USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 2 1718-1740 > Part 28
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Signed Sealed and owned In
Mark
the presence of
John X Sinckler his
Cartee Gilman Mark John X fullinton his
Mark
Margreat X Taylor her [ Proved Nov. 16, 1731.]
MOSES LEAVITT 1730 EXETER
In the Name of God amen The thirty first day of December in the yeare of our Lord one thousand Seven hundred and Thirty I Moses Leavitt of Exeter in the Province of new Hampshirew England being aged and feeble
Imprimus whereas I have formerly Given to my Eldest son Moses Leavitt fifty acres of Land Lying in Exeter near the Great Hill so Called Joyning to the Land of Samuel stevens also fourty five pounds in money I now Give and bequeath to my sd Son Moses Thirty six acres of my Part or proportion of the Common land allowed me by the Commatte that proportioned the Common
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Land for the Towne of Exeter aforsd which I designe to be his proportion of my Estate
Item I Give and bequeath to my son Timothy fifty acres of land where his house now stands upon a part it Joyns upon the Land of Justis Thing my son Timothy shall have the full halfe of that hundred acres I have there be it more or Less also I Give to my son Timothy fourty acres of Land being part of one hundred acres of Land Joyning upon the Robinsons Land and iny son Timothyes part shall Ly next to the Robinsons Land
Item I Give and bequeath to my son stephen the one halfe of four score acres of Land on that side where his house now stands be it more or Less lying upon deer hill plaine also the one halfe of my hundred acres Joyning to the Land I Give to my son Tim- othy on that side, Joyning to the little River
Item I Give and bequeath to my son Joseph fifty acres of Land Lying near the Great Hill between the land of Theophilus Har- dey and the Land of Jonathan Smith also Twenty acres of Land lying upon the south side of the Land I Give to iny Son Dudley between my son Dudleys Land and the Land of Justis Thing
Item I Give and bequeath to my son John whereas I have for- merly Given to him the one part or halfe of one hundred acres of Land be it more or Less bounding upon the Land of Capt Theoph- ilus Smith and the Land of wiliam Samborne deceasd and So to the cove and bounding on the cove my sd son John shall have the whole of sd hundred acres Provided he pay or cause to be paid the full sum of Thirty pounds To my Daughter Dorothy in money or Bills of Credit within the space of Three years after my dis- cease that is to say Ten pounds Each yeare untill the Thirty pounds be paid
Item I Give and bequeath to my son Dudley my home Lot con- taining Seven acres be it more or less with the house or houses and all the buildings upon the same which Land Lyeth upon the Road that leads to Hampton and bounded on the Land of Capt James Leavit on three sides also my Lot called Rockey hill Lott Containing three score acres be it more or less begining at the land
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of Capt James Leavitt on the Road that Leads to Hampton and runing by sd Roade to the Land of John foulsom Junier and run- ing by the sd foulsoms Land the whole of his Length and then runing Easterly to the highway that Goeth over walls cove or the bridge that is in the Roade that Leads to a plac Called and Knowne by the Name of Drinkwater and so bounding on the Creek and every part of the creek till it Comes to the Land of Capt Jonathan Wadleigh and bounding on the Land of Captain wadleigh and Docter Deane Till it Comes to the Land of Capt James Leavitt and by Capt Leavits Land To the Roade first mentioned also I Give to my sd son Dudley fourty acres of Land lying on the south side of the Land I Give to my son Timothy and wheras my son Timothyes Land is bounding on the Robinsons Land the whole lying to the westerly Ende of the land Given to my sons Timothy and Steplien also I Give to my son Dudley six acres And an halfe of salt marsh lying in Stratham Knowne by the name of the Little Roundaboute the whole of iny Rite there also I Give To my son Dudley iny part or proportion of the Common Land belonging to the Township of Exeter allowed me by the Commatee Exepting what I have before Given to my son moses and what I shall here- after Give to my Grandson Frances Liford also I Give and be- queath to my son Dudley Two fether beds and the one halfe of the moovables in or belonging to the house that I do not in this my will give to my daughter dorithy also I Give to my Son dudley my moovable stock all Exept such a part as I shall hereafter re- serve and Give to my daughter Dorothy Provided that my son Dudley satisfie and pay my Just debts and be at the Charge of my funerall and fully comply with and performe whatsoever here- after in this my will order him to do and performe
Item I Give and bequeath to my daughter Dorothy Thirty pounds in money or bills of Credit to be paid by my son John within three years after my decease that is to be understood Ten pounds Each and Every yeare till the Thirty pounds be paid also I Give and bequeath to my daughter Dorothy one Roome in my now dwelling house any Roomne that she shall Choose or see
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Cause to live in also what Land she shall see Cause to Improve for a Garden where she thinks most convenient also preveledge in the celler and in any of the Roomes of the house durein her naturall Life also I Give to my Daughter Dorothy one Cow and six sheep the one halfe of the swine that I shall Leave on the place and and one quarter part of the produce of the Corn and apples Grow- ing on the place or Lands also I Give to my Daughter Dorothy three fether beds also her mothers and her sister maryes Cloths both Linnen and woollen and of what Kind soever or any other woollen Cloth in the house also that what moovables I have not before in this my will Given away shall be equally devided be- tween iny son dudley and my daught" Dorrothy
Item I Give and bequeath to my son Dudley mny full Rite I have to a double sawmill in Exeter upon a creek that Goeth out of the main River to deacon willsons mill my part being five dayes in one fortnight Provided I do not dispose of it in my Life time And my will is that my son dudley shall not molest nor hinder his sister Dorothy from Liveing in the house as aforsd and that he Keep her Cow and other Creatuers for her both winter and summer and that he do the best he Can to Till the Land and Give to his sister Dorrothy the full quarter part of the produce both of Corne and apples Raysed or growing on the Lands and also to pay five pounds to each of iny other Daughters within four years after iny discease
Item I Give to my Daughter Elizebeth fifield five pounds to be paid within four years after my decease by my son dudley
Item I Give to my daughter Sarah Liford five pounds to be paid by my son Dudley within four years after my decease
Item I Give to iny Daughter Hannah Gillman five pounds to be paid within four years after my decease by my son dudley
Item I Give and bequeath to My Grandson frances Lifurd thirty acres of iny Common Land alowed to me for my proportion of the Common Land belonging to the Town of Exeter I the Sd Moses Leavitt do ordaine and appoint my Two sons John Leavitt and Dudley Leavitt to be my Executs to this iny Last will and testa-
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ment to see it fully and duly Executed according to the trew meaning of it and I do hereby disalow Revoke and disanull all and every Testament wills Legacyes and bequests and Executers by me in any wayes before Named willed and bequeathed Ratify- ing and Confirming this and no other to be my Last will and Testament In Witness whereof I have here unto set my hand and seale the day and yeare above mentioned
Signed Sealed and published Moses Leavit pronounced and declared by the sd Moses Leavitt as his Last will and Testament In the presence of us the Subscribers
Jeremiah Calfe James Young Benjamin Smith [Proved June 6, 1731. ]
[Bond of John Leavitt and Dudley Leavitt, with Benjamin Smith as surety, in the sum of £1000, June 16, 1731, for the settlement of the estate ; witnesses, George Walker and John Penhallow.]
WILLIAM PARKER 1731 PORTSMOUTH
In The Name of God, Amen
I William Parker of porthmouth in the province of Newhamp- shire in New England Letherdresser *
Impr My will is That all my Just debts and funerall Charges be paid out of My Estate by My Executers hearafter Named and in order to Solve which My will is that all My Tannyard with the Buildings therunto belonging : and all the Stock in Sd yard : & Tools & utensills be first sold-and if it shall Not hold out to pay my Debts then I Give all My Common Rights at Sandy Beach for
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the purposes above sd and if any Debts as afore sd shall Remain More then sd Rights will answer : then allso I give all My Right in Bareington for to answer the same-
Itein I Give unto Lydia my well beloved wife Twenty pounds To be paid out of my Estate by my Executers allso I Give her : the fifty pounds Now in the hands of our Brother Nath Hartt Sd Sums of money I Give unto her her heirs and assigns for Ever : allso I Give unto My sd wife the Improvement of my whol Estate for her Comfortable Subsistance During the Time shee shall Re- main my widdow
Item The Rest & Residue of My Estate Real personall & Mov- able That is not above willed away : att my Sd wives Marriage or Deceace : I Give and bequeath unto My four Children To be Equally Devided among them : To Each an Equall share to by them Their heirs & assigns Enjoyd for Ever And I Do hearby Constitute and apoint My Two sons William parker & John parker Only & Sole Executers of this My Last will and Testament and I Do hearby utterly Dissalow Revoke & Make Void all & Every foriner or other Wills & Executers by Mee in Any ways Made Or Named Rattefiing allowing & Confirming this and No other to be My Last will & Testamentt In Wittness Wherof I the Sd William Parker have Hearunto Sett My hand and Seal : Dated the Day of annoque Domini 1731
Signed Sealed published pro- William parker
nounced and Declared by the Sd
William parker as his Last will
& Testament in presence of us
John Addams hir
Katharine X Dennet mark Eph™ Dennet [Proved July 25, 1737.]
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SAMUEL SCRIBNER 1730/1 EXETER
[Inventory of the estate of Samuel Scribner of Exeter, Jan. 12, 1730/1 ; amount, £128.19.0; signed by Cartee Gilman and Samuel Judkins ; attested by the widow, Anna Scribner, May 18, 1731.]
[Administration on the estate of Samuel Scribner of Exeter granted to his widow, Anna Scribner, May 18, 1731.]
[Probate Records, vol. 13, p. 243.]
[Bond of Anna Scribner, widow, with Cartee Gilman and Sam- uel Judkins, both of Exeter, as sureties, in the sum of £400, May 18, 1731, for the administration of the estate; witnesses, John Penhallow and Jolin Cross. ]
[List of debts due from the estate ; amount, £76.10.10. ]
[License, Sept. 21, 1731, to the administratrix to sell real estate. ]
JOHN FROST 1730/1 NEWCASTLE
In the Name of God Amen I John ffrost of New Castle in the Province of New Hampshirew England Esq' having been by many repeated calls of Divine Providence put in Mind of ye Mor- tality of My Body, and the Uncertainty of this Life *
Ist I give and bequeath unto Mary ffrost my dearly beloved Wife all & Singular my Estate both Real and Personal of what Nature Kind or Quality soever, it be whether Houses, Barns, Ware- Houses, Lands, Vessels, Merchandizes, Goods, Wares, Moneys, Bonds, Mortgages, or Book Debts. And whatsoever else I am in Possession of and am entitled to at this Time, ( Except what Shall be hereafter given and Bequeathed unto my Children) to her own proper Use Benefit and disposal. And to Enable her to pay my
.
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Just Debts and Funeral Charges And to Support and bring up my young Children unto Such good Education Learning and Trades as She Shall think best with ye Advice of my Overseers hereafter mentioned. And I give her full Right and Power to Sell and dis- pose of any Part of my Real & Person1 Estate, (except what Shail be hereafter given) for ye Uses aforesd & for ye payment of ye Respective Legacys which in this my Will I have appointed for her to pay. And what Part of iny Estate Shall remain and be found not disposed of for ye Uses aforesd I give and bequeath unto my Said Wife for her own Use Benefit and Comfortable Maintenance, and to be disposed of as She Shall think best to her Heirs and Assignes forever.
2 dly I give and bequeath unto my Son William ffrost the House and Land about it that I bought of my Sister Abigail Fryer Decd and also ye New Warfe and Ware House on Said Land. As also y* Land I bought of John Cranch, & ye way that is reserv'd out of ye Land I Sold Peter Harvey As also part of ye Land bought of Thomas Marshalls Widow, beginning at ye North West Corner of Venards House & running upon a Straight Line till it come to Cristopher Fredericks Land. And also a little Pasture I bot of ye Revª Jeremh Wise to him his Heirs & Assignes forever. I also give my Said Son William ye Moiety or half of my Rights and Interest in and to certain Tracts & percells of Land and Meadow lying and being on Sheepsgut River betwene Sagadahock and Pemaquid wch I bot of M' John Witt & his Wife. I also give my Said Son ye one Sixth Part of my Rights in ye Common & un- divided Lands within ye Townships of Kittery & Bewick the Above Bequeathed Premises with all ye Priviledges and Appur- tenances thereunto belonging I give to my Sd Son William his Heirs & Assignes forever they being his Portion of my Estate.
3ly I give and bequeath unto my Son John ffrost a certain Tract of Land lying and being in ye Township of Kittery at a place called Stony Brook which Land I conveyed to my Said Son as by my Deed bearing Date ye Seventh day of Sept' anno Domini one Thousand Seven Hundred and Thirty. And wheras iny Said
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Son John Frost Mortgaged and made over ye abovesd Land to me for ye Paymt of one Thousand Pounds as by an Instrument in writing bearing Date ye : Tenth Day of November following ye aforesd Date : I do therefore by Vertne of this my Wil acquit and discharge my Said Son Jolin of and from ye Paymt of the Said one Thousand Pounds and declare ye Abovesd Instrumt or Mort- gage to be null and Void and my Self therwith Satisfied and Con- tented With this Consideration that he pay to my two youngest Daughters Jane and Dorothy Frost ye Sum of Three Hundred Pounds apiece in Money or passable Bills of Credit of New Eng- land when they Shall arrive to ye age of Eighteen Years or be Marryed. I also give my Said Son John ye House and Barn orchard with all ye Stock of Cattle Hogs And all other Living Creatures belonging to Said Tract of Land, together with all ye Carts Sleds Yoaks Chains & all other Instruments of Husbandry, And all ye Profits Priviledges Immunities Commodities Emolu- ments and Appurtenances belonging or in any ways Appertaining to Said Tract of Land to him His Heirs and Assignes forever. I also give to my Said Son John the one Sixth Part of all my Rights in the Common and Undivided Land within The Townships of Kittery & Berwick : to him his Heirs and assignes forever. The Premises being his Portion.
4ly I give and bequeath unto my Son Charles ffrost, the Moiety or half part of all my Right and Interest in and to certain Tracts or Parcels of Lands and Meadow lying on Sheepsgut River be- tween Sagadahock and Pemnaquid which I bought of Mr John Witt and Mary his Wife as by their Deed may appear. I also give my Said Son Charles ye Fourth Part of a Tract of Land lying and be- ing in Saco, wch I bought of M' Jacob Clark, as also the One Sixth Part of all my Land in E ist New Jersy which I bought of iny Bror Benjamin Peirce decd as by their Deeds may more fully appear. I also give my Said Son Charles the one Sixth Part of all my Rights in the Common and undivided Lands within the Town- ships of Kittery and Berwick. The above bequeathed Premises with the Priviledges and appurtenances thereunto belong unto my
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Son Charles his Heirs and Assignes, forever it being his Portion of my Estate.
sly I give and bequeath unto iny Three youngest Sons Andrew Pepperrell, Joseph, and George Frost, and to each of them in Severalty ye one Fourth Part of a Tract of Land lying in Saco which I bought of m' Jacob Clark, and also to each of thein ye one Sixth Part of all my Rights in ye Coinmon and undivided Lands within the Townships of Kittery and Berwick, to them & each of them in Severalty their Heirs and Assignes forever. I also give iny Said three youngest Sons one Hundred Pounds Apiece in Money or Such Estate as my Executrix with ye Advice of my Overseers Shall think best, and to be paid by my Executrix At Such Times when they Shall come to Lawfull age as She Shall think proper and Convenient, the Premises being their Portion
6 I give and bequeath unto my three Eldest Daughters, Sarah Abigail and Miriam Frost the Sum of Three Hundred Pounds apiece in money or Such Goods or Estate as my Executrix with ye Advice of my overseers Shall think best, and to be paid at Such Times after they Shall arrive to Lawfull age or be Marryed as my Executrix Shall think fit and proper. I also give my Said Eldest Daughters, to each of them their Heirs and Assignes in Severalty forever the one Sixth Part of all my Lands in East New Jersy wch I bought of My Bror Benjamin Peirce Decd these being yr Portion
7 I give and bequeath unto my two youngest Daughters Jane and Dorothy Frost the Sum of Three Hundred Pounds a Piece in Money or Passable Bills of Credit of New England to be paid by iny Son John Frost when they Shall arrive to Lawfull age or be Married I also give my Said youngest Daughters Jane and Dorothy and to each of thein their Heirs and Assignes in Severalty forever the one Sixth Part of all iny Lands in East New Jersy which I bot of my Bro' Benja Peirce aforesd the Premises being their Portion
8 My Will is that if any of My Children aforesd that are grown to Lawfull age, shou'd have any of my Estate before my Decease and they Shou'd be Charged with the Same in any of my Books
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of Accots that they be Accountable to and pay the Same to my Wife out of their own Portion after my Decease.
9 If any of my Children aforesd Shoud die without lawful Issue or without Lawfully disposing of their respective Parts or Portions of my Estate in this my Will assigned them; then and in such Case my will is that their Said Portion return to my Wife And She Shall Enjoy it as her own Estate, and dispose of it as She Shall think Proper. But if She die before then it Shall be divided amongst my other Children that Shall Survive or those that Shall legally represent them.
Io I do Ordain Constitute and appoint my beloved Wife Mary ffrost the Sole Executrix of this my Last Will and Testament de- siring her to observe, and Abide by this my Will. I do also desire my Well beloved Friends the Honble William Pepperrell Jun' Esq' Thomas Pierce and Joseph Simson Esqrs to be the overseers of this my Last will and Testamt praying them to Advise and Assist my Executrix in ordering and desiding all difficulties that may arise on any Accot about this my Will, and that any two of them may determine on the Same. I also desire my Executrix to give each of them a Gold Ring apiece in remembrance of me.
In Witness that this is my last Will and Testament I have here- unto Set my Hand and Seal this Twentieth Day of January in the Fourth Year of ye Reign of our Soveraign Lord George ye Second King of great Brittan France and Ireland Defender of the Faith &c : Annoque Domini One Thousand Seven Hundred and Thirty and One.
Signed Seale'd Published Pro-
Jnº ffrost nounced and Declared by the within named John ffrost as his last will and Testament In the Presence of us the Subscribers
Richard Jordan John Pearce Henry Trethefer Joseph Newmarch Simon Frost
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[Proved March 23, 1733.]
[Blank sheet of paper for bond, March 23, 1733, to fulfill the conditions of the will, signed by Mary Frost, William Pepperell, Jr., and Thomas Peirce ; witnesses, John Penhallow and Benja- min Gambling, Jr. ]
JOHN WIBIRD 1730/1 PORTSMOUTH
[Administration on the estate of John Wibird of Portsmouth granted to Richard Wibird of Portsmouth Jan. 22, 1730/1.]
[Probate Records, vol. 13, p. 251.]
[Inventory of the personal property ; amount, £226.16.7 ; signed by John Rindge and Joseph Simpson ; attested Dec. 1731.] [ Probate Records, vol. 13, p. 250. ]
JAMES LANGLEY 1730/1 DOVER
[Administration on the estate of James Langley of Dover granted to his widow, Mary Langley, Feb. 16, 1730/1.]
[Bond of Mary Langley, with Joseph Wheeler and Abraham Stevenson as sureties, in the sum of £1600, Feb. 15, 1730/1 ; witnesses, John Penhallow and Benjamin Gambling, Jr.]
[Warrant, Feb. 16, 1730/1, authorizing Capt. Francis Mathes and Joseph Wheeler, both of Dover, to appraise the estate. ]
[Inventory, May 12, 1731 ; amount, £1580.14.6 ; signed by Francis Mathes and Joseph Wheeler. ]
Articles of Agreement Indented and Made, Concluded and Fully Agreed unto, Coutracted, Subscribed, and Confirmed, The Fourth Day of April In The Year of our Lord, One Thousand, Seven Hundred, and Thirty Two ; and In The Fifth Year of The Reign
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of our Sovereign Lord George The Second, By The Grace of God King of Great Brittain, France and Ireland &c : Defender of The Faith : Between The Relict and Orphane-Children of The Late Deacon James Langley, of Oyster-River Parish In Dover, within The Province of New-Hampshire, In New-England, De- ceased Intestate, Each of The Parties Herein Specified as Follow- ing, Namely, The Widow Mary Langley, Their Mother Admin- istratrix on the One Part ; and on the other Parte her Children, James Langley and Thomas Langley, both of Age for themselves to Inherit ; The Next John Langley, and Job Langley, both of them Yet in their minority Under their Guardian Captain Francis Mathes ; and also the three Youngest in minority Named Samuel, Eldad, and Mary Langley, Under the Care of Their Guardian Deacon Joseph Wheeler : Each Party Agreeing, as Followeth, viz.
Imprimis, That The Said Widow Mary Langley Shall Have Special Propriety in, Hold, Use, Occupie, Possess and Enjoy peaceably & quietly, The Whole House She now Dwelleth in (Except the East Northerly Addition or End thereof) and her own Choice Of One Third Part of All, and of every One Portion of both The Real and Personal Estate of her Late Deceased Hus- band, the Said Deacon James Langley, During the Term Of her Natural Life ; For and In Consideration also of her honestly and Seasonably Paying One Third Part of the Debts justly Due from said Estate.
Item. That Their Said Eldest Son James Langley, Shall have for himself and his Heirs, The Said Eastern Additional End of the Said House so Excepted ; And also Two Thirds of all the Homestead Farm, and of the Land Bought of Samuel Williams, and also of the Barns or Hovels therein &c After his Said Mother The Widow hath previously made her first Choice of her Thirds of all the Said Homestead Farm, and Land Aforesaid, For and in Consideration also of his honestly and Seasonably Paying out, The Debts and Portions according to his Proportion of the Said Estate unto The Other children in Minority.
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Item That Their Second Son, The Said Thomas Langley and his Heires, (after his said Mother The Widow hath previously Chosen her Third Part thereof) Shall Have &c The Land or Place Called Rands. He likewise Paying His Proportion Of the said Debts, and of the Portions of the Other children in minority.
Item That The Third and Fourth Son, John Langley, and Job Langley, and their Heires, (after their said Mother The Widow shall have made her Choice first of any Third Part Thereof for her own Use during her life) Shall Have &c: The Land that was Bought of John Williams sent and of James Huckens, Consisting of about Ninety Acres more or less, all yt is now in fence Situate lying and Being On the South Westerly side of The Mast Way, Westward from the Farm of their Uncle Job Rennolds : To be Equally Divided for Quantity and Quality between them ; to be Possessed by Each of them successively when of Adult age; and In the Mean Time for their Benefit to be Under The Guardian- ship Improvement of The Said Captain Francis Mathes ; Out of Whose Said Estate of Lands-Value, & Product, must likewise be Payed their Proportions of the Said Debts, and of the Portions of the Other children in Minority
Item That The Other Two Thirds of The Personal Estate of Moveables Shall be Improved (for the Suitable Maintenance and Education of The Three Youngest Children in their Minority Namely Samuel, Eldad, and Mary Langley, untill they may Suc- cessively Come of Adult Age : ) By their Said Guardian Deacon Joseph Wheeler : And Then To Refund The Remainder of said Personal Estate to Each of said Minor Children as may then be justly the Due of Each of them, in as Equal Proportion as Possible ; After Each of the Said Guardians may be Justly and Seasonably Recompenced for His Proportionable Time Trouble and Care in Such A Faithfull Stewardship as herein may be Requisite and Expedient.
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