Probate records of the Province of New Hampshire Vol. 2 1718-1740, Part 32

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our fathers Edward Cates Estate Wittnesses our hands & Seales-


Edward Cate Wm Cate Joshua Cate Jonathan Weeks her Elizabeth X Weeks


mark Tucker Cates her Bridget X Dunnavan mark her Elizabeth X Cate mark James Cates Margrit wyatt


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THOMAS HALL 1732 DOVER


[James Hall, oldest son, renounces administration on the estate of his father, Thomas Hall of Dover, in favor of another son, Thomas Hall, Sept. 2, 1732, the widow also declining to act. ]


[Bond of Thomas Hall, with Francis Mathes and Jonathan Chase, both of Dover, as sureties, Sept. 2, 1732, for the adminis- tration of the estate; witnesses, Benjamin Walton and John Penhallow.]


JOSEPH CLOUGH 1732 KINGSTON


A Copy of what was declar'd and deliver'd by Joseph Clough of Kingston a little before his death, his Speech So failing him, as that he was not Capable of Making a will.


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NEW HAMPSHIRE WILLS


This Instrument May Serve to Certifye And declare that I Joseph Clough of Kingston being apprehensive that God is about to take Me away from My children by death, I putting Much trust and confidence in My beloved friends, My brother Cornelius Clough, and My Neighbour William Buzzel do commit My children to their Care and Inspection, And do Impower them to take the care of them to See that they are at present provided for, and according as prudence shall direct to take care for their bringing up, Impower- ing these two My trusty and beloved friends to put them out into good families where they May be well brought up as in their prudence they shall think convenient when they come to be capa- ble to go forth to Trades In the Mean time taking care that they May be comfortably and carefully provided for by the Income And Improvement of My estate, this is what I think convenient to do as to the disposing of My Children, And do now Ratifye and declare this, And have hereunto Set My hand and Seal being in Rational capacity So to do, this twelfth day of october Anno Dom. 1732.


Sign'd, Seal'd, & declar'd In Joseph Clough


presence of


Ward Clark


Eben. Webster


[Administration on the estate of Joseph Clough of Kingston, cordwainer, granted to Ezra Clough of Kingston, husbandman, Oct. 1, 1732.]


[ Probate Records, vol. 14, p. 12. ]


[Inventory, Nov. 23, 1732 ; amount, £709.0.5 ; signed by John Swett and William Buzzell ; attested by Ezra Clough, administra- tor, son of the deceased. ]


{ Probate Records, vol. 14, p. 10.]


[Bond of Ezra Clough of Kingston, with John Swett and Cor- nelius Clough as sureties, Dec. 1, 1732, for the administration of the estate ; witnesses, William Buzzell and John Penhallow.]


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[Joseph Clough of Kingston, son of Joseph Clough, makes choice of William Buzzell of Kingston as his guardian March 7, 1732/3.]


[Mary Clough of Kingston, daughter of Joseph Clough, makes choice of William Buzzell of Kingston as her guardian, Oct. I, 1733.]


[Blank sheet of paper for bond, Oct. 16, 1733, signed by Wil- liam Buzzell, Cornelius Clough, and Andrew Webster ; witnesses, John Penhallow and Elizabeth Penhallow; "Guardian for Mary Clough 14 years Joseph Clough 15 Obedh Clough 10 Children of Joseph Clough."]


[Guardianship of Reuben Clough, aged twelve years, Elizabeth Clough, aged ten years, and Love Clough, aged four years, child- ren of Joseph Clough of Kingston, granted to their uncle, Cornelius Clough, Oct. 16, 1733.]


[Probate Records, vol. 14, p. 24.]


[Guardianship of Tabitha Clough, aged about nine years, daughter of Joseph Clough, granted to Andrew Webster of Kings- ton, Oct. 16, 1733.]


[ Probate Records, vol. 14, p. 25.]


[Guardianship of Joseph Clough of Kingston and Mary Clough, minors, aged more than fourteen years, and Obediah Clough, aged about ten years, children of Joseph Clough, granted to William Buzzell Oct. 16, 1733.]


[Probate Records, vol. 14, p. 13.]


[Blank sheet of paper for bond, Oct. 16, 1733, signed by Cor- nelius Clough, William Buzzell, and Andrew Webster ; witnesses, John Penhallow and Elizabeth Penhallow ; " Guardian for Reuben Clough 12 years Eliza Clough 10 years Love Clough 4 years old, Children of Joseph Clough of Kingstown Decd."]


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[ Blank sheet of paper for bond, Oct. 16, 1733, signed by Andrew Webster, Cornelius Clough, and William Buzzell ; witnesses, John Penhallow and Elizabeth Penhallow; "Guardian for Tabatha Clough Aged 9 Years Daughter of Joseph Clough Decd."]


[Warrant, Feb. 11, 1734/5, authorizing Ebenezer Stevens, Lieut. John Swett, and Joseph Greeley, all of Kingston, to report on the division of the estate among the children. ]


[Report, April 22, 1735, that the estate cannot be divided with- out damage ; signed by Ebenezer Stevens, John Swett, and Joseph Greeley. ]


[Warrant, Dec. 31, 1735, authorizing Ebenezer Stevens, Jere- mian Webster, gentleman, John Swett, John Darling, and Nathan Batchelder, yeomen, all of Kingston, to divide the estate, none of the heirs being willing to take the whole and pay the others. ]


Prov : of New Hamps :


In Obedience to & Compliance with a Warrant from ye Court of Probates for ye Province aforesd to us directed to Authorize & Im- power us to Divide the estate of Joseph Clough Late of Kingstown in sd Province Deceas'd Wee the Subscribers having been & viewed the Land & Buildings & according to the Best of our Judgment haveing regard to Quantity & Quality have Divided ye sd Estate into Ten parts & have set off to the Eldest son two parts & to the rest of the Children one part to Each Child as followeth viz :


The Ist Share to mercy in the Homestead & Bounded as follows beginning at ye South End at the Rode on the East side of ye sd Homestead Lott at ye South East Corner Bounds thereof & to Run 5 Rods Westerly on the Rode to A stake & then Northerly the whole Length of ye sd Lott at the north End of which it is 5 & 1/2 Rods wide being Bounded on ye north East Corner with the Bounds of ye sd Lott & North Westerly to A stake; Laying on Land of Ebenezer Stevens on the East & to have a straight Line on ye West from stake to stake & Also to Run still northerly


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keeping ye same width through an addition of three acres Joyning thereto ; with 1/6 of ye House


2d & 3ª to Ezra in ye sd Homestead Lott, & Bounded Easterly on mercys share & Running Westerly on ye Rode Eleven Rods which is ye width of his two shares to a stake & then Running northerly ye whole Length of the Lot at ye north End of which it is 12 Rods wide & keeping ye width still northerly through yo sª three acres .; & his part in ye Buildings is 1/6 of ye House & ye whole Barn


4th to Mary, in the Homestead & Bounded at ye south end on Ezra's share & Running Westerly ou ye Rod from his sd stake 6 Rods 1/4 to a stake & then Running Northerly on Ezras shares ye whole length of ye sd Lot at ye north End of which it is 6 1/2 Rods wide Bounded on a stake & to keep ye width running still northerly through ye sd Three Acres; & also 1/6 of ye House


5th to Obadiah in the Homestead & Bounded on Marys share & Running Westerly from her sd stake on ye Rode 6 1/4 Rods to a stake & then Running Northerly ye whole Length of ye sd Lot at ye north end of which it is 6 1/2 Rods wide to A stake & keeping ye width Running still northerly through ye sd three Acres ; & also 1/6 of ye House


6th to Tabitha ; in the Homestead & Bounded on Obadiahs share & Running Westerly on ye Rode his sd stake 6 1/4 Rods to a stake & then Running northerly ye whole length of ye sd Lott at the north end of which it is 6 3/4 Rods wide to A stake & keeping the width Running still Northerly through ye sd Three Acres ; & also 1/6 of ye House


7th to Elizabeth in the Homestead ; & Bounded on Tabitha's share & Running Westerly on the Rode 6 Rods & 5 feet to a stake & then Running Northerly ye whole length of ye sd Lott at the north end of which it is 6 1/2 Rods & 6 feet wide to a stake & keeping the width Running still northerly through ye sd three acres ; & also 1/6 of ye House


8th to Love part in the Homestead & on Elizabeth's share & Running Westerly on ye Rode 3 1/2 Rods & 2 1/2 feet to the


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South West Corner Bounds of ye sd Lott & Running northerly ye whole length of ye sd Lott at the north end of which it is 4 Rods wide to the north West Corner Bounds of ye sd Lott & keeping ye width still Running northerly through ye sd Three Acres ; & also 15 acres in ye upper second Division above ye Two Hundd Acre Grants ye 72 Lott in number in sª Division ; & one Common Right


9th to Reuben 30 Acres in the upper west Division next Chester ye 53 Lott in number in sª Division & 1/4 of ye north Grant so Called ye 27th Lott in number & 2 Common Rights


Ioth to Joseph 15 Acres in the Lower second division below the two Hundd Acres Grants the 62 Lott in number in sd Division & 3/4 of the abovesd north Grant ye 27th Lot in number


As witness our hands this 13th day of January 1735/6


Ebenezer Stevens


John Darling Nathan Bachelder


Jeremy Webster


[Allowed Jan. 28, 1735/6.]


CORNELIUS DRISCO 1732 NEWMARKET


In the Name of God Amen. The tenth Day of October One thousand Seven hundered and thirty two I Cornelius Drisco, att lampper Ele River in Newmarkitt in the province of newhamp- shire farmer, Being Verry sick in Body *


Imprimus i give and Bequeath to mary my wife Beloved wife the whole of all my houses Barns and lands, out lands, with all the privilidges Belonging to the aforesaid houses and barns During her widow hood, or untill my sons Come of full age that is to say twenty one years, with all the Cows and Oxen att her disposeing


Item i give and dispose to my two sons James drisco and Jere- miah Drisco all my houses and Barns, and lands, and one Right in gilmantown, and all the priviledges thereunto belonging, all


-


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the timber and under wood orchards with all my part of mills and privilidges thereunto belonging, to be Equeally Devided be- tween the aforesd James and Jeremiah Drisco, And all privilidges belonging to my said Esteate or hereafter may be when thy arive to twenty one years of age, and furthermore I will that if Either of my two Sons Dye without any Heir, that the surviveing son have The whole of my Esteate, with my full Right of Com'ons in Exetor.


Item i give to my two Daughters mary Dinbo, and Kisiah all my moveables, to be Equeally Divided between my daughters that is to say what part Dinbo had to be in part for her half it being to the plesure of mary my wife when to Dispose of said moveables During Her Widow hood. Given under my hand and seale the Day and year above writtin


Witness present Stephen : pendergast his George X Greer mark [Proved Jan. 21, 1732/3.]


his Cornelius X Drisco mark


[Administration on the estate of Cornelius Drisco granted to his widow, Mary Drisco, Jan. 21, 1732/3, no executor being named in his will. ]


[Probate Records, vol. 13, p. 135.]


[Bond of Mary Drisco, widow, with Stephen Pendergast and George Greer, both of Exeter, as sureties, Jan. 21, 1732/3, for the administration of the estate; witnesses, John Penhallow and William Winkley.]


[Inventory, April 16, 1733 ; amount, £746.16.0; signed by John Smith and Sampson Doe. ]


[Citation, Jan. 19, 1740/I, to Mary Drisco of Newmarket,


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widow, to appear and render an account of her administration ; return signed by Joseph Gilman, constable. ]


[Warrant, April 29, 1741, authorizing Edward Hall, Richard Mattoon, Joseph Jenkins, Samuel Brackett, all of Newmarket, and Benjamin Smith of Durham, yeomen, to divide the estate among the widow and children.]


Province of I've Whereas we the Subscribers ware apointed (by


New hampe ye Honnorable Richard Waldron Esq' Judge of probates of wills & for granting Letters of administration) to Di- vide the Real Esteate of Corneleus Drsco Late of Newmrket in sd prvince Deced -Pursuant thereunto we have Divided the Said Real Esteate as follows We have sett off to mary Drisco the widdow of ye sª Deced for her theird part of the Real Esteate of the Said Deced twenty two acres of Land Bounded as follows begining at a Stake Standing In Durham Line twelve Rodes Distant westerly from ye Corner Elm tree Between mr Sampson Doe & Said Deced & from ye afore said Stake it Runs South Seventy four Degrees west ten Rods to a Stake then from thence It Runs a Steight Line parallel to the Dividing Line between Sd Doe & sd Deced to Lam- perel River then it Runs westerly by Sd River Seventeen Rods & one half Rod to an apple tree Spotted then north fifteen Degrees East Sixty Rods then north twenty nine Degrees West to the afore Sd Durham Line then Said Durham Line the Bounds to the Stake first mentioned in part of sd twinty two acres the Remaining part of sd twenty two acres Begins at a Stake in Durham Line twenty four Rods Distant westerly from ye westerly Corner of ye first part of sd twenty two acres & Runs on a Streight Line South Eight Degrees west to Lamprel River then westerly By Lamperel River Seventeen Rods then on a Streight Line North twelve Degrees & one half Degree Easte to Durham Line afore sd then Easterly on Durham Line twelve Rods to ye Stake where it began & one third part of the house & Barn- -


2ly We hae Satt off to James Drisco ye Eldest Son for his two


Lamperell River


James Drisco his Pastuer 14 acres


the widdow her Pastuer Eight acres and a half


Mary Sawyer her


Jeremiah Drisco


his feld and


feld and Pastuer - Eleven actes


Pastuer


the


A Eleven acres


Widdow


her Pastuer


the widdow her feld nine


fouer acres and a


acres house and Barn D half


James Drisco his feld Eight acres


Given under our hands at newmarket this 26th of may annoq Domini 1741


Edward Hall Joseph Judkins. Sam" Brackell Benjamin Smith


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Shres of two thirds of sd Real Esteate twenty two acres of Land in sd Esteate it being in two peaces one pace is in the feild & Con- tains Eight acres and is Bounded as follows Begining at ye Elm tree afre Said & Runs twelve Rods to the widdows thirds then ye widdows thirds is the Bounds on ye west Lamperel River on ye South and Land in ye possession of the Does on East to the Elm tree first Mentioned the other peace is in the pasture & Containg fourteen Acres & is Bounded as follors Begining at a Stake in Durham Line on ye west Side of ye westerly part of the widdows thirds & Runs twelve Rods to Lamperel River & Sa River is the bounds on the west & South & the Sd widdows thirds on ye East to ye Stake where it begin & two fifth parts of two thirds of the house & Barn-


3ly We have Sett off to mary Sawyer for her one fifth part of two third of Sd Esteate in Sd Esteate Eleven acres of Land Bounded it as follows viz twenty four Rods on Durham Line it being & Ex- tending from one part of the widdows thirds to the other then Bounding on ye East Side of ye westerly peace of Land Set of to ye widdow Sixty two Rods then north Seventy Degrees Est ten Rods then South East twenty three Rods to a Stake then north ninteen Degrees west forty Seven Rods then north twenty nine Degrees west to Durham Line afore Sd where it began & one half of three fifths of two thirds of the house & Barn --


4ly We have Set off to Keziah wille wife of theodor willee for her fifth part of two thirds of Sd Esteate all the Share Right & Propriety belonging or any ways appertaining to ye Sd Decd his Esteate in ye township of Exeter Excepting the home place here Divided and also one Right & Share in the town of gilmantown


5ly We have Set off to Jeremiah Drisco for his fifth part of two thirds of Said Esteate Eleven acres of Land in Sd Esteat & Bounded it as follows Begining at ye Land here set off to mary sawyer & Runs to Lamperel River Sª Sawyers Land being ye Bounds on ye north & sd Lamprel River on ye South & ye widdows thirds on ye East & west & also one half of three fifths of two thirds of the house & Barn And in all this our Return (Keziah wille her part


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Exepted) we have Refarnce to a plan of Sd Esteate given under our hand & Barring Date Equal with this Return given under our hands at Newmarket this 26 of May annoq Domini 1741


Edward Hall Joseph Judkins Sam11 Brackett Benjamin Smith


JOSHUA LAIDLEY 1732 PORTSMOUTH


[Administration on the estate of Dr. Joshua Laidley of Ports- mouth granted to William Dunlap of Worcester, Mass., Oct, 12, 1732.]


[Probate Records, vol. 13, p. 17.]


[Warrant, Oct. 12, 1732, authorizing Hugh Montgomery and Samuel Huey, both of Portsmouth, to appraise the estate. ]


[Bond of William Dunlap, with James Boyd and Hugh Mont- gomery, both of Portsmouth, as sureties, Oct. 13, 1732, for the administration of the estate; witnesses, John Penhallow and Thomas Hall. ]


[Inventory, signed by Hugh Montgomery and Samuel Huey ; amount, £37.19.7 ; attested Oct. 12, 1732.]


[Administrator's account of the settlement of the estate ; amount £37.19.7 ; expenditures, £42.6.6 ; allowed Oct. 16, 1732.]


JOHN HALL 1732


[Bond of Thomas Hall of Dover, with Archibald Smith and James Hall as sureties, Oct. 13, 1732, for the administration of the estate of his brother, John Hall ; witnesses, John Ayer and John Penhallow.]


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JOHN THOMPSON I732 PORTSMOUTH


[Administration on the estate of John Thompson of Portsmouth, husbandman, granted to his widow, Sarah Thompson, Oct. 17, 1732.]


[Probate Records, vol. 13, p. 42.]


[Bond of Sarah Thompson, with John Wiley and Hugh Mont- gomery, both of Portsmouth, as sureties, Oct. 17, 1732, for the administration of the estate ; witnesses, John Penhallow and Mary Penhallow. ]


[Warrant, Oct. 17, 1732, authorizing John Vincent and Samuel Huey, both of Portsmouth, to appraise the estate. ]


[Inventory ; amount, £308.0.3 ; attested Nov. 15, 1732.]


RICHARD WIBIRD I732 PORTSMOUTH


In the Name of God Amen. The nineteenth day of October, in the Year of Our Lord & Saviour Jesus Christ one Thousand Seven hundred and thirty two. I Richard Wibird of Portsmouth in the Province of New Hampshire in New England Esq' and Mercht, being Week in body


Item I Give and Bequeath to Elizabeth my dearly beloved wife one third part of all the Goods and merchandize in the Shop and Cellar, She to trade in Company with my two sons Richard and Thomas or with either of them so long as they shall see cause so to do, and one third part of all the debts due to me she paying one third part of the debts due from me contracted since our Inter- marriage she vizt my said Wife Elizabeth to pay a Legacy of one hundred pounds in Goods at money Price unto Mehetabel Wain- wright when she shall arrive at eighteen Years of age or in six months after marriage which shall first happen, which legacy I Give and bequeath unto the said Mehetabel Wainwright, she my


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said Wife to dispose of the remainder of the said Third of shop Goods and merchandize, and of ye debts due to me and the Gains thereof, except what she shall have occasion to spend) amongst my Children and Grandchildren at her death as she shall see meet. Item I Give and bequeath to my said Wife the one third part of all my household Goods and furniture to dispose of as she pleas- eth. I Give and bequeath the other two thirds of all my house- hold Goods and furniture to my two sons Richard and Thomas to be equally divided between them. Item I Give and bequeath to my son Richard Wibird the piece of land I bought of Richard Jose Excepting the house where M' Matthew Bradford Now liveth and the Garden there as now fenced in. I also Give and bequeath the said Piece of land bought of Sd Jose to the Heirs and assigns of my son Richard. Item I Give and bequeath to my well beloved Brother Antony Wibird Ten pounds sterling to put him into mourning and A Guinea to buy him a Ring. Item I Give and bequeath unto the Daughter of my Brother Antony Ten pounds sterling to put her into Mourning and a Guinea to buy her a Ring. Item my will is that my Executors as soon as conveniently may be after my decease sell the Cedar swamp & land belonging to it, and the produce there of to be put out at Interest and that my Grandson Antony Wibird son of my son John wibird Deceased, be allowed ten pounds per Year out of the principal or Interest or both, till he shall enter into College or is sixteen Years of age which shall first happen and that he be maintained and supported out of the produce of ye same from his Entering into College till he shall take his degree of Bachelor of Arts, in case he shall be judged capable of learning and shall enter the College & take his first degree in four year after entry as usuall, the remainder, if any be, to be equally divided amongst my Children and Grandchildren, and in case he should not be capable of learning ye whole to be so divided. Item I Give and bequeath to my Grandaughter Sarah Wentworth the lot of land in the Glebe land and the house there on Wherein my son in law Hunking Wentworth now lives and to the Heirs and assigns of my said Grandaughter. Item I Give and


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bequeath unto my two Grand children viz' Antony Wibird and Sarah Wentworth the sum of fifteen hundred pounds apiece, be- sides what their father and Mother have already had and what I have already given them, to be payd them in manner following that is to say, the money to be raised out of my out lands in all the new towns if need be or out of any of them as shall be most convenient, and to be payd them by my two sons Richard and Thomas in equal parts, My Grand son Antony to receive his fif- teen hundred pounds when he shall arrive at twenty one Years of age and my Grandaughter sarah to receive her fifteen hundred pounds when she shall arrive at eighteen years of age or at day of Marriage which shall first happen, No Interest to be allowed either of them till the legacy becomes due according to the time of payment above mentioned, but in Case my Grandson Antony Shall dy before he arrives at twenty one Years of age or my Gran- daughter before eighteen Years old or day of Marriage then my will is that his or her part or both their parts if both should so dy, be equally divided between my two sons Richard and Thomas And in Case Any Person or Persons who Claim or shall claim under Mason Should recover the out lands in the new Towns then My Will is that my Two Grand Children have but twelve hund- red pounds a piece to be payd them in manner as aforesaid. Item I Give and bequeath unto my Good friend Mrs. Hannah Bradford Wife of M' Matthew Bradford the sum of ten pounds. Item I Give and Bequeath unto Mary Barns the sum of five pounds for her Extra service to and Care of ine. Item I Give and Bequeath to my two sons Richard and Thomas the Residue and Remainder of my Estate not already disposed of, both real and Personal wheresoever it is or may be found, and to their Heirs and assigns to be equally divided between my said two sons. And I do Constitute make and ordain my true and well beloved wife Elizabeth Richard Wald- ron Esq' and my Son Richard Wibird to be Executors of this my last Will and Testament, Desireing that they would be carefull to have this my last Will and Testament fullfilled and complyed with, And I do hereby utterly disallow, revoke and disannul all and every


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other former Testaments Wills and Legacys, bequests and Execu- tors by me in any ways, before this time named, willed and be- queathed ratifying and confirming this and no other to be my last Will and Testament. In Witness Whereof I have hereunto set my hand and seal the day & year above written


Signed sealed, published and R. Wibird


declared and pronounced by the Said Richard Wibird as his last


Will and Testament in presence of us ye Subscribers


Hen Sherburne


Jos Peirce Wm Parker jun™


[Proved April 25, 1733. ]


[Richard Waldron declines to act as one of the executors April 24, 1733.]


[Blank sheet of paper for bond, Sept. 3, 1733, signed by Rich- ard Wibird and Thomas Wibird. ]


JEREMIAH WALFORD 1732/3 NEWCASTLE


In the Name of God Amen. I Jeremiah Walford of New-Castle in New-hampshire Husbandman being Aged *


2 Secondly-I do give and bequeath unto my beloved Wife Elizabeth Walford all my Estate both real and personall of what nature and Kind soever (She paying all my Just debts and funeral charges) forever That is; for her own proper use & behoofe, to Sell or dispose of it as She Shall See fit for her Comfortable Sup- port & Maintenance & at her decease to dispose of it to whom She Shall See fit for her handsome and decent burial. And I do likewise Constitute and Appoint She my Said Wife Elizabeth Walford to be my Sole Executrix of this my last will & Testament ratified &


1


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publishing pronouncing it to be my last Will & Testament at New-Castle this Thirteenth day of January Anno Domini one Thousand Seven hundred & thirty two three : In the Sixth Year of the reign of our soverign Lord King George the Second by ye Grace of God King of Great Brittain &c


Signed, Sealed publish'd pro- Jeremiah his X mark Walford


nounc'd and declar'd to be my last will and Testament in the presents of us Joseph Jackson Benjamin Jackson Joseph Newmarch [Proved May 2, 1733.]


[Blank sheet of paper for bond, signed by Elizabeth Walford, Joseph Jackson, and Thomas Mazet ; witnesses, John Penhallow and Joseph Newmarch. ]




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