; and the one third part of my sd fresh meadow after his mothers decease : Also I give him the one half of my lying between my house & Thomas Dudley's, and the one half of my flats lying on the other side of the river.
7. I give unto my beloved son Caleb Gilman my dwelling house and out housing which I now possess, together with the other half of my home lands, lying next to his brother Moses's ; which I will shall be wholly to his own proper use im'ediately after his mothers decease, but not before ; Also I give him the one third part of my fresh meadow, and the one third of my two hundred acres of land lying by it; after his mothers decease ; Also I give him the one half of all my flats lying between my house & Thomas Dudleys with the one half of my flats lying on the other side of the river.
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