USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 1 1635-1717 > Part 9
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I' 'I give & bequcath unto Ann Rochell & Temperance Rochell my grandchildren my black coate to cloth them with all:
The remainder of my Estate my Will is that the one half thereof be to the only use & behoofe of my wife & the other halfe I give unto my daughter fudeth & her Three children she had by Rolt Rachell Equally to be divided between them my overseers taking sufficient securitie for the childrens part*
& for the better formance of this my Will I make my Loving wife Ann my Executrix, & desire and appoynt m' Joshua Moody & Elias Stileman to be my overseers, giving them as a token of my Love Thirtie shillings a peece, In Witness whereof I have hereunto set my hand & seale the 2d day of march 1681
Signed sealed &
John hart [seal] deliverd in p'nts of
witnis Phillip Wick [?]
signe of X Thomas Enion
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*
[The above section in Italics is cancelled, and the following appears in the margin : ]
All ye rest of my estate except w' is heereafter excepted I will my wife shall have the use of it while shee lives & w' shee leaves w" shee dyes shalbe divided betweene my Daught' & her 3 child" by Rachell, to each an equall share #vided yt if shee Marry shee shall have Id forever & ye othr two 3ds betw: ye sons aforesd #vided also that shee shall not unnecessarily wast or imbezzle any of ye sd estate 5. 7. 67
.
[Proved Sept. 18, 1667.]
THOMAS WIGHT 1665 EXETER
[Administration on the estate of Thomas Wight of Exeter granted to Israel Wight April 11, 1665.]
[Norfolk County, Mass., Court Records. ]
FRANCIS SWAINE 1665
[Administration on the estate of Francis Swaine granted to Nathaniel Weare April 11, 1665.]
[Norfolk County, Mass., Court Records. ]
JOHN LEGGETT 1665
[Administration on the estate of John Leggett granted to John Huggins April 11, 1665.]
[Norfolk County, Mass., Court Records. ]
WILLIAM BROAD 1665 PORTSMOUTH
[Administration on the estate of William Broad of Portsmouth granted to his son, William Broad, June 27, 1665.]
[Court Records, June 27, 1665, in Deeds, Vol. 2, p. 108 b.]
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RUTH DALTON
1665
HAMPTON
The Last Will and Testament of Mrs Ruth Dalton of Hampton Widow : Excectrix to the last Will and Testament of M' Timothy Dalton deceased : being sick and weake of body but firme of understanding and memory. Item wheras I have formerly Bar- gained and sold unto my Loving Kinsman Nathaniel Bacheler all my Houses and Lands as is specified in his bill of sale bare- ing Date The Twenty second day of March Anno 1663 or 64 I now Ratify and confirme to him and his heirs forever. It. my will is that the severall legacies mentioned in the aforesaide bill of sale be paide to the respective persons according as it is ther mentioned.
Item wheras I have formerly given to my Cousen Nathanell Batcheler fower oxen, & five Cows; I doe now by will Ratify and Confirme to him. Item I doe give and bequeath unto my Cousen Nath : Batcheler ; A feather bed & bedsted, fower blank- ets, A bolster, two pillows, two chaires, three Cushions, A paire of Andirons, A little Table, he paying unto my Cousen John Smith Junior the Summe of Ten pound. Item I doe give and bequeath unto my Cousen Deborah Batcheler wife to Nathanell Batcheler ; Inprim : two brass kettle, two pots, two platters, two saucers, one scummer, one spit, A basting spoon, A flock bed, and blankets ; all which goods she doth Already possesse for her use.
Item to Mrs Mary Carter wife to M' Thomas Carter of Oburne ; I doe give and bequeath my best bed and bolster, fower blankets and two pillows.
Item : I give and bequeath unto my cousen Samuel Daltons son Timothy, one trunk marked T and D.
Item : I give and bequeath to my Cousen Nathanell Batch- eler : one warming pan, one case of Bottles.
Item : for the remainder of my goods I give and bequeath . them to my cousen Deborah Smith :
And I doe by these presents make and Appoint my Cousen Nathanell Batcheler, and my cousen Deborah smith sole exce-
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qutors : to this my last will and Testament, and therunto I set my hand and seal, the eight day of the tenth month 1665
Signed and Sealed in the
Ruth X Dalton Her marke
presence of us witnesses
Seaborne Cotton X Robert Smith. [Proved Dec. 8, 1665.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass , Deeds, vol. 2, p. 73.]
[Inventory of the estate of Ruth Dalton, " Deceased : upon the 12 day of may Anno : 1666:" taken by John Sanborn, Samuel Fogg, and Henry Dow May 24, 1666; amount, £57.5.0.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. 2, P. 73.]
THOMAS HANSON I666
These .presents wittnesse that I Thomas Hanson Being in per- ffect mind & memory though weak in Body doe make this my Last Will & testament, ffirst I Bequeath my soul to God that gave itt & my body to ye Earth to bee decently Buried. My Will is thatt affter my debts are paid with my funerall Charge I doe give To my Loving Wife (duering her Naturall liffe or soe long as shee keeps herselfe a Widdow) all My housing with the Improved Ground thereunto Belonging at Cutchecho with all my Cattell and moveables withall my stuffe, she paying to my two daughters when they Come to the age off eighteen years old twenty pound a peece. But in case shee shall marry again then my will is that she shall have Butt one third off houses & improved Lands with all moveables and the other two thirds I give to my son' Tobias with all ye Rest off that threscore acres off Land ly- ing in Com'on & nott improved given mee in two grants ffrom ye Town one off fforty acres another off twenty acres all which affter my decease I Give to my son' Tobias, except whatt is Beffore
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given to my wife Likewise I Give to my son' Thomas thatt thirty acres off Land I Bought off William Hackett & thatt fifty . .
. off Land thatt I Bought off Capt Bearffoott with ffive pounds in Cattell. also I Give to my two youngest son's Isaac & Timothy ten' pounds a peece When they Come off age withe thatt six score acres of land Granted me By ye town & laid outt to mee Between ffresh Creek and Nechowoneck River Be equaly devided Between them and doe apoint my Loving Wiffe Mary Hanson my soule Exequetrix to see all this my Last will to Be perfformed and to pay outt all these Legacies when my Children Come off' age : outt off ye Chattells and if there is more in any Goods or Chattels or any bils Bonds or amounts due to mee ffrom any man affter my debts are paid and all ye abovesd Legacies. I Give & Bequeatth to my Wife with third off houses & lands to Bestow upon any off her Children that shall Be most Obedient as shee shall see Cause. in Wittnesse heroff I have putt to my hand & seale
signed seleid and deliverd I Thomas hanson (seal) in the presence of us Richard Walderne Samuell hale [Proved June 27, 1666.]
RICHARD BRAY I666 EXETER
[Administration on the estate of Richard Bray of Exeter granted to his widow, Mary Bray, April 10, 1666.]
[Norfolk County, Mass., Court Records.]
[Order of court, Oct. 9, 1666, that the estate be divided as fol- lows : to the widow, Mary Bray, besides one third of the house and land during her life, one third of the remainder for her use, and the use of the other two thirds for the maintenance of the two children, John Bray and Mary Bray, until he is twenty-one years old and she eighteen. The estate is placed in the hands of John Gilman, Moses Gilman, and Jonathan Thing, all of Exeter. ]
[Norfolk County, Mass., Court Records.]
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THOMAS WALFORD 1666 PORTSMOUTH
The last will & testament of Thomas Walford senior, being in perfect Memory though very sick & weake of Body : as follow- eth-
Imprimis I bequeath my Soule into the hands of Jesus Christ my redeemer from whome I Receaved it; and my body to be buried in the burying place neare mr Henry Shirburns ; and my estate as followeth : vizt.
ffirst I give unto my Grand child Thomas Walford : my now dwelling house, with all the out housing, orchard, garden & tillage ground now in use, with as much upland to it & next adjoying as will make up the whole one hundred acres with ten acres of Meadow or marsh grounds, and my old mare-
It: I give to my Grand child his brother Jeremiah Walford : ffifty acres of upland & foure acres of Marsh land-
It: I: give to John Peverly, a point of Marsh about halfe an acre, lying before his ffathers dore on the norther side of the Creek-
It. I give to my Grand child John Westebrook : twenty acres of upland, but not to come over the Creeke-
It. I give to Mary Hingson my Grand child, all my upland lying at the head of the Marsh formerly possest by my sonne in lawe Thomas Hingson, soe farr that way as my land containeth-
It. I give to my Grand child Mary Homes all my upland lying to, or neare the meadow or marsh that hir husband John Homes possesseth, not coming over the freshett-
It: I give to my daughter Peverly my Mare Colt-
It. I having Nine Cattell as steers Cowes & others I dispose of them thus, vizt. my wife Jane walford to have hir thirds out of them, & then to pay my Debts, & the remainder to be imploid towards the bringing up of my Grandchild Thomas Walford in learning at scoole-
It: Nine Swine I thus dispose of : I give one of the yongest Sowes to Martha Walford my Grand child-
one yong Sowe to Sara Jones my Grand child-
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one yong Sowe to Mary Savidg my grandchild-
one Sowe & one barrow to my daughter westbrook-
one ould Sowe to my daughter Peverly-
one yong one to my Grandchild Samuell Jones-
one yong one to my Grandchild Hester Savidg-
one Swine towards my buriall-
one yong one to John Homes-
It: my Corne about fifty bushells I allow towards my debts, & the remainder to be at the disposing of my executors for the benefit of the children-
It: my Servant : John Read, I dispose of him to my sonne in law John Westbrook for the time he hath to serve-
It. The rest of my goods, as houshold stuffe, clothing bedding, pewter, potts, yron work, tooles or any thing els I leave to my executors to be disposed of by them for the use & good of my children as they shall see meete & convenient
It: I doe herein except out of all my estate, soe disposed of by leagases, The one third part of all to my wife Jane Walford, & where it cannot be equally Divided in the same Kinde or specie, then to be valued & the full thirde thereof to be delivered to hir-
It: I doe appoint mr Henry Shirburne & Richard Tucker both of this towne of portsmouth to be my executors & to see this my will performed witnes my hand this fifteenth day of November, one thousand six hundred sixty & six .- memorandum : will Per- formed in the next line save one above is allowed before the siging hereof-
Thomas X Walford by his mark
witnes. Richard sloper
Nicolas X Doe by his marke
[Proved June 27, 1667.]
[Inventory Nov. 21, 1666; amount, £75.6.11 ; signed by John Sherburne, Richard Sloper, and William Seavey. ]
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The Deposition of Jane Walford Widdow aged 69 yeeres or there aboutes Testifie & Say that her husband Thomas Walford did give to Elizabeth Savidg his daughter a peece of marsh Lying between W™ Brookins & Mary Hincksons, & he gave it aboute 9 yeares before he dyed & it was com'only Called Bess Savidges Marsh & further I my selfe gave my consent, & further Saith not
Taken upon oath 27th June 67 before me
Elias Stileman Com'iss'
Vera Copia as attests
Elias Stileman Record"
[Court Records, June 25, 1667, in Deeds, vol. 2, p. 132 b.]
The Deposition of Jnº Homes aged 26 yeares or there aboute Testifieth & Saith that I heard my Granfather Tho: Walford say that he had given ye peese of marsh between Wm Brookins his marsh & Mary Hinckson her marsh unto Elizabeth Savidg for her Life & after her death to her daughter Mary & tooke a stone or a boult & putt up by ye marke tree & Said so far it should com, & I heard ye sª Walford say that he had given it as foresd severall times, & further Saith Not :
Taken upon oath 27 June 67 before me
Elias Stileman Com'is'
vera Copia according to ye originall as attests Elias Stileman Record" [Court Records, June 25, 1667, in Deeds, vol. 2, p. 132 b.]
The Deposition of Mary Brooken aged 32 yeares or there aboutes testifieth & Sayth that she heard her father Walford Give Unto Elizabeth Savidg a peece of marsh Lying between Will: Brookins & Mary Hincksons, & after ye decease of ye sd Elizabeth Savidg unto Mary Savidg her daughter & further Saith Not
Taken upon oath 27 June 1667
before me Elias Stileman Com'iss'
This is a true Coppie according to ye Originall as attests Elias Stileman Record"
[Court Records, June 25, 1667, in Deeds. vol. 2, p. 132 b.]
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The Deposition of Martha Westbrook aged 22 yeares or there aboutes
Testifieth and Saith that she heard her ffather Walford Say that . he Would give unto Elizabeth Savidg a peece of marsh lying between Will Brookings & Mary Hincksons and further Saith not Sworne ye 27 June 1667
before me Elias Stileman Com'iss'
Veria Copia as attests
Elias Stileman Record'
[Court Records, June 25, 1667, in Deeds, vol. 2, p. 132 b.]
In answer to ye petion of Widdow Walford The Court orders that her thirds of the Land of her deceased husbands be Layd out unto her according to Law & the will of her sd husband & that John Sherburne Phillip Lewis & Wm Cotten have hereby power or any two of them to Lay it out as abovs"
[Court Records, July 1, 1671, in Deeds, vol. 2, p. 181.]
The Humble Petic'on of Jeremiah Walford to the Honoured Councel now sitting at Portsmouth in the Province of New-Hamp shir March ye It 1680,
Humbly craveth yo' Honours, to take into considerations, and yield him redress in his present exigency. your Petic oners Grand- father Thomas Walford left him & his brother Thomas Walford deceased a bequeath of land, & made M' Henry Sherborn & M Richard Tucker exec't's, to see the performing of his will, the greatest part of which estate hath bin ever since in said Execut™s hands, and not made use on to the benefit of them, to whom it was bequeathed. yo' Peticon's father in law John Amazeen being his guardian, hath moved from Court to Court for redress therein : which is not yet accomplished. Therefore yo' Peticon" being of age, hath essayed to supplicate this Honoured Councel, to take cognisance of ye same, & grant him relief for the recovery of ye said estate ; Namely yo' Peticon's and Thomas Walford his brother deceased, to whose estate yo' Peticon" apprehends him-
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selfe to be the right heir, ffor which your humble Peticon' shal be yet farther obliged to pray for Your Honours prosperity.
Yo' humble Peticon" Jerem: Walford
Vera copia from ye Councel book Teste Ric" Chamberlayn Secrio.
[Misc. Provincial Papers, mss., vol. I, p. 4.]
The humble Petic'ons of Mary Musset & Martha More the Grandchildren of Thomas Walford Sen' deceased, to ye Honoured Councel now sitting at Portsmouth in ye Province of New-Hamp- shire, this 8th of March 1680.
Humbly sheweth, That your Honours would please to take into yo' considerac'on and give Order for ye disposing of ye estate of abovesaid Thomas Walford Sent ; which was given by him to his Grandchild Thomas Walford Jun' our brother, who was sud- denly taken away by death, not disposing ye same. In which estate we conceiv ourselves to have a share, but know not how to acquire ye same. Therefore do humbly fly to your fatherly Pat- ronage, that your Honours would please to yield us relief therin & p'scribe a way for the obtaining of the same. We your Peti- tioners heard our Grandfather Walford say in time of his life, that he gave above said estate to our brother Walford, as desirous that he should bear up his name ; and therefore conceiv, that he bear- ing such fatherly love to our brother, was not unwilling, that when our brother should leav ye estate his nearest kinred should succeed in it. We again & again therefore humbly sue to your Honours, to mind us in our streights, and redress what wrong may oppress us with all. Wherein we shal be yet farther obliged to pray for Yo' Honours prosperity, who remain
Yo' Hon's humble Petic'oners
Mary Musset. Martha More.
[Misc. Provincial Papers, mss., vol. 1, p. 4.]
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To the honoured President & Council now assembled at Portsmº in the Province of Newhampshire the humble Petitions of Jean VGoss Hanna Jones Mary Brookin Elisab: Savage, Sept: 7th 16SI.
Are, that whereas yor Petitioners father Thomas Walford deceased did in his will bequeath to Thomas Walford his Grand- childe ten acres of Marsh & four acres of Marsh more to Jeremiah Walford his Brother being part of a peice of Marsh belonging to Sagomore Creek. Now there yet remaining an overplus of Marsh besides what was given to ye sd Brothers. Yo' Petitioners humbly conceive the overplus to belong to je sd Walfords our fathers children. He himself likewise in his will ordering yt wt was overplus yt should be divided among his children ; ffarther our ffather Thomas Walford in his Will did give the thirds of his estate to our mother his wife without any Limitation, which estate we likewise conceive to belong to her children, she deceasing & leaving no other order. The ten acres also beforementioned given by our father to aforesd Tho: Walford, he dying without Will, we conceive to fall to our fathers children ourselves. We therefore humbly Petition this honored Council seriously to weigh & Consider of this our Case in all it circumstances that by yor aid & assistance our just due and rights in ye above things them- selves as also in regard of w* damages we have sustained in being kept from them so long may be obtained. Herein you will yet farther engage yr humble Petitioners to pray for yo' honours Pros- perity & so remaines your honors humble Petition's
Jean Goss Hanna Jones Mary Brookin Eliza Savage
[Misc. Provincial Papers, mss., vol. I, p. 12.]
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THOMAS KING
1666/7 EXETER
In ye name of God amen
I Thomas King of Exetur upon the River of Pascataqua in New England being of sound and fect senc & memory butt very weak of Body
Ist I Give & Bequeth unto Miriam King my Beloved wife for the terme of Her Naturall life my Dwelling House & barne and all the Houses being and standing upon my lott with all my lands and medows in the Towne of Exeter Excepting whatt I shall by this my last will otherwaies Dispose of and the same to bee and R[e]maine unto her Duering her Naturall life or her mariing to som other man & if shee shall Dispose of her selfe in marring that then shee shall Injoy onely one third partt of my houses & lands
2dth thatt after my wives Decease my sayd Houses and Lands in the Towne of Exetur medows & marshes & other priveledges & appurtinances I Doe by these p'sents Give & bequeath unto Jonathan Thing of Exetur & my Cossen Henery Moulton of Hamp- ton for the use & benefitt of his second son thatt shall live & Arive unto ye Age of twenty one years the one halfe of all. above written to him & his Heires & Assignes for Ever & the other Halfe unto Jonathan thing as is above sd his heires and Assignes for Ever
3th I Give and bequeath unto my Cossen Christian Dolhortt twenty Akers of Land in the towne of Exetur outt of thirty Ac[r]es lying from Henery Magoons land over Rockay hill to the bridg ward and two acres of the Swamp over the little River which is now Clered & made medow after my wives Decease or marriage
4th I Doe Give unto william willy my servantt fifty Acres of land which I formerly mised him & I Doe also Give him whatt further time I have in him by Covenantt
And for my Cattle & Houshold Goods & Debts and other mova- bles my Just Debts being first payd, I comitt the same to my wife Duering her naturall life or marring and in Case of mariage she
94
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to Injoy only one third partt of the same of which Debts my will is thatt John Moulton shall have ten pounds after my Deceasse towards his building a house & Christian Dolhort ten pounds when hee shall settle & build
And my will is thatt after her Decease the sd Estate of move- ables bee Devided into three parts or In Cause thatt my wife should Dispose of her selfe in marriag that then the two thirds shall bee Divided Acordingly viz one third #t unto my Coson Henery Moulton & one third partt to Jonathan Thinge and one third partt to my Cossen Christian Dolhortt if the sd Jonathan & Henery shall see thatt hee settle him selfe In some provable way of Good husbandry and the sd third partt together with the twenty Acres of land formerly mentioned to bee & Remain unto the first Child which hee the sd Christian shall have by my Cosson Rachell his p'sentt wife
And I Doe by these p'sents Nominatt & Appoint my loveing Cosson Henry Moulton & my Neighbor & Countrey Man Jona- than Thing to bee my law full Exequetors to this last will & tes- tementt who are to take Efectuall Care of my estate after my Decease and to see that whatt I leave to my wife may bee so mannaged & Improved as thatt my wife may live comfortably and thatt the sayd estate may nott bee wasted & Imbaseled and Itt is Intended thatt ye twenty Acres of land Given to Christian Dolhortt & ye fifty acres of land Given to william willy to bee to their use & Improvementt Emediately after my Decease and for the Con- fermation of this my last will and testimentt I the sd Thomas King have hereunto sett my hand & seale the Eleventh Day of March one thousand Six hundred & sixty & Six : 6: 7 Signed Sealled & Confermed Thomas [seal] King
in the p'sents of us as wittnesses Seaborne Cotton Samuell Dalton [Proved April 9, 1667.]
His marke & Seal.
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. 2, p. 8o.]
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[Inventory, taken by Samuel Dalton, Andrew Wiggin, and Richard Oliver April 4, 1667; amount, £396.18.10 ; signed and attested by Jonathan Thing and Henry Moulton April 9, 1667.]
[Essex County, Mass., Probate Files.]
HENRY ELKINS 1667 HAMPTON
I Henry Elkins of Hampton in ye County of Norfolk in new england being very aged weake & infirme of body but of sound & #fect sence & understanding : doe make this my last will & Testament as followeth
I give & bequeathe unto my loveing Sone: Gershom Elkins my dwelling house & out howsing being & standing, on my house Lott
It: I give unto my sone Gershom my house lott being ? esti- macon five acres more or less as it is liing between ye lott of Godfrey dearborn towards ye East & ye land of m' Hussey some- times Jefferie Mingays towards ye west to him & his heires for ever
It: I give unto my Sone Gershom Elkins two acres & an halfe of planting land liing between ye land of Tho: Levitt towards ye East & ye land of Henry Dearborn towards ye west more or less as it is
It: I give to my Sone Gersom, one share of ye Cows com'on according to ye true estimacon thereof as ye Com'ons are divided by ye towne
It: I give unto my Sone Gershom Elkins ye one halfe of my land of ye 2ª division at ye west end of ye towne called ye new plantacon being by estimacon forty acres more or less as it is
It: I give to my Sone Gershom my two Oxen & my Cowe & one calfe & my horse & all ye moveables in ye house & feild & he is to take care to im ?ve ye same & to vide for my comfortable livelihood whilst I am in this world
It: I give to my sone Eliezer Elkins my youngest sone five pound to be payd by mine Executor wthin a yeare after my de- cease
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It: I give to my Sone Eliezar, ye other halfe of my land att ye new plantacon being by estimacon forty acres more or less as it is
It: I give to my sone Eliezar ye two acres of marsh wch was purchased of Benjamin shaw as it is made sure to him by deed
And I doe make & appoint my Sone Gershom Elkins, to bee my lawfull Executor to this my last will & Testam' : who is to take care for my comfortable subsistance whilst I live & for my decent buriall att my death in a Christian manner & Costome : And for ye confirmacon of this my last will and Testamt I have herunto set my hand & seale ye 27th of Aprill 1667
Signed Sealed & confirmed Henry Elkins wth a seale to it in ye prsence of us Sam: Dalton :
Mehetable Dalton
[Proved April 9 and 13, 1669. ]
[Norfolk County, Mass., Deeds, vol. 2, p. 135.]
[Inventory of the estate, appraised March 27, 1669, by Godfrey Dearborn and Giles Fuller ; amount, £45.7.10.]
[Norfolk County, Mass., Deeds, vol. 2, p. 136.]
WALTER ABBOTT 1667
May the The last will & testament of Walther Abbot Senior, 15. 1667. being very sick & weak in body but in perfect mem- ory, declareth as followeth
Imprimis I bequeath my soule into the hands of Almighty God my creator from whome I Receaved it, and my body to the earth to be buried in a Christian & decent manner after my decease-
secondly I doe wholly give & bequeath unto my welbeloved wife Sara Abbott all my whole estate, as houseing lands, uplands & meadow, Cattell of what kinde soever, all my debts whether by bookes, bills, bonds or any other waies due to me, with all my goods of what Nature or condition soever to me belonging, both
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within dores & without, to be freely enjoyed by hir dureing hir naturall life, she paying all my just debts & paying the legasies after satisfaction of my Debts wch is as followeth-
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