Probate records of the Province of New Hampshire Vol. 1 1635-1717, Part 38

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Also I give unto him all Debts Due unto me of one sort or other.


Also, I give unto my son Josiah, the use & Improvement of all my other marsh, & mowing ground, flatts, and the Rest of my Lott in Halls ffarm within fence, so long as my wife shall Remain a Widdo. Alwayes provided, that he doth perform what I have ordered him to do.


Sly I give unto my beloved Son Thomas, Emediately after my Deceas, about thirteen Acres of Land in Salisbury as it is alredy


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bounded Joyning to the Land given to my son Jeremiah, also my Peece of Land in the great Plain (so Called) if I have not occa- tion to sell that peece in my Life time. also I give unto him one Quarter of my share of Cow Com'on in Hampton. Also I give unto him after my Wifes Deceas, or Marriage my Ditch medow so Called, to him his heirs, & Assignes for Ever.


gly I give to my beloved son Samuel, at the age of twenty one years about fower acres of Land at the south End of my Lott in Halls farme which is not fenced, my grant of Land at the New Plantation, and one Quarter of my share of Cow Com'on in Hampton, also my Narrowest Loom, & one half of my tackling belonging to weaveing. And after my Wifes Deceas, or marriage, I give unto him the Rest of my Lott in Halls farm (Excepting fower Acres given to Josiah. ) and also my Peece of mowing ground on the North side of the Cross Beach which is already Divided to Me, to him, his heirs & Assignes for Ever.


Item, I give to my beloved Daughter Mary, the Bed shee useth to lay upon with all things therunto belonging ; also ten pounds in marchantable Pay at mony price, to be payd as followeth : forty shillings in the month of October that shall happen to be six com- pleat Kallender months after my Deceas : and so Annually in october forty shillings a year untill the ten pounds be payd. this to be payd by my son Josiah.


Itt: I give to my Beloved Daughter Han'ah ffowler, twelve pounds in marchantable pay at mony price, to be payd as follow- eth : fower pounds in the month of October, that shall happen to be six Compleat Kallender months after my Deceas, and so fower pounds in the month october yearly untill the twelve pounds be payd. this twelve pounds to be payd by my Son Henery.


Item, I give to my Beloved Daughter Charity, twelve Pounds in Marchantable pay at mony price, to be payd as followeth : forty Shillings in the month october, that shall happen to be six Kal- lender months after my Deceas, and so forty shillings every year in the month october untill the twelve pounds be payd. this twelve pounds to be payd by my Son Josiah. Also it is to be un-


.


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derstood that if it be not six Kallander months from the time of my Deceas, to the next following october, then the first payment to Every one of my Daughters is to be the next october following. and no horse Kind to be payd to any of my Daughters without their Consent.


Itt: After my wifes Deceas or marriage, I give unto my sons, Henery, Jeremiah, Thomas, & Samuel the other half of my part of the flats at the Beach that is not yet Divided, (between my sons Joseph & John and my self.) to them their heirs & Assignes for Ever.


It: My Will and Desire is, that my son Samuel should Live with my son Josiah, untill such time as he is twenty one years of Age, my son Josiah finding him Convenient Meat, Drink, Cloathes, washing & Lodging, and Teaching him the trade of Weaveing to the utmost of his Abillity, Also to be helpfull to him in his Wrighting & Arithmatick. And for my grandchild Philip that now liveth with me I leave to his ffather, & my son Josiah to agree Concerning him.


Lastly I Do Constitute, & Appoint my son Josiah, my sole Ex- ecutor to this my will, & Testament, written with my own hand. And for the further Confirmation therof I have hereunto sett my hand, & Seal, this twenty & ninth day of the first month in the year of our Lord, one Thousand seven hundred & three


Signed, & Sealed in the


Joseph Dow [seal]


presence of us as Witnesses


Jonathan Philbrick John ffrench william Brown Joseph mecres [Proved April 19, 1703.]


[Inventory of the estate of Joseph Dow, who died April 4, 1703 ; amount, £369.12.0; signed by Benjamin Brown and Moses Swett.]


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JOSHUA FRYER 1703 NEWCASTLE


In the name of God Amen. I Joshua ffryer of Great Island otherwise called the Town of Newcastle in the province of New Hampshire in New England Master and Marriner


Item I give and bequeath Unto my deare & well beloved wife Abigall ffryer (Except what is hereafter bequeathed) All my Estate both Reall and personall (that is to Say) all Houses Out Houses wharfes Lands Tenements and Appurtenances thereunto belonging As alsoe all my Goods Chattells & Debts whatsoever ; wheresoever they or any of them are Standing being remaineing or to be found ; or which may at any time hereafter become due or oweing Unto me. And I doe hereby Nominate And ap- pointe my Said wife Abigall ffryer my Sole Executrix of this my Last Will and Testament-


Item I doe Nominate and appointe Theodore Attkinson of New- castle aforesaid Esq' and Charles Story of the Town of Ports- mouth in Said Province Gentleman to be my true and trusty ffreinds ; as Assistants to my Said wife to see and take faithfull Care that this my will be duely proved and performed according to Law. And for the Care and trouble that my Said ffreinds Theodore Attkinson and Charles Story may have about the prem- isses, I give and bequeath Unto Each of them Severally the Sume five pounds Currant Mony of New England. In Wittnesse whereof I have hereunto Sett my hand and Seale the Nineteenth day of Aprill In the first yeare of the Reigne of our Soveraigne Lady Queen Anne that Now is over England &c, Annoq Domini 1703


Signed Sealed Published and


Joshua ffryer [seal]


Declared In the p'sence of Elizebeth harvey


Wm Kelly John Chivallir [Proved March 7, 1703/4.]


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WILLIAM WEYMOUTH 1703 STAR ISLAND


[Richard Currier and his wife, Elizabeth Currier, renounce administration on the estate of his brother-in-law, William Wey- mouth, April 22, 1703.


James Weymouth consents that his father-in-law, Thomas Di- mond, shall administer on the estate of his brother, William Weymouth, April 27, 1703.]


[Inventory of the estate of William Weymouth, who died March 31, 1703; amount, £76.7.0; signed by John Frost and Richard Gummer. ]


[Inventory of the estate of William Weymouth of the Isles of Shoals, April 27, 1703 ; amount, £108.10.4 ; signed by Theodore Atkinson and Francis Tucker. Endorsed " Not perfected there- for not Recorded."]


[Administration on the estate of William Weymouth of Star Island, cooper, granted to Thomas Dimond of Star Island, fisher- man, and his wife, Mary Dimond, April 28, 1703.]


[Probate Records, vol. 4, p. 263.]


.[Bond of Thomas Dimond of the Isles of Shoals, fisherman, and Mary Dimond, his wife, with George Jaffrey and John Knight, both of Portsmouth, gentlemen, as sureties, April 28, 1703, in the sum of £500, for the administration of the estate. ]


[James Weymouth of Newcastle and his wife, Catherine Wey- mouth, and Richard Currier of the Isles of Shoals and his wife, Elizabeth Currier, release all claim to the estate June 23, 1703, to Capt. Thomas Dimond, administrator of the estate. ]


[Probate Records, vol. 4, p. 117.]


ROBERT SMART 1703 EXETER


[Inventory of the estate of Robert Smart of Exeter, July 1, 1703 ; amount, £333.17.0; signed by Isaac Cole and Andrew Wiggin.]


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[Rebecca Smart renounces administration on the estate of her husband Dec. 11, 1703, and asks that Robert Smart, her step-son, be appointed ; witnesses, Richard Hilton and Josiah Hilton. ]


[Administration on the estate of Robert Smart of Exeter granted to his son, Robert Smart, Dec. 13, 1703, the widow, Rebecca Smart, having renounced administration.]


[Probate Records, vol. 4, p. 271.]


[Bond of Robert Smart of Exeter, yeoman, with Winthrop Hil- ton, gentleman, and Jonathan Hilton, yeoman, both of Exeter, as sureties, Dec. 13, 1703, in the sum of £300, for the administration of the estate ; witnesses, Matthew Nelson and Charles Story. ]


JOHN BOULTER 1703 HAMPTON


[Inventory of the estate of John Boulter of Hampton, Oct. 2, 1703 ; amount, £156.17.0; liabilities, £25.0.0; signed by John Smith, Abrahain Drake, and John Garland ; attested by John Gar- land and Abraham Drake, April 27, 1704.]


[Administration on the estate of John Boulter of Hampton granted to Bryan Door and his wife, Martha Door, formerly widow of the deceased, Dec. 14, 1703.]


[Probate Records, vol. 4, p. 270.]


[Warrant, Dec. 14, 1703, authorizing Abraham Drake and John Garland, both of Hampton, to appraise the estate. ]


[Bond of Bryan Door of Hampton, yeoman, with Richard Door of Portsmouth, yeoman, and Edward Cate of Portsmouth, house-carpenter, as sureties, Dec. 14, 1703, in the sum of £300, , for the administration of the estate ; witnesses, Charles Story and Hannah Almary.]


[Warrant, May 1, 1704, authorizing Ephraim Marston, John Leavitt, and Samuel Chapman, Jr., all of Hampton, to receive claims against the estate.]


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[Report of claims against the estate, Oct. 31, 1704 ; signed by Samuel Chapman, Jr., and Ephraim Marston.]


[Petition of Bryan Door and Martha Door, his wife, adminis- trators, Jan. 12, 1705/6, for license to sell some of the real estate.]


[Account of the distribution of the personal property, Jan. 22, 1705/6 ; mentions children.]


RICHARD ROWE 1703 DOVER


[Susanna Rowe, " being weak and Antient," renounces admin- istration on the estate of her husband, Richard Rowe, and requests the appointment of her son, Thomas Rowe; witnesses, Nathaniel Hill and John Nutter. ]


[Administration on the estate of Richard Rowe of Dover granted to his son, Thomas Rowe, Dec. 6, 1703.]


[Probate Records, vol. 4, p. 268.]


[Bond of Thomas Rowe of Portsmouth, yeoman, with John Brewster of Portsmouth and Nathaniel Hill of Dover, yeomen, as sureties, Dec. 6, 1703, in the sum of £200, for the administration of the estate ; witnesses, Thomas Webster and Charles Story. ]


[Warrant, Dec. 12, 1703, authorizing Nathaniel Hill and John Nutter. both of Dover, to appraise the estate. ]


[Inventory, Jan. 10, 1703/4; amount, £81.18.0; signed by Nathaniel Hill and John Nutter. ]


[Warrant, Feb. 1, 1703/4, authorizing Nathaniel Hill and John Nutter to receive claims against the estate. ]


[List of claims ; amount, £37.9.1; signed by Nathaniel Hill and John Nutter. ]


[Citation, May 2, 1704, to Edward Rowe, John Dam, Jr., and


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his wife, Jane Dam, to appear and make agreement for the set- tlement of the estate. ]


Province of To the Honourable Joseph Smith Esq' New Hampshire $ Judge of probate of wills and Granting Let- ters of Administration within said province.


Whereas Thomas Row is Adm' to the Estate of Richard Row late of Dover his father decd and Edward Row and Jane the wife of John Damm being brother and Sister to the Said Thomas Row Adm' as aforesaid ; haveing a Right to Some part of Said Estate after all Debts ffuneral Expences and other Charges are paid. wee whose Names are hereunto Subscribed Have Unanimously con- sented & Agreed to the Settling or Distribution of said Estate as followeth (And pray yo' Honour to Confirme the Same and Order the Divideing or Distributeing the same by such persons as you shall see meet. )


Imprimis It is mutually Agreed that the ffuneral Charges and Administrators Disbursements be first paid out of said Estate


Item that the Said Thomas Row have then the one halfe of all the Houses Lands Messuages Cottages Barns Orchards Gardens and other Real Estate that belonged to his father Rich'd Row decd and one third part of all his personal Estate as Goods. Chattells &c: and he to pay the one halfe of all such Debts as are oweing to any person from said Estate.


Item that Edward Row ; and John Damm ; (on the behalfe and for the proper share of his wife Jane) have the other halfe of the decds Real Estate and two thirds of the personal ; after such ffuneral Charges and Adm's Disbursem's are first paid. And that the said Edward Row and John Damm enter into a bond of two hundred pounds with Sufficient Securitye to the Judge of the probate &c: to pay one halfe of all the Debts that shall be made to appeare to be due to any person from Said Estate as alsoe if any other Sonn or daughter of the said decd shall afterwards appeare and Claime yr proportion to said Estate that then Such proportion as the Law Allows him or her shall be paid the one halfe by the said Tho: Row and the other by the said Jnº Damm and Edward Row


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&c: In witnesse whereof wee have hereunto sett our hands and Seales the sixth day of June 1704


wittnesse francis Mathes


Thomas X Rows mark


Edward X Rows mark


Cha: Story Regrius


John Dam Jane X Damm


[Allowed June 6, 1704, and Capt. John Woodman of Oyster River and Capt. John Tuttle of Dover were appointed commis- sioners to divide the estate. ]


[Bond of Edward Rowe and John Dam, with William Furber of Dover, yeoman, as surety. June 6, 1704, in the sum of £200, for the fulfilling of the agreement ; witnesses, Francis Mathes and Charles Story. ]


[Appointment of John Lowe as commissioner, Nov. 21, 1704, in place of Capt. John Woodman, who declines to serve. ]


New hampsh


Persuant to the Power and Authority granted Us by the Hon- ourable Joseph Smith Esq' Judg of Probats of Wills and granting Administration &c-


According to our best skill and Judgment wee the subscribers have made a devetion of the Estate of Richard Roe Late of dover deceased where of Tho: Roe is Administrator, as followeth that is to say


ffirst we doe order and determin that the dwelling house with the same bredth of Land at the East End there of to the high way going to m' Nutters as allso ten foots bredth on the south side of sª house be Joyntly Improved by the Partners accordin to their Proportions so Long as the house shall stand in sd place and after the house is downe the Land to be Eaqually devided to the other devitions of Land-


2 we doe order and determin that the high way going a Cross the Land at the East End of the dwelling house shall be the de- videing Line between the two dividants of Land and doe allot


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fower Rods in bredth and Eight Rods in Length with the orchard there on standing on the north side of the house to belong to the dividant on the East side of sd high way- we do further order that Tho: Roe shall have five Acres of that Tenn acres granted to his father and to be Laid out on that side of sd Land that is next Adjateant to his owne Land


3ly as to ye Personall Estate it is agreed Upon by and betwen Thomas Roe the administrator to sd Estate and Jnº dam and Edwd Roe the other Parties Concearned that the sd administrator shall Pay to Each of them seven Pounds a Pees as theire full Right and Just Proportion out of the moveable Part of sd Estate as pr his bills given Under his hand and seall Referance being had itt may appear


May ye 23ª 1705 Jnº Tuttle sen' Jnº Low


[Various accounts, notes, bills, etc., containing signatures of Edward Toogood, Richard Rowe, Richard Martyn, William Vaughan, Nathaniel Hill, John Nutter, John Nelson, John Wood- man, Joseph Hull, and Dodavah Hull. ]


PHILIP ODIORNE 1703 ISLES OF SHOALS


[Administration on the estate of Philip Odiorne of the Isles of Shoals granted to his son, Nathaniel Odiorne of the Isles of Shoals, Dec. 11, 1703.]


[Probate Records, vol. 4, p. 269.]


[Bond of Nathaniel Odiorne of the Isles of Shoals, with George Jaffrey and Mark Hunking, mariner, both of Portsmouth, as sure- ties, Dec. 11, 1703, in the sum of £200, for the administration of the estate ; witnesses, George Jaffrey, Jr., and Charles Story. ]


[Inventory, March 6, 1703/4; amount, £64.16.6; signed by George Snell, Thomas Wakeham, Richard Leaver, and John Frost.]


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ANDREW WIGGIN 1703/4 EXETER


The last Will and Testament of Andrew Wiggin Sen' of Quam- scut of Exeter, in the province of Newhampshire.


I Andrew Wiggin of Quamscut in the province of Newhamp- shire in New England, being in years, & infirm as to bodily health, and waiting for my change,


I. I give and bequeath unto my beloved Son Simon Wiggins all my far neck, viz, all the upland and the marsh on each side of the mill creek, except what I hereafter, particularly dispose of, and all my land on the south-west side of the mill brook up as far as the southern hills, viz as far as, to butt agaist Andrews head line, he paying to his sister Sarah More thirty pounds in money or in goods at mony price within three years after my decease.


2. I give unto my beloved Son Andrew Wiggin my land be- gin'ing at the upper end of Exeter feild, at a little swamp there, and to run along by forty acres of land, which I otherwise dispose of, which forty acres layes on the south-west side of the wolfe trap brook, butting against the little brook that comes out of the south- ern hills ponds and so to run by sd little brook, & to run upon the west side of the pond, and at the end of that side of the pond, to run south east to the edge of a swamp and south west to the mill brook, reserving to my heirs as much land as may be convenient for laying of logs, & transporting of timber to & from my saw mill as long as she is improved, And I give him also twenty rods of marsh and flats lying by his new mill to make staging and half an acre of upland laying between the marsh & Sagamores hill, & a tract of marsh lying on the south east side of the far creek, from the head of sd creek down to a little turn, of the same where there is a little branch goes out into a parcel of bulrushes, from thence on a south east line to the upland and a small tract of marsh lying by the creek near Exeter feild, and the randevoo marsh, & the marsh near the cornfeild, (except what is herafter otherwise given) he defraying a quarter part of the charge in maintaining the causeway and bridge, that goes into the old feild ; and paying to his sister Sarah More twenty pounds, in mony or merchantable


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corn, cattle or boards as money within three years after my de- cease.


3. I give unto my two sons Simon & Andrew equally between them the whole priviledge of the mill creek & brook, excepting what belongs to my saw mill which stands on sd brook, they pay- ing their mother forty shillings & annum during her natural life if she desires it.


4. I give unto my beloved Son Bradstreet Wiggin all that tract of land laying between the land I formerly gave him, and a little run that comes out of a swamp and runs into the new bridge brook, the land laying on the north-west side of the southern hills ; and all the land between Thomas Reeds line & Elias Chritchets line, and the southern hills up to a little swamp run'ing into the cedar swamp; I also give him all the marsh on the east side of the home pasture & feild called the middle marsh, reserving liberty for a convenient causway, through the marsh ; and three acres of marsh near the key on the north west side of the creek and all the flats against it, in the creek, & a point of marsh between my sons mill and the far ware, and I also give him half the bulring marsh from the key down-ward, he paying to his sister Dorothy Gilman twenty pounds in mony or merchantable pay as mony within three years after my decease.


5. I give unto my beloved Son Jonathan Wiggin my dwelling house, barn and out houses and the upland laying along up to the new bridge creek & the pasture, & all the land laying from a little swamp, or low valley, of land at the head of Exeter feild to the randevoo, and all the land that is between a little brook that comes from the southern hills pond & the wolf trap brook & to run up to the southern hills pond, by the hill, on the north west side of the hill, to a little run that goes into sd wolf trap brook, to meet with the land I formerly gave unto my son Thomas, and my son Brad- streets land, reserving alwayes a convenient place for cattle to go to water at the pond ; Also I give him six acres of swamp, which shall be Darby's swamp & the branch coming into it, to make up six acres, & liberty to go through Andrews land with a cart to su


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swamp, I do also give him the marsh from the corn feild bridge on the west side of the creek, down to a point called sandy point, & so half way between sd point & the plumb point, & one half of the marsh from the key downward, called the bull ring marsh, & also the watering place marsh, and all the hay creek marsh on this side of the hay creek up to Bradstreets marsh, and all the flats laying upon the house creek ; I do also give to Jonathan my grist mill & the southern hills pond, and also the one halfe of all my cattle sheep and swine, he paying to his sister Mary Gilman fifty pounds with what she has already received & to his sister Dorothy Gilman thirty pounds, in money or merchantable boards, cattle or grain, at money price within the space of three years after my decease ; but if my son Jonathan die without heir of his body lawfully begotten, my will is that my Simon's eldest son shall have the grist mill, and that Bradstreets son Thomas shall have the southern hills pond ; and all the rest of the houses land & marsh that I have given him shall be to the use & benefit of his wife so long as she remains his widow, but if she marry again my will is that at her marriage, my son Andrews son Andrew shall possess & enjoy it he paying to Jonathan's wife fifty pounds, in marchant- able pay, within two years after she marry again, and if my son Andrew hath another son his name shall be Thomas & be bred a schollar. I also give unto Jonathan all the priviledge of the hay creek.


6. I do give unto my two sons Simon & Jonathan two hundred acres of land be it more or less, lying between the southern hills & the cedar swamp up towards Winnicut river.


7. I do give unto my daughter Abigal French one hundred and ten acres of land at the end of Elias Critchets land, to lay the same breadth of his land & to run up into the woods, untill the one hundred & ten acres be made up & compleated.


8. I do give unto my grandson Samuel Wentworth sixscore and ten acres of land laying at the end of M' Coles land, the same breadth of his land ;


9. I do give unto each of my three daughters, viz, Mary Gil-


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man, Dorothy Gilman & Sarah More fifty pounds apeice, to be paid as above-mentioned.


10. I do give unto my grandaughter Hannah Wiggin besides what I formerly gave her father Thomas Wiggin a two handle wrought cup.


II. My will is that where any of my Sons marsh lyeth against their brothers land that they shall have ten foot of upland joyning all round to their marsh for the convenient fencing of it, & that there shall be a competency of land at the randevoo, lay common for a landing for all my sons & their heirs for ever with conve- nient high wayes thither, for each of them from their above grant- ed lands, through each persons land, & that there shall be an high way from Leiut Samuel Leavits land by Simons house to run at the tail of my saw mill, and to the randevoo.


12. My will is that each of my sons viz. Simon, Andrew Brad- street & Jonathan shall have, possess and enjoy the timber that is on the land that I have given them as their proper own, giving to their mother liberty to cut what she hath occasion for firing or fencing on any part of sd land, and that my land undisposed of shall lay common among my sd sons each to have an equal share of the timber ; only my wife shall have liberty to cut what timber she hath occasion for on any part of sd land ; And after my wives decease if my sª four sons, do with the advice of some freinds agree to devide sd common land that then it shall be equally de- vided between them four, by persons chosen by themselves if they cannot agree among themselves.


13. My will is that the land & meadow which I have given to my sons as above be not in their possession or at their dispose untill my wives decease, (that is to say) what of it I do give to my wife to be, to her use during her natural life, my will is that my wife shall have my dwelling house next the way, and my grist mill, and my feild on the South side, & my feild on the north side of the way to the corn feild bridge, & one half of the great & little barn, & the improvment of the marsh from the corn feild bridge to the causeway & halfe the bullring marsh, and all the watering place


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marsh down as far as the creek that goes into my daughters Whipples marsh, and the corn feild bridge marsh on the feild side of the creek, along from the bridge to the middle of plumb point, & so over to the creek, and the marsh up at the far ware and at the bulrushes, and as much use of the pasture and garden as she hath occasion for, all which is to be to her proper use & improvment during her natural life; And further my will is that my wife shall have all the corn both english & Indyan that is growing on my land at my decease, and all the logs, boards, and planks, that shall. lay cut at my decease, And that my wife & my son Jonathan shall have the one half of my saw mill during her natural life, and that they do pay the one half of my debts, and that my sons, Simon, Andrew & Bradstreet shall have the other half of my saw mill equally among them and pay the other halfe of my debts ; and after my wives decease, my will is that, my saw mill be equally devided among my four sons, Simon, Andrew, Bradstreet & Jonathan to each of them a quarter part of sd mill, and the priviledge thereto belonging ; and my will is that my wife doth take of Sarah Indyan during her natural life, and if Sarah survive my wife that my Son Jonathan do take care of her.




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