USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 2 1718-1740 > Part 44
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to be paid in Money within a Year after My Decease, and then the Premises to be deliverd Unto them
Item, I Will that My Execrs hereafter mentioned Shall recieve what Money I leave, and what is due to Me, and after Payment of My Just Debts to Use and Improve the Remainder at Their own Discretion
Item, I Give and bequeath to My Dear Nephews William Clark The only Surviving Issue of My Dear Brother Benjamin Clark and John Dean the Eldest Son of My Dear Sister Deborah Dean of Exeter to be equally divided and enjoyd by them, all My Other Lands and rights of Lands whatsoever and wheresoever beside the sd Homestead before disposd of, to them their Heirs and Assigns for Ever.
Item, I give and bequeath to My Brother & Sister Dean My Two Negro Servants to Serve them in their own Service for and during the Term of Seven Years after My Decease and No longer, Likewise prohibiting the Sale of them to any Other, and requir- ing that at the End of sd Term of Seven Years they be botlı well Cloathd & Set free from Bondage
Item I Give and bequeath to My Before inentioned Nephew William Clark, My Watch, and My Library of Books Only My Sister Dean shall first have Liberty to Choose for her Self a Dozen of Octavo Volumns of Sermons-And the Pamphlets which are Sermons shall be deliverd to the Deacons of the Church in Kings- ton to be by them dispersd in the Church as they Shall think Proper-
Item, I Give & Bequeath to My Cousin Jane Dean the Bed and Furniture thereof, with all the furniture in My Best chamber, as also the Case with Draws which is in the Lower room-
Item I give and Bequeath to Sister Sarah and Abigail Pierce and to Lydia the Only Surviving Issue of Sister Elizabeth Pierce Deceasd the Remainder of My Dear Wives wearing Apparrel which the sd Two Sisters have Not already receivd and likewise the Linnen, Pewter which is Markd with the Maiden Name of My Dear Wife or the Name of their Parents
-
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Item, I give and bequeath unto Mary Frost Daughter of Brother Frost who was born & Naind Soon after the Decease of My Dear Wife a Silver Porringer Markd M. F. and to Each of their Other Children a Silver Spoon
Item, I give & bequeath unto Mary Stanyan My housekeeper the Feather bed on which She usually lodges-
Item, I give unto Dr Dean & William Clark aforesd All My. wearing Apparrel to be equally divided between them
Item. It is My Will & Desire that what Provisions remain in the House be dispersd by My Execrs among the Needy in Kings- ton as they Shal think Proper on Information
Item. All the Rest and residue of My household Goods I Give And bequeath to My Dear Sister Dean to Improve for her Own Comfort and to bestow after, on her Children at her descretion.
Lastly. I do hereby constitute and appoint my Beloved Friends Capt Thomas Dean of Exeter and Sister Jane Clark of New Castle to be Execrs of this My Last Will and Testament-And I do here- by revoke and dissallow all former and other Will or Wills by ine Made or said to be made by Word or Writing Confirming this and No Other to be my Last Will and Testament Seald With My Seal dated this Eleventhi day of March in the Tenth year of his Majesties Reign Annoq. Domini One Thousand Seven hundred & Thirty Six Seven 1736/7
Signd Seald Publishd pro- nouncd and declard to be the Last Will and Testament of the Abovesd Revd M' Ward Clark in Presence of Us-
Nichº Gilman Jun' Elisha Odlin Peter Coffin [Proved June 7, 1737 .]
Ward Clark
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THEOPHILUS SMITH 1736/7 EXETER
In the name of God Amen this fourteenth day of March Anno Domini 1736/7 I Theophilus Sinith of Exeter in the Province of Newhamp' yeoman being Sick and weak of body * *
Imprs I give and bequeath unto my daughter Mary Tilton five hundred pounds in money or bills of Credit to be paid her within one year after my decease by iny Execut' hereafter named or that he assign over to hier bonds to that value
Item I give and bequeath unto my daughter Dorothy Sanburn the Sum of five hundred pounds to be paid hier in like mnanner as her Sister Tilton
Item I give and bequeath unto my Daughter Elizabeth Gilinan the Sum of five hundred pounds to be paid her in like manner as her Sisters Tilton and Sanburn aforesd
Item In as much as I gave unto my daughter Lidia Wadleighi deceas'd considerable part of her Portion in her life time I give and bequeath unto my Grandson Theophilus Wadleigh fifty pounds when he comes to the age of twenty one years to be paid by my Executor in good Merchantable pay
Item I give unto my grand daughter Lidia Wadleigh twenty pounds to be paid her in good Merchantable pay as soon as She arrives to the age of twenty one years or is marryed which Shall first happen
Item I give unto my Son in law Joseph Wadleigh five Shillings
Item I give devise and bequeath unto iny Son Theophilus Smith all my lands tenements meadows marshes houses Edifices buildings Com'on & Com'on rights within the Townships of Exeter Stret- ham or Hampton in the Province of Newhampr aforesd or elsewhere to be to him his heirs and Assigns forever imediately after my decease
Item I give devise and bequeath unto my Sª Son Theophilus Smith his heirs and Assigns my two Negroes and all my moveable effects bills bonds book debts Cattel horses Sheep & Swine with all my real or personal Estate of what nature or kind Soever it be
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And I do hereby Appoint my Said Son Theophilus Smith Executr to this my last will and Testament and do hereby revoke all former or other Wills by me made In witnes where of I have hereunto Set iny hand & Seal the day & year first within written the words household goods raz'd out before Signining wch my will is Shalbe Equally divided between my three daughters
Sign'd Seal'd publish'd and Theophilus Smith declar'd by Theophilus Smith
within named to be his last will and Testament In prsence of us
Nich Perryman
John Leavitt Daniel Robinson [Proved March 23, 1736/7. ]
NICHOLAS HARFORD 1736/7 DOVER
[Citation, March 24, 1736/7, to Elizabeth Harford, widow, and Joseph Harford, yeoman, son, both of Dover, to appear and take administration on the estate of Nicholas Harford of Dover, yeo- man.]
[Administration on the estate of Nicholas Harford of Dover, yeoman, granted to Matthew Livermore of Portsmouth May 31, 1737.]
[Probate Records, vol. 14, p. 207.]
[Warrant, May 31, 1737, authorizing Thomas Millett and John Wingate, both of Dover, gentlemen, to appraise the estate, admin- istration of which is granted to Matthew Livermore of Portsmouth, the widow and oldest son declining to act. ]
[Inventory, July 21, 1737 ; amount, £370.0.0; signed by Thomas Millett and John Wingate. ]
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[Petition of Matthew Livermore, Sept. 13, 1737, representing that the estate is insolvent, and asking for the appointment of commissioners to receive claims. ]
[Warrant, Oct. 29, 1737, authorizing Samuel Hart, Eleazer Russell, and John Cutt, gentlemen, all of Portsmouth, to receive claims against the estate. ]
[List of claims against the estate ; amount, {[149.12.3 ; signed by Samuel Hart, Eleazer Russell, and John Cutt.]
[Warrant, April 24, 1738, authorizing Thomas Millett and John Wingate to appraise additional estate ; they reported May 26, 1738, that the administrator had not shown them any property. ]
[Petition of the administrator, May 31, 1738, for license to sell real estate. ]
[License to the administrator, Nov. 25, 1741, to sell real estate. ]
[Administrator's account of the settlement of the estate ; amount of estate, £349.0.8 ; expenditures, £68.10.8 ; balance for creditors, £280.10.0; allowed Aug. 28, 1745.]
[Various accounts, bonds, etc., containing signatures of James Hawden, Richard Martyn, Nathaniel Martyn, Habijah Savage, Nicholas Harford, Theodore Coker, Margery Jackson, William Pepperell, Charles Gorwood, Joseplı Sherburne, Theodore Atkin- son, Thomas Peirce, Nicholas Shapleigh, Rindge Wentworth, Jotham Odiorne, Josias Byles, George Jaffrey, William Tyler, Richard Wibird, Benjamin Fitch, Henry Sherburne, Jr., and Ben- jaınin Rolfe. ]
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NEW HAMPSHIRE WILLS
JOSHUA HAINES I737 GREENLAND
[Administration on the estate of Joshua Haines of Greenland, husbandman, granted to his widow, Sarah Haines, April 1, 1737.] [Probate Records, vol. 14, p. 272.]
[Inventory of the estate of Joshua Haines of Greenland ; amount, £359.0.0 ; signed by Philip Babb and John Neal; attested May 24, 1737 .]
[License to the administratrix, March 28, 1739, to sell real estate. ]
[Probate Records, vol. 14, p. 449.]
[Account of Sarah Haines of Greenland, widow, administratrix, of the settlement of the estate ; amount of personal estate, £145. 0.0 ; expenditures, {125.1.0 ; allowed May 30, 1739.]
To the Honble Richard Waldron Esq' Judge of Probate &c Sr
Whereas Johsua Hayns Late of Greenland deceasd Died Intes- tate and left besides the widow two Sons & four Daughters whereof Elizabeth my Wife is one ; I would therefore pray that Destribu- tion of Sd Intestates Estate may be Ordered, that the part which belongs to my Wife may be Set out unto her-
Your Honour's Most Obedient Servant
Hampton Falls, May 19 : 1741
John green
[Warrant, March 30, 1750, authorizing Thomas Packer of Portsmouth, Clement March, Enoch Clark, William Norton, and Nathan Marston, yeomen, all of Greenland, to report on the pos- sibility of dividing the estate without injury to the whole.]
[Report, June 25, 1750, against dividing the estate ; signed by Thomas Packer, Clement March, Enoch Clark, and Nathan Marston. ]
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WILLIAM FELLOWS 1737 PORTSMOUTH
[Administration on the estate of William Fellows of Portsmouth, innholder, granted to his sons, Nathaniel Fellows, cooper, and John Fellows, under-sheriff, both of Portsmouth, April 21, 1737.] [Probate Records, vol. 14, p. 209. ]
[License to the administrator, Dec. 28, 1748, to sell land in Bow.]
[ Probate Records, vol. 17, p. 341. ]
JOHN BUNKER I737 DOVER
[Administration on the estate of John Bunker of Dover, yeo- man, granted to his son, Zachariah Bunker of Dover, yeoman, April 27, 1737.]
[Probate Records, vol. 14, p. 210.]
JOHN HANSON I737 DOVER
[Administration on the estate of John Hanson of Dover, yeo- man, granted to his son, John Hanson of Dover, yeoman, April 27, 1737.]
[Warrant, April 27, 1737, authorizing Thomas Millett, gentle- man, and Jolin Twombley, yeoman, both of Dover, to appraise the estate. ]
[Inventory, May 4, 1737; amount, £1307.0.0 ; signed by Thomas Millett and John Twombley. ]
The Settlement of the Estate of John Hanson late of Dover in the Province of New-Hampshire in New-England Deceas'd, Made Concluded & Agreed upon, this Tenth Day of May Anno Domini one thousand Seven hundred and Thirty Seven, & in the Tenth
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Year of his Majesty Reign ; By & between John Isaac & Daniel Hanson Israel Hodgdon & Hannah his Wife, Ebenezer Varney and Elisabt his Wife, being the Children of the aforesd Jnº Hanson Deceas'd, and Joseph Meader of the Island of Nantucket Yeomen, Gardian to Mercy and Abigail Hanson the Children of the afores'd Jnº Hanson Deceas'd, being in their Minority ; is as follows, viz : -
Imprimis That Elizabetli Hanson Relict Widow of the aforesd Jnº Hanson Deceas'd, Shall have ye whole of her Right of Dowry in and unto the aforesd Estate in the Homestead Land During her Natural Life, and at her Decease the one half Part of her sd Dowry in Land, Shall be to & for the Sole use & behoof of the aforesd Jnº Hanson his Heirs and Assigns for ever; and the other half Part of her sd Dowry Shall be to & for the sole use & behoof of ye aforesd Israel & Hannalı Hodgdon Ebenezer & Elizabt Varney Mercy & Abigail Hanson their Heirs & Assigns for ever .-
2ly That, after the aforesd Widows Dowry & ye Parts or Propor- tion Justly belonging to the aforesd two minors, viz : Mercy and Abigail Hanson, Shall be Deducted out of the aforesd Estate then the Remainder of the sd Homestead Land Shall be to and for the Sole use & behoof of ye sd John Hanson his Heirs & Assigns for ever.
3ly That all the Land Lying by Salmon-fall River in Dover aforesd and also all ye Land in Rochester in the Province aforesd which doth any ways Appertain unto ye aforesd Estate of sd Jnº Hanson Deceas'd Shall Be to tlie Sole use & behoof of the afored Isaac and Daniel Hanson their Heirs & Asigns for ever And the sd Isaac and Daniel Hanson Shall also have the liberty of Cutting & Carrying off four Loads of Hay from their Brother John Han- sons Part of the aforesd Homestead Land Yearly or every Year Sucsesively for the Term of four Years next Ensuing the Date herof and no longer. -
4ly That the aforsd Jnº Hanson Shall Pay or Cause to be Paid unto the aforesd Israel & Hannah Hodgdon their Heirs Exect or Adminirs the Sum of one hundred & Thirteen Pounds Six Shil-
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NEW HAMPSHIRE WILLS
lings and Eight Pence in good Province Bills of Credit at or before the Tenth day of November next Ensuing the Date hereof .- -
5ly That the aforesd Jnº Hanson Pay or Cause to be Paid unto the aforesd Ebenezer Varney and Elisabeth his sd Wife their .Heirs Exectrs or Administrs the Sum of one hundred & Thirteen Pounds Six Shillings & Eight Pence in good Province Bills of Credit within the Term of five Years from the Date hereof ---
6ly That the aforesd Mercy & Abigail Hanson Shall have their Just Part or Proportion of their sd fathers Estate in the aforesd Homestead Land And that the sd Jnº Hanson their Brother Shall have the Sole use & Improvement of their sd Part until they Shall Arrive at ye Age of Twenty one years, he Paying or Caus- ing to be Paid unto the aforesd Joseph Mead their sd Gardian, or his order, for the use of the sd Mercy and Abigail Hanson the Sum of Nine Pounds Yearly or every Year 'till they Shall Respec- tively arrive at the aforesd Age of Twenty One Years, and Shall be Legally qualified to Improve or Dispose of their Interest in the sd Estate themselves.
And it is further Agreed & Concluded by & between the Parties to these Presents, that if any of the sd Parties shall be Legally Deprived or Dispossessed of any part of the Estate herein Assign'd them for want of a Legal Title to the Same, as not being properly part of, or Legally Appertaining unto the Estate of ye aforesd J110 Hanson Deceas'd then Each of the abovesd Parties Shail bear an Equal Part of the Loss or Damage Sustained by Such a Dispos- session. In Testimony of the free & full Consent & Agreement, of ye abovesaid Parties, unto, and of their true Performance of all & every of the Articles & Covenants herin Contain'd, they have hereunto Set their Hands and Seals the Day & Year first above written.
Signed Sealed & Delivered In the Presence of us. -
John Hanson Isaac hanson his Daniel X Hanson mark
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Israel Hodgdon hannah hodgdon Ebenezer varne Elizabeth varney Joseph meader as garden
[Allowed May 16, 1737.]
SAMUEL WINKLEY I737 PORTSMOUTH
[Administration on the estate of Samuel Winkley of Portsmouth, mariner, granted to his widow, Olive Winkley of Portsmouth, May 9, 1737.]
Mr Parker
My daughter Winkley is afraid that her husbands estate will prove insolvent and therefore does now represent it as Such to the Judge of Probate, and prays that an entry may be inade accord- ingly, and that the Steps which the Law directs to in such a case inay be taken
roth May. 1737 . Yors
Thomas Phipps
[Warrant, March 30, 1738, authorizing Eleazer Russell and Jolın Cutt, both of Portsmouth, to receive claims against the estate. They reported, without date, that no claims had been pre- sented. ]
DANIEL LEAVITT 1737 STRATHAM
In the Name of God amen the fourteenth day of May in the year of our Lord God one thousand seven hundred & thirty seven I Daniel Leavit of Stratham in the Province of New Hampshire New England yeoman : Being very sick and weak in body *
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My Will is that my Debts Funeral & Just Expences of all sorts be first paid out of My Movable Esteat, only I Will to my Daughter anne Thorndike twenty pounds out of my Movable esteat ; as I shall herafter mention
Imprimis) I Give and Bequeath to Abigail my dearly Beloved wife the south west end of my house & the privilidge of the Cel- lar under it, and six acres of land adjoyning to sd house where she sees cause to take it including my young orchard in sd six acres, Dureing her Widdohood, beside her lawfull thirds :
Item I give unto my beloved son John Leavit five shillings to be paid by my son James Leavit, beside the twenty acres of land I have already given him by Deed of gift.
Item I give unto my beloved son Samuel Leavit and to the law- full heirs of his body, a certain parcell of my lands lying in said Stratham aforesd containing about thirty acres be it more or less, and is bounded as followeth : vizt begining at the southeast end of my land Joyning to Sam1] Goodhues land, and from thence to run Near Norwest or as my land runs the whole breadth of iny land : till it comes to a Prity large white oak tree that standing in my field Just against a white oak tree that stands in the fence be- tween my land & Moses Leavitts land : sd White oak tree in my field stand close by the side of low piece of grass ground : a North- east & south west line across my land to be the deviding line between the land I give to my sd Son Sam" Leavit & his heirs & my other land, also I give unto my sd son sam" Leavit & his heirs the Privilidge of a way one rod wide wide from sd land to the countrey Road, to be Next to Colonal Wiggins land, And furtlier I will that my sd son Sam" Leavit pay unto his sister Abigail con- ner twenty pounds in Money or in such Specie as she will Except of in the room of sd mony : four pounds # year five years runing the first year to begin twelve months after my Deceass : and like- wise to pay unto his sister Martha Gilman five pounds in money or in species to her Exceptance yearly twenty shillings # year the first year to begin as aforesª till sd five pounds be paid
Item I Give unto iny beloved son James Leavit & to the law-
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NEW HAMPSHIRE WILLS
full heirs of his body the one half of my land & Marsh in said stratham lying on both sides of ye countrey Road together with half my house & barn : on sd land, Excepting the lands before mentioned, given to iny son Sam" Leavit & his heirs And further I will that iny sd son James Leavit pay unto his sister Hannah Leavit fifteen pounds in money or in such Speices as she will Except of in the room of said mony : five pounds ? three years runing, the first year of payment to begin two years after mny deseas so yearly till sd fifteen pounds be paid : & to his brother John Leavitt five shillings in mony :
Item I give unto my well beloved son Nathaniel Leavit and to the lawfull heirs of his body the other half of my land & Marsh in sd stratham as I have given the one half as abovesd to my sd son James Leavit wth ye other half of my sd house & barn, sd land & Marsh & house & barn Excepting the land given to my sd son Sam" Leavit, to be Equally divided for quantity & quallity between my sª son James Leavit And my sd son Nathaniel Leavit, and further my will is that iny sd son Nath" Leavit be bound out to a Trade untill he be twenty one years of age and when he my sd son Nath" Leavit comes to be out of his time, shall pay unto his sister Hannah Leavit fifteen pounds in money or in such Species as she shall except of in the room of said money, that is five pounds # year three years runing the first year of payment to begin when he is twenty one years of age
Item I give unto my Daughter Abigail Conner the lialf of ye Privilidge of ye Midle lower room in my sd house to live in so long as she liveth single as Now she doth or shall live a widdo and also twenty pounds in money to be paid her yearly by her brother Sam11 Leavit at five pounds # year as aforsd
Item I give unto my Daughter Martha Gilman five pounds in money to be paid her by her Brother Sam" Leavit yearly twenty shillings # year as aforesd five years runing :
Item I give unto my Daughter Anne Thorndike twenty pounds in Money to be paid out of my stock of creatures by my Executors as they are prized, & as soon as May be after iny Will is proved
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Item I give unto my son in law Josiah Thorndike all my Right in the two acres of land he bought of my sd son John Leavit in sd stratham
Item I give unto my Daughter Hannah Leavit thirty pounds in mony to be paid her by her Brothers vizt James Leavit & Nath- aniel Leavit yearly as aforesd :
And further it is my will that if my sd sons : viztt sam11 James and Nathaniel Leavit shall or doth refuse or Neglect to pay unto their sisters : viztt Abigail Conner Martha Gilman & Hannah Leavit the sums of money above mentioned and according to the time aforesd It shall be in the Power of my Executors : to lease out the lands given to my sd sons as abovesd ; to any other Person untill the Whole of sd sums be paid them by the rents thereof &c
And further my will is that the whole produce of my lands this year be improved towards paying iny Debts & should there be any left when my Debts are paid : my wife to have the disposeing of it : Likewise I constitute make & ordain in' William Pottle of strat- ham aforesd and Abigail my Beloved Wife, my only & sole Execu- tors of this my last will and Testament And do hereby utterly disallow revoke & disannull all & every other former Testaments Wills & Legacies Requests and Executors by me in any ways be- fore this time Named Willed & Bequeathed, Ratifiing & confirm- ng this and No other to be my last Will & Testament In Witness Whereof I have hereunto set my hand & seal the day and year above Mentioned
Signed sealed Published Pro- nounced and Declared by the said Daniel Leavit as his last Will & Testament in ye Presence of us the subscribers viztt
Thomas Veasey Jur Moses Leavit her Elizebeth X Leavit Mark [Proved June 13, 1737.]
bis Daniel X Leavit mark
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[Guardianship of Nathaniel Leavitt, minor, aged more than fourteen years, son of Daniel Leavitt, granted to his mother, Abi- gail Leavitt of Stratham, Dec. 27, 1738.]
[Bond of Daniel Tilton of Exeter, trader, with Theophilus Smith of Exeter and John Dow of Epping as sureties, in the suin of £1000, Jan. 30, 1760, for the administration of the estate ; wit- nesses, William Parker and Jolin Langdon, Jr. ]
[Administators' account of the settlement of the estate ; receipts, £102.0.0 ; expenditures, £51.0.0 ; allowed Feb. 25, 1761.]
EDWARD TOOGOOD I737 PORTSMOUTH
In the Name of God Amen the fourteenth Day of may in the year of our Lord one thousand Seven hundred & thirty Seven I Edward Toogood of Portsmouth in New Hampshire in New Eng- land Bricklay : being weak in Body *
As to my Burial I leave it to the Discretion of my Dear Wife whome I do appoint my Soul Execurx As to my worldly Estate I Will and bequeath it in Manner and form following-I Will that iny Just debts & funerall Charges be paid out of my Estate by My Execrx hereafter Named-Item, I Give all my Estate real & # sonall unto my well beloved wife Hannah Toogood Dureing her Natural Life with full power & Authority to Sell and Dispose a peice of My Garden fronting on the Street that leads from Joseph Moultons Down Southerly to the Creek Against Capt Joshua Pierces and there being Sixty Eight foot : and from that to run in West ward on the Street between my land and the Land of Capt Samuell Persons on the Southerly Side thereof forty foot and to Carry that Same Breadth of forty foot Down Southerly by Moultons Street to the Land of Samuell Marshall : And alsoe to Sell & Dispose of my Land in Barrington in New hampshire afforeSaid, to Sell these two peices of Land to Raise Money to pay iny Debts & funerall
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Charges-the Remainder for her own Support-Item after iny Said Wifes Decease : I Will and bequeath all the Estate I Gave lier (besides what I have Ordered her to Dispose of to My Daughter Mary Cotton During her life : & after her Decease to the Children of her Body Lawfull begotten and I do by these presents Nominate & appoint my Dearly beloved wife Hannah Toogood : Sole Execu- trix of this My last Will & testament And I do hereby Revoke & Disanull all other Wills and bequests by ine Made allowing this and no other to be iny Last Will & testament In Witness whereof I have hereunto Set iny hand and Seal : the Day & year above said the word (my) was Interlin'd before Ensealing I do liereby Desire my friend Thomas Pierce of Portsmº Esq' to assist my wife in the # formance of this my will-
Sealed Published & Declared by the above Named Edward Toogood to be his Last will & Testament in presence of
Sam Waters
Joshua Jackson James Jeffry [ Proved June 6, 1737 .]
[ Probate Records, vol. 14, p. 215.]
the mark of
Edward X Toogood
ROBERT GREENOUGH 1737 BOSTON MASS.
[Administration on the estate of Dr. Robert Greenough of Bos- ton, Mass., granted to his father, Daniel Greenough of Newcastle, gentleman, May 16, 1737.]
[Probate Records, vol. 14, p. 271.]
SAMUEL BEAN 1737 KINGSTON
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