USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 2 1718-1740 > Part 55
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Item I Give and bequeath unto Joseph Banfill the son of John Banfill of Portsmouth aforesaid husbandman the sum of fifty Pounds to be paid By my Executors hereafter named. Item I Give and Bequeath unto the wardens of the South Church in Portsmouth aforesaid for the time being for the use of said Church the sum of fifty Pounds to buy and purchase a Piece of Plate for the use of Said Church to be paid by iny Executors. Item, I Give and Be-
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queath unto the Reverend M' William Shirtleff Pastor of the said Church the Sum of Thirty Pounds to be paid by my Executors. Item, I Give & Bequeath unto Theodore Atkinson of said Ports- mouth Esq' the sum of Thirty Pounds to buy him a horse to be paid by my Executors. Item I give and Bequeath unto Matthew Livermore Esqr of said Portsmouth the sum of Fifteen Pounds to be paid him by iny Executors. Item I Give and Bequeath unto mny well beloved wife Abigail and unto her Heirs for ever all the rest of my land at the Bank so called in Portsmouth aforesd with the Buildings thereon standing and all my wharves at the Bank aforesaid with the buildings thereon standing and the Privileges thereunto belonging, and all Privileges by the water side at the Bank aforesaid that are inine and that it inay the better be under- stood what I Give and Bequeath unto my said wife and her Heirs for ever. By my land at the Bank mny wharves at the Bank and Privileges by the waterside at the Bank, I mean and Intend all my land, wharves and Privileges by the Waterside in Portsmouth aforesd that heretofore did belong unto George Vaughan late of Said Ports- inouth Esq' deceasd except the said Piece of land bounded as afore- said which I have order'd to be sold if need be for the end afore- mentioned, all of which that shall not be sold for the said use I Give and bequeath unto iny said wife and her Heirs for ever. Item I Give and bequeath unto iny said wife Abigail iny Negro woman Dinah my Negro Girl Diana, my Negro Boy Benfidy and my Negro Boy Ceesar : Item I Give and Bequeath unto my said wife the one half of all my Moveables, Stock & Debts and the one half of the Income of all my real Estate not heretofore disposed of. The said Negros and the one half of the sd Moveable stock and Debts to be at her own disposal and the one half of the Income of my real Estate as aforesd to be during her natural life and at her own disposal. Item as to the Rest of my Estate both real and personal not hereto- fore disposed of be the same where it will I Give & bequeath the same unto my Nephew Walker Lear (the son of my sister Elizabeth Lear) and unto his Heirs forever. He the said Walker Lear paying unto my said sister Elizabeth the sum of Two hundred pounds in
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two years after he shall arrive at the age of twenty one years, and unto my Cousins Ichabod Cheney and Hannah Spafford the sum of fifty Pounds each in three years after he shall come into full Pos- session of what I have herein given him the said Walker Lear. and I do hereby Constitute & appoint Abigail my well beloved wife, Theodore Atkinson Esq' & Joseph Langdon Gent all of said Portsmouth Executors of this iny last will & Testament. To whom I Give & bequeath fifteen pounds apiece over and above any thing before given them or eitlier of them And I do hereby utterly disan- null & revoke all other and former wills and Testements by me made ratifying and confirming this and no other to be my last will & Testement. In witness whereof I have hereunto set my hand & seal the day and year above writen
signd, seald, publishd pro- Geo : walker
nounced & declared by the said George Walker as his last will and Testement in the Presence of us the subscribers witnesses-
John Clark Moses nobel John Purmart
Be it known unto all men by these Presents That whereas I George Walker of Portsmouth in the Province of New Hampshire Gentleman have made and declared my last Will and Testament in writing bearing date the eighteenth day of August one Thou- sand seven hundred and forty. I the Said George Walker do by this present Codicil, Confirm and Ratifie my Said last Will and Testa- ment. And do hereby (over and above what I have in my said last will and Testament Given unto my dearly beloved wife Abigail) Give and bequeath unto my dearly beloved Wife Abigail my Negros Cato, Nancy Zenus, Nimshy and Primus, also a Note of hand I have front Nathanael Shannon for the sum of sixteen hun- dred and eight Pounds old Tenor bearing date the fourteenth day of February one Thousand seven hundred and forty six. also the
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Interest I have in a Mortgage Deed from Cutt Shannon and his wife to me also a note of hand I have from Madam Margaret Cham- bers for the sum of one hundred Pounds old Tenor. all the above to be at the Disposal of iny said Wife I also Give Bequeath and Devise unto my said Wife Abigail the use and Improvement of all my land in Portsmouth aforesd lying and being on the Easterly Side of the Road From the Plains so called and leading to Seavey's mills so called, and of ye Dwelling house Barn and orchard on Said Land during her Natural life. Item I Give to my Sister Eliza- beth Lear five hundred Pounds old Ten' And my will and meaning is that this Codicil be and be taken and adjudged to be a part and parcell of my Said last Will and Testament ; and that all things herein contained and mentioned be faithfully & truly performed and as fully and amply in every Respect as if the same were so declared and set down in my said last Will and Testament-
In Witness whereof I the Said George Walker have hereunto set my hand and Seal the fifteenth day of November one Thou- sand Seven hundred and forty eight
Sign'd, Seal'd publis'd and declared to be a Codicil to the last Will & Testament of the said George Walker by him the said George Walker in the Presence of us Witnesses Subscribing in the Presence of the said George Wal- ker-
his George X Walker mark
her
Sarah X Scott mark mary Langdon Willeam kingman [Proved Dec. 28, 1748.]
[Warrant, Dec. 28, 1748, authorizing Henry Sherburne and John Langdon, both of Portsmouth, to appraise the estate. ]
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Whereas We the Subscribers Were mutually Chosen by Abigail Walker Relict Widow of. Capt George Walker late of Portsin° in the Province of New Hampshire Gentleman deceas'd, And Walker Lear of said Portsmouth Joyner to make a division between the said Abigail Walker and Walker Lear of all Such Lands in Portsmº aforesaid that Lyes on the Southerly side of the highway that leads from Portsmº aforesaid to Seveys mill (so Called) Agreeable to the Last Will and Testament of the said George Walker-after we had viewed said premisses we Came to the following determination, vizt For the One half of said premisses we have set off the Beach Woods farın (so Called) and so much mowing Land at Bellehack (so Called) in the field next to Sam11 Lears apple tree (so Called) as to make five Load of English hay if so much shall be produced on said Land, yearly, if so much shall not be produced from said piece of Land Yearly then so much as to make it up in the field next adjoyning, Yearly. And the pastureing of one Yoke of oxen yearly on Bellehack farm after the Ensueing Year and the one half of the apples that may grow in Bellehack orchard the fence Round said piece of Ground to be kept in Repair between said parties. And the Residue of said Bellehack farm We set of for the other half, and if the said Abigail Walker and Walker Lear Cannot agree between themselves which part Each shall improve, then our determination is that the Same shall be decided by Lot. And as the said parties are not fully satisfied wheather the debts due from said George Walker are to be paid before or after said division and liave agreed to be determined in that point by Matthew Livermore William Parker and Nichº Perryman Esqrs & M' Noah Emery. Now if their Judgment shall be that the said Abigail was to have the one half of said Estate without allowing any thing for the debts due from said Estate then We order the debts to be paid out of the part that shall fall to said Walter Lear. But if it shall be their opin- ion that the debts ought to be paid out of the whole of the Es- tate before the division then we order the one half of said debts to be paid the one half out of Each Respective share-and if it shall so happen that more Value as to the Improvement in Lands shall
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be sold out of one Share than the other, Then our determination is that the one shall make allowance to the other in improveing so much Lands in his or her possession as to make them Equel the Same to be determined by inen Chosen between them if they Cannot agree themselves. In Witness Whereof we Have hereunto set our hands this thirteenth day of March in the twenty second Year of the Reign of King George the Second annoque Domini one thousand Seven hundred and forty Eight-
Henry Sherburne John Langdon
And the aforesaid Abigail Walker and Walker Lear do hereby Signify their full Satisfaction to the aforesaid division made by Capt Henry Sherburne and Mr John Langdon and have Consented that the said Abigail shall have the Beachwoods farm and the Residue that is set of to that part as in the before paper to the truth of which they have hereunto Set their hands & seals the day and Year before written
Signed sealed & Delivered in presence of
Abig1 Walker Walker Lear
Daniel Lunt William Kingman
And Whereas the said Henry Sherburne and John Langdon have this day made a Division of the Personal Estate of the said George Walker between the said Abigail Walker and Walker Lear agre- able to the Request of the said Abigail and Walker Lear. The said Walker Lear doth hereby acknowledge to have Recd his Share of What things is already Come to hand. And the said Abigail and Walker Lear do hereby signify their Satisfaction with the said Division to the truth of which they do hereunto Set their hands. Portsmouth March 29, 1749 one thousand Seven hundred & forty nine
Signed sealed & Delivered In
presence of Daniel Lunt William Kingman
Abig1 Walker Walker Lear
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SAMUEL LEAVITT 1740 STRATHAM
[Administration on the estate of Samuel Leavitt of Stratham, husbandman, granted to his widow, Sarah Leavitt, Aug. 27, 1740.]
[Warrant, Aug. 27, 1740, authorizing Solomon Cotton and Abraham Stockbridge, both of Stratham, to appraise the estate] [ Probate Records, vol. 15. p. 69.]
[Inventory, Sept. 16, 1740 ; amount £608.7.0 ; signed by Solo- mon Cotton and Abraham Stockbridge.]
[License to the administratrix, July 29, 1747, to sell real estate in Bow.]
[Administratrix's account of the settlement of the estate ; amount of personal estate, £388.19.0 ; expenditures, £388.19.5 ; allowed Aug 10, 1747 ; mentions "maintaining the Eldest Child from June 27th 1740 to Augt 7th 1742 it being 97 weeks," "ditto the Second from June 27, 1740 to february 20th 1744 it being 170 weeks," "ditto the third from June 27th 1739 to Sept' I. 1746 it being 322 Weeks."]
SAMUEL RAND 1740 RYE
[Administration on the estate of Samuel Rand of Rye, husband- man, granted to his brother, Joshua Rand of Rye, yeoman, Sept. 17, 1740.]
[Warrant, Sept. 17, 1740, authorizing James Marden and Nathaniel Berry, both of Rye, husbandmen, to appraise the estate. ]
[Probate Records, vol. 15, p. 70.]
[Inventory, signed by James Marden and Nathaniel Berry ; amount, £59.13.4 ; attested Oct. 29, 1740.]
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[Administrator's account of the settlement of the estate ; amount of personal estate, £45.5.10 ; expenditures, £77.10.8 ; allowed July 29, 1741.]
[Petition of Thomas Rand and William Rand, both of Rye, husbandmen, brothers of Samuel Rand, Sept. 28, 1743, for leave to sue the administrator's bond. ]
JACOB GILMAN 1740 KINGSTON
In the Name of God Amen I Jacob Gilman of Kingstown In the Province of New Hampshire in New England *
Item Ist I Give unto my Son Daniel Gilman forty Acres of Land lying in Kingstown be it more or Less as I have laid it out and bounded it to him Beginning at a pitch pine stump near his Dwell- ing house and from thence Running Easterly to a beach standing near the Cole pits and from thence Running upon the Ridge till it comes to the Meadow that was formerly Huntons he always leaving a Drift way through it to my other Land-
Item 2dly I Give unto my Son John Gilman all my Lands in the North Grants and Little Lots with one Share in the Commons or undivided Land in Kingstown-
Item 3dly I Give unto my Son Stephen Gilman forty Acres of Land which was Laid out to the Right of Nathan Taylor Deceased as I have Laid it out and bounded it together with one Share in the Commons or undivided Land in Kingstown-
Item 4thly I Give unto my Son Jacob Gilman my home place Dwelling house out housing and all my Land thereto adjoining and five Acres of Meadow adjoining to the Land which I Gave unto my Son Daniel Gilman together with one Share in the Com- mons or undivided Lands in Kingstown after his mothers Decease He pay twenty Pounds money to his Sister Abigail Stevens with- in one year after my Decease-
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1
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Item 5ly I Give unto iny Daughter Elizabeth Bacheldor forty Shillings money to be paid within one year after iny Decease and half a Share in the Commons or undivided Lands in Kingstown-
Item 6ly I Give unto my Daughter Mary Moody fourteen Acres of Land be it more or less as it is Laid out and bounded Laying near the Great Meadow together with one half Share in the Com- mons or undivided Land in Kingstown-
Item zly I Give unto my Daughter Abigail Stevens twenty pounds money to be paid by her Brother Jacob Gilman and one Share in the Commons or undivided Land in Kingstown-
Finally I Give unto my well beloved wife Mary Gilman the use of Dwelling house out housing and Lands and Meadows During the time of her Natural Life or widowhood and all my household Goods and Moveable Estate to be at her Disposal forever and as for all my other Lands not Disposed of I Leave in the hands of my Executors to pay my Debts with and I do by these Presents make and Ordain my well beloved Wife Mary Gilman and my Son Daniel Gilman the Sole Executors to this my Last Will and Testament hereby Revoking and Disannulling all former Wills and Testaments by me heretofore made In Confirmation whereof I have to this my last Will and Testament Set my hand and Seal this twentieth Day of September Anno Domini One thousand Seven hundred and forty 1740
Signed Sealed & Owned Jacob Gilman In Presence of us- John Hunton Samuel Hunton
Cartee Gilman
[Proved April 27, 1743.]
[Probate Records, vol. 15, p. 249.]
[Warrant, April 27, 1743, authorizing Ebenezer Stevens and Jedediah Philbrick, both of Kingston, to appraise the estate of Jacob Gilman of Kingston, yeoman, of whose will his wife, Mary Gilman, and his son, Daniel Gilman, are executors. ]
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[Inventory, June 27, 1743 ; amount, £3609.16.4 ; signed by Ebenezer Stevens and Jedediah Philbrick. ]
ABRAHAM FOLSOM 1740 EXETER
[Elizabeth Folsom, "Being Ancient, And But weekly," re- nounces administration on the estate of her husband, Abraham Folsom of Exeter, Sept. 24, 1740 ; witnesses, Edward Gilman and Jonathan Folsom ; mentions son, Daniel Folsom.]
[Administration on the estate of Abraham Folsom of Exeter granted to his son, Daniel Folson of Exeter, husbandınan, Sept. 24, 1740.]
[Probate Records, vol. 15, p. 55.]
[Warrant, Sept. 24, 1740, authorizing Peter Gilman and Theo- philus Smith, both of Exeter, to appraise the estate. ]
[ Probate Records, vol. 15, p. 75.]
[Inventory, Dec. 30, 1740; amount, {1417.8.0 ; signed by Peter Gilman and Theophilus Smith ; attested by Daniel Folsom, administrator, Dec. 31, 1740.]
Articles of agreement Indented made and agreed upon this Sixth Day of July anno Domini one thousand seaven hunderd and forty five by and Betwen Daniel Foulsham of Exeter in the Province of new hampr in new Englend yeoman and Jonathan Foulsham of Sheapscut in the County of york yeoman and abraham Foulsham of sd Exeter Joiner and Marcy Rundlet of said Exeter widdow of James Rundlet of sd Exeter Late Decest in maner and form as followeth That is to Say where as our honoured father Abraham Foulsham Late of Exeter Deacesed hath Left a Dweling house and Barn with Several Peases of Land in said Exeter with Sum salt marsh at hampton in said Province whereof Division is to be made We the said Daniel Foulsham Jonathan Foulsham abraham Foul-
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som and Marcy Rundlet have Unanimously agreed to Divide and aloot and Doe hereby own acknolidge and Declear that We have unanimously Divided and alloted to Each other our sole and Whole Right titel and Intrust of or unto the Said trates of Lands and salt marsh which whome Place is bounded as foloweth with the high way that Goues from Exeter to hampton Southley Easterly Land of formly Jacob Smiths Late of Exeter Decest northerly on Land of Capt Nathaniel Ladd Westerly on Land of Capt James Leavit and Jonathan Foulshams Late of Said Exeter Deceast and also a Peace of Land Lying near Lamper river bridg that Goes form Exeter to Knotingham Containing forty Eight ackers and bounded as folow- eth southley on the Road the Goues from Exeter town to Pur- tockquay Westerly on Land formerly Jacob Smith Late of Exeter Decesed Easterly on Land formily belonging to Capt John Gilman and one hundred ackers of Land which was aloted our hounerd Father in Exeter Commons by a Commite in the year 1725 it lying in the third Raing of Lots begining at Nº 23 : and Ends at Nº 33 with two ackers of salt marsh in hampton one the south side of the falls River So Called The Purtickler alotments to Each other now foloweth Daniel foulsham to have the house and Barn with ye twoo ackers of salt march at hampton to Gether with all the home Plase Excepting Thirty acers of Land Lying next to Benja Smiths Land with all the Pruviledes their unto Belonging to him ye said Dainel his heirs and asings for Ever and Jonathan Foulsham Lot it being thirty acers out of the whome Place the said thirty ackers abov Excepted bounded as folowes vz begining at Benja Smiths west Corner bounds at the high way that goes from Exeter to hampton and so runing by Said Rode fiften Rods by Sd high way and So runing such a bredth as Shall Contain the said thirty ackers with the orchard that Stands on said Land to Gether with all ye Priveleges their nto belongin to him the Said Jonathan Foulsham his heirs and asings for Ever-
and the Said abraham Foulsham to have the Said forty Eight ackers that Lyes in Eppin near Lamper river Bridge that Goes to
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Knotingham with all ye Prevlidges their unto belonging to him the Said abraham foulsham his heirs and asings for Ever
and the Said Marcy Rundlet to have that hunderd ackers of Land which was Proposoned to their honrd father in the Comons which Lyes in the third Raing of Lots begining at Nº 23 and Ends at Nº 33 to Gether with all the Priveleges their unto belonging to her the Said marcy Rundlet her heirs and asings for Ever and further more Each of the Parties are to Injoy Each of their Pro- posion and Devison as above said To have and to hold Porses and Injoy with out aney the Least Leat hindrances or molestation or distorbance by or from us or Either of us the said Daniel foulsham and Jonathan foulsham abraham foulsham and Mercy Rundlet us our heirs Executers or admist' or aney Person from by or under us Which Division we acknoledge our Selves fully Satesfied Contented and Paid as the whole of our Purposons in said tracts of Lands marshes and Buldens In Conformation Whereof we the Said Daniel Foulsham Jonathan Foulshem abraham Foulsham and Marcy Run- dlet have interchangeably set our hands and Seals the Day and year above Written in the begining of this Instrument-
Signed Sealed and Deliverd In
Presents of
Thomas Deane
Jabez Smith
his Daniel X Foulsham mark Jonathan folsom Abraham folsom her Marcy X Rundlet mark
[Allowed Dec. 25, 1745, Daniel Folsom being then dead. ]
JOHN JENNESS 1740 RYE
In the Name of God Amen I John Jennes of the Parish of Rye. in the Township of New Castle in the Province of New Hampshire in New England Blacksmith
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Imprimis I Give and Bequeath to Mary my beloved Wife my now Dwelling house Barn and out houses & Land adjoining Ex- cept what is hereafter Excepted in this my Last Will during her Widowhood also half my Salt Marsh and half my Meadow Ground Except what is hereafter Excepted in this my last Will also half iny Stock of Cattle of Every Sort and kind and all my Household Stuff or Goods of what Sort or kind soever Except what is Excepted in this my Will-
Item I Give and Bequeath to my Son John Jennes Twenty Shillings-
Item I Give and Bequeath to my Son Joshua Jennes ten Pounds to be paid half in money half in Specie in twelve months after my decease
Item I Give and Bequeath to my Son William Jennes Eight pounds in Specie at money price to be paid in twelve months after my decease.
Item I Give and Bequeath to my Son Job Jennes and to his heirs and assigns for ever mny twelve or fourteen acres of Land be it more Less Laying on the North Side of the Road adjoyning to my Brother Richards Land and Six acres of Land adjoining to the Meadow Ground Laying in the Millpond Running the whole breadth of the Land I bought of iny Brother Hezekiah & Thomas Jennes Excepting an highway two Rodds wide Laying on the North Side of Said tract of Land for the use and Improvement of my Son Nathanael in going to the Cedar Swamp Brook also half my Cove Meadow near Foxhill, also one acre and an half of Salt marsh Laying by the Island in the pond, and an acre and half of Thatch Ground Laying by Said Marsh, also my two Lower Shares of Land Laying in the fourth Range in the first Division (so called) also two acres of Land in the Home lot on the Westerly Side of the Road Laying the whole length of the Land I gave my Son Richard, and is as wide again at the South End as at the north. Also a Small Share of Salt Marsh Laying at the Little River Marslı adjoining to the River on the West Side, also half my Shop Tools, And Liberty to inove his Barn from off the Land
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where it now Stands. Provided he pay unto my Sons Joshua and William Jennes the Several Legacies I have Given them in this my Will .-
Item I Give and Bequeath to my Son Mark Jennes Eight Pounds to be paid in Specie, in Twelve months after my Decease.
Item I Give and Bequeath to my Son Richard Jennes & to his heirs for ever an highway two Rods wide from the Northwest Corner of the acre of Land that I Gave him where his Brother John Lived Running unto the End of Christopher Palmers Share in the third Range and Liberty also to Nathanael to Improve the Same way, also one Feather Bed and ten Pounds to be paid in Specie at Money Price in Twelve Months after iny decease-
Item I Give and Bequeath to my Son Francis Jennes and unto his heirs and Assigns for ever half my Lands Lying in the Town- ship of Chichester and half my fifty acres of Land Laying in Bar- rington also one acre of Salt Marsh laying at the Island in the pond adjoining to James Marden's with the Small piece of upland adjoining and ten pounds to be paid in Specie when he comes to twenty one years of age But if he Shall not Live to that age then I Give all that is design'd for Francis to my Son Thomas Jennes-
Item I Give and Bequeath to my Son Thomas Jennes and to his heirs and Assigns forever half iny Lands Laying in the Township of Chichester and half my fifty acres of Land Laying in Barrington also one acre of Salt Marsh adjoyning to Francis his Marsh with the Small peice of upland adjoyning and ten Pounds to be paid in Specie, when he Shall come to Twenty one years of age but if he Shall not Live to that age then I Give all that is designed for him to Francis Jennes .-
Item I Give and Bequeath to my Son Nathanael Jennes and to his heirs and Assigns forever iny now Dwelling house Barn & out Houses and Land adjoining that I Gave to his Mother during her Widowhood also my Thirty Acres of Land that I Bought of Thomas Jennes be it more or Less also Four Sinall Shares of Land Laying in the fourth Range in the first Division (so called) also my Neck of Land adjoyning to my Brother Richard's Land and the
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Remainder of the Salt Marsh Laying at the Island in the pond and my two acres of Thatch Ground adjoining also half my Cove Mea- dow near foxhill, Also all my Implements of Husbandry Excepting one Chain which I Give to my Son Job. But if Nathanael shall dye without Lawful Issue of his own body then I give all that I have bequeathed to him Equally betwixt my Sons Francis and Thomas-
Item I Give and Bequeath unto Matthias and Samuel Towle the Sons of Matthias Towle Twenty Shillings in Money
Item my Will is as to the Remaining part of my Estate that it be disposed of to pay the Legacies given in this my Last will and Testament, and finally I do Constitute and appoint my beloved wife Mary and iny Son Richard Jennes Executrix & Executor of this my Last will and Testament hereby Revoking all other & former Wills & Ratifying & Confirming this and no other to be my Last will and Testament In Witness whereof I the Said John Jennes have hereunto Set my hand & Seal this Twenty Seventh day of September anno Domini 1740 and in the fourteenth year of the Reign of our Sovereign Lord George the Second King of Great Britain &c.
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