USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 1 1635-1717 > Part 4
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long live. provided alsoe, & my further will minde & meaning is & I doe hereby devise & Appoint, that my said Grand Child John Tufton, shall alter his Sir Name, and shall name himself Mason, before he shall be Capable to enjoye ye said Mannors Lands & p'misses or any part thereof According to my bequest for that my true intent & meaning is that the said Lands shall not descend from the name of Mason but that my said Grand Child & his heirs shall Enjoy the same Land & p'misses in my Owne S' Name & not otherwise, Provided allso & my will & minde is, and I doe hereby devise & appoint that my sª Grand Child John Tufton or his heirs shall well & truly pay or Cause to be paid unto my Grand Child Mary Tufton his Sister out of ye Mannors Messuages Lands & Tenem" by me bequeathed unto him as aforesaid ye sume of five hundred pounds of Lawfull money of England for her better pre- ferm' & advancement in Marriage the same to be paid unto her or her Assigns within one year next after ye day of ye Marriage of the said Mary Tufton without fraud or Covin, provided alsoe & my further will Minde & meaning is & I doe hereby devise & appoint yt in Case my s" Grand Children John Tufton, Ann Tufton, Robt Tufton and Mary Tufton ; or any of them shall refuse or be unwilling to take & Accept of my sª Brother in Law John Wol- aston, or such person or persons as he shall appoint to be in his or their Guardians or Guardians after the decease of my wife, dure- ing their or any of their Minorities, or if in Case my said four Grand Children or any of them, their or any of their heirs Executrs Admr8 or Assignes or any of them shall at any time or times after my Decease by any wayes or means whatsoever sue vex molest trouble or prosecute my Execute or Administr8 for the sume of one Thousand pound of Lawfull money of England which was here- tofore deposited in my hands by Joseph Tufton their Father or for any part thereof y then & from thence forth in Either of those Cases ye Legacies & bequests by me given and bequeathed to such of my said four Grand Children & to his or their heirs as shall soe offend Contrary to the true meaning herein before declared shall be voyde & of none effect as if ye same had never
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been Expressed in this my Will And that then alsoe and in such Case I give devise and bequeath, all & Every the Messuages Lands Tenemts hereditam's Mony Goods & Chattells whatsoever before or hereafter in this my Will Given devised or bequeathed Unto Such of my Grand Children and their heirs, which shall soe disobey my true meaning herein before declared unto my Loving Cosin Doctor Robert Mason Chanceller of ye Diocesse of Winches- ter & his heirs and Assignes from hence forth for Ever.
Item I give devise & bequeath all and Singular my Messuages Lands Tenem's and hereditaments with their & Every of their App's lying & being within the Realme of England or elsewhere, not bequeathed by this my will unto my Loveing wife Ann Mason and her Assignes for and dureing the Tearm of her Naturall Life and after her Decease to my abovesaid Brother in Law John Wol- leston and his assignes for & dureing ye Joynt lives of my said Daughter Ann Tufton and her now husband upon trust & Confi- dence Nevertheless that the said John Wolleston & his Assignes shall pay and disburse the rents and profitts of the said p'misses and every part thereof for and towards the proper Maintenance and stay of Liveing of and for & ye said Ann my Daughter and noe otherwise. And in case my said Daughters now Husband shall dye and depart this Life in the life time of my said Daughter Ann Tufton, then and from thenceforth I Give devise & bequeath my sd last menc'oned Messuages Lands Tenements and heredita- ments Every part thereof unto my said Daughter Ann Tufton for & dureing ye Tearm of her naturall Life, and from & Imediatly after ye decease of my said Wife and Daughter and of the longest Liver of them then to my said Grand Children John Tufton Ann Tufton Rob' Tufton & Mary Tufton and to their heirs & Assignes for Ever and to none other use intent or purpose whatsoever under the provisoes & Conditions nevertheless herein before declared.
ffinally I doe hereby revoke Countermand and make voyde all former Wills Testaments Codocills Exec's Legacyes & bequests whatsoever by me at any time made Named given, Willed, or Appointed, before the makeing of this my will willing & mindeing
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that these presents Onely shall stand and be taken for my Last will & Testament and none other, saveing & reserveing unto my selfe nevertheless full power and Authority to make add or annext hereunto one or more Codicill or Codicills at my free will or pleasure any thing whatsoever before in this my Last will and Testament Expressed to the Contrary thereof in any wise Notwith- standing,
In Witness whereof I the said Capt John Mason the Testator, to this my present Last Will and Testament being written in fourteen sheets of paper with my Name Subscribed to Every sheet ; have sett my seale the six and Twentyeth day of November Anno. D'ni One Thousand six hundred Thirty five & in the Eleaventh Year of ye Reigne of our Soveraigne Lord Charles by ye Grace of God King of England, Scotland, ffrance, and Ireland, defender of the faith &c. And in Case my said Grand Children John Tufton & Robert Tufton shall both dye in ye Life time of my wife without Issue of their or either of their bodyes Lawfully begotten ; then I Give & bequeath all my Mannors Messuages Lands and Ten- nements by me given to my said two Grand Children or Either of them unto my wife dureing ye Tearm of her naturall Life and after her decease to my Daughter Ann Tufton dureing ye Terme of her Naturall Life ; and after both their deceases then to such person and persons as the same is mentioned to be given and bequeathed unto by this my will.
John Mason
Signed, Sealed, published & declared by the said Capt John Mason the Testator as his Last will & Testament on the day and year above written In ye presence of us whose Names are here underwritten
Tho : Noell Mathew Mason J fferrett NotTy
Probatum fuit Testamentum supra scriptum Apud London Coram ventbli viro Magistro Willo. Clarke legum Dre- surr ven-
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erabili viri D'ni Henrici Martin militi legum etiam Doctoris Curiæ prerogativæ Cant Magistri Custodis sive Comissarii legitime Con- stit vici'mo sc'do die Mensis Decembris Anno D'ni Millesimo sexcentessimo Tricesimo Quinto Juramento Annæ Mason relictis dicti defuncti et Executricis in hujusmodi testamento nominat Cui Comissa finit Administratio oium et singulorum bonorum Jurium et Creditorum d'i defuncti de bene et fidlt'r Administrando eadem ad s'ti Dei Evangelia Jurat.
Sadler 127 Q' Tho : welham Regris Depty
Tertio/Examinat'
Pro : New Hampsh
A True Copia from the Superiour Court files Compared the 21# March 1704/5
₱: Theodore Atkinson Cler : [Court Files, Allen vs. Waldron.]
The Doposition of Stephen Biles and Joseph Mason.
The said Biles aged about thirty five years and the said Mason about fifty eight years both Testifieth and sayth that in March 1650 we were both at the house of mistriss Ann Mason in London the relict of Cap' John Mason Deceased and saw a branch of his will wherein he made his Said wife Ann Sole executrix and after that died it being his Last will and further these Deponants Saith not
Testified upon Oath before me
Jo Endecott Gov'
That what is above written is a true Copie Compared with its originall so signed & produced in the Gennerall Court of the Mas- sachusetts in new England by m' Joseph Mason may 1652
Attest™
Edward Rawson secret
[Council Book I, p. 37.]
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JOHN PHILLIPS 1641/2
[Inventory, March 20, 1641/2; amount, £17.0.2; taken by George Smith and John Dam. ]
[Court Records, July 5, 1643, in Deed, vol. I, p. 16.]
Hateevill Nutter & Edward Starbuck administrators apoynted by the Court the 28th of 5° Mo : 1642 to sell the goods of John Phillips deceased & to pay his debts & to returne the overplus if any bee
[Court Records, July 28, 1642, in Deeds, vol. I, p. 11.]
[Account of liabilities settled by the administrators ; amount, £17.4.4.]
[Court Records, July 5, 1643, in Deeds, vol. 1, p. 16.]
THOMAS WILSON 1642/3 EXETER
In the name of God Amen.
To all Christian people unto whom theise presents shall come greeting knowe ye that I Thomas wilson of Exeter being very sick & weake of body,
my loveing wife & deere children I com'end unto the grace of God & to the oversight & watchfull eye of my Christian brethren of the Churches of Roxbury Hampton & Exeter or where it shall please God to call them. . And for my worldly goods I do give & bequeath them in manner as followeth, viz : to my loveing wife I give & bequeath my dwelling house & new frame wth the millne & all lands & meddowes there unto belonging dureing the time of her widdowhood ; & the use of all my Cattle & moovable goods for the bringing up of my children ; & if in case she shall marry againe then to have her thirds thereof & to leave them to my sonne Humfrey ; or if she shall dye a widdow then it to come to my sonne Humfrey also : And I likewise give & bequeath unto
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my sonne Samuel, & to my sonne Joshua, & to my daughter deb- orah & my daughter Liddey, either of them ten pounds the peece to be paid at the age of 21 yeares or day of marriage, out of the mill house & lands, by my wife or sonne Humfrey in whose hands it shall then be. I do further give & bequeath unto my sonne Humfrey all my right & interest of house & land wch I bought of m' needam. And if it please the Lord to take away my wife be- fore my foure yonger children come to age or any of them, then my sonne Humfrey to provide for theire nurture & bringing up out of his owne dowry. I do further give & bequeath unto my two Sonnes Samuel & Joshua foure thousand of pipestaves to buy either of them a bullock. And in witnes of this my last will & testament, I have hereunto set my hand this 9° day of the IIº mo 1642.
witnesses :
A hand.
Edward Hilton John Smart John Legat John Richardson
Deposed in Court the 20th of the 7º 1.643.
Increase nowell
To all Christian people unto whom these presents shall come greeting,
Know yee that we whose names are here underwritten, being present by & witnesses unto the last will & testament of Thomas Willson of Exeter late deceased do to or best understanding & apprehension take this wch followeth to be the true intent & meane- ing of his last will & testament, Viz: Unto his eldest sonne Humphrey for the present he did give & bequeath all his right & interest of house & lands wch he bought of m' needham. Unto Samuel Joshua deborah & Lidde either of them ten pounds the peece to be paid at the age of 21 yeares or day of their marriage out of the house & lands & mill, by his wife or Sonne Humfrey in whose hands it shall then be, moreover, he did give & bequeath
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unto his sons Samuel & Joshua for the present either of them two thousand of pipestaves the peece to buy either of them a bullock, moreover unto his wife Anne he did give & bequeath his dwelling house new frame & mill wth all lands and meddowes thereunto belonging dureing the time of her widdowhood, & if in case she should marry againe then to have her thirds thereof & to leave the rest of them unto his Sonne Humphrey or if she shall dye a widdowe then they to come to Humphrey also & he to provide for the nurture & bringing up of the foure yonger children, ffurther- more he did give & bequeath unto his wife Anne to be his sole Executrix to receive & pay all debts & to have all his cattle & moveable goods for the bringing up of his foure yonger children & for the adding unto theire portions as shee should see meete.
dated the 18th day of the last month 1642.
Edward Hilton John Richardson John Legat
This explication was taken & allowed by the Court uppon the testimony of John Legat, & John Richardson, abovenamed & subscribed
Increase nowell
[Suffolk County, Mass., Probate Files. ]
JOHN WHITE
1646
[Order of Court, Aug. 26, 1646, to John Reynolds and Robert Mussell to take an inventory and settle the estate of John White. ] [Court Records, Aug. 26, 1646, in Deeds, vol. I, p. 36.]
[Inventory ; amount, £4.14.6; taken by William Everard and Reynold Fernald.
Inventory of property held in partnership by Robert Mussell and John White ; amount, £19.14.5.]
[Court Records, Aug. 26, 1646, in Deeds, vol. 1, p. 36.]
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JAMES WOODWARD 1647
Certaine Instructions & directions from James Woodward this 27th of the 4th mº Called June 1647.
Impr. John Sherborne owes me 51 to be payd on Michalmas Day next (so Called) in the moneth of septemb. weh in Case It be not payd he must pay six pound/
It he sayth That he hath served m' Williams of Saco Almost A yeare for web he Expecteth sevene pounds.
whare Also he sayeth he hath Two Barrow swine of A yeare ould and better, Allso A Sow of the same age & Two yonge shotts of halfe A yeare ould.
Itm he sayth That Tho: Warner oweth him 41 for worke of building.
Itm. due to Thomas Warner for A Red wastcote 6s
Itm He sayth that he hath at m' Williames thes #ticuler things As A Coate wastcote breeches 3 napkins web 3 napkins wth the Rest of my Linine I give to Lyddia Williams. Itm he giveth to m' Bacheler Twentey shillings.
Itm he desireth to be Christianly buryed in Case he dye And Afterward what Remayneth of his estate he bequeaveth to William Chatterton whome he makes his Executor. Who also Appointeth the sayd m' Bachiler & Roger Knight to be overseers of this his sayd will and Testament That they see It ?formed Accordingly.
James X Wooward his scribled marke
Witness to this Testamentory writeing
Stephen Bachiler Roger X Knight his marke Andrew Leyfers marke
Takne Into the Courte hild att Dover the 10th of the 7th mº 1647 And the Courte Allowes of It to have It Recorded.
me George Smyth recorder [Court Records, Sept. 7, 1647, in Deeds, vol. I, p. 39.]
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SUSAN CRAWFORD 1649
At the foresaide Courte, the administration of the goodes of Susan Crawforde deceased daughter of Steephen Crawforde also deceased, is granted Unto Sarah Crawforde, the daughter of the saide Steephen Crawford. | ||
and this Courte doth order, margarette willey the mother of the saide Sarah & Thomas willey the husband of the saide margarette, to be gardians Unto the saide Sarah, her daughter, and that they are to give a trew & juste accompte of the saide administration unto any Courte to be holden for Dover when they shall be required.
[Court Records, Oct. 6, 1649, in Deeds, vol. I, p. 66.]
It is ordered by the Courte, and agreed between william Seavie & Thomas Willey & margaret his wiefe on the behalfe of Sarah Crawforde the daughter of Steephen Crawford Deceased, and the said margarett as followeth : That whereas there is in the Custodie of the saide William Seavie the some of thirtie pounds now dew unto the saide Sarah Crawford y' is ordered that the saide William Seavie shall bringe the saide thirtie pounds into this Courte, or otherwise to paye it as this presente Courte shall further order the same :
It is ordered by this Courte that the foresaid William Seavie shall paye unto the foresaide Thomas willey & the saide margaret (whoe are gardians unto the said Sarah Crawford. ) the forsaide thirtie pounds in manner followinge that is to saye XV' in Cattell, VIII' in linen & wollen Cloth, to be praised by one man to be chosen by william Seavie, and one other man to be chosen by Thomas willey, and by william Store marshall, and the other VIII in currant money.
[Court Records, Oct. 8, 1650, in Deeds, vol. I, p. 74.]
[Bond of Thomas Willey, with William Beard as surety, in the sum of £50, for the execution of the trust above mentioned. In a marginal note it is stated that William Beard was discharged from this bond Jan. 28, 1654/5.]
[Court Records, Oct. 8, 1650, in Deeds, vol. I, p. 74.]
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HENRY TAYLOR
1649
[Administration on the estate of Henry Taylor granted to John Webster July 5, 1649.] .
[Court Records, Oct. 6, 1649, in Deeds, vol. I, p. 67.
JOHN MOULTON 1649/50 HAMPTON
The last will & testamt of John Moulton of Hampton beeing in his perfitt sences Doth will & beequeath as ffolloweth : Imp to my Sonne Henry Moulton tenn acres of fresh marsh by the beach on y·e South side of the river; Item one acre fresh marsh wch is given him for a way butting uppon his bridg towards the South and ye upground towards the north. It : give tenn acres & a halfe of Salt marsh butting on Willi ffullars towards ye south west, & ye river towards the east liing in the south side of Willi Sanborne. It: I give to henry tenn acres of upground : in ye East feild in ye East side of Willi ffifeild, & one share of com'onage att my decese : It : I give to Ann my wife my house & house Lott, & ten acres liing att ye end of ye sayd house Lott & seven acres of fresh medow more or lesse in the west medowes, two acres of ffresh medow liing on ye South side of my Sonn Henry's fresh medow att ye beach, & tenn acres of Salt marsh & halfe liing on ye South side being more or less, & five acres of salt marsh that is yett to bee appointed, all this I doe give to my beeloved wyfe duering hir life It : I doe make my wyfe my Sole Executrix & doe give to ye say'd Ann my wyfe all my cattell, & all my move- able goods, excepting one calfe to John. The rest to hir disposeing according to hir discression : It : I give to my Sonn John Moul- ton after my wyfes decease the house, & house Lott, & the tenn Acres adjoyning to itt : It: I give to ye say'd John my Sonne two Cowe Com'onages. It: I give to my Sonne John one Oxe com'onage It : I give to my Sonne seven acres of fresh medow more or lesse in ye west meddowes. It : I give to my Sonn John tenn acres of Salt marsh more or less liing on ye south side of my
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Sonne Henry's & five acres of Salt marsh wch is yett to be ap- pointed) all these several guifts I doe give to my Sonne John after my wyfe's decease wth this #viso yt wthin one whole yeare after my wyfe's decease my sonne John shall pay or cause to bee payd five pounds to my daughter Jane Moulton, & in two whole yeares after my wyfe's decease five pounds to my Daughter Bridgett & in case my Sonne John doth not pay unto his two sis- ters afore sayd ye tenn pound, then my will is my two daughters shall have the two acres of fresh marsh liing on ye South side of my Sonne Henry's, & tenn acres & halfe of Salt marsh more or lesse liing on ye South side of my Sonne Henry's marsh, & in case my Sonne John doth die before hee bee possest, of thes house & lands then my will is yt the house & all the lands shalbee equally divided, to all my childeren excepting Henry. And I give twelve acres of upland more or less in ye East feild, on ye east side of willi Esto's twelve acres to bee equally devided between Mary Samborne & my daughter Ann, & my daughter Jane, & my daughter bridgett, & I give unto my Sonn Samborne tenn acres of Salt marsh wch is yett to bee appointed, & I give to my Sonne Samborne fower acres of Salt marsh liing on ye South side of Cristopher Pallmers, & ye north side of my Sonn Henries) It I give in to my daughter Ann three acres of fresh marsh att ye beach next John Brownes, fresh meddow. It : I give to my daugh- ter Ann tenn acres of salt marsh weh is yett to bee appointed : Also my will is yt my Sonne John shall have a way to his ten acres & a halfe of Salt marsh through his brother Henry's Salt marsh this I doe confirme to bee the true intent of my will witness my hand this p'sent day being ye (23d) of January (1649)
by mee John Moulton
witnessed to this Robert Tuck Willi Estowe [Proved Oct. 1, 1650.] [Norfolk County, Mass., Deeds, vol. I, p. 7.]
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STOCKDALE CUDDINGTON 1650 HAMPTON
[Administration on the estate of Stockdale Cuddington of Hamp- ton granted to his oldest son, John Cuddington, April 7, 1650.] [Norfolk County, Mass., Court Records.]
ANTHONY SADLER 1650
[Administration on the estate of Anthony Sadler granted to his widow, Martha Sadler, Oct. " Ist 3d day," 1650. The court reserved £10 out of the estate for the use of her child, then unborn.]
[Norfolk County, Mass., Court Records.]
THOMAS TURPIN 1650
[Administration on the estate of Thomas Turpin granted to Wil- liam Paine Oct. 8, 1650.]
.
[Court Records, Oct. 8-10, 1650, in Deeds, vol. I, p. 75.]
EDMUND JOHNSON 1650 HAMPTON
[Inventory of the estate of Edmund Johnson of Hampton, taken by Robert Page, Robert Tuck, and Jeffrey Mingy March 4, 1650/1 ; amount, £III. 19.0.]
[Essex County, Mass., Probate Files.]
[Administration on the estate of Edmund Johnson granted to his widow, Mary Johnson, April 8, 1651.]
[Norfolk County, Mass., Court Records.]
[Order of court Oct. 7, 1651, that the children have the follow- ing portions out of the estate : Peter Johnson, the oldest, £32 at the age of twenty-one, John Johnson £16 at the age of twenty- one, James Johnson £16 at the age of twenty-one, and Dorcas Johnson £16 at the age of eighteen or day of marriage with her
1
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mother's consent. Thomas Coleman, step-father to said children, was ordered to give bond in the sum of £80, and to bind over the house and land in Hampton belonging to the estate for these pay- ments, and he was to pay the cost of educating the children, having them taught to read and write.]
[Norfolk County, Mass., Court Records. ]
Wheras at ye Court held at Hampton the (7th) of ye (8th) mº : 1653 It was ordered yt ye Childeren of Edmond Jonson late of Hampton deceased should have out of their fathers estate for their portions as followeth viz Peter Jonson the eldest thirty two pounds att ye age of one & twenty years John Jonson sixteen pound att ye age of one & twenty years James Jonson sixteen pound att ye age of one & twenty years & Dorcas Jonson sixteen pound att ye age of eighteen years or at ye day of hir marriage wth hir mothers consent web of ym shall first happen. .
Know yea that I Thomas Coleman father in law [step-father ] unto the aforesaid Childeren doe by these p'sents bind my selfe my heires Executors & Administrators unto ye govermt of ye Massachusets in Newengland in ye full & intire some of fower score pound of cur- rant money to pay the aforesayd Legasies unto the aforesayd Chil- deren respectively or according to ye order of ye Court abovesayd As also to bee att the charges of ye Educacon of the sayd childeren and to have them taught to write & read. And for ye more sure #formance of ye p'misses: according to ye order of ye sayd court I doe with the full & free consent of Mary my wyfe (mother unto ye sayd Childeren) binde over in security (unto the sayd Govermt) for ye #formance of ye sayd Legasies or portions allotted unto the sayd childeren by the Court aforesayd as also for their educacon as aforesayd all those lands that did belonge to the aforesd Edmon Jonson liing & being wthin ye bounds of the towne of Hampton aforesayd & now in ye possession of mee the sayd Tho : Coleman : As namely eight acres of Salt marsh butting uppon ye great Oxe Com'on on ye : E : Tho : Moulton on ye (S : W) Edward Colcord on ye (N. E) ye town wast. And three acres of fresh medow butting uppon ye great Sault marsh on ye (N E) Jnº Wedgewood :
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(N) the land of Tho : Moulton (S). And six acres of fresh medow bounded in wth a ditch willi : Maston on ye (S W) willi Cole on ye (N. E.) & a highway to ye Oxe common (N) And fower acres more of fresh medow joyning to Robert Tucks on ye (NW) & Phile : Dalton on ye (S) & Tho: Ward (N) : And eight acres more of Salt marsh att ye falls butting uppon ye River towards the beach : Twelve acres of upland liing in ye (E) feild willi : Samborn on ye (S) and a Swamp on ye (N) and land of Jnº Huggings on ye (E) and a high way on ye (N) And a houselott tenn acres The street on ye (N) willi : Samborn on ye (Sº) Tho : Smith on ye (E) and ye meeting : house uppon ye (W). And halfe an acre of Land planted wth Apple trees joining to Jnº Red- mans on ye (S) & the street on ye (N) To ye #formance of all wch ye abovesayd condicons I the said Tho : Coleman doe hereunto sett my hand & seale this (16th) day of ye (8th) mº 1653
Tho : Coleman wth a Seale to itt
Signed Sealed & delivered to use of ye govermt aforesaid in ye- prsence of us.
Tho : Bradbury Wymond Bradbury
Jacob Hooke
This was acknowledged in Court by Tho : Coleman to be his act & deed, Salisbury ye (12th) (2ª) mº 1654
Tho : Bradbury recd
[Norfolk County, Mass., Deeds, vol. I. p. 31.]
GEORGE WEBB 1651 DOVER
[Administration on the estate of George Webb of Dover granted to George Smith April 8, 1651.]
[Norfolk County, Mass., Court Records. ]
[Further time was allowed the administrator to bring in an inventory of the estate, Oct. 7, 1651.]
[Norfolk County, Mass., Court Records.]
.
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DARBY FIELD 1651
[Administration on the estate of Darby Field granted to Ambrose Gibbons Oct. 1, 1651.]
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