USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 2 1718-1740 > Part 49
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Gilman aforesaid during her naturall Life and after her Decease that also to be Equaly Devided between them and my will is that my Son James aforesaid and his heirs and Assigns Shall have the north Side of my Said home Place and Land adjoyning to his Dwel- ling house and my Said Son nehemiah his heirs and Assigns to have the South Side with My Dwelling house and other building thare on & if my northermost Barn Should happen to Stand on my Son James halfe that his brother Nehemiah hall it of unto his halfe and my will is that the Land above the highway and the Land be- low the way be divided Seperately between iny Said two Sons : viz : Each to have halfe above and halfe below Said way as also the flats to be Equaly Devided between them Item. I give Devise and Bequeath unto my Sons James and Nehemiah aforesaid their heirs and Assigns forever my Saw mill at Piscassack aforesaid with the Land Stream priveledges and Appurtinances thereto belonging two years after my Decease and to hold & enjoy the Same as ten- ents in Common and I do hereby appoint my Said Sons James Gilman and Nehemiah Gilman Executors of this my Last will and Testiment and to Pay my Just Debts funerall Expences and Leag- acyes aforesaid to be Paid by them as aforesaid as Witness my hand aud Seal this thirtyeth Day of may anno Domini one thousand Seven hundred and thirty Eight
Signed Sealed published and declared by James Gilman to be his Last will and Testament in presents of us- - -
- Jeremiah Conner Zebulun Gidding Edward Gilman [Proved March 28, 1739.] [ Probate Records, vol. 14, p. 456. ]
his James X Gilman mark
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JOSHUA STEVENS 1738 STRATHAM
[Administration on the estate of Joshua Stevens of Stratham granted to his widow, Catherine Stevens, May 31, 1738.]
[Probate Records, vol., 14 p. 347.]
[Warrant, May 31, 1738, authorizing Moses Leavitt and Joshua Neal, housewright, both of Stratham, to appraise the estate of Joshua Stevens, joiner. ]
[Probate Records, vol. 14, p. 373. ]
[Inventory, June 6, 1738 ; amount, £760.6.0 ; signed by Moses Leavitt and Joshua Neal ; attested by Mrs. Catharine Stevens, administratrix, Aug. 30, 1738.]
[Warrant, March 18, 1745, authorizing Thomas Wiggin, Sam- uel Lane, Moses Thurston, Joshua Neal, and Joshua Hill, all of Stratham, to divide the estate. ]
[Account of Catharine Mason, administratrix, of the settlement of the estate of her former husband, Joshua Stevens ; amount of estate, £746.4.0 ; expenditures, £359.5.6 ; allowed Feb. 29, 1745/6 ; mentions " charges of Lying in," and " to bringing up the child 7 yeare Nursing & cloathing."]
Whereas we the Subscribers being (by a Warrant from the Honble Andrew Wiggin Esq' Judge of the Probate of Wills &c for the Province of New Hampshire Dated March 18th 1745) Authoriz'd and Impower'd to Divide the Estate of Joshua Stevens Late of Stratham in Sd Province, Deceas'd and to do the Same in the following Manner viz one Third part thereof to Catherine the widow of the Sd Deceas'd : and two fifth parts of the other two Thirds to Joshua the Son of the SI Deceas'd : and one fifth part to each of the other children of the Sd Deceas'd viz Dorothy Sarah and Elizabeth ; and in making of which Division to have regard to the Quality as well as Quantity of the Land and Buildings Setting forth each part by Metes and Bounds &c. Accordingly we
45
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have proceeded and made the Sd Division (according to the best of our Judgments and abilitys) in the following Manner viz. The Widows thirds being five acres of Land and orchard Bounded Norwesterly on Land of James Kennison and Southwesterly on Land of Joshua Kennison and Southeasterly on Land of Samuel Wiggin and Noth Easterly on Land of Walter Wiggin, also one acre and a half of Land which is wood Land Lying at a Distance from the Homestead Bounding on the Norwest Side on Land of Cornet Thomas Wiggin forty three Rods; and Runing South Easterly that Breadth five Rods and Eleven feet. -
The Part allotted for Dorothy being two Acres and a half of Land and orchard Lying on the South East Side of ye Country Road Bounding on Sd Road twenty nine Rods and a half, and Bounding Southeasterly on Land of Cornet Tho' Wiggin thirty two Rods also South Westerly on Sd Cornet Wiggins Land Twenty one Rods & 5 feet.
The Part Allotted for Sarah being five acres of Land Bounded as followeth viz. Southwesterly on Land of Richard Crockets forty Six Rods, also Northwesterly on Sd Crockets Land Sixteen Rods, and Southeasterly Runing from Sd Crockets Land Runing by Land of Joshua Neals thirty rods to a stake and stones : and from thence runing Southwest ten Rods to a Stake and Stones : then Runing about South twenty Six Degrees East twenty two Rods & a half to the country Road to a Stake & Stones : and from thence bounding on Sd Road twelve Rods & a halfe to the abovesd Crockets Land first mentioned.
The part allotted for Elizabeth being five acres of wood Land Bounding Southeasterly on Land of Benjn Jewets forty three Rods, and South-Westerly on Land of Noah Barker eighteen Rods & five feet, and Notheasterly on Land of Thomas French eighteen Rods & five feet, And Norwesterly on Land belonging to her Mothers Thirds, also Three quarters of an acre of Land Bounding as followeth viz. Begining at the corner near Joshua Kennisons House, and runing near West as the Country Road runs Ten Rods to a stake & stones ; from thence runing about North forty Degrees
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East Eighteen Rods and a half to a stake standing by the way that leads to Sandy Point, and Bounding Notheasterly and South Easterly on Sd Way as it now runs twenty Rods till it comes to the corner first mentioned. - -
The Part allotted for Joshua being Ten Acres of Land Bounded as followeth viz. Begining at a stake & stones standing at the South East corner of the Land allotted for Sarah before mentioned and Runing Easterly by the Country Road Bounding thereon fifty three Rods to Land allotted for his sister Elizabeth ; and bounding Easterly on Sd Elizabeths Land Eighteen Rods to Sandy Point Road ; and bounded Notheasterly on Sd Sandy Point Road till it comes to Joshua Neals Land ; then Bounding round on sd Neals Land as the fence now runs till it comes to the Land allotted for his sister Sarah ; and bounded on Sd Sarahs Land till it comes to the country Road Abovementioned .-
The Division of the Buildings is as followeth viz the East end room of the House and the chamber, and one third part of the Celler at the North end, with liberty of passing & repassing up Stairs and down, to be for the widows thirds of the Buildings .-
Joshuas part of the Buildings to be the West end Room of the House and Chamber, and 8 foot of the Celler at the South end, with Liberty of passing and repassing up Stairs and down .-
Sarahs part of the Buildings to be the Backroom of the House and chamber and the remaining four feet of the celler, with Lib- erty of passing & repassing up Stairs and down .-
Dorothys part to be one half of the Barn at the East end .-
Elizabeths part to be the other half of the Barn at the West end .-
The abovementioned Divisions were make and Signed by us the Subscribers this Twentyninth Day of April Anno Que Domini one Thousand Seven Hundred and forty Six, in the Nineteenth year of his Majestys Reign George the Second King &c.
Joshua Neall
Thomas Wiggin Samuel Lane
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[Guardianship of Elizabeth Stevens, minor, aged more than fourteen years, daughter of Joshua Stevens, granted to William Boynton of Kingston, yeoman, June 26, 1746.]
[Probate Records, vol. 15, p. 455.]
[Guardianship of Joshua Stevens, minor, aged more than four- teen years, son of Joshua Stevens, granted to Samuel Wiggin of Stratham, yeoman, Nov. 30, 1748.]
[Bond of Samuel Wiggin, with Thomas Wiggin, yeoman, as surety, both of Stratham, in the sum of £500, Nov. 30, 1748, for the guardianship of Joshua Stevens ; witnesses, William Parker and Lewis Haines. ]
[Guardianship of Joshua Stevens, minor, son of Joshua Stevens, deceased, granted to Hubbard Stevens April 2, 1754.]
[ Probate Records, vol. 19, p. 24.]
[Bond of Hubbard Stevens of Durham, joiner, with Joseph Mason of Stratham, weaver, as surety, in the sum of £1000, April 2, 1754, for the guardianship of Joshua Stevens ; witnesses, Benjamin Norris and Nathaniel Wiggin. ]
BARTHOLOMEW THING 1738 EXETER
[Administration on the estate of Bartholomew Thing of Exeter granted to his widow, Sarah Thing, and his son-in-law, Nicholas Gilman, Jr., of Exeter, gentleman, May 31, 1738. ]
[ Probate Records, vol. 14, p. 336. ]
[Warrant, May 31, 1738, authorizing John Lord and Peter Gilman, both of Exeter, to appraise the estate. ]
[Probate Records, vol. 14, p. 361.]
[Inventory, June 16, 1738; amount, £7102.10.4 ; signed by John Lord and Peter Gilman. ]
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JOHN GILMAN
1738 EXETER
The Last Will and Testament of John Gilman of Exeter in the Province of New hampshire Esq' being of Sound disposing mind & memory-blessed be almighty God for the Same Do therefore this nineteenth day of June Anno Domini 1738 make this my Sd last will & testament in manner following (vizt) first I give and recommend my Soul into the hands of almighty God who gave it me in hopes of a Joyfull resurrection and my body to the earth to be bury'd at the discretion of my Executors hereafter named and as for the wordly Estate it hath Pleased God to bless me with after my Just debts and funeral Expences are paid & discharged I give bequeath & dispose of in manner following (vizt)
Imprs I give and bequeath unto my dearly beloved wife Eliza- beth Gilman all the household Stuff She brought with her & what we have Since purchased to her own disposall amongst our Child- ren and also the Sum of Seventy pounds in money or provision at money price yearly during her remaining my widow twenty pounds whereof to be paid by my Son Peter Gilman & the re- mainder to be paid by my Sons John, Nicholas, Samuel & Nathan- iel Gilman equally yearly and every year as She Shall require the Same as also the use and improvemt of Such parte of my now dwelling house wharfe barn & gardens adjoyning to my Sd dwel- ling house & Standing on Sd wharfe during her Sd widowhood as She Shall desire
Item-I give devise and bequeath unto my Son Peter Gilman & to his heirs & assigns forever that Parte of that land I bought of Capt" James Leavit in Hampton in the Province aforesd that now remains unsold being about ten acres more or less the other parte whereof I have Sold to James Sanburn which Sª land now lyes in the parish of Kensington in the Province aforesd at a place call'd Grass Swamp as also the one halfe of my Griest mills in Exeter aforesd near my Sd Sons now dwelling house with the land, water, priviledges & appurtenances thereunto appertaining as also the one halfe of my Salt marsh at Salisbury in the County of Essex and also my Silver tankard
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Item I give devise and bequeath unto my Son John Gilman his heirs & assigns forever that new Dwelling house near Zebulun Giddings in Exeter aforesd that I have lately built with all my land thereunto adjoyning being Ten acres or thereabouts as it is now butted & bounded & also the other halfe of my Salt Marsh in Salisbury aforesd & also my Silver hilt Sword
Item I give devise and bequeath unto my Son Samuel Gilman his heirs & assigns forever my old dwelling house near the great bridge in Exeter aforesd with all iny land and Orchard thereunto adjoyning except that parte of it which I Shall hereafter in and by this my last will & testament give unto my Son Nicholas Gilman & also one quarter of iny Parte in the Saw mill by Thos Edgerlyes in Exeter aforesd & also all my right to the Island opposite to it whereon Calfes Grist Mill Stands with the priviledges thereto belonging
Item I give and bequeath unto my Son Nicholas Gilman my now dwelling house aforesd with the wharfe & buildings thereon & my land adjoyning thereto to him his heirs and assigns forever his mother improving Such parte of it as She Shall want during her widowhood & also my Salt Marsh call'd Greenfields Marsh in Exeter aforesd as also the one half of my Griest Mills in Exeter aforesd with the land Stream & priviledges belonging thereto
Item I give devise and bequeath unto my Son Nathaniel Gilman that Lott piece or parcel of land in Exeter aforesd that I bought of Moses Kimming adjoyning to Capt" Eliphalet Coffin dec'd his home place to be to himhis heirs & assigns forever & also my three parcels of Salt Marsh lying at or near Brays marsh So call'd in Exeter aforesd & also one hundred pounds in money to be paid by my Executors towards his Schooling & education as he Shall want it
Item I give devise & bequeath unto my daughter Abigail Moore two hundred & fifty pounds in money or Some merchantable pay to be paid her within three years after my decease by my Sons Peter, John, Nicholas, & Samuel aforesd
Item I give unto my Son Robert Gilman he having receiv'd his
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portion already that one hundred pounds bond that I have against him with the Intrest that Shall be due thereon
Item I give unto my Sons Nicholas Samuel & Nathaniel aforesd and my aforesd daughter Abigail Moore all my plate not already disposed of to be equally divided between them immediately after my decease
Item I give and bequeath unto my grand daughter Elizabeth Hale one hundred pounds in money or merchble pay to be paid her within three years after my decease by my aforesd Sons Peter, John, Nicholas & Samuel
Item I give unto my Daughter Abigail Moore aforesd and my Sd Grand daughter Elizabeth Hale all the household goods that was my former wifes immediately after my decease to be divided between them
Item I give devise and bequeath unto my Sons John, Nicholas, Samuel & Nathaniel aforesd and to their heirs and assigns forever all my land at Grasse Swamp in Exeter aforesd not already dis- pos'd of as also my pasture at Raspberry hill So call'd and that land on the North Side of the river opposite to Sd raspberry hill not already disposed of which Joyns on the Sd river call'd the little river as also all iny land lying on the westermost Side of the Comon field in Exeter aforesd bounded Westerly by land in pos- .session of Deacon John Lord northerly on the highway that leads to Kingston Easterly on lands in possession of L' Daniel Gilman & Southerly on the little River aforesd
Item I give devise and bequeath unto the Town of Exeter aforesd forever for a burying place parte of that triangular piece of land in the Comon field aforesd that lyes near that which was lately the dwelling house of Sam" Sibley late of Exeter aforesd be- tween the Road that leads from the Meeting house & that from the lanes end in Exeter aforesd to Kingston provided Sd Town fence the Same within three years after my decease that is to Say the remainder of Sd piece of land that Shalbe left after measur- ing off to iny Sons Nicholas Samuel & Nathaniel aforesd halfe an acre to each for a house lott at each Corner which Sd house
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lotts. I give devise and bequeath unto my Said three Sons & to their heirs & assigns forever (vizt) to each of them one as they Shall agree
Item I give devise & bequeath unto my Son Nicholas his heirs & assigns forever parte of my aforesd Orchard bounded as followes beginning at the uppermost of the three great rocks that are to- gether at the great fresh river above the great bridge & are near the Shore on that Side next my Orchard & from Sd Rock run- ning South thirty degrees west about five rods to the North End of a flat rock & from thence running through the Gulley in my Orchard South twenty two degrees west to the aforesaid River on Sd River to the bounds first mentioned as also a pathway by the river to the Sd premises
Item All my lands Tenenements hereditaits meadows, pastures, marshes, buildings, Comon rights, Charter rights, town grants & the priviledges and appurtenances thereunto belonging within the township of Exeter aforesd or any other Town parish or precinct whatever (not already by me disposed of) I Do hereby give devise and bequeath unto my Sons aforesd namely Peter, John, Nicholas, Samuel & Nathaniel and to their heirs & assigns forever to be equally divided between them
Item I give devise and bequeath unto my aforesd Loving wife & my Son Peter Gilman aforesd all iny personall Estate of what nature or kind Soever that I have not already given and bequeath'd to enable them to pay and discharge my Just debts & funeral Ex- pences & Legacy aforesaid And I do hereby appoint and Consti- tute my Sd Loving wife Elizabeth Gilman & my Sd Son Peter Gilman Executors of this my last Will and Testament and do hereby revoke all former wills by me made as witnes my hand & Seal this day & year aforesd
Sign'd Seal'd publish'd & declar'd by John Gilman abovesd Esq' to be his last will & testa- ment in presence of us
John Gilman
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Edward Hall Coffin Thing Nich Perryman [Proved April 28, 1742.]
[Warrant, April 28, 1742, authorizing Edward Hall, John Lord, and Daniel Thing, all of Exeter, to appraise the estate. ]
[Inventory, May 18, 1742 ; amount, £9472.1.0; signed by John Lord and Daniel Thing. ]
[Guardianship of Nathaniel Gilman, minor, aged more than fourteen years, son of John Gilman, granted to Peter Gilman of Exeter Feb. 23, 1742/3.]
[ Probate Records, vol. 15, p. 227.]
WILLIAM BARNES 1738 PORTSMOUTH
In the Name of God Amen
The Ninteenth day of July Anno Domini 1738, I William Barns of Portsmouth in New Hampshire in New England La- bourer being very Sick in Body * *
Item I Give and bequeath unto mny well beloved Wife Elizabeth Barns the use and Improvement of my Dwelling house and Land During her Natural Life also the barn Standing on iny Land And I Do hereby Nominate Constetute and Appoint my Said Wife Elizabeth Barns to be Sole Executor of this my Last Will and Testament
Item I Give and bequeath unto my well beloved Son William Barns my Dwelling house and Land and barn for him to take possession thereof after my abovesaid Wife Eliza Barns shall De- cease also My wearing Cloths-to be Deliver'd when he Shall Come of age
Item : I Give and bequeath to my beloved Daughter Dorkis Barns all my household goods bed and beding to be Deliver'd her
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by my Exec' when She Shall Come to the age of Eighteen years
And I Do hereby Revoak and make null and Void all other Wills and bequests by me heretofore made hereby Ratifying And holding firm and Vallid this and no Other to be my Last Will and Testament In Witness Whereof I have hereunto Set my hand and Seal the Day and Year first inentioned
Signed Sealed Deliver'd and pronounced by the Said William Barns to be his Last Will and Testament in presence of us John Marshall Abigail White her
Memorandm (before Sign- ing) my Land at Barrinton I will that it be Sold by my Ex- ecutor for to help to pay my Debts
his William X Barns mark
Margaret X Bruster mark [Proved Aug. 30, 1738.]
[Petition of the widow, Elizabeth Barnes, Dec. 27, 1742, for license to sell land in Barrington ; witnesses, Samuel Jackson and Ben Pitman. ]
[License to the administratrix, Dec. 29, 1742, to sell real estate. ]
[Probate Records, vol. 15, p. 213.]
HENRY SHERBURNE 1738 PORTSMOUTH
In the name of God Amen
I Henry Sherburne of Portsmouth in the Province of New Hamp' in New England Yeoman being Very aged & Infirm *
*
Item I begive Devise & bequeath to my beloved wife Sarah Sherburne to be Injoyd by her Duering her naturall Life one third parte of my real Estate that I have now in Possession before
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any Sale or Distrybution thereof or of any parte thereof made & alsoe the use & Improvement of the three Lower rooms at the East end of my Dwelling house upon Condition that she my sd wife allows to my Daughter Sarah Sherburne Duering her Naturall Life or till Day of marriage the use & Improvement of the Little fire room on the Southerly Side of the Sd East End of my Dwelling house aforesd & furthermore I give Devise & bequeath to my Sd Wife Satah & to her heirs & assignes for ever all the furniture belonging to my Dwelling house to be at her Disposall Immediately after my Decease as She Shall think Proper I alsoe resigne to my sd wife all manner of right or Title to my Estate Either in Posses- sion or reverssion that came by her by any ways or means what ever to her lier heirs & assigns forever
Item I Do hereby ratify & Confirm to my Son Henry Sherburne & to his heirs & assignes forever what I have formerly given him be Deed or otherways haveing allready given him what I Intend as his Portion or Shear of my Estate I therefore give him five Shil- lings to be paid him by my Executors which is to be in full of all or any Demand on iny Estate
Item I give & bequeath & Devise to my Two Sons Thomas Sherburne & Joseph Sherburne & to their heirs & assignes after my Just Debts & Legacies herein this will mentioned are paid the whole residue of my Estate both real & Personall to be Equally Divided between them but in Case my Son Thomas Should now be Dead or Dye before he returnes to this Country then my will is that what I have given him Shall be thus Disposed of (Viz) one hundred pounds to be paid to his Son Thomas when he Shall come to the Age of Twenty one years & that he be alsoe maintained out of his fathers Portion till he is fourteen years old or till he Shall be bound an Apprentice with Victualls Cloathing & Schooling alsoe my will is that in case my sd Son Thomas or his heirs Executors or administrators or assignes Should Demand & recieve any thing out of my Estate by way of payment or Satisfaction for any Sum of money or Debts which he may Imagine Due to him that then the sd Sum So recoved together with all the Cost & Charges attend-
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ing thereof be alsoe Deducted out of his Shear or Portion herin given & in case of his Death as aforesd then after Deducting as aforesd the residue of what I have herein given him to be Equally Divided between my Son Joseph Sherburne & his five Sisters here- in mentioned and my Grandson Thomas Sherburne
Item my will is I Do hereby give bequeath & Devise to my Daughter Sarah Sherburne & to her heirs & assignes to be paid by my Executors hereafter namd within Two years after my Decease one hundred pounds & alsoe Six pounds a year Duering the Time She Shall Live unmarryed And asoe the use & Improvement of the Little fire room in the East End of my Dwelling house till Death or Day of Marriage
Item I give bequeath & Devise unto my Daughter Eliza Willsone & to her heirs & assignes to be paid by my Executors within Two years after my Decease the Sum of forty Three pounds Ten Shil- lings being with what She hath allready recd what I Intend as her Portion of my Estate
Item I give bequeath & Devise unto my Daughter Susannah Wiggin & to her heirs & assignes to be paid by my Executors within Two years after my Decease the Sum of Thirteen pound being with what She hath all ready recd what I Intend as her portion of my Estate
Item I give bequeath & Devise to iny Daughter Katharine Sher- burne the Sum of forty five pounds to be paid by my Executors . within Two years after iny Decease that being with what She hath allready recd what I Intend as her Portion out of my Estate
Item I give bequeath & Devise unto my Daughter Mary Sher- burne & to hier heirs & assignes to be paid by my Executors with- in Two years after my Decease One hundred pounds
Item My will is that if any of my Childred Should Dye without Issue & before they Shall receive their Portions of my Estate that then & in Such Case the Childs portion So Dying or such parte thereof as Shall be unpaid Shall be Equally Divided between the Survivours my Son Henry only Excepted
Item I Do hereby Disallow annul make Void & revoke all
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former & Other wills by me made holding this & this only to be my Last Will & Testament
Lastly I Do hereby nominate Constitute & Appoint my Sons Thomas Sherburne & Joseph Sherburne Executors to this my Last will & Testament both to Act Joyntly when in this Country & Seperately when Either Shall be out of the Country In witness whereof I have hereunto Set my hand & affixed my Seal this Day of Anno Domini-1738
Signed Sealed & Declared by Henry Sherburne
Mr. Henry Sherburne to be his
Last Will & Testament before us Witnesses
John Brewster
Samll Bruster John Sherburne
I Henry Sherburn of the Plains, in Portsmouth, in New Hamp- shire, in New England Yeoman, haveing sometime in the begin- ing of this Year, made my Testament; To which, (upon one consideration,) I have thought proper, to make some additions ; And accordingly, being of a sound mind, (through the favour of Heaven,) I Do hereby, make and ordain this, to be a Codicil & Supplement to my said Testament.
Imprimis, I Give and bequeath to my dearly beloved wife, and to her heirs and Assigns forever, (over & above, what I have al- ready given her,) two cows, and Six ewes, to be delivered her by my Executors, imediately after my decease ; and Moreover, It is my Will, and I do hereby order, that iny said Executors shall keep my said wife, sufficiently provided, (at all times,) with fire- wood at her door, such as is fit and convenient for her chimney, dureing her natural life ; It is to be understood, that the said wood, is to be cut off of my said wife's thirds.
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