USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 1 1635-1717 > Part 45
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NEW HAMPSHIRE WILLS
Previledges wayes and Pathes wood and underwood that now is or shall be there unto belonging shall be to ye only and sole use of Her ye said Elizabeth Kenard that Now is if she Doth out Live me ; which shall be to her ye sd : Elizabeth for her Naturall Life wth all ye Benifets and Profits thereof with ye Halfe of that Land I Purchased of M' Moodey as allso ye one Halfe of the Benifett and Profits of ye Broock of fresh water, of which I have Given my sun Wm ffurber Junr the other halfe; all which abovesaid Houses and Lands Meadows and Broock to be to ye above said Elizabeth Kenard (that now is) Provided she Doe becom my wife that Is to say During her Naturall life if she doath out Live me ; and then after her deceace to be to whome I shall see Cause to Give it to and I Do allso further Give and Bequeath unto Her ye said Elizabeth above Mentioned the one halfe of all my Mufable Goods and Estate after my deceace with in dores and with out as household Goods stock of Cattell and what other Mufeables I shall have ; to be to her and att her dissposall to whome she shall see Cause to bestow it on ; Provided she out Live me, that then the above obligation to Be Voyde and of None Effect or Ellce to be and Remaine In full force and Power to all Intents and Purposes what so ever
sealed and Dillivred William ffurber [seal] In Presence of us Theodore Atkinson
Jonathan Plumer
Pro: New Hampsh
Mr W" Furber Acknowledged this Instrument to be his free Act And Deed the 4th April 1706 before me Theodore Atkinson J: Peace
[Administration on the estate of William Furber granted to his son, William Furber of Dover, March 6, 1712/13.]
[Probate Records, vol. 7, p. 106.]
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[Bond of William Furber, with Jethro Furber and Hatevil Nutter of Portsmouth as sureties, in the sum of £300, March 6, 1712/13, for the administration de bonis non of the estate of his father ; witnesses, Robert Armstrong and Charles Story. ]
[Decision of Richard Gerrish of Portsmouth and John Tuttle of Dover, arbitrators of a question of bounds between lands of William Furber, only son of William Furber, Jr., of Dover, and Leah Furber, widow of Jethro Furber, Dec. 22, 1715, " that the afore s" Line of pertission shall begin at the bound Tree att the head of hogsti Cove being in the devide- ing Line between dover and portsmoth and from that tree to Rune Easterly on a Circular Course on the North side of the slow or gutter as the old fence formerly was sett upon the upland till it Comes to Joyn to the Elm tree in the southwest Cornor of William furburs Land given unto him by his father deceased and from that Elm Tree to Rune Easterly on a straigh Course till it Comes to Joyn to a great white oake in the north East Cornor of Jethro furburs Land given to him by his father deceased and from that white oake Tree to Rune south sumthing Easterly on a straight Cours till it Comes to Joyne to a white Ash stump in the north East Cornor of a parcell of Land the s" Jethro furbur had of his Cousen Jethro furber "]
[Various accounts, notes, etc., containing signatures of Michael Kennard, William Furber, John Walker, Robert Almery, John Knight, Peter Coffin, William Furber, Jr., Margaret Pike. John Tuttle, John Cutt, John Dam, William Ardell, Ephraim Folsom, William Pomfret, John Kennard, John Partridge, Edward Polly, Thomas Phipps, Richard Wibird, William Partridge, Jr., John Plaisted, Samuel Penhallow, Ichabod Plaisted, and George Jaf- frey.
The widow, Elizabeth Furber, appears as Mrs. Elizabeth Nason Sept. 7, 1710 ; Michael Kennard mentions his father and mother Nov. 20, 1707 ; Robert Almery mentions his son, John Hill, Oct. 17, 1707.]
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NEW HAMPSHIRE WILLS
HENRY ELKINS
1707
KINGSTON
[Bond of Thomas Elkins of Hampton, farmer, with Joseph Towle and William Sanborn, Jr., both of Hampton, as sureties, Nov. 1, 1707, in the sum of £100, for the administration of the estate of Henry Elkins of Kingston ; witnesses, Nathaniel Locke and Mary Smith. ]
[Administration on the estate granted to Thomas Elkins of Hampton Nov. 4, 1707.]
[Probate Records, vol. 6, p. 270.]
[Warrant, Nov. 18, 1707, authorizing Lieut. Thomas Philbrick and Ichabod Roby, both of Kingston, to appraise the estate. ]
[Inventory, Nov. 22, 1707; amount, £74.5.6; signed by Thomas Philbrick and Ichabod Roby.]
[Account of the administrator against the estate, Nov. 4, 1707 ; amount, £26.6.5 ; signed by Thomas Elkins; attested Oct. 4, I708.]
JOHN BANFIELD 1707 PORTSMOUTH
[Administration on the estate of John Banfield of Portsmouth granted to his widow, Mary Banfield, Nov. 4, 1707.]
[Probate Records, vol. 4, p. 355 .]
Att a Court of probates on the fourth day of May 1708
Portsmº in New 2 To the Honourable Joseph Smith Esq" Judge Hampshire Sof probate of Wills and Granting letters of Administration in this province./
Whereas our Honoured father John Banfeild dyed intestate and that little Estate he left behinde him remaines yett Undivided, Wee
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the Subscribers hereof humbly pray that your Worshipp please to appointe two or three meet persons as Comm's to make an Equal Division of Said deceaseds Estate Soe that the eldest Sonn may have a double portion, the widdow her thirds, and every of us the Children our Equal proportion Soe prays
Yo' Worshipps most humble Servants
Sam" Banfeild
Tho: perkins Cha: Banfeild Geo: Banfeild
[The court appointed Lieut. Joshua Peirce, John Cotton, and Nathan Knight. ]
[Probate Records, vol. 4, p. 106.]
Hugh Banfield Appellt V
His Brothers and Sisters Appells
Ordered That the Clerk Issue out a warrt for a new appraismt upon John Banfield Decd his land Estate and for making a plat thereof to be delivered to the Clerk of the Council within Thirty days who Shall Administer the proper oathes to the Appraisers and that the Appellt chuse one the appelle another and the Coun- cil appoint Mr Hughes The third-
[Council Records, Dec. 9, 1721.]
Hugh Banfield Eldest Son of John Appelle Banfeild Deceased- V
His Brothers and Sisters the other Appelle children of the Said John Banfield-
From a Judgment of the Judge of Probates for the division of the aforesaid deceased John Banfields land Estate among his Children.
The Pleas and allegations on each Side Being fully heard and a new appraisment and plat of the premises made and Exhibitted
39
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NEW HAMPSHIRE WILLS
-
to the Court upon oath according to law It is Considered that the lott formerly allotted to Agnis Fletcher by the Judge of probates be hereby confirmed to her now Agnis Parsly, and that ye propor- tion of Charles Banfield be Confirmed where his house now Stands and that Hugh Banfield the Appellt have the residue of the prem- ises paying to Each of the other Children of the deceased after the rate of Eight pounds # Acre for their respective proportions wtin two years from this time with lawfull Interest for the Same provided he the Sª Hugh give Sufficient Security within ten days for the aforesaid payments, and in case of his default or neglect, then the other Children to have their Several allotments and pro- portions according to the aforesaid division of the Judge of pro- bates and that the widow of the Deceased have the homestead and Orchard according to former allotment-
[Council Records, March 7, 1721/2.]
The Judgment of this Court of the 7th Instant in the Case of Hugh Banfield Appellt v his brothers and Sisters appelle want- ing Some Explanation. It is hereby declared that the true Intent and meaning thereof was that the Said Hugh Banfield shall give Security for the payment of no more mony to his brothers and Sisters than the price of the land (at ye rate of eight pound an Acre) which he is forthwth To possess and injoy and that he the Said Hugh Shall have two years time after the death of his mother for the paymt of what the house and homsteed amounts to at the aforesd rate wth Interest which Said house and homesteed his Sa mother is to Improve and Enjoy dureing her natural life
Richª Waldron Cler Coun
Memorandm Richd Parsly has taken upon himself to keep and maintain the fence at ye lower end of his lott at his own cost & Charge
[Council Records, March 13, 1721 /2.]
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NEW HAMPSHIRE WILLS
RUTH TARLETON 1707/8 NEWCASTLE
In the Name of god Amen, the fourth day of January in the Year of our lord one thousand Seven hundred and Seven, Eight I Ruth Tarlton of New Castle in the province of New hampshire in New England, Widdow being Sick and weak in body
I give and bequeath unto my four Children Elias William Rich- ard and Ruth my Dewlling house I now Live in with the Land belongin and Apertainin, that is I will that my Daughter Shall have her Choyce of the best rom in Said house and the Residue and remainder of Said house and Land I will that itt be Equally Devided between my aforesaid three sons; Item I give and bequeath unto my Sª Daughter my best bed and bedin with the Curtains belongin and also I give unto my Sª Daughter all my Cotten and all my Linin Cloathes and all my wareing Cloathes with the great brasses for a Chemny that are in the best Chamber Chimney Item I give unto my aforesaid four Chilldrin Eight silver Spoons that is to Say two Spoons to Each Child one of Sª Spoons haveing a fork to the End of itt I will that that be in my Son Elias his Devidend and I also give unto my aforsd son Elias a silver Chain and Whistell
Item I give unto my Sd four Chilldren five gold rings that is to my Sª Sons Eeach of them one and if my husband Richd Talton Deceased his daughter Shall Come into this Cuntry then one to her but if She Come not, then I give unto my foresd Daughter Ruth two Rings- and Elias his Ring to be a ring that was given his grandfath" att m' Martins funerall. Item I give unto my son Will™ a silver Cup- Item I give unto my Son Richard and Daughter Ruth my silver Tankard Equally to be devidend betwixt them, and all the Rest and Residue of my goods Chattels Debts ready Mony &e I give unto my Sd four Chilldrin Equally to be devided my Sons to Receive their aforest parts and por- cions att there severall ages of one and Twenty Years, and my Sd Daughter shall receive her Said porcion att the Age of one and Twenty Years or of Day of Maraige and to be paid or Delivered unto them by my Executors here after named, and if itt Shall
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please god that any of my Said Chilldrein shall happen to Dye and Depart this Life before they Shall arive to the Age of one and . Twenty Years or Day of Marraige that then the part or porcion of him or her soe Dying Shall redound to the survivors by Equall porc'ion and if itt Should please god that all of my aforsd Chill- drin Should Dye and Depart this Life before there Severall Ages of one and Twenty Years, or Day of Marridge that then and in Such Case my mind and Meaning is and I doe hereby give and bequeath all and Every the aforsd parts and porcions of aforesd four Chilldrin unto my two Cusins Ruth Langsford of Salem and Mary attkinson of New Castle and I doe hereby Make and Ordain the Reverend m" John Emmerson Teacher of the Church of Christ att New Castle and Theoder attkinson Esq' in Said Town to be my Execut's and I Likewise make and Apoint the aforesd Theoder Attkinson Esqr Over seer to see this my Last will and Testemt Executed and done; In Wittness whareof I have hereunto sett my hand and seal the Day and Year in the begining of the three pages first written
Signed Sealed and
Delivered in p'sence of $
Note that before the Ensealing of these p'sents I doe also give unto my son Elias my great bible and I Like wise give my son Richard unto Theoder attkinson Esqr- and My Daughter Ruth unto Sª Attkinsons wife to be brott up in the Nurtuer and fear of the Lord and I allso will that if my aforesd husbd Richd Tarlton his Daughter do Come over, that Shee may have her being in the house untill Such time as she Shall be better provided for-
(Wittnessed by)
Ruth talton [seal]
Signed Sealed published
and Declared in p'sence of John Emerson Sampson Sheafe George Walton
[Proved March 4, 1707/8.]
1
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NEW HAMPSHIRE WILLS
RICHARD JOCE
1707/8 PORTSMOUTH
[Administration on the estate of Richard Joce of Portsmouth granted to his widow, Hannah Joce, Feb. 3, 1707/S.]
[Probate Records, vol. 4, p. 99.]
[Section of a bond of Hannah Joce, administratrix, to bring in the will if any should appear; signed by Hannah Joce, Thomas Packer, and Richard Gerrish, and witnesses, Jotham Odiorne and Charles Story.]
[Inventory, April 29, 1708; amount, £924.11.0; signed by John Dennett and William Cotton ; attested by Joan Joce April 14, 1711.]
[Probate minute, April 14, 1711 ; Hannah Joce, administratrix, being cited to appear and explain why she had not settled the estate among her children in three years, she appeared and asked further time ; granted until April 26, 1711.]
[Probate Records, vol. 3, p. 189.]
[Order of court, Feb. 14, 1711/12, rough draft, that Mrs. Joce dispose of " the ffarm in the possession of Ichabod plaisted Esq' the wharfe & warehouse in the possession of Richard Gerrish, And to dispose of any part of the ffarm Comonly Called Commins ffarme and the Right of the Commons in portsmº belonging to the Decds Estate, Adding to the Inventory the Said Commons being 85 Acres of Land."]
[Probate Records, vol. 3, p. 189.]
[License to Hannah Joce, administratrix, Feb. 15, 1711/12, to sell real estate.]
[Probate Records, vol. 3, p. 261.]
[Account of the settlement of the estate; amount of estate, £924.11.0; expenditures, £814.7.3. Land unsold, 58} acres. " It being Agreed that the Eldest Son Should have his 13
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acres where the Dwelling house now stands & the house after his Mothers Decease. John Prays part joyning to Collo Tho. Packers. John Roberts part that is 4 Acres of it, Joyning to John Wentworth Esq' Joseph Hiltons joyning to that 4 acres of John Roberts & Each one of the Children that takes his part fully to pay their Mother her Thirds for it Dureing life." Allowed Feb. 12, 1717/18.]
[Probate Records, vol. 7, p. 281.]
[Account of Hannah Joce, administratrix; allowed Feb. 12, 1717/18; Mentions " Sister Gerrish & Sister Plaisted," "legacy Given By the Deceaseds mother to her two Grand Children then Liveing : Joana & Hannah," " Legacy given by Mrs Severit to her two Neeces : Joana & Hannah," "Legacie given me Michall man."
[Administration on the estate of Richard Joce granted to his son-in-law, Edward Cate of Portsmouth, March 19, 1721/2, the widow, Hannah Joce, formerly administratrix, having died. ]
[Probate Records, vol. 10, p. 209.]
[Citation, June 6, 1722, to Joshua Brewster of Portsmouth, blacksmith, to appear and state whether or not he has in his custody any of Richard Joce's estate not yet administered. ]
John Pray being Cited to this Court by ye request of Edwd Cate Jun' adm' de bonis non of Richª Joses estate appear'd & made oath that he has no part of the Estate of Richª Jose Esq' Decd in his hands that is unadministered upon
[Probate Minutes, Sept. 8, 1722.]
Agreement made and concluded upon this Eighteenth day of March in the Ninth year of the Reign of our Soveraign Lord George by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c Annoq Domini 1722/3-
By us the Subscribers, for the Division of the Estate of our Late Hond Father, Richª Jose Late of Portsm° in the Prov of New
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Hamp' Esq' Deceased Among our Selves which Estate Consists of Sixty Nine Acres and one Quarter of an Acre of Land adjoyn- ing to his late Dwelling House
Imp" Richard Joce his part being a double share is fifteen Acres and Sixty Rodds Six Acres and one Quarter of which, he has had and Sold to Capt Richd Wibird wch Lies on the Northern Side of the High way Leading to the plaines, the other Nine Acres and twenty Rodds he is to have on the Southern side of the afores'! Highway And Next Adjoyning to m' Hunkings's Land.
Item Martin Jose his part being Seven Acres and one Hundred and ten Rodds, he is to have Fronting on the Highway Leading from the old Meeting House to the plaines and Next Adjoyning to Three Acres and one Quarter of Jane Cates part, which Three Acres and Quarter Lyes Next Adjoyning to Collo Wentworths pasture
Item Joanna Pray, her part being Seven Acres and one hun- dred and ten Rodds, of wch her Husband and she have Sold Six Acres and half to Capt Richard Gerrish Dec" and formerly laid out to him, the Remainder being one Acre and Thirty Rodds is allowed and Laid out to her and laid out, Next Adjoyning to Richª Jose's lott .-
Item Hannah Hilton Decd her part being Seven Acres & one Hundred and ten Rodds is Laid out for her Daughter Hannah Hilton, next to Martin Jose's Lott.
Item Jane Cate her part being Seven Acres and one Hundred and ten Rodds, is Laid out four acres & Seventy rodds of it Next adjoyning to the Six Acres and half formerly laid out to Joana Pray, and also twenty Rodds more, wch is allowed her for her part of the Highway the Town of Portsmº bought out of the Estate, and the other Three Acres & one quarter Next to Collo Wentworths pasture
Item Mary Roberts her part being seven Acres and one Hun- dred and ten Rodds, Four Acres of which she has sold to Coll" Ichd Plaisted Decd two acres of wch four, is in Collo Wentworths pasture and the other two Acres, is laid out next adjoyning to
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Hannah Hiltons part and two Acres, she has Sold to m' Ichabod Plaisted is laid Out for him Next to his own Land, and the Re- mainder being one Acre and one Hundred and ten Rodds is laid out Next adjoyning to Jane Cates lott.
Item Sarah Brewsters part being Seven Acres and one hundred and ten rodds, is laid out Next to the aforesaid one Acre and hundred & ten Rodds of Mary Roberts's
Item Margaret Jose her part being Seven Acres and one hun- dred and ten Rodds is laid out Next adjoyning to Joanna Prays, one acre and thirty Rodds.
Furthermore all the abovesaid parcells of Land are Measured. & Staked out according to the foregoing Divisions, And are fur- ther Explained by a platt thereof hereunto Annexed,
In Confirmation of the above Agreement and Division Each party have hereunto Sett their hands & Seals the day and year above written
John Pray [seal]
Richard Jose [seal]
Martyn Jose [seal]
Edward Cates Jur [seal]
John Roberts [seal]
Joshua Bruster [seal]
Joann Pray [seal ]
Jane Cate [seal]
her
Mary X Robarts [seal]
mark
hir
Sarah X Bruster [seal]
marke
John Pray garden to
Margret Jose [seal]
[Petition of Margaret Joce of Portsmouth, minor, daughter of Richard Joce, asking that John Pray, her brother-in-law, may be appointed her guardian.]
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november ye 6th 1723
these may Sartifi that I Joseph hilton of Exeter father of Han- nah hilton ye Daughter of hannah Hilton formerly Hannah Joce Do alow and Consent that m' John Pray be alowed to be her Garden to take Care of anny Estate may fall to her on her mother hannah Jose account and to take Care of her as wittness my hand this 6th day of november 1723
Witt George Townsend Benja dockum
Joseph Hilton
[Blank sheet of paper for bond, signed by John Pray, Henry Keyes, and Samuel Plaisted ; witnesses, Benjamin Gambling and Mary Creed. ]
JOHN PLAISTED 1707/8
In the Name of God Amen : I John Plaisted the Grand Sonn of John Pickering and Mary his wife as within Nominated being now goeing to Sea upon a Voyage to the West Indies doe make this as my Last Will and Testament in manner and forme follow- ing (that is to Say) after all my Just Debts and ffuneral Charges are paid I Give and Bequeath unto my deare and Loveing wife all my Estate both Real and personal for Ever. (Provided she is not with Child, at this present time) ; in case she is now with Child, then I give all my Real Estate to my Child after he or she Be it male or ffemale attaines to the age of Twenty one years, And I doe hereby Nominate and appointe my deare wife aforesaid Sole Executrix of this my last Will and Testament. In Wittnesse whereof I have hereunto Sett my hand and seale the Nineteenth day of ffebruary Anno R Regina Anna nune Anglia &c Sexto Annoq Domini 1707
sealed and Delived In the
presence off Tho: Packer Nathaniell Packer Cha: Story
John Plaisted [seal]
.
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NEW HAMPSHIRE WILLS 1
BENJAMIN CRAM
1707/8
HAMPTON
In the Name of God Amen the first day of March, 1707/8 : in ye sixth year of the Reign of Queen anne over Great Britain &c- I Benjamin Cram sent of Hampton in ye province of New Hampsh in New England : Being of a Competant measure of health
Imprim& I Give & bequeath unto my Son John Cram ten pounds which I have allredy promised him with ye addition of five shil- lings, all which ten pounds & five shilling is to be paid him in Cattell or other speasha at the merchantable price by my son Benjamin Cram with in one year after my Decease-
Ittm. I Give & bequeath unto my Daughter Sarah Cram ten pounds to be paid her by her Brother Benja" Cram in Cattell or other good pay at ye merchantable price within one year after my Decease-
Ittm- I Give & bequeath unto my son Benjamin Cram all my Lands meadowes marshes, out Lands by they in Hampton or elce where Named, or not Named together with all houses, bylding, Rights & previledges yt unto me do belong or here after may of Right belong ; unto him my son Benjamin Cram & unto his Heirs & ssuccessors for ever at their dispose : together with all my stocke goods & utensels yt I leave undisposed of at my Decease ; he pay- ing such debts & legacys as is above and here after mentioned-
Ittem. I Give & bequeath unto my Daughter mary Cram five pounds to be paid by my son Benjamin Cram in Cattell or other merchantable pay at ye ordidary market price within two years after my decease-
Ittem I Give & bequeath unto my son Joseph Cram five shil- lings to be paid him by my son Benjamin Cram he haveing all Redy Received his portion-
Ittem- I Give & bequeath unto my Daughter Hannah Cran five pounds in Cattell or other good merchantabl pay to be paid by my son Benjamin Cram within three years after my Deceasse
Ittem I Give & bequeath unto my Daughter Hester Cram five pounds to be paid her by my son Benjamin Cram in Cattell or
.
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NEW HAMPSHIRE WILLS
other merchantable good pay to be paid her with in three years after my Decease-
Ittem- I Give & bequeath unto my Daughter Elizebeth Melsher five pounds to be paid her by her Brother Benjamin Cram in mer- chantable good pay at Currant price to be paid with in four years after my Decease .- And to this my last Will & Testament I con- stitute & appoynt my beloved son Benjamin Cram my executor : thus Commending my self your selves my Dear Childred unto the Infinite Grace of God alsufficient : I Doe in ye presence of God & man Revoke all former wills by me made & sign this as my last will & Testament with my hand & seal this first day of march Anno Dom seventeen hundred & seven or eight whilst I am well & in health
This instrument was signed & sealed by Benjamin Cram Sen' & declared by him to be his Last will & Testament in presence of us witnesses
Joseph Smith Joseph Cass Sam" Dow
the marke & seel of
Benjamin X Cram sen' [seal]
as a Codicill to this my last will & Testiment my will is y' my son Benjamin Cram do provid a sutable house for my two Daugh- ters mary Cram & Easter Cram so long as they or either of them shall Live a singell life- may- 27: 1708-
witness Mary Smith [Proved Dec. 5, 1711. ]
the marke of Benjamin X Cram sen'
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NEW HAMPSHIRE WILLS
NICHOLAS HARRISON 1707/8
DOVER
I Nicholas Harrison of Dover in the Province of Newhampsh In New Engld being of Sound Memory and Understanding, butt weak and infirm *
Item I will and bequeath unto my Son in law John Downing, and Eliza His Wife, as my Eldest Daughter, all my housing, or- chards and lands att ffox point, which was given by my ffather in law John Bickford, Deceased, to be to ym and there heirs for Ever. I also give unto said John Downing and Eliza his Wife my one half of all the right title and interest of all my lands in New Jersey, as also one half of all cattle, or any other Estate whatsoever with all maner of priviledges belonging to said land, that therin appertains to me. I moreover give unto Said John Downing and Eliza his Wife, the one half of all my moveable Estate both within doors & without.
Item I give and bequeath unto my beloved Daughter Temper- ance Harrison, the two lots of Land lying att and nere ye head of Broad Cove, the one containing Eleven acres, the other contain- ing nineteen acres, granted mee by ye Town, to bee to her and her heirs for Ever. I also give her my said Daughter Temper- ance threescore acres of land lying att Piscassick nere Lampry Eal river which I bought of Arthur Bennick, together with all ye priveldges of wood timber, water or what else of right thereunto belongs I more over give her my Said Daughter the other half of my whole interest in New Jersey, whether of lands, cattle, or whatsoever of right therein belongs to mee Besides I give to her my said Daughter Temperance the other half of all my move- able Estate both within doors and without.
The managemt of my funerall and ye paymt of all my Just Debts I will shalbe Equally defrayed by my said two Daughters, viz' Eliza Downing, and Temperance Harrison whom I hereby Constitute Executes unto this my last Will and Testamt And if any other Estate of any kind or nature whatsoever, not already given or mentioned, doth or may of right belong to mee, My will
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