Probate records of the Province of New Hampshire Vol. 1 1635-1717, Part 58

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2dly. As to the Worldly Estate which it has pleased God to give me, I Will, that my beloved Wife Mary Hudson, Shall have the full and absolute Enjoymt thereof during her Naturall life and after mine & her Death, my Will is, that my beloved Grandson Hudson Peavey, shall have ye whole of all my lands Meadow, or- chards, and housing to his own proper use & behoof forever ; but if in case he dies before he comes to age, my Will is, that my Grandson Thomas Peavey shall then have ye free and full Enjoym' thereof and if in case he dies before he come to age that then itt shall descend, unto my Grandson Able Peavey ; and if he should also die before he comes to age, My will then is that the sd lands. meadow Orchard and housing shalbe to my Cousen Sam" Beard the son of Joseph Beard, and his heirs forever


3ªly. My Will is, that after mine, and my Wifes decease the whole of my Quick stock, houshold goods, &c Shalbe equally divided between my said grandchildren, my Debts, & funerall charges being first payd out of ye same.


4. I Will that my Grandson Hudson Peavey Shall pay unto his


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two Brothers, Thomas and Abel Peavey the sum of twenty pounds Each, So soon as they come to age or marry. And if in case one of ym should dye before he comes to age or marry that then the said twenty pounds shalbe to him that survives.


5. I will and appoint my beloved friends mr John Downing Jun' and Cousen Joseph Beard my Overseers to this my last Will and Testamt that they see ye paymt of my just debts and funerall charges, whom I also desire to take care of my sd Estate, for the benefit and advantage of my sª Grandchildren


In testimony unto all and singular the premises, I have here- unto sete my hand & affixed my seal, this fifth of July 1717.


Signed, Sealed and declared in his John X Hutson [seal] Mark


the presence of Joseph Adams John Downing Junr John Nutter


[Proved March 6, 1723/4. . On the next leaf is written " Hutson Pevey was born Feb' IIth A D: 1711.


" Thomas Pevey was born June : 19th A: D: 1714. Abel Pevey was born June : 30 : A: D: 1716.]


SAMUEL ROBY 1717 HAMPTON


In the Name of God Amen


I Samuell Robie of Hampton in ye Province of New Hamps' in New England being Sick & Weake in body


2ly : I Give & bequeath unto my beloved Wife Mary the best Rome in my dwelling house With such part of my Celler & Barn as She Shall have ocation for : With that part of my home lott not before Sold ; Which my father Robie Gave me & Was formerly Isaac Perkinses With one half of my orchard (viz) on ye south- ward side, & four acres of marsh in the spring marsh so Called : & a share in the second North division Which I had of Jacob Moulton all Which my said Wife is to posses & Injoy dureing the


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time of her natureall Life : as also all my houshold goods With the one half of my stocke of What kind or sort so ever With ye one half of the debts owing me for ever at her dispose among my Children as she shall se meet after all my debts & funeral Expences are paid &c-


31y/ I Give & bequeath unto my onely & beloved Son Thomas Roby all my tooles & utencells for husbandry With the other half of my stocke and debts to me due after all my debts & funerall Expences are paid to him for ever ; I also Give unto my said son thomas all my buyldings Lands pastures meadows out Lands Commonages orchards Gardens Lands or Right to Lands What so ever, or where so ever to him & to his Heirs Executors & as- signs for ever at his dispose, always excepting what I have Given to his mother my Wife Mary above mentioned part of Which Lands my said son thomas hath a deed of Gift for allredy : And all my Right to any mills or streams of Water : he my son pay- ing such Legacys as is here after mentioned &c


41y : I Give & bequeath unto my beloved daughters (viz) Ruth Mary, Sarah, Theodata, Huldy, Barsheba, Hannah, Abigell Eliz- abth & Bethyah to Each of them five pounds in or as money to be paid them by my said son thomas Within two years after he arives to ye age of twenty one years to be paid to them that are then of age & unto ye other when they Come to ye age of Eighteen years & Deducting out of Each of my Daughters Legacys what sums of money my said Wife shall Give an account any of them have all- redy Received. And unto this my last Will and Testament I Doe Constitute & appoint my beloved Wife Mary & my son Thomas Robie Executrix & Executors my said Wife to doe & perform as sole untill my said son Come to the age of twenty one years, Giveing & Granting unto my said Executors any other Estate or thing not before Mentioned in this my Will to be Equally devided between them Excepting Lands or Rights to Lands Which I have allredy Given to my said son Thomas- Thus Revokeing all other Wills by me made I sign & seal this with my hand this tenth day of July Annoq: Domini seventeen hundred & seven-


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teen in ye third year of the Reign of our Soveraign Lord George King of Great Britain &c


Signed Sealed & declared by Samuell Robie as his Last Will & Testament in presence of us Witnessess


Samuel Roby [seal]


Samuell Healy


Caleb Marston


Moses Leavitt Samuel dearbon


Joseph Smith [Proved Sept. 7, 1717.]


[Warrant, Sept. 7, 1717, authorizing Joseph Smith and Ensign Samuel Marston, both of Hampton, to appraise the estate.]


[Inventory, signed by Samuel Marston and Joshua Wingate ; amount, £377.3.0. Col. Joseph Smith having died, Capt. Joshua Wingate was appointed appraiser in his place.]


JOSEPH BUNKER 1717 DURHAM


[Administration on the estate of Joseph Bunker of Oyster River, yeoman, granted to his son-in-law, Josiah [Joshua] Davis of Oyster River, July 29, 1717.]


[Administration on the estate of Joseph Bunker of Dover grant- ed to his son-in-law, Joshua Davis of Dover, March 4, 1718/19.] [Probate Records, vol. 10, p. 117.]


[Warrant, March 4, 1718/19, authorizing Capt. Francis Mathes and James Nute, both of Dover, to appraise the estate. ]


[Inventory, May 11, 1719; amount, £75.0.0; signed by Fran- cis Mathes and James Nute ; attested by Joshua Davis June 3, 1719.]


Clem Drew & others ye Children of Joseph Buncker late Decd Complaining y' Joshua Davis adm' to sd Bunckers Estate refuses


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to divide ye land of ye Intestate as ye Law directs order'd yt ye sª adm' be cited down to ye next Court to give acc' of his adminis- tration &c


[Probate Minutes, June 21, 1721 .]


[Administrator's account of the settlement of the estate ; amount of estate, £75.0.0; expenditures, £3.1.6; the administrator ap- pears as Joshua Davis.]


[Bond, in blank, May 5, 1724, signed by James Bunker, Joseph Bunker, James Nute, and Thomas Leighton ; witness, William Drown ; endorsed "James & Jos: Bunkers Admin. Bond on y.' fathers Estate."]


FRANCIS STEELE 1717 EXETER


The Last will and Testament of Francis Steel


I Francis Steel of Exeter in the province of Newhamshire In Newengland being weak of body


Item I : I Give unto my well beloved Son Clement Steel my Dweling house out housing and all my Land Laying upon the north Side of Exeter Great river


Item 2: I give unto my well beloved son John Steel twenty acres of Land Laying upon the south side of Exeter great River adjoyning unto John Scribners Land and allso forty acres of Land Laying in the township of kingstown


Item 3 : I give unto my well beloved son Henery Steel all my other Land and meaddow Ground Laying upon the south side ot the afore Sd river-


Item 4: I give unto my well beloved wife Elisabeth Steel Whome I make the sole Executrix of this my last will and testa- ment All my right in the Saw mill standing upon kings falls and all my moveable Estate of what kind soever do be at her disposal for Ever and I Likewise give unto her my well beloved wife the use and improvement of my house and all my Lands above specified during the time of her naturall Life and I the above sª


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francis steel do hereby acknowledge this to be my Last will and testament hereby revoking and disanuling all other wills or tes- taments by me heretofore made In confirmation whereof I have hereunto set my hand and seall this twentyth day of agust Ano- qui domini one thousand seven hundred and seventeen and in the fourth year of his majesties Reign &c


Signed sealed and owned in


francis Steel [seal] the presence of us Cartee Gilman


Richard : Gliden


the mark X of Sarah Gliden


[Proved Dec. 3, 1718.]


RICHARD GERRISH 1717 PORTSMOUTH


In the Name off God Amen


The fourteenth day of october In the yeare of our Lord one thousand Seven hundred and Seventeen I Richard Gerrish of the Town of Portsmº In New Hampshire in New England Esq" Being very Sick & weak of Boddy


Item- I Give and Bequeath unto my Son Richard Gerrish five pounds money


Item My will is : That whereas my Said Son Richard Gerrish hath & Still Doth Carry him Selfe verry undutyfull & Disobedient to my Selfe and my wife and tis Said that he intends to marry Elizabeth Cutt the widdow of John Cutt Late of Portsmº Marriner Deceas'd : which is utterly against my will : Therefore If he Does # sume to Doe It then I hereby Cutt : (him his heirs & Assignes) off from Ever Enjoying any part or cell of my Estate of Goods Chattles or Lands whatsoever But what I have above Given him- But if he Returns to his Duty and Shall Marry Any Other son with the Advice and Consent of his Mother Jane Gerrish then my will is that he Shall have on Such Marriage the one halfe of my Estate of Lands and affter my wifes Decease the other halfe of all my Lands to him and his heirs for Ever


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Item I Give and Bequeath unto my well beloved wife Jane Ger- rish (whome I Likewise Constitute make & ordaine my Sole Executrix of this my Last will & testament) All the Estate I have in the world Good Chattles and Lands within the Province of New Hampshire or Elsewheresoever they may be or of what kind or Nature soever the same is But more ?ticulary I Say all my houses and Lands in the Province of New Hampshire (Excepting as is before Exprest, My Son Richard Gerrish Ruturn to his Dutyfull obedience to her And Mary as is said before then my Estate to be Given as is before Expressed) Otherwise I hereby Absolutely Give unto my Said wife Jane Gerrish Dureing her life all My Houses & Lands in New hampshire as affore Said, And affter her Decease the Said Houses & Lands to My Brothers & Sisters Children to be Divided Amongst them) And all my Goods Chat- tles to my Said wife to Dispose off as She pleaseth and to whome She pleaseth with all the Profitts of my Lands &cª- And I Doe hereby utterrly Disanull & Revoak all & Every other former Tes- tament will Legacy & Bequest & Executor by me in Any wise before Named Willed & bequested. Ratifieing allowing and Con- firming this and Noe other to be my Last will & Testament In Wittness whereof I have hereunto Sett my hand & Seale the Day & yeare first above written (It is my Intent that if my Brothers & Sisters Chilldren Enjoy My Lands as above It Shall be to them & theire heirs & assignes for Ever- my will is the Remainder I have before Left to be to the heirs of my Brothers and sisters chil- dren I hereby Give to the Disposall of my wife at her Discretion notwithstanding what I have before Said as to Brothers & sisters Children


sign'd seal'd & Declared by Richard Gerrish [seal]


the said Richard Gerrish to be his Last will & Testament In + sence off uss Jacob Lavers Eleazer Russell James Jeffry [Proved Nov. 22, 1717.]


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EDWARD CLOUTMAN 1717 DOVER


[Inventory of the estate of Edward Cloutman of Dover, Nov. II, 1717 ; amount, £112.14.4; signed by Samuel Tibbetts and John Bickford. ]


[Administration on the estate of Edward Cloutman granted to his widow, Sarah Cloutman, March 5, 1717/18.]


[Probate Records, vol. 9, p. 144.]


[List of claims against the estate, Oct. 18, 1718; amount, £167.17.3 ; signed by Thomas Tibbetts and Joseph Roberts. ]


[Citation, June 5, 1721, to Capt. Samuel Tibbetts and Henry Tibbetts, both of Dover, to appear and answer charges of conceal- ing a portion of the estate ; return signed by Job Clements, con- stable.]


[License to the administratrix, June 7, 1721, to sell real estate. ] [Probate Minutes, June 7, 1721 ]


[Administratrix's account of the settlement of the estate, allowed March 14, 1721/2 ; amount of estate, £202.4.4 ; expenditures, in- cluding widow's third, £69.18.8.]


[Various claims, petitions of creditors, etc., containing signa- tures of Richard Scammon, John Morrill, Thomas Roberts, Jr., Elizabeth Field, William Blackston, Samuel Hinckes, Elizabeth Alcock, Joshua Peirce, George Jaffrey, Sarah Cloutman, Sam- uel Tibbetts, John Bickford, and Clement Hughes. ]


BENJAMIN SHAW 1717 HAMPTON


In ye Name of God Amen : I Benjamin Shaw of Hampton in the Province of Newhamshier in New England, Being at this time of perfect understanding and Memory : Tho often Sick and weak in Body : Committing my Soul into the hands of Almighty God : and my Body to Decent Burial in hopes of Eternal Life &C-


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Do thus dispose of my temporal Estate which God hath Given me-


impr My Will is that all my honest and just Debts be duly paid in Convenient time after my Decease-


item I Give and bequeath unto my Daughters (Viz) Mary, Esther, Sarah Abigael, and Hannah all y' I have alreydy Given them, With the addition of three Pounds, to Each of them, to be paid to Each of them in Convenient time after my Decease, By my Sons (Viz) Benjamin to pay to my Daughter Mary three Pounds Roger to pay to my Daughter Esther three Pounds, My Son Joseph to pay to my Daughter three Pounds, My Son Edward to pay to my Daughter Hannah three Pounds ; And my Son John to pay to my Daughter Abigael three Pounds My Son Joseph is to pay three Pounds to my Daughter Sarah


3ly I Give and bequeath unto my bloved Son Benjamin Shaw the Land where he now Liveth and also my Shear or Lott in y. west Division and one half of my Marsh Lying at the Steep Banks , to have his half at the upper end, and half my Marsh Land Lying by Goodman Cliffords, to have his half on the South west Side and one half of my Little Meadow Lying on ye west Side of the Great Causey, and one lott in the Second West Division as also half a Shear in the Cow Common-


4ły I Give and Bequeath unto my Beloved Son Roger Shaw my fourty Acre Lott Lying at a place Called Bride Hill where he now dwelleth also one Quarter of my Marsh at ye Steep Banks to lie Next to my Son Benjamins above said, and half my Meadow Ly- ing by Goodman Cliffords, and Half my Little Meadow Lying on the West Side. of the Great Causey, also one Lott in the Second West Division and also half a Shear in the Cow Common-


51y I Give and bequeath unto my Beloved Son Joseph Shaw the Land I Bought of Samuel Fogg the Lott orchard and Eight Acres of Pasture Ground, one shear in the Great ox common and my Meadow at the Great Pond, and three Shears at the Little River Marsh Lying upon the South Side of Fifields Island, half the Land I Bought of Joseph Cass and John Dow and half my Meadow I


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Bought of John Page, to have his half next the upland, and two acres of the Marsh I Bought of Thomas Ward to have it on the South Side and one Lot in the in the Second North Devision and half a shear in the Cow Common-


6ly I Give and bequeath unto my Beloved Son John Shaw my Lott Lying at a Place Called the Temple Lying on the Westerdly side of John Sanborns Land, and the one half of the Lotts I Bought of Captain Cass and John Dow, and the Marsh I bought of Thomas Ward Except the two acres Given to my Son Joseph above Said, and half the Meadow I bought of Isaac Godfrie, and the Meadow I bought of Thomas Veasey Lying at ye Temple Meadow, and my Lott I bought of Captain Green and also half a Shear in the Cow Common-


715 I Give and Bequeath unto my Son Edward Shaw my Home- stead both Lands Buildings Orchards my home Lott and Pastures, with ye Meadow I bought of John Sanborn, and half the Meadow I Bought of Isaac Godfree, one Quarter of my Marsh at ye Steep Banks at the End next the Sea And my Meadow at the Town Bridge So Called, also my Lotts or Shears in the last West divis- ion Lying near Samuel Helys, and also my Lott I bought of Samuel Marston Called the Second North Division and also my Lott at Bride Hill Which I bought of Nehemiah Hobs, with one shear in the Cow Common, and all my instruments and Utensels for husbandry, and Three Quarters of all my Stock of what Sort or kind Soever, with all Debts due to me at my decease, and one half of all my Money Chattles household goods within Doors or with out, and I order him my Son Edward to pay to Sarah the Daughter of my Daughter Ruth Shaw thre pounds


SI I Give and Bequeath unto my Beloved wife Esther the one half of my Money the one half of my houshold Goods, the one Quarter of my Stock of Cattle of what kind or soart soever with the improvement of my Largest Room with the Chamber and Cellar during her Natural Life if she have occation for so much Room &C-


And my Will is that my Son Edward Shall take Care of and


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provide well for his Mother my Dear Wife Esther during her Widowhood and provide her fire wood meat Drink and tendance sutable both in Sickness and in health as She Shall have occation, which if my Said Son Edward refuse to doe or neglect the same, My Said Wife Shall have liberty to Improve and possess the one third part of all my Lands and the one half of all my stock and all my houshold Goods for her Support and Maintenance during the time of her Widowhood as above said-


gly My Will is that what Debts shall be owing from me at my decease and also funeral expences shall be paid by my five afore named Sons in Equal proportion, what Lands or Estate I have Given unto my said sons my meaning is that I Give and Bequeath it to them their Hiers and Assigns for ever, and if any Lands or Rights to Lands to mee belonging be not mentioned I Give to my said son Edward for ever at his dispose, and if there be any thing or things Moveable Estate not Mentioned I Give it to my Execu- tors to be Equally Divided between them


IOly I Do ordain and appoint my Wife Esther and my son Edward Executors to this my last Will and Testament and in Con- firmation hereof I have hereunto Set my hand and Seal This Twenty Seventh Day of December Anno Dom seventeen hundred and seventeen And in the Third year of King George his Reign over Great Brittain &c-


This Instrument was signed and sealed by Benjamin Shaw sn" and declared by him to be his Last Will and Testament In presence of us Witnesses


Samuel Shaw Thomas Ward Thos Crosbie [Proved Feb. 12, 1717/18.]


Benjamin Shaw [seal]


[Inventory, Feb. 10, 1717/18; amount, £1596.0.0 ; signed by Samuel Shaw and Thomas Crosby. ]


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JOHN TUTTLE


1717 DOVER


In the Name and Feare of God Amen


I John Tuttle of the Town of Dover In the Province of New Hampshire In New England Being Aged and Week of Body


Imprimis I give and Bequeth to my Son Ebenezer Tuttle Sixty Acres of Land Lyeing att Indigoe Hill Together with all that which is my Wright att the Midle Fall Lyeing Between Too Mills one the West Side of Salmon Fall River


Item I Give and Bequeth to My Tow Grand Sons Viz That is Thomas Tuttle and John Tuttle all my Lands flatts Creaks and Marshes which I am Now In Posession of Lyeing one the west Side of the Back River ajacent to the three Creaks to be Divided by a Cart Way which I have Stated to be the Dividing Line Be- tween Each Other Running Up from the South Side of the Midle Pint the Usall Place for Landing and Soe Up to the Barrs the South Pint of the fence, and Soe Up to the House Where Thomas Must Draw a Fence of Tewenty Foot against The House and from thence A Way thro to the Head of the Lands


Item All my Lands Creaks Flatts and Meadows Lyeing on the North Side of the Cart Way and Soe Down to the Creaks Mouth I give and Bequeth Unto My Grand Son Thomas Tuttle to Be had and hold By him and his Heris for Ever After the Deceace of my Sleft John Tuttle And he Yealding and Paying to his two Sister the Sum of Twenty Pounds That is ten Pounds a Peice In four Years After he is in Possesion of it


Item He Allsoe giveing a Quitt Clame to John Hayes and Petter Hayes For that Part which Lyes one the North Side of the Tolling Fall which was Sold by my Sleft and his Mother the Said Hayes


Item All my Lands which Lyes on the South Side of the Afore- said Cart Way Down to the Creaks Mouth I give and Bequeth unto My Grand Son John Tuttle to be had and hold by him and his heirs for Ever as Soon as his Grand Mother Dececed and not Before Yealding and Paying Tewenty Pounds In four Years after


.


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he is Pos'sed of the premises to his two Sisters that is Ten Pound to Each Sister


Item I Give to My Grand Son Nicholas Tuttle all my Lands on the Est Side of Dover Neck Lyeing and Being Betwen Lef- tenants Beards Land and Noeturs and the High Streatt Lying one the West and the River on the Est Together with 2 two Shires In Ox Pasture one the Point Swamp to Be held and hold by him and his Heirs for Ever after the Decese of his Grand Mother and not Before he Paying Twenty Pounds to his two Sis- ters In four Years after he is Posesed that is ten Pounds to Each Sister after ye Deced


Item I Give and Bequeth Unto my Grand Son Elijah Tuttle all my Land which Lyes one the North Side of Thomas Rob- erts Fronting the Roade which Leades to Cocheha Boardred with Thomas Roberts Land on the North of the Lane that Runs Down to the Creak on the South Side And More Fifty Acres of Land att Salmon Falls together with half ye quarter Part the Mill Standing one the West Side of Salmon Falls to be had and hold by and his Heirs for Ever Immeadetly after the De- ceace of his Grand Mother and Not Before he yealding and Pay- ing to his Sister Febey the Sum of Thurty Pounds In four Year after he is Posesed of the Premises


Item I Give and Bequeth unto my Grand Son Samuel Edgerley Forty Acres of Land Lyeing Up att Cocheha River as it will be Found In the Town Book of Dover to be had and hold By him and his Heirs for Ever as Soon as he Comes to ye Age of Twenty One Years


Item I give and Bequeth to Mary Tuttle my well Beloved Wife as Being my Sole Excecritris to this my Last will and Testament the use and Benefitts and Yearley Profitts of my Dewelling house Barne Orchard and Lands one Dover Neck Lyeing Between Nutters Land and hiltons Point together with the use and Im- provement of the Yearley Profitts of my Land Marches and Thatch Ground which I have Reserved to her Use Lyeing one the South Side of the three Creaks and allsoe the Yearley Prof-


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itts of my Part of the Saw Mill on the West Side of Salmon Falls and all my Moveable Goods Quick Stock' Ready Money Bills Bonds Dues. Debts and Demands what So Ever In any ways appertaning to Me In whose hands Soe Ever they May be found In the Use and Improvement of all and Singular of the Premises herein Mentioned Shall be att the whole and Sole Disposale of Mary Tuttle my well Beloved Wife for her future Comefort and well Being and for and Duering her Widdow hood after My Deceace and att her Marrage or Deceace To Return then to those as this My Last will and Testament is herein Mentioned.


Item I Doe Further Give unto my Son Ebenezer Tuttle my Dwelling house Barn and Orchards and the Land Belonging thereunto with three Shires In the Ox Pasture In Hilltons Point Swamp to be had and Hold by him and his heirs for Ever after the Deceace of his Mother Mary Tuttle and Not Before Yealding and Paying to his Sister Mary Wallingford the Sum of five Pounds In One Year after he Comes to be Possett of the Land Now In Provisoe he Should Dye without Marrage or not haveing any Male Heir and Lawfully Begotten of his Body then to Return to my Grand Son Nicholas Tuttle to him and his heirs whome I have Settled one my Land One Dover Neck and if my Son Ebinezer Tuttle Should have any Daughters Lawfully Begotten of his Body and noe Male Heir than the Said Nicholas Tuttle to Pay them a Portion as my Trustes or Judge Provise Shall think fitt if they Cannot Agree Such Leagues Not Exced- ing the third Part Giveing him time to Pay it In


Item I will Demise and Bequeth all my Personal Estate that is my House hold Goods & Chattels Bills Bonds Debts Dues which are to be Demaned after the Deceace of my well Beloved wife and not Before to My Three Daugthers Equally to be Divided Between Them And to This my Last Will and Testament I Doe Appoint and Consitue my well Beloved Wife Mary Tuttle as My Excecritis to be the Sole Manager Dureing her Natturall Life of the Estates Mentioned In this my Last Will and Testa-


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ment and att the Decece of my Said wife & I Doe Consitue and Apoint Leut Tristram Heard and Cap' Francis Matthew to then to be the Excet's and Managers of the Estates of this my Last will herein Mentioned and the Estates Paying them for there Trouble And to See that my Wife Mary Tuttle has a Christan Burial which Charge is to be Defraed out of the Moveable Goods as Money Bills Bonds Chatels and house hold Goods and them what is Left to be Equally by my Excet's A Bove Mentioned Amoungst my Three Daughters Reserveing to them Seleves fifty Shillings a piece for there Trouble




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