USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 2 1718-1740 > Part 3
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Signed, sealed, and declared by the Said Joh Muchemore as last will and Testament in the pres- ence of us the Subscribers.
Edward Golld Joshua Moodey her Ruth X Carter mark [Proved June 3, 1718. ]
his
John X Muchemore mark
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NEW HAMPSHIRE WILLS
[Inventory of the estate of John Muchmore, who died in Feb- ruary, 1717/18 ; amount, {258.15.0; signed by George Blagdon and Nathaniel Lord.]
JAMES DUDLEY 1717/18 EXETER
In the name of God Amen. I James Dudley of Exeter in the Province of New-hampshire in New England, being weak of body
Item I give to my well beloved wife Elizabath Dudley the whole of my estate both personal and real to be for her own use, and benefit and at her own dispose.
Finally my will is and I do hereby appoint my aforesaid wife Elizabeth Dudley iny Sole Executrix to this my last will and Testament, hereby revoking Disanulling and making void all former wills and Testaments by mne heretofore made. In witness whereof I have hereunto Set iny hand and Seal This twelveth Day of February in the year of our Lord one Thousand Seven hundred and Seventeen or eighteen and in the fourth year of his Majesties Reign.
Signed, Sealed & owned in pres-
James Dudly
ence of us
John Odlin
Nich : Perryman
Niches Smith
[Proved Dec. 7, 1720.]
JOHN STANYAN 1717/18 HAMPTON
In The Name off God, Amen.
I John Stanyon off Hampton in his Majesty's Province of New Hamshire In New England, being antient & weak In body,
2dly | I give and bequeath unto my Beloved wife Mary the one half my Dwelling house, (viz) the New End together with the East
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End of the old house with the one half of all my buildings ; one half of my orchard & Garden with the one half of my home Lot (viz) that Half which Is hereafter mentioned to be given to my Son Jacob ; with the one half of my Pasture ground ; and the one half of my meddows & Marsh Ground, which Lyes on the North Side ; that Is hereafter mentioned to be given unto my Sª Son Jacob, Lying both on the North & South Sides off the falls River, with two oxen, three Cows, two Swine, and Six sheep ; with all my household goods ; Excepting one bed and furniture, which I give unto my Grand Daughter Anne Stanyon the Daughter of iny son James to whomn also I give one cow provided she Lives with her Grandmother till her Grandinothers Discease; then the Sd Anne to have both furniture & cow Deliverd to her by my Executr that Shall then Survive And all Above written as to my wife, she is to possess and Improve During her widdowhood & no Longer ; and then to be disposed off as is In my will hereafter mentioned.
3ly| I give and Bequeath unto my Daughter Mary and unto her heirs for Ever Thirty Acres off Land be the Same more or Less Lying within the Bounds off Exiter wher my Son In Law Theoph- ilus Smith now dwells Together with a Legacy of twenty five pounds besided what she hath already Receivd to be pd to her In convenient time after my Discease as Is more fully hereafter Expressed ; and a Quarter part of my Land att the New Plantation so called ; for her and her heirs for Ever to Enjoy and Possess.
4ly| I give and Bequeath unto iny Son James Stanyon the one half off my house Lott being the westerly End; The bounds to begin att the North Side & So to Run across the Sd Lott att the cross fence, with all my Land In the North Division So called ; also four acres of Marsh ; Joyning to the Marsh off Capt. Jacob Green, with an Island off upland of about one Acre Lying In the Sd Marsh; and Six Acres off Marsh Lying next the Marsh formerly capt Christopher Huzzeys Decesd ; And Likewise five Acres of Marsh I Bought of Wymond Bradbury, accounted formerly to Lye In Salis- bury bounds ; As also three Acres of Marsh Lying In halls farme ; be the severall peices more or Less; and one Share In the cow
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common which I have given him a deed of Gift for ; And two Shares In the Little River Marsh ; And one third part of my Tooles and utensels for husbandry and carpentry; all which Land & Marsh I give unto my Son James before named During his Natural Life and During the Natural Life of Anne his wife ; and after ther Discease my will is that my sd son James so order the Disposal off It, that It go not out of the family and Name off the Stanyons.
5ly| I give and Bequeath unto my Daughtr. Mehitable besides what she hath already had a legacy off twenty five pounds ; as also one Quarter part of my Land att the New plantation So called ; for her and her heirs to Enjoy the Same for Ever. And also my Silver Tankard I give to my Daughter Mehitable after My wives discease ; She paying to my Daughter Elizabeth the Sum off five pounds money.
6ly | I give and bequeath unto my Daught" Elizabeth besides what I have already Given her, A Legacy off twenty five pounds ; as also iny great Brass Kittle, for her and her heirs for Ever .- All which Legacyes In this my will are to be pd In convenient time after mine and my wives Discease ; and Itt Is my will that the household goods be Equally Divided among my three Daughters, so farr as they will pay part of the Above mentioned Legacys ; and the Remayndr Pd In good inerchantable pay In convenient time after mine and my wives Discease, as above Sd
zły :| I give and bequeath to my son Jacob Stanyon my homesteed, being the other half of my home Lott as It is bounded upon my son James across the Lott as it is before mentioned west- wardly, together with all my houses, all my buildings, orchards, Gardens, with all appurtenances and appendents, any ways unto the same belonging, or Appertaining, as also all my Pasture ground Runing along by, and Joyning to my Meadow and Marsh, Lying on the North side the falls River ; As also my Meddow and Marsh Ground Lying on the North side the falls River abovesd be the saine thirty Acres more or Less; And Likewise I give unto him iny sd son Jacob iny Marsh on the south Side the falls River not already disposed off; Except four or five Acres I give to my
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Grandson John Sylly be the whole peice twenty Acres more or Less ; as also two shares In the cow commonage. All which I give to my son Jacob During his Natural Life, to possess one half Immediately after my Discease, and the other half after the Death or Marriage of iny Sd wife his Mother my Sd wife Mary to pos- sess the other half During her Widdowhood I also Give unto my Sd Son Jacob the Abovementioned, houses Lands and commonages During his Natural Life, and unto his Male heirs ; and for want off Male heirs ; Then unto the Male heirs of James Stanyon So as that the Lands do not go out of the Name and family of the Stan- yons by any conveyance, alienation, or Assignmt whatsoever ; But Iff It should so happen that my son Jacob should Dye without A Male heir off his body Lawfully begotten, so that the Land should come to the heirs of James Stanyon as above sd that then In that case the sd James my above sd son shall pay to the Daughters of Jacob the full two thirds of the value of the houses and Lands above mentioned, before he or they Shall take possession of the same ; and It is my will that Let It fall to Either of my Sons ; they nor Either of them Shall not any ways Mortgage, alienate, or convey by any Instrum whatsoever, any part, or parcel of the above sd Lands Marshes or commonages; but that It be and Remayne for Ever to the use, and Injoymnt of the inale heirs of the Stanyons .- I also Give To iny Son Jacob all my stock be the Same Neet Cattle Horses; sheep swine, or whatsoever Elce, Except the two oxen and three cows, two swine and six sheep my wife Is to have the use off During her widowhood as abovesd ; and after to Return to my Sd Son Jacob, or any other thing not otherwise disposed off. I likewise give unto my son Jacob one third of my Tools and utensels for husbandry and carpentry, as also the one half of my money, and Debts to me due, and the other half I give unto iny wife Mary, he my sd son Jacob paying all my Just Debts and funerall charges, and Legacyes In convenient time after my Discease as before mentioned ; viz the legacyes to be pd after my wives Decease In good pay att money price.
8ly: || I give and bequeath unto my Grand Son John Silley that
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peice of Marsh Robert Row used severall years to mow ; and the peice of Marsh my son Jacob used to mow both peices containing about four Acres be the same more or Less ; and also the Lott off Land I had of Nathl weare Jun' being a Lott In the second west Division so called, be the same twenty Acres more or Less as It is Layd out being the sixty Eighth Lott In Number As also one Lott more bounded upon the Land of John Prescut Northward, and the common land Southward ; but In case this last lott above men- tioned be kept from iny sd Grandson by his father, or by any undr him then It is my will that the Sd John Sylly shall have & Enjoy that Lott off Land I had of Sam" Tilton Lying In the Second west Division be the Same twenty Acres more or Less : he paying to Joseph Stanyon the Son off Jacob the Sum off twenty pounds money, or moneys worth when he the Sd Joseph Shall come to the Age of twenty one years Also I give to my abovesd Granson John Silley one whole share In the Cow common, and one third part of my Tools and utensels for husbandry and carpentry, to him and his heirs for Ever.
gly: || Item I give and bequeath unto my Grandson John Stanyon son of James Stanyon iny share or Lott off Land In the first west Division so called, be the Same forty Acres More or Less, for him and his heirs for Ever.
IO : ly | All the Remayndr of my Land or Right to lands howso- ever, or wheresoever not before disposed off, I give and bequeath unto my son Jacob, and unto his heirs for Ever att his Disposal ; he my sd Son Jacob paying all my Debts, legacys and funeral Expences as before mentioned.
II : ly| It is my will that Iff my grandson John sylley will Look after his Grandmother During her widdowhood, finding her wood cutting and Drawing her hay and be helpfull to her as she shall have occasion ; then he the sd John sylley shall have half the Income of her half of iny Estate; besides what she shall have occa- sion for, for her own use and comfortable Subsistance.
I2ly : I Do ordain & appoint my beloved wife Mary and my son James, and my son Jacob Executrix, and Executrs of this my
.
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Last will and Testamt; In confirmation of all which I have here- unto set my hand & seal this 13th Day of February Annoqu Dom. seventeen hundred seventeen & Eighteen ; and In the fourth Year of King Georges Reign over Great Brittain &c
This Instrument was signed & John Stanyan
Sealed by John Stanion & by hin Declared to be his last will and Testamt. In presence of us witnesses.
Jethro Tilton Abner : Sanburn
Samuel Blake Theophilus Cotton
[Proved Dec. 3, 1718. ]
[Inventory, Nov. 24, 1718 ; amount, {1267.4.0; signed by Peter Weare and Samuel Shaw.]
ANTHONY LIBBY 1717/18 HAMPTON
In ye name of God Amen ye Twentieth day of february 1717/18 I Anthony Lebe of Hampton in ye province of Newhampshire in New England farmer being very Sick and weak in body *
Imprimis I give and bequeath to Jane my Dearly beloved wife iny orchard those trees yt are mine iny pasture as farr as ye barn & my great bason one Cow & ye white faced heifer & thirty pound in money and iny great pot & apeice of sarg in ye Chest four sheep & pasureing ye west End of my hous all During her widdow hood and no Longer-
2ly I give to my well beloved son Abraham Lebe a Calf and his Son Joseph one sheep-
3ly I give to my well beloved son Isaac Lebe two sheep & one half of my Cove of marsh-
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4ly I give to my well beloved daughter sarah six pounds money-
5ly I give to my well beloved Daughter Mary six pounds money-
6ly I give to my well beloved Daughter Hannah twenty shil- ling money-
ly I give to my well beloved Daughter Jane my brass Kettle and ye Red Mantle and two sheep and a cow yt is ye cow on marriage day-
Sly I give to my well beloved son Jacob Lebe whom I Likewise Constitute make ordain my sole Executer of this my Last will and Testament all and singular of my houses Edifiecies Lands messu- ages both Real and persenal Except wt is above Disposed of in ye order as it is to be performed by him and after my deceas to be by him freely posesd and injoyed And I Do here by utterly disalow revoke and disanull all and every other former Testament will Legacies and Bequests & Executr by me in any ways before named willed and bequethd Ratifieng & Confirming this and no other to be my Last will and Testament in witness where of I have here unto set my hand and seale ye day and year above written
Signed Sealed published pro- mark
nouncd and Declared by ye Sd Anthony Lebe as his Last will and Testament in ye presents of us ye Subscribers
Anthony X Lebe his
Thomas ward Robert drake Sam11 Chapman [Proved March 5, 1717/18.]
[Inventory, signed by Jabez Dow and Richard Jenness ; amount, £285.4.0; attested by Jacob Libby, executor, March 5, 1717/18.]
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JOHN CUTT
1717/18 PORTSMOUTH
[Administration on the estate of John Cutt of Portsmouth granted to his widow, Elizabeth Cutt, and Samuel Penhallow Feb. 23, 1717/18.]
[ Probate Records, vol. 9, p. 150.]
[Inventory, March 5, 1717/18 ; amount, £1018. 14.0 ; signed by Ephraim Dennett and Thomas Peirce. ]
[Warrant, Dec. 5, 1719, authorizing Samuel Penhallow and Elizabeth Cutt, administrators, to sell real estate, the estate being insolvent. ]
WILLIAM COTTON JR. 1717/18 PORTSMOUTH
In the Name of God Amen
The twenty Seventh day of ffebuary In the Yeare of our Lord one thousand Seven hundred And Seventeen : I William Cotton Jun' of the Town of Portsmouth In New Hampshire In New England Tanner Being Sick & weak of Boddy *
Item : I will & Demise, all my Personall Estate, Goods & Chattles whatsoever, unto my well beloved wife Elizabeth for the bring up my Children : And alsoe all the Incom & Profits, of all my Estate whatsoever : untill my Eldest Son John Cotton, attaine to the Age of twenty one years
Item my will Is that when my Said Son John Cotton attaines to the age of twenty one Years, he Shall have the one halfe of this my Humstead & halfe the Tanyard & Stock: Equall with his Mother & after his Mothers Decease then to have the whole place & Tanyard Stock to him his heirs & Assignes for Ever : And Alsoe when my Said Son John Attaines to full age then to have the two third parts of all my Land att Sagamors Creek And Alsoe two third parts of My Land where Charles Brown Now Lives : and al- soe two third parts of all My Land on Both sides the Road to Break- fast Hill from Randles farm be the Same More or less : & alsoe 2
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two thirds of the Island I Bought of Alexander Miller : And two thirds of that p'ce of Land I Bought of thomas Berry of Greenland that was formerly Eliza Harvys The Said Humsted Affter his sd Mothers Decease And the two third parts of all the before sd #cells of Land And Island to be to my said son John Cotton (affter he attaines to full age to him his heirs and Assignes for Ever he paying two third parts of the sum of foure hundred pounds to his sisters as they Come of Age
Item I will & Demise the one third part of the Island within mentioned : & one third of all the cells of Land within men- tioned (excepting the Humsted) and all the pasture above Sollo- mon Cottons (affter my wife Decease) unto my son Wm Cotton : to him his heirs and Assignes for Ever: when he attaines to the age of twenty one years he paying one third of the sumne of foure hundred pounds to his sisters as they Come to full Age (he to have the pasture above Sollomons after his Mothers Decease
Item I Give & Demise to iny foure Daughters the sume of one hundred Pounds Each : to be paid two thirds of It by theire Eldest Brother John Cotton as they Come to full age : And one third of said sume of one Hundred pounds to Each sister as they Come of Age to be paid by theire Brother William Cotton :
Item my further will is that if Either of my sons Dye before lie attaines to full age or without Issue; that then his part as above Shall Descend or goe to his Brother yt Survives : and he Shall pay to his sisters the sume of Six hundred Pounds to be Equall Divided betwene the sisters And if Either of the sisters Die before full age or without Issue then the other sisters to have her part Equally Divided betweene the11
I alsoe Desier that in Case of my wifes Decease or Sickness that these three #sons Viztt Thomas Westbrook Esq' Stephen Green- leaf & Samuell Banefeild all of Portsmouth : they or Any of them : to See this my will fulfilled :
Item : I Doe by these presents Constitute make And ordaine my well beloved wife Elizabeth to be Sole Executricts of this iny Last will And Testament : And I Do hereby utterly Disanull Disallow
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and Revoak all & Every other former Testaments wills Legacies & Bequests & Executors by me in Any wise before Nained Willed and bequested Ratifying allowing & Confirming 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 Mentioned-
Sign'd seal'd & Declar'd By the Wm Cotton Juner
Said William Cotton Jun' to be his
Last will & Testamt, In #sence off us
Josiah moses John nelson James Jeffry [ Proved May 7, 1718.]
[Bond, in blank, signed by William Cotton, William Seavey, and Abraham Jones ; witnesses, Benjamin Gambling and Paul Gerrish. ]
PETER FOLSOM 1717/18 EXETER
[Susanna Folsoni, the widow, renounces administration March 4, 1717/18, and asks that her son, John Folsom, be appointed. ]
[Administration on the estate of Peter Folsom of Exeter granted to his son, John Folsom of Exeter, March 5, 1717/18.
[ Probate Records, vol. 9, p. 159.]
[Blank sheet of paper for bond, signed by John Folsom, Moses Leavitt, and John Pitman. ]
[Inventory of the estate of Lieut. Peter Folsom of Exeter, April 18, 1718 ; amount, £974.3.3 ; signed by Moses Leavitt and Joseph Tilton ; attested by John Folsom June 4, 1718.]
Articles of Agreement made Indented and Agreed upon this twentieth day of July Anno Domini one thousand Seven hundred
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and twenty between the widow and children of the late Lieutenant Peter Foulsham of Exeter Deceased. And it is agreed upon by the parties abovesd : viz Susanna Foulsham widow John Gilman Esq' Guardian to the children of Peter Foulsham Jur John Foulsham, Benja Foulsham Sam" Sanbourn and Elizabeth Sanbourn, Caleb Gilman and Susanna Gilman Joseph Thing and Mary Thing. That the widow Shall have her thirds of Dowry which according to Inventary we find to be £289 : 65 : 8d as follows viz-
The house, barn, orchard, and the midle part of the } { sd lot containing thirteen acres and three quarters 5 61 : 5:0
Ten Acres of land between the meadow and the 17 : 10 -- O home place-
Twenty three acres and and an halfe of Salt marsh ) 117: 10-0
at Hampton-
The Sixteenth part of a Saw mill at Lampereel 15-00-0 River-
The 431: IS : 8d to be made up in land over the )
43: 1-8
Cove as prized
One third part in the home place and marsh at
Hampton which belongs to Peter Foulsham Ju's heirs, all during life
That the children of Peter Foulshamn Jur Shall have the two Sevenths of the home place their part lying on the west Side And likewise they shall have the two Sevenths of the hundred acres lying on the South side of the Cove Their part to ly at the west end adjoyning to the way that leadeth to the South tree-
And to have one third part of the Indian field, they to have their third on the west Side next to James Dudleys-And likewise their proportion of the three hundred Acres of land up countrey
It is likewise agreed that Sam" Sanbourn have liis part of the Indian field next to the children and Benja Foulsham his Sixtli part next to him and that Caleb Gilmn have his Sixth part next to hiim, and Joseph Thing his Sixth part next to him
It is likewise agreed upon that the Remaining part of the three hundred Acres of land up countrey be equally Divided between
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Benja Foulsham, Sam" Sanbourn Caleb Gilman Joseph Thing- And That John Foulsham Quit his right in the Indian field and in the 300 Acres of land up countrey for the land he lives on Given by a deed of Gift from his father.
It is likewise agreed That the Lot that was Teag Cartees Shall be divided among them all according to proportion, and likewise the Saw mills and the Marsh at Hampton
It is likewise agreed that the house and barn and Orchard Shall ly 'till the Widows decease and then to be prized by Indifferent men and they on whose land they stand to pay according to Apprizement-
It is likewise agreed that the Meadow up Country Shall not be Divided yet-
It is likewise agreed that the widow shall have her third part during life of the two Sevenths of the land belonging to the Child- ren of Peter Foulsham Jur not before mentioned-
In witness whereof we the abovesd parties have hereunto Set our hands and Seals the day and year above mentioned .-
Signed Sealed and Owned in presence of us-
John Odlin Elizabeth Odlin
John Gilman her Susanna X Foulsham mark his John J F Foulsham mark his
Benjamin X Foulsham ınark Samuel Sanborn
Calleb Gillman
Joseph Thing her
Elizabeth X Sanbourn mark
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her Susanna X Gilman mark her Mary X Thing mark
[Acknowledged Feb. 25, 1723/4, by Elizabeth Sanborn, Sus- anna Gilman, Mary Thing, and Catherine Folsom, administratrix to the estate of Peter Folsom, Jr., of Exeter. Allowed March 4, 1723/4.]
An Agreement made Concluded and agreed upon this 16th day of April Anno Domini 1737 By and between Lieut John ffoulsam, Caleb Gilman and Susanna his wife Benjamin ffoulsam (John ffoul- sam Jun' Peter ffoulsam & Katherin ffoulsam Sons and daughter of Peter ffoulsam Jun' late of Exeter in the Province of Newhampr deceas'd) all of Exeter aforesd and Samuel Sanbun of Kingston in the Province aforesd and Elizabeth his wife for the Division and perpetual Settlement of that parte of the Estate that Lieut Peter ffoulsam late of Exeter aforesd deceas'd dyed Seiz'd of that is herein hereafter mention'd Imprs The Parties aforesd for themselves and their heirs agree that John ffoulsam Jun" Peter ffoulsam and Kath- erin ffoulsam aforesd heirs to Peter ffoulsam Jun' aforesd deceas'd and their heirs and assigns forever Shall peaceably and quietly have hold possess and enjoy in Severalty to themselves the first Lott in the Homestead in Exeter aforesd that Lieut Peter ffoulsam aforesd dyed Seiz'd of wch Lott lyes on the westerly Side of Sd Homestead and is Sixteen rods in bredth on the Northerly end adjoyning to the Countrey road that leads from Exeter to Hamp- ton and twenty two rods and halfe in breadth on the Southerly end, as also the first Lott in Perkins Marsh So call'd in Hampton inn the Province aforesd lying on the East Side of Sd Marsh and Con- tains about two acres & halfe being nine rods and four feet in bredth as also the third Lott in the aforesd Marsh being about two acres and halfe more and is ten rods Seven feet and halfe in bredth
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as also the Second Lott in the twelve acre Lott in Husseys meadow So call'd in Hampton aforesd being twenty rods and twenty inches in bredth, as also the Second Lott being about two acres in the little Lott in Husseys Marsh in Hampton aforesd call'd the eight acre Lott & is twenty four rods and four feet in bredth, as also the third Lott in the twelve acres in Exeter aforesd that Lieut Peter ffoulsam aforesd deceas'd bought of Philip Carty lying on the westerly Side of Lieut John ffoulsamis lott in Said twelve acres beginning two rods at the Northward of Benjamin ffoulsams lott and then runs Northerly four rods ten feet and two inches in bredth till it comes to the lioinestead aforesd, as also the first Lott in the one hundred acre Lott in Exeter aforesd lying on each Side of Walls Cove So call'd lying on the westerly Side of Sª Lott adjoy- ning to the way that leads to Kensington and is thirty five rods in bredthi at the South end and forty rods at the North end including the aforesd way And the parties aforesd agree that Lieut John ffoulsam aforesd & his heirs and assigns forever Shall peaceably and quietly have hold and enjoy in Severalty to themselves the first two acres lying at the Easterly end of the aforesd twelve acre Lott in Husseys meadow aforesaid as also two acres and halfe more lying at the Westerly end of Sd meadow bounding Westerly on Benjamin ffoulsam aforesd his four acres & halfe in Sd meadow and is twenty Six rods eight feet & halfe in bredth as also in the home- stead aforesd Eleven rods in bredth from the Countrey road aforesd to the South end of Sd homestead adjoyning to his own land on the East Side as also the one fifth of what remains of the aforesd homestead between the aforesd Benjamin ffoulsams Eleven rods in bredth in Sd homestead and the heirs of Peter ffoulsam Jun' aforest as also the Second Lott in the aforesd Lott of twelve acres bought of Philip Carty beginning at the Northerly End of Benja- min ffoulsams Lott and lyes on the Easterly Side of Sd twelve acres and to run Northerly to the aforesd homestead Seven rods Six feet and four Inches in bredth as also the Second Lott in the afores" one hundred acre Lott in his own right & in right of Joseph Thing of Exeter aforesd & Mary his wife & Samuel Sanbun aforesd
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