USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 38 1764-1767 > Part 13
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[Bond of John Penhallow, with Samuel Penhallow, Jr., and Benjamin Penhallow, merchants, as sureties, all of Portsmouth, in the sum of $5000, Feb. 20, 1799, for the administration of the estate; witnesses, Richard D. Hart, Nathaniel Parker.]
[Petition of William Cabot of Brookline, Mass., merchant, and Nathaniel Gookin of Portsmouth, gentleman, for a division of real estate.]
State of New Hampshire By the honourable Jeremiah Rockingham ss - Smith Esquire Judge of Probate for said County - To John Goddard Isaac Rindge Jeremiah
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NEW HAMPSHIRE WILLS
Libbey Henry S Langdon & Charles Cutts all of Portsmouth in said County Esquires - Greeting -
You are hereby appointed a Committee to make Partition of the following lots and Parcels of Land lately belonging to the Estate of Richard Wibird Esquire deceased viz. one lot in said Portsmouth bounded westerly by market Street northerly by land of William Boyd & Daniel Austin casterly by land of George Jaffrey Esq' and Southerly by land of Elijah Hall Jacob Walden Edd John Peirce Henry Haven & John Pickering Esq' now oc- cupied by John Penhallow Esq' half another lot including half the long wharfe so called bounded Northerly by land sold by Sloper to Messrs Richd & Thos Wibird now owned by Mess" Penhallow & Austin & southerly by land of David Pearse & extending between their lands from Water Street to the Channel of Piscataqua River another lot bounded northerly by land of Capt James Orne Easterly by Water Street southerly by land in occupation of Jacob Sheafe Esqr & westerly by land of William Dennet & heirs of Capt Nathaniel Sherburne deceased - An- other lot situate at the South end in said Portsmouth on the road leading to little harbour another lot containing about fourteen Acres bounded Southeasterly by Middle road southwesterly by land lately belonging to Eleazer Russell Esq' decd northwesterly by land of John Haven George Massey Jonath" Clark Jeremiah Mason & George Jaffrey Esqr & northeasterly by said Jaffreys land all which said lots are situate in said Portsmouth - And also a farm in Greenland in said County containing about one hundred & forty Acres of Land now in the Occupation of Eben- ezer Robinson which said Lots & parcels of land are held by John Penhallow Esqr Samuel Penhallow jun' John Penhallow jun' Hunking Penhallow & Benjamin Penhallow Merchants Daniel Austin merchant & Mary his wife Sarah Penhallow Singlewoman Thomas Penhallow & Sarah Ann Penhallow minors under the age of twenty one years all of said Portsmouth William Cabot of Brooklyne in the County of Suffolk & Com- monwealth of Massachusetts Merchant & Nath' Gookin of said
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Portsmouth Gentleman as tenants in Common - and you are to set off to the said Cabot & Gookin one third thereof to hold to them in severalty *
Dated at Exeter the 28th Day of December Anno Domini 1801 Wm Parker Reg™
By order of the Judge
Rockingham ss. Pursuant to the foregoing Warrant, We the Committee therein appointed having Caused all concerned to be seasonably notified and having heard & considered their Advice as therein directed, Do make Partition of the Lots and Parcels of Land described in said Warrant in form following, vizt We do set off to the said Gookin and Cabot as their Share or One Third part of said Lots and parcels of Land, The whole of the Farm in Greenland in said County, now in the Occupation of Ebenezer Robinson containing about One hundred and forty Acres of Land more or less, with the Buildings thereon and the Appurtenances thereof. Also the several Lots and Parcels of Land following situate in Portsmouth aforesaid to wit, One Lot of Land lying on the Westerly side of Water Street bounded Easterly on said Street, Northerly on Land of Capt James Orne, Westerly by Land of William Dennet and Others and Southerly by Land in the Occupation of Jacob Sheafe, which last men- tioned Lot has lately been divided into two Lots by a street laid out through the same - Also one other Lot of Land, lying on the Road leading to Little Harbor, being in a Triangular form bounded Westerly on said Road Southerly on Land of Col John Langdon, and Northeasterly on Land of Mr Samuel Haven - and also One other Lot or Parcel of Land being part of the Four- teen Acres of Land mentioned in said Warrant, bounded as fol- lows, beginning three hundred feet from the Northeasterly Cor- ner of Land belonging to the heirs of Eleazer Russell Esq" deceas'd, on the Road leading to Greenland thence running by said Road Northerly six hundred & forty feet, thence on a streight line to the corner of the Field lately Joshua Wentworth Esqre thence by the Fence or Wall as it now stands, till it comes
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within three hundred feet of said Land of the heirs of said Russell, thence on a streight line to the Bound began at on said Road, leaving the breadth of three hundred feet, between the Premises set off as aforesaid and the said Land of the said Heirs of the said Russell, as will appear by a Plan of the whole Premises herewith exhibited, To have and to hold the said Lots or Parcels of Land to them the said Gookin and Cabot in severalty as their full Share or One third part of all the Lots and parcels of Land lately belonging to the Estate of Richard Wibird Esquire deceas'd of which We, by said Warrant are Appointed a Commit- tee to make Partition
Portsmouth March 23d 1802
John Goddard Isaac Rindge Jeremiah Libbey H. S. Langdon Charles Cutts
300 feet
Joska Wintworth
This Lot set off to Mess" Cabot and Gookin -
600 feet
300 feet
640 feet
middle Road
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NEW HAMPSHIRE WILLS
THOMAS FULLER I765
SANDOWN
In The name of God aman, this 15th day of June 1765 I thomas Fuller of Sandown in the Province of New Hampshire in New England Yeoman being in health * *
Imp's I Give to and Bequeath to my well Beloved Son Benj- min Fuller his hears & assigns fifteen Pounds in money old tenor Equel to two Dollers and half to be paid by my Son thomas after my Diascease he having had a Trade -
Itam I give to my Daughter Rachel welch the wife of abraham welch fifteen Pounds old tenor Equel to two Dollers and half to be Paid by my Son thomas She having already had her portion out of my Estate -
Itam I give and Bequeath to my Belovid Daughter Abagail now the wife of moses huse fifteen pounds money old tenor Equel to two Dollers and half to be paid by my Son thomas She having had her portion out of my Estate -
Itam I Give and Bequeath to my Belovid Daughter Elisabeth the wife of Jonathan Gooding fifteen Pounds money old tenor Equal to two Dollers and half to be paid by my Son thomas She having had her portion out of my Estate -
Itam I give and Bequeath unto my Beloved Daughter anna the wife of Ebenezer gove the Sum of fifteen pounds old tenor Equal to two Dollers and half To be paid by my Son thomas She having had her portion out of my Estate -
Itam I Give and Bequeath to my Belovid Son thomas Fuller His heirs and assigns for Ever all the homestead which I now live upon namely all the Land that I now owns in the ninth Lot in No: in the two hundred acre grants with the house and Barn and the Corn mill and the twelveth part of the Saw mill and all the prevelige which I owneth in the Stream and all the Previlege which belongeth to Said homestead and mills and Likewise I give to my son thomas all my movebal Estate Such as Cattles and Sheep & Implements for worke &c
Itam I give & Bequeath unto my Beloved Son Chase Fuller
NEW HAMPSHIRE WILLS
fifteen Pounds old tenor Equel to two Dollers & half I being De- termined to Put him to a trade -
Itam I Give & Bequeath unto my Son John Fuller fifteen Pounds old tenor Equel to two Dollers and half I Being Deter- mined that he Shall have a trade -
and I Do Further will and ordain that my Son Thomas Pay The Before mentioned Legacies as Before mentioned and I do hereby Constitute make & ordain my Said Son thomas to be Sole Executor to this my Last will & Testament and I Do hereby order that my Said Executor pay all my honist Debts and Be at the Cost of my funeral
Thomas Fuller
[Witnesses] Jonathan Collins, Abner fellows, Jeremiah Ladd. [Proved Oct. 29, 1766.]
[Inventory, Nov. 13, 1766; amount, £195. 7. 0; signed by Jonathan Collins and Abner Fellows.]
JOHN SHACKFORD 1765 PORTSMOUTH
[Administration on the estate of John Shackford of Ports- mouth, mariner, granted to his widow, Deborah Shackford, June 18, 1765.]
[Probate Records, vol. 23, p. 460.]
[Bond of Deborah Shackford, with Giles Seward and John Bartlett, mariners, as sureties, all of Portsmouth, in the sum of £500, June 18, 1765, for the administration of the estate; witnesses, Samuel Marshall, William Parker.]
[Warrant, June 18, 1765, authorizing Samuel Penhallow and William Knight, both of Portsmouth, merchants, to appraise the estate.]
[Inventory, Oct. 22, 1765; amount, £229. 9. 6; signed by Samuel Penhallow and William Knight.]
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JOSEPH SMITH
1765
DURHAM
In the Name of God Amen the Twenty Fifth day of June in the Year of our Lord God one thousand Seven hundred and Sixty Five I Joseph Smith of the Town of Durham in the Province of New Hampshire in New England Esqr being sick and weak in Body *
Imprimis I give and bequeath unto my dearly beloved wife Deborah one third part of my real Estate during her Natural life and also one third part of my personal Estate forever to her disposing -
Itim I will bequeath and give my Daughters Elizabeth Smith and Hannah Smith Thirty acres of Land be the Same more or Less bounding by land of Sarah Mason and also by the Country road that Leads from Durham Falls to Lampereel river with all the building and Improvements whatsoever on the said premises I also give and bequeath my Daughters Eighty acres of Land near wheelwrights pond in said Durham which I purchased partly of Hercules Mooney and partly was purchased of James Davis of said Durham Item I will give and bequeath my said Daughters Twenty Acres of Land at Follets swamp so Called in said Durham which I purchasd of Robert Thomson of Durham aforesaid it is also my will that the aforesd Tracts of Land be Equally Divided between my said Daughters but if my said Daughters decease without heirs of their own Body or Either of them then Immediately after their Decease to Decend to my Sons Samuel Smith Joseph Smith John Smith and Daniel Smith and their heirs and assigns Equally to be Divided among them -
Item I will bequeath and give my Cousin Joseph Emerson One hundred Acres of Land near Little river so Called in said Durham Joyning by land of Ensign Jonathan Thomson and also by Land of Jonathan Runals it's also my will if said Joseph Emer- son decease without a Lawful heir begotten of himself that Im- mediately after his Decease that the said hundred acres of Land shall Immediately Decend to my said Sons Samuel Joseph John
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and Daniel Equally Divided among them and their heirs -
Item I will bequeath and give my Sons Samuel Smith Joseph Smith John Smith and Daniel Smith all the rest Residue and remainder of my Estate whither real or Personal wheresoever and whatsoever to be Equally Divided among them it's also my will if Either of my Said Sons Decease before they Come to full Age that his or their part Immediately after his or their Decease be Equally Divided among my said Sons that is then Living -
I Do hereby Constitute appoint and Ordain my wife Deborah my Executorix and Daniel Meserve Junier my Executor in trust
Joseph Smith
[Witnesses] Joseph Atkinson, Lemuel Chesle, Hercules Mooney. [Proved Aug. 28, 1765.]
[Inventory, attested April 30, 1766; amount, £133,874. 7. 0; signed by Hercules Mooney and Thomas Chesley.]
Province of Pursuant to a Warrant from the Honbi Newhampshire J John wentworth Esq' Judge of the Probate of wills &c for Said Province Appointing us the Subscribers to make Partition and Division of the Real Estate of Joseph Smith late of Durham in said province Esq' Deceased to & among the Devisees in his Last will & Testament mentioned, accordingly we have made a Division of Said Estate in manner Following viz -
To Deborah Gilmore wife of James Gilmore Esq' who was heretofore the wife of Said Joseph Smith one Third of Said Real Estate as followeth part of the homestead Farm Containing ninety nine acres & one quarter of an acre Butted & Bounded as followeth Beginning By the highway adjoining to Land of Ephraim Davis & from thence By Said Davis Land South 15° East 10 Rods then South 31° West 136 rods then South 85° west 20 rods then South 23° west 21 rods then South 52° west 12 rods to Oyster River and then By the River to Land of John Williams & then by Said Williams Land North 59° East 133 Rods then North 44° west 21 Rods then North 24° East 35
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Rods to the highway first mentioned, & By that to the first Bounds Together with the house Barns &" thereon Standing - also 25 acres of Land Near the aforsd on the North Side of the highway, Beginning at a heap of stones by the highway & from thence about forty Rods to Land of Ephraim Davis then By Said Davis Land North 67° East 88 Rods to Land that was Paul Nutes, & by that about 40 Rods to a heap of stones and from thence on a Strait Line to the bounds first mentioned - also about ninety three acres and 3 quarters of one acre of Land Purchased heretofore of amos pinkham & willm Rines Butted and Bounded as followeth viz Beginning By the house where Said amos Pinkham formerly Lived and from thence By the highway North 46° East 57 Rods then by the highway Easterly 136 Rods to Land of John williams & then South 88° west 46 rods then South 33° West 18 Rods then South 75° west 20 Rods then North 70 west 16 rods then North 79° west 31 Rods then North 23° East 45 rods then North 78° west 28 rods then South 16° west 25 rods then west 32 rods then North 76° west 14 rods then North 55° west 55 rods then North 33 East 27 Rods then North 47° East 24 Rods then South 48° East 50 Rods then north 45° East 22 rods then North 53° East 22 rods then South 71° East 23 Rods to the place where it Began with Buildings thereon Standing Excepting out of this Last Tract of Land a highway as it is now fenced of - Also about Twelve acres of Land at a place Called the hook in Durham afsd Being the Lot num' 17 in the Second Division of Common Lands in sd Town Likewise about Six acres of Land Being half of the Lot num' 4 in the aforsd Second Division of Common Lands in sd Durham Likewise the one Twelveth Part of the Sawmill and Ghrist mills at Durham Falls, and the one Eighth Part of a Sawmill Called Jebuctor mill in the town of Nottingham in Said Province -
To Elizabeth Dwyer wife of James Dwyer Daughter of Said Joseph Smith about Twenty acres of Land Near Durham falls Butted & Bounded as followeth Beginning by the highway adjoining to Land of Daniel Rogers Esqr & from thence as the
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NEW HAMPSHIRE WILLS
fences now Stand by Lands in possession of said Rogers Joseph Drew and John Sullivan 6512 Rods to the River & by that to Land of the widow Sarah Mason and then by said widow masons Land about 110 Rods to the highway & by that to Land of Joseph applebee 17 Rods & then by said applebees Land Revd John adams & Ephraim Folsoms Lands 38 rods as the fences Stands to the highway & by that 40 rods to the first Bounds. Likewise 24 acres of Land Purchased of James Davis Deceasd & wife, Being Part of a hundred acre Grant of land formerly Granted by the Town of Dover to one william Robarts Near a Place Called wheelrights Pond -
To Hannah Smith Twenty one acres & one quarter of Land at a place Called Follets Swamp in Durham, Being the one half of about forty Two acres & a half of Land purchased in Part- ership By said Deceased & Capt Thomas Chesley of Robe Thompson, the whole is Butted and Bounded as followeth viz Beginning By the highway adjoining to Land in Possession of Capt Hercules moony & By that as the fences Stand 149 rods then by said moonys Land South 76 rods then By Land of Jona- than & Robert thompson west 65 Rods then North 37 Rods then by said Jonathan Thompsons Land as the fences stand about 108 Rods to the highway & by that to the first Bounds - also thirty two acres of Land purchased By Said Deceased of hercules moony Being Part of the aforsd Grant Granted to one william Robarts at wheelrights pond in Durham also 24 acres of the aforsd Grant Purchased of James Davis & wife as may appear By said Deeds -
To Joseph Emerson one hundred acres of Land near Little River in Said town of Durham adjoining Land of Jonathan thompson & Jonathan Reynolds as mentioned in the Testament of said Deceased and the Remainder of said Real Estate as Shewn to us by the Execrs of the Testament of Said Deceased we have Divided among the four Sons of said Deceased namely Samuel Joseph John and Daniel -
To Samuel a Tract of Land Containing one hundred and forty
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three acres adjoining to Lampereel River in Durham aforsd Butted & Bounded as followeth viz Beginning at the house on said Farm & from thence by the highway North East 64 rods to Land of william Jenkans & by Jenkans® Land South 42° East 16 rods then South 19 rods then South 13º west 32 rods then South 35° East 23 rods to Land sat of to John one of the sd heirs & By that South 32° west about 80 rods to Lampereel River then up by the River as that Runs about 290 Rods to a Place known by the name of the Flatt Ground Barrs then west about 4 rods to Land of william Jenkans and then By said Jen- kans& Land 212 Rods to the highway & by that to the first bounds together with the buildings thereon Together with one Right or Share of Land in the Town of New Durham in said province (Except what is Given to Benjamin Glidden for Settleing the right) Being Originally Granted to Said Joseph Smith also about forty acres Be the same more or Less (Being the Deceaseds whole right in a peice of Land in Partership with the heirs of Eben' Smith Esq' Deceased at a place Called Smarts Creek in New- market Likewise one Quarter of a sawmill Called Chesleys mill in nottingham -
To John one hundred acres of Land Purchased of Robert hill in said Durham with a Barn thereon standing for Butts & Bounds Reference Being had to the Deed from said hill on Rec- ord, also about forty Seven acres of Land By Lampereel River Beginning By the River at the southeast end of Land sat of to Samuel and from thence as the River Runs about one hundred and twenty Rods, or as far Down as to Take in above 2 thirds and Leave Below one third of a Grant of Land of Twelve score acres Granted Formerly by the town of Dover to one Robt Burnum & then North East 80 rods or there abouts to a Grant of Land formerly granted by the Town of Dover to one Thomas footman and then By footmans grant and Land of william Jen- kans to the aforsd Land sat of to Samuel and by that to the first Bounds Likewise about seventeen acres of Land Laying near the other at Lampereel River now in possession of Frances
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Elliot as a Tennant adjoining the highway Land of william Jenkans and Daniel Rogers Esq' Likewise a peice of Land in Durham adjoining Barrington Purchased of the Proprietors of Common Lands in Durham Being about 20 acres in a place Called the Spruce Swamp the one Eighth part of upper Jabeag mill in Nottingham Excepting Iron work Likewise one Quarter Part of the Lot Nº 7 in Cross Street in the town of Nottingham -
To Daniel about one hundred acres of Land Partly in the town of Dover & partly in Madbury Bounded as followeth Beginning by the highway adjoining to 25 acres Sat of as the widows dowry by these presents & from thence by the highway 70 Rods to Land of Nathaniel Lamous & then by said Lamouse Land about 160 rods to the highway & by that 93 Rods to Land of Paul Nute and then Nutes Land as the fences stand about 119 rods to the aforsd Land sat of to the widow and by that to the first Bounds also 21 acres of Land in Durham & madbury aforsd adjoining to the highway Land of Nathan' Lamous Joseph and Nichs meder - also about Seventy five acres of Land adjoining to Lampereel River Beginning By the River at the flatt ground Barrs & then west four Rods to willm Jenkans Land & then by that North 83º west 116 rods then North 21° East 64 rods then north 85° East 40 rods then N 19° west 12 rods then North 23° west 61 rods to the highway and by that to Land of Samel Langly & by that & Land of Sam11 mathes to Lampereel River & by the river to the first Bounds and one Eighth part of Little river Sawmill in Durham aforsd -
To Joseph about Fifty five acres of Land in Durham Pur- chased Heretofore of Benjamin Jenkans adjoining Oyster river The Town Lott highway and Land that was Robert Burnums Deceased, also about four acres & a half Purchased by the De- ceased of willm Lord Reference to the Deed on Record for Butts & Bounds Likewise 28 acres of Land in Durham aforsd Called the Oak Pasture in a Place Called the hornswoods Beginning at the Southwest Corner of Land that was Dan1 Davis' & By that 72 rods & then By land of Thoms Bickford about fifty rods and
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then by the highway about 70 rods and then from the highway N 23° E 88 rods to where it Began also about 36 acres in the sd hornswoods Called the pine Pasture Beginning at the highway & from thence South 64° West 50 rods then North 69° west 22 rods then South 71° west 18 rods then South II west 40 rods then South 57° Et 51 rods then North 49° East 32 rods then North 69° East 36 rods then North 23° East 24 rods then north 30 rods & then on a strait Line to where it Began also about 16 acres of Land that was John willeys Late of Durham where he Commonly lived adjoining By Land of Thomas willey and the highway-Also about 10 acres of Land in Durham aforsd Purchased of John willey Being half of about 20 acres in Parter- ship with Thomas willey the whole is Bounded by Land of Thomas willey Sam11 willey William willey & the highway - also Two Lotts of Land in the town of Nottingham Being the Lotts num' 39 and 41 in winter Street with the Buildings thereon Likewise all the Title & Right Said Deceased had to 60 acres of Land Granted By the town of Dover to one Joseph Chesley Deceased by Belemons Bank River in the parish of Madbury - also about Forty acres of Land in Newmarket at a place Called Poortown Now under the Improvement of Edward Fox - also the One half of a Ghrist mill and fulling mill at Little River in Durham afd together with one half the adjacent Land that was in Partnership Between the Deceased & Joseph Thompson -
Witness our hands at Durham the 27th day of april 1767 - Thos Chesle Ebr Demerit Nicholas Duda Ebenezer Thompson James Davis
[Guardianship of Joseph Smith, Daniel Smith, John Smith, and Hannah Smith, children of Joseph Smith, granted to Daniel Meserve of Madbury April 29, 1767.]
[Probate Records, vol. 24, p. 392.]
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[Bond of Daniel Meserve of Madbury, yeoman, with Thomas Chesley, gentleman, and Ebenezer Thompson, physician, both of Durham, as sureties, in the sum of £5000, April 29, 1767, for the guardianship of Joseph Smith, Daniel Smith, John Smith, and Hannah Smith, aged less than 14 years, children of Joseph Smith; witnesses, Robert Parks, William Parker.]
[Guardianship of Samuel Smith, minor, aged more than 14 years, son of Joseph Smith, granted to Daniel Meserve of Mad- bury, gentleman, May 7, 1767.]
[Probate Records, vol. 24, p. 426.]
[Bond of Daniel Meserve, with Robert Hill of Madbury, yco- man, and James Gilmore of Durham, gentleman, as sureties, in the sum of £500, May 7, 1767, for the guardianship of Samuel Smith; witnesses, William Parker, E. Gummer.]
[Guardianship of Joseph Smith, minor, aged more than 14 years, son of Joseph Smith, granted to James Gilmore of Dur- ham, gentleman, Aug. 31, 1768.]
[Probate Records, vol. 25, p. 240.]
[Bond of James Gilmore, with James Dwyer and Joseph Simes, painter, both of Portsmouth, as sureties, in the sum of £500, Aug. 31, 1768, for the guardianship of Joseph Smith; witnesses, John Pickering, Samuel Hale.]
JACOB SMITH 1765
NOTTINGHAM
[Administration on the estate of Jacob Smith of Nottingham, yeoman, granted to Elizabeth Smith and James Bean June 26, 1765.]
[Probate Records, vol. 23, p. 526.]
[Bond of Elizabeth Smith, widow, and James Bean, yeoman, both of Brentwood, with David Lawrence of Epping and Noah
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Emery of Exeter, gentleman, as sureties, in the sum of £300, June 26, 1765, for the administration of the estate; witnesses, William Parker, Jr., William Vaughan.]
[Inventory, July, 1765; amount, £109. 0. 6; signed by Daniel Ladd and Jeremiah Glidden.]
[Warrant, March 26, 1766, authorizing Noah Emery and Nicholas Gilman, gentleman, both of Exeter, to receive claims against the estate.]
Province of July the 29th 1766 Pursuant to an order New Hampshire from the Honourble John Wentworth Esqr Judge of the Probate of Wills &c appointing us the Subscribers togather with Samuel Dudly a Committee to Devide & set off to Elisabeth the wife of David Clifford her Dower which happens to her of the real Estate of her late Husband Jacob Smith Deceasd wee have accordingly set to the said Elisabeth fifteen acres of Land at the North End of the Homestead of her late Husband Jacob Smith Deceasd viz Begining at the said Noth End & so running southerly Carrying the whole width of said Homestead till it Compleats the aforsd fifteen acres
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