Probate records of the Province of New Hampshire Vol. 2 1718-1740, Part 34

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[Blank sheet of paper for bond, May 25, 1734, signed by David Cargill, John MacMurphy, and David Hunter ; witnesses, John Penhallow and Nathaniel Shannon.]


WILLIAM AYERS I733 LONDONDERRY


In the name of God : Amen, the twentieth Day of June seven- teen hundred thirty and three, I William Eayers of Londonderey in his majesties province of newhampshirewengland, being verey sick and weke of body


Imprimis. I Give to Margret my beloved wife all my homesteed with the improvements upon itd uering her naturall life, and my


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will is that affter my wifes deces my home steed afore said to gather with all the improvements thereon, shall be Equaly devided between my two youngist and beloved sons Samuel and Frances and also all my meddow Except peney purs meddow


Itim I Give and bequeth unto my beloved wife all my personal or moveable Estate, duering lier natural life one third of my per- sonall Estate to be at my wifes Dispousing, the remaindure to return to my two youngest sons samuel and frances at iny wifes Deces


Itim if their be any undevided lands yet to be laid out to my lott in this town, my will is that my son William shall have so mutch of that land as will make him Equal in number of acres to what I have Given to my son Jaines, and the rest if aney be I give to my two youngest sons samuel and frances


Itim I Give to James McCurdy one ox which he hath now in his Custedy, and allso twenty shillings in money


Item I Give unto Charles Stewart one Cow and Calf


Itim I Give unto my son James that peace of meddow which goes by the name of peney purs meddow


I Do likewise Constitute make and ordain John Goffe Esqr and M' John McClurg to be my sole Executors of this my last will and testament, and I do liereby uterly Disalow revoke and Dis- anul, all and every other Testaments wills legacies and bequests, and Executors by me in aney ways before named willed and be- quethed ratifying and Confirming this and no other to be my last will and Testament in wittness whereof I have hereunto set my hand and seal the Day and year above written


Signed Sealed published pro- William Eayers nounsed and Declaired by the said William Eayers as his last will and testament in the presence of us,


Thomas mºClary John Durham Allexander Craige


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memorandum I that there is ten acres of Land which Lyes Be- twixt son williams Land and son Jameses Land In moose hill begin ing att ye 14 acre brook and runing 100 rods up the hill not Laid of yett which is to be Laid of Jamess side which Land I do be- queath to my beloved wife margrett to be att her disposall as she shall see Cause as wittness my hand this 22th of Jan : 1734/5


I do order that James mcCurdy & Charles Stuart shall have each of them five pound to be paied att ye end of three years or sooner if it Can be had as wittness my hand this 26th day of march 1735


William Eayers


[ Proved Feb. 23, 1742/3, and administration granted to his son, Samuel Ayers of Londonderry, yeoman, the executors declining to act. ]


[John Goffe and John McClurg, named as executors of the will, renounce the executorship, Jan. 27, 1742/3.]


[Inventory, signed by James Moore and Samuel Rankin ; amount, {267.15.0 ; attested April 27, 1742.]


WILLIAM COTTON I733 PORTSMOUTH


In the Name of God amen I William Cotton of Portsmouth in the Province of New Hampshire in New England Husbandman being in an advanced age *


Item I Give & bequeath to my Dearly beloved wife the use & Improvement of my Now Mansion House & all my Lands Dure- ing her Natural Life : And all my Neat Cattle : Sheep Swine Im- plements of Husbandrye and Houshold Stuff : I Give absolutely to my Said wife and to her Disposal for ever


Item I Give and bequeath to my beloved Daughter Elizabeth Fur- nald and to her Executors Administrators & Assignes fifty Pounds to be paid by my Executor within two years after my Decease and


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Eight bushels of aples yearely Dureing her Natueral Life & the Sumering a Cow and her Seat in the meating house or in my pue Dureing her Widdowhood- -


Item I Give and bequeath to my beloved Daughter abigail Har- dison and to herheirs Executors Administrators & Assignes five pounds to be paid by my Executor within two years after my Decease-


Item I Give and bequeath to the Children of my beloved Daught" Mary Greendleif Deceased fifty pounds to be paid Equaly Divided among them and to be paid by my Executor as they Shall Come of Age that is to Say the Males at twenty one and the females at Eighteen years of Age or Marry Provided Nevertheless I do not Require my Said Executor to make any of the Said payments un- till two years after my Decease altho any of the said Children Should Marry or Come of Age before the said two yeares Shall be Expired And further it is My will that if one or more of the Said Children Shall Die before they Shall Come of age as aforesaid, Such Deceasd Children's or Childs part Shall be Equaly Divided among the Surviving Children


Item I Give and bequeath to my Grandchild Mary Hardison the Daughter of Abigail Hardison forty five pounds to be paid to him or her that has the Care of her twelve months after my Decease by my Executor-


Item Give and bequeath to my Grandson William Greandleaf & Williamn Cotton the son of my Son Thomas And to their Heirs for ever to be Equally Divided between them all my right Title & Intrest in the township of Barrinton to have & to hold to them & their heirs in Equal part forever-Item I Give Over & above the Estate Which I formerly Gave to and Settled uppon my Dearly beloved Son William Deceased, I Give and bequeath to Each of the Children of My said Deceasd Son five Shillings to be paid by my Executor within two years after my Decease-Item I Will that my beloved wife after her Decease be Decently Interd According


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to the Discretion of my Executor & that the Charge thereof be Defray'd out of my Estate-Item


Lastly I Give and bequeath to my Dearly beloved Son Thomas and to his Heirs Executors Administrators and Assigns forever iny now Mansion House & all my Neat Cattle Sheep Swine Impli- ments of husbandry and Household Stuff that my Said wife Shall Save or not Dispose of To Have & to Hold to him and his Heirs forever Moreover I Give and bequeath to my Said Son Thomas & to liis Heirs forever All my Land whether the Same be Arable Pasture or Meadow together with all my yards Gardens & orchards House outhouses Barns and Edifices Lying and being in the town of Portsm° aforesaid with all the Proffits privelidges Emoluments Appurtenances And Advantages to the Same belonging To have & to Hold to him the Said Thomas and to his heirs forever further- more I Give and bequeath to my Said Son Thomas and to his Heirs Executors Admrs and Assignes forever all my books Ac- compts, Notes Bills Bonds and And all the Sums of money that are or Shall be due by or upon the Same with all other Debts and things which are due unto me from any person or by any Means whatsoever also all the Residue & Remaining Part of my Estate Not heretofore or by this will otherwise Disposed of Whether the Same be real or personal or wheresoever it is or may be found to have and to hold to him and his heirs Exrs Administrators And Assignes forever-And I do by these Presents Constitute ordain And Appoint My Said Son Thomas to be Sole Executor as well as Residuary Legatory of this My Last will & Testament & do hereby Revoak Disanul and make voide all and Every other will Testamt & Bequest & Device heartofore by me made & Declared this and no other to be my last & Lawful Testament In Testi- mony whereof I have hereunto Set my and Seal the thirteenth Day of July 1733 And in the Seventh year of this present Majes- ties Reign Memorandum before Signing it is my will that the Cash Legacies mentioned in this testament be paid at the rate that money now passes at this Day


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Wm Cotton


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Signed Sealed Published &


Declared by Mr William Cotton


to be his Last will and Testa- ment In presence of


Thomas Bickford


Samull Mills


Ichabod Clark


[ Proved and allowed June 6, 1737.]


[ Probate Records, vol. 14, p. 212. ]


BENJAMIN LEAVITT I733 STRATHAM


In the Name of God Amen I Benjamin Leavitt of Stratham in the Province of Newhampshire in New England Husbandman being weak of body


Item : I Give to my Son John Leavitt two acres of land out of my home place, beginning at the Northwest Corner of my land next the Highway and So Running upon the Country Road towards my house Sixteen Rods and So the Same width back bind- ing upon the highway that Leads to the Temple till it makes the two acres.


Item: I Give to my Son Jeremiah Leavitt ten acres of land at the head of my land bounding upon the highway Leading to the Temple and So across my land 'till it makes ten acres.


Item I Give To my Son Elisha Leavitt ten acres of land adjoyn- ing to his brother Jeremiahs ten acres given to Him and to bound upon the highway and Run across the land and in width till the ten acres be Compleated.


Item I Give to iny three Sons, John, Jeremiah, and Elisha my Gilman Town Right to be equally Divided between them.


Item : I give to each of my Daughters Hannah, Mary, Jane Eliza- beth, Patience, Joanna, Alice Five pounds in Money.


Item I Give to my Well beloved wife, Elizabeth Leavitt all my moveable estate within Doors and without all my Stock of Cattle


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Horses Sheep and Swine and my Indian man Cuffe and all my Debts to be at her own Dispose. I Lekewise Give her the use and Improvement of my Dwelling house and Barn and all my home land excepting the two acres given to my Son John for the bring- ing up the Children as long as she Remains my Widow She pay- ing the Debts and Legacies.


Item. I Give to my Son Benjamin Leavitt my house and Barn and orchard and all my home land excepting what I have Given to his Brothers he not to come into possession of it till after his mothers marriage or Decease


Finally My Will is and I do hereby Appoint, my well beloved Wife, Elizabeth Leavitt Sole Executrix to this iny Last Will and Testament hereby Revoking disanulling and making void all for- mer Wills and Testaments by me heretofore made, In Witness whereof I have hereunto Set my hand and Seal this fifteenth Day of August one Thousand Seven hundred and Thirty-three


Signed, Sealed and owned In Benjamin Leavitt presence of us ---


William moore Edward ffifield Moses Leavit [Proved Nov. 7, 1733.7


ROBERT WADLEIGH I733 STRATHAM


In the Name of god amen the Seventeenth Day of august one thousen seven hundred & thirty three I Robart Wadley of Strat- ham in the proveince of Newhampshirew England being verey sick and week in bodey


2ły I Do Give unto My beloved wife Deborah whome I Do Like- wise Constitute Make and ordain my only and sole Executrix to this my Last will and testement the whole Improvement of all my Lands Dureing her Widowhood and Likewise I Do give to my sd wife all my stock & moveables & the Debts Due to me for the


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suport of her Life & for the paying my Debts & bringing up my Children and if it should hapen that my wife should marey again then shee to have the Improvement of but one third of my Estate


3ly I Do give to my two sons (viz) John and Robart all my Lands & buldings to be Eaquely Deveided betwen them paying out to my Daughters as is hearafter mentioned


4ly I Do Give to My five Daughters (viz) Mary ; Mariah Debo- rah Sarah and Meribah twenty pounds apeace Each of them to be payd out of what I have Given to my two sons Each of them pay- ing their Eaquel preportion


when thay iny Daughters shall Come to ye age of Eaighteen years old or att Marraige which shall first hapen


and I Do herby uterly Disalow Revoke & Disanul all & Every former will testament & bequests and aney Executer or Executrix by me aney ways before this time Named Ratefieing, this and no other to be my Last will and testement In Witness where of I have herunto seett my hand and seal the Day and Date above Writtin


Signed Seald published pro- nounced & Declared by the Sd Robart Wadley as his Last will and Testement In the presence of us Subscribouers


Robart wadle


Abraham Stockbridge mark Mary X Stockbridge her Joseph Low [Proved Nov. 20, 1733.]


[Warrant, Sept. 18, 1733, authorizing Capt. Jonathan Wadleigh and Jacob Smith, both of Stratham, to appraise the estate. ]


[Inventory, Sept. 20, 1733; amount, £1595.9.0; signed by Jonathan Wadleigh and Jacob Smith. ]


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JANE HUSSEY


I733


DOVER


[Bond of Richard Hussey, with Samuel Carl and Richard Scammon, both of Dover, as sureties, Aug. 21, 1733, for the administration of the estate of Jane Hussey of Dover, widow of Richard Hussey of Dover ; witnesses, Joseph Penhallow and John Penhallow. ]


[Warrant, Aug. 21, 1733, authorizing Nicholas Harford and Stephen Roberts, both of Dover, to appraise the estate of Jane Hussey, administration of which is granted to her son, Richard Hussey. ]


[Citation, Aug. 27, 1733, to Jane Hussey, Samuel Stiles, and William Stiles to appear and answer charges of taking away cer- tain property, "Whereas Richd Hussey Administ to the Estate of Jane Hussey of Dover in Sd Province Decd hath made Compt that sundry of the Household Goods &cª of the Decd hath been taken out of House Vizt a feather Bed & Beding, some pewter, a Large bible & Other things, & That he Suspects his sister Jane Hussey, Sam1 Stiles of Summersworth in said Province & Wm Stiles of Rochester" ; return signed by John Bickford, constable. ]


[Inventory, Oct. 1, 1733 ; amount, £310.14.0; signed by Nicholas Harford and Stephen Roberts. ]


[In court, no date, "Jane Stiles own'd she took a feather bed & Coverlid a Bolster & One Pillow, & two Peter pots, & one bible, & one blanket


"Order'd by The Judge That Jane Stiles shew the above things to the apprizers when Demanded-, Order'd that Sam' Stiles the Husband of Jane Stiles pay Charge of Court."]


[Citation, June 7, 1734, to the administrator to appear and ren- der an account of the estate, on complaint of two of his brothers, Robert Hussey and William Hussey.]


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[Guardianship of Benjamin Hussey, aged more than sixteen years, son of Richard Hussey and Jane Hussey, granted to Wil- liam Hussey of Dover, tailor, July 2, 1734.]


[Probate Records, vol. 14, p. 35.]


[Blank sheet of paper for bond, July 2, 1734, signed by Wil- liam Hussey, Joseph Varney, and John Varney ; witnesses, John Penhallow and Richard Penhallow. "This is a Bond that Wm Hussey has Given as Guardian for His Bror Benja Hussey a son of Richd Hussey Decd."]


JOHN DEMEDIS I733 PORTSMOUTH


[Bond of Henry Keyes and Mary Follansbee, with Hunking Wentworth and Daniel Warner as sureties, Sept. 13, 1733, for the administration of the estate of John Demedis of Portsmouth ; wit- ness, John Penhallow. ]


[Citation, Sept. 17, 1733, to Thomas Maloney to appear and answer charges of withholding a part of the estate, complaint being made by " Henry Keese & Mary ffollensby adminisrs to the Estates of Jolin Demedis & Wm Follensby Decd."]


[License to Henry Keyes and Mrs. Mary Follansbee, adminis- trators of the estate of John Demedis of Dover, July 18, 1734, to sell real estate. ]


[ Probate Records, vol. 14, p. 38. ]


WILLIAM FOLLANSBEE 1733


[Bond of Henry Keyes and Mary Follansbee, both of Ports- mouth, with Hunking Wentworth and Daniel Warner, both of Portsmouth, as sureties, Sept. 13, 1733, for the administration of the estate of William Follansbee ; witness, John Penhallow. ]


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ANDREW NEALLEY I733 NOTTINGHAM


[Bond of Martha Nealley, widow, and William Nealley, son, with Jolin Harvey and John Culbertson as sureties, Sept. 28, 1733, for the administration of the estate of Andrew Nealley ; witnesses, John Penhallow and Elizabeth Penhallow. ]


[Warrant, Sept. 28, 1733, authorizing John Harvey and Thomas Bacon, both of Nottingham, to appraise the estate of Andrew Neal- ley of Nottingham. ]


[Inventory, signed by John Harvey and Thomas Bacon ; amount, {256.14.0 ; attested Dec. 28, 1733.]


[William Nealley renounces administration Dec. 28, 1733, in favor of his mother. ]


CHASE WIGGIN I733 STRATHAM


[Administration on the estate of Chase Wiggin of Stratham granted to his widow, Martha Wiggin, Sept. 28, 1733.]


[ Probate Records, vol. 13, p. 273. ]


[Warrant, Sept. 28, 1733, authorizing Capt. William Moore and William French, both of Stratham, to appraise the estate. ]


[Inventory of the estate of Chase Wiggin, who died July 24, 1733 ; amount, {2140.2.6 ; signed by William Moore and William French ; attested Oct. 12, 1733.]


[Bond of Martha Wiggin, with William Moore and William French as sureties, Oct. 12, 1733, for the administration of the estate ; witnesses, John Penhallow and Nathaniel Shannon.]


[Guardianship of Bradstreet Wiggin, aged about eleven years, Comfort Wiggin, aged eight years, Chase Wiggin, aged five years,


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and Joshua Wiggin, aged two years, children of Chase Wiggin, granted to Capt. Joshua Weeks June 5, 1735.]


[Probate Records, vol. 14, p. 68.]


[Blank sheet of paper for bond, June 5, 1735, signed by Joshua Weeks, James Pitman, and George Walker ; witnesses, John Pen- hallow and Mary Penhallow. "This is a Bond of Guard ship for Broadstreet Wiggins Comfort, Chase & Joshua Wiggins Children of Chase Wiggins Decd."]


[Guardianship of Comfort Wiggin, Chase Wiggin, and Joshua Wiggin, minors, aged more than fourteen years, children of Chase Wiggin, granted to Winthrop Hilton Oct. 24, 1748.]


[Probate Records, vol. 17, p. 346.]


[Bond of Winthrop Hilton of Newmarket, yeoman, with Brad- street Wiggin of Stratham, yeoman, as surety, in the sum of £500, Oct. 24, 1748, for the guardianship of Comfort Wiggin, Chase Wiggin, and Joshua Wiggin, aged more than fourteen years, children of Chase Wiggin. ]


[Warrant, Oct. 24, 1748, authorizing Edward Hall and Walter Bryent, gentleman, both of Newmarket, Thomas Wiggin, Cornet William Pottle, blacksmith, both of Stratham, and Walter Weeks of Greenland to divide the real estate. ]


Prove of ? Pursuant to an order from the Honnorable An- Newhampr ) drew Wiggin Esq' Judge of the probates of wills ; &c. Directed to us the Subscribers with others ordering us or the major part of us to Divide the Real Esteate of Chase Wiggin Late of Stratham in Said province Deceased Intestate to and among the Late widdow & Children of Said Deceased We the Subscribers have Divided Said Esteate as follows (viz)


(first) we have Set off to winthrop Hilton and martha his wife the Late widdow of said Deceased in her Right one third part of Sd Real Esteate it being one peice of upland & one peice of Salt


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marsh the peice of upland is Bounded as follows Begining at a Stake Standing twenty five Rods & one half Rod Southwestward from the north Corner of Sd Deceased's homestead Esteate Stand- ing on ye South East Side of ye Contry Road & Runs from Sd Stake twenty five Rods & one half Rod to the Sd north Corner Bounding on ye Contry Road to Sd Corner then Runing about South fifty Degrees East three hundred ninty & two Rods Bound- ing on Land of thomas wiggin Cornet-to the head of Sd farm then Runing South forty four Degrees west ninteen Rods & one half Rod to a Stake then on a Streate Line to the stake at ye Contrey Road first mentioned


the peice of Salt marsh is Bounded as follows Begining at a Stake Standing in the Line between andrew wiggin & the mash of Sd Deceased ten Rods Distant frome ye Creek & Runs north Seventy three Degrees west to Exeter River & then Round by Sa River taking all the mash & thath Bed & flatts to the Sd Creek & then up the Creek Chaniel to Sd Andrew wiggin his Sd mash and then to the Stake first mentioned with all the previledges belong- ing to Sª premises


(Secondly) we sett off to Bradstreet wiggin the Eldest son of said Deceased for his two Shires in Sd Real Estate two peice of upland & one peice of Salt marsh Bounded as follows ye first peice of upland takes its Begining at the stake first mentioned in the Return whereby we Sett of ye Late widdows thirds Standing at the Contrey Road & Runs Bounding by the Conterey Road to m' John pormitts Land then Runing up by sd pormitts Land Sontlı fifty four Degrees East one hundred twenty & four Rods and one fifth part of one Rod to a Stake then it Runs north East to ye Land Set off to ye widdow as afore Sd then bounding by ye widdow thirds aforesd to the Contry Road afore Said the other peice of up Land is Bounded as follows begining at a Stake Standing five Rods & one half Rod Distance from ye waldnot tree ye Bounds of the Land in possesion of m' John pormitt & then Runs South west Bounding on Sd pormitts possesion thirty Rods then Runing South forty Seven Degrees East Eighty Rods to the uper South Corner .


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then north forty four Degrees East twenty & two Rods to an oak tree marked then on a streight Line to the Stake first mention ye Coase north forty two Degrees west nearest with the priveledges of passing & Repassing thro Convenant gates & Bars to & from Sd Last mentioned peice of upland & So Dwonward to the first Lott or peice Set off to sd Bradstreet the peice of Salt marsh is Bounded as follows Begining at a Stake Standing Seventeen Rods Distance north 73 degrees west from ye Stake that Stands ten Rods from yo Creek in the Southerly Corner of ye peice of marsh Set off to the Late widdow and from the afore Sd Stake that Stands in the north End of the Sd Seventeen Rods Line it Runs north twenty four Degrees East from ye thirds to Exeter River then Runing up by the Sd River to the place where the Sd thirds hit ye River then by Said thirds to where it began with -- of all the Buildings house & Barn and every of the appurtenances and Edificeses belonging or any ways appertaining to Said three peices of Land and marsh-


thirdly we Sett off to Comfort wiggins the Daughter of Sd De- ceased one peice of upland & one peice of Salt mash the peice of upland is Bounded as followeth it Bounds on ye north west by ye peice of upland first mentioned to be Set off to Bradstreet wiggin afore Said and ou ye north East by Land Set of to the Late wid- dow for her thirds & on ye South west by Land of John pormit & So Runing South Easterly ninty & Six Rods keeping the whole Breadth of ye Land from sd Late widdows thirds to said John por- mits Land the whole of Said ninty & Six Rods as also the peice of Salt marsh is Bounded as follows Begining at a Stake Standing Eleven Rods Distance from the afore Said Stake Standing ten Rods from ye Creek between ye marsh Improved by Andrew wig- gin and ye thirds afore said and from Said Eleven Rods Stake that Stands in ye Line of the Said thirds it Runs Six Rods north seventy three Degrees west and then it Runs north twenty four Degrees East to Exeter River keeping that Breadth of Six Rods wide ye whole Lenth thereof-


fourthly we have Set off to Chace wiggin one of the sons of the sd Deceased one peice of upland & one peice of Salt marsh the


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peice of upland is Bounded as follows begining at that peice of upland Set of to Comfort wiggin on ye South East End thereof & Runs South Easterly Bounding on the widdows thirds afore Said on the north East & John pormitt on ye Southwest until Eighty Eight Rods & one fifth part of one Rod in Lenth be fully Compleated the peice of Salt marsh is Bounded as follows begining at ye South Corner of that peice of marsh Set of to Comfort & Runs northerly Bounding on Sª Comfort her Lott five Rods & three quarters of one Rod wide the whole Lenth of Sd Comfort her Lott from ye thirds to Exeter River-


fifthly we Set off to Joshua wiggin one of the Sons of sd Deceased one peice of upland & one peice of Salt marsh the peice of upland is Bounded as followeth Begining at the South East End of ye upland Set of to Chase wiggin & Runs South Easterly about Eighty three Rods to the head of the farm then South westerly forty & Eight Rods & one half to the Second Lott or peice of up- land Set of to Bradstreet wiggin then Runing northwesterly by Sª Last mentioned peice of upland to John pormit his possesion then by Sd pormit his possision to Chase Wiggin his Lott to where it Began the peice of Salt marsh Bounds on ye South by the thirds (So Called) on ye East by marsh Improved by Andrew wiggin & on ye west by ye Lott Set of to Chase wiggin and on ye north by Exeter River-


given under our hands at Stratham this 24th Day of January anno Domini 1748/9-


Thomas Wiggin Walter Weeks Walter Bryent


[Allowed Jan. 25, 1748/9.]


THOMAS MANNERING 1733 NEWCASTLE


[Administration on the estate of Thomas Mannering of New-


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castle, fisherman, granted to Sarah Mannering, widow, Oct. 29, I733.]


[ Probate Records, vol. 14, p. 50.]


[Bond of Sarah Mannering of Newcastle, widow, with Daniel Jackson, blockmaker, and Abraham Senter, sailmaker, both of Portsmouth, as sureties, Oct. 29, 1733, for the administration of the estate of her husband, Thomas Mannering ; witnesses, John Penhallow and Nathaniel Shannon.]


[Inventory, Jan. 1, 1733/4; amount, {1235.2.0; signed by Joseph Simpson and Nathan White. ]




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