Probate records of the Province of New Hampshire Vol. 38 1764-1767, Part 2

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Humphrey Furnell


[Witnesses] George King, John Brown, Richard Shortridge. [Proved May 30, 1764.]


[Bond of Dorothy Fernald, with Richard Shortridge, turner, and John Nutter of Newington, yeoman, as sureties, in the sum of £500, May 30, 1764, for the execution of the will; witnesses, William Vaughan, William Parker.]


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[Petition of John Fernald, Thomas Dalling, and Humphrey Fernald, June 26, 1771, for a division of real estate held in common.]


Pursuant to Warrant We have divided the Real Estate of Humphrey Furnald Late of Portsmouth cooper Deceas'd to and among his Five children viz John Humphrey and Samuel Furnald Eliza Dalling and Mary Hart in Five equal Shares as follows viz


John Furnald One half of the Mansion House & Garden as the same was divided and Set off to his Father, and Sixteen & half feet from the upper end of the Wharfe carrying the full Breadth of the Wharfe to the end of the said sixteen & half feet and includes the upper end of a Building on said Wharfe being an addition with Priviledge of the Passage, also One half of a Pew in the North meeting House in Portsmouth being a Corner Pew in the middle isle - The said John giving a Quit Claim to Humphry Furnald of his Share in one half of Twenty Acres of Mowing Land in Berwick, and another to Samuel Furnald of his Share in the other half, also his paying the said Humphry Six Pounds Lawful money and to the said Samuel Eight Pounds Lawful money -


Humphry Furnald the Remainder of the Wharfe and Build- ings from the end of sixteen and half feet set off to John so far as the same does or may extend with privilege of the passage, also the other half of the Pew set off to John Furnald, also a Quit claim from the other children of One half of Twenty Acres of Mowing Land in Berwick in Quantity and Quality, and Six Pounds Lawful money from John, as above


Samuel Furnald Five sevenths of One hundred & fifty Acres of Land in Barrington Lot Nº 265 - also One half of a Pew in the middle Isle in the North meeting House in Portsmouth the other half belonging to Joseph Alcock, also a Quit claim from the other children of one half of Twenty Acres of Mowing Land in Berwick in Quantity and Quality, and Eight Pounds Lawful money from John Furnald -


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Elizabeth Dalling One half of the House where she now Lives being that half towards the Street with the whole of the garden thereto belonging, the yard or passage way now used to be in common, the Entry of the House being the Division with the Stairway and Cellar way in the Entry to be used in common, also one half of a Pew in the upper gallery in the North meeting House in Portsmo, the said Eliza giving a Quit Claim to Humphry and Samuel Furnald of her Share in Twenty Acres of Mowing Land in Berwick -


Mary Hart One half of the House where her Sister Dalling now Lives being the inner or Easterly end of said House with the Land East of said End to the garden Fence with the yard or passage way now used to be in common the Entry of the House being the Division with the Stair way & cellar way in the Entry to be used in common, also a Lot of Land About Twenty one feet on the Street said House is in Northerly by Capt James Holland Easterly by Joseph Simes and Southerly by Land of said Simes, Also One half of a Pew in the upper Gallery in the North meeting House in Portsmouth The said Mary giving a Quit Claim to Humphry and Samuel Furnald of her Share in Twenty Acres of Mowing Land in Berwick -


Portsmouth Septem' 20th 1774 -


Sam1 Penhallow Samuel Hale Wm Knight Joshua Brackett Peter Pearse


JOHN LEAVITT 1764 EXETER


In the Name of God Amen this eighth day of February Anno Domini 1764 I John Leavitt of Exeter In the province of New- hampr Yeoman being advanced in age


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Item I give & bequeath unto my Son John Leavitt and to his Heirs and assigns for ever all the Remainder of my Home Place Where I now Live in Exeter that I have not allready Sold and conveyed to my said son by deed be the Same more or Less Together With all the buildings Standing Thereon he my said Son to come into Possession Thereof at my Discease and likewise I give unto my said Son John all my stock of Cattle Horses. Sheep & Swine Excepting one Cow I Shall hereafter order to be given to my son Nehemiah Leavitt in this my Last Will & Testa- ment likewise I give unto my said Son all my Utensils for hus- bandry he my said Son Paying the legacies I Shall hereafter order in this my last Will and Testament


Item I give unto my Son Moses and to his Heirs and Assigns for ever five pounds New Tennor to be paid in one year after my Discease by my Executor here after mentioned he my said Son having Recd the greatest Part of his Portion allready by Deed


Item I give unto my son Nehemiah Leavitt and to his heirs & assgns one Cow to be Delivered to him Immediately after my Disease by my Son John Leavitt he my said Son Nehemiah hav- ing Received the greatest Part of his Portion by Deed


Item I give unto my Daughter Dorothy Creighton & to her Heirs &c fifty Pounds New Tennor & to be paid by my Son John Leavitt within one Year after my Discease


Item I give unto my Daughter Sarah Gorden & to her Heirs. &c fifty Pounds New Tennor & to be paid by my Son John Leavitt within one Year after my Discease


Item I give unto the legal heirs of my Daughter Mary Moody Deceased (equally to be Divided between them as they Shall arrive at the age of twenty one Years) fifty Pounds New Tennor to be paid by my Son John Leavitt


Item I give unto my two Daughters (Viz) Dorothy Creighton & Sarah Gorden & to the Children of my Daughter Mary Moody all my house hold Stuff within Doors equally to be Divided between Them (Viz) one Third to Dorothy Creighton one Third to Sarah Gorden and the Other Third to the children of my


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Daughter Mary Moody Deceased as above mentioned


Item I give unto my two sons Moses and Nehemiah Leavitt all my Wearing Apparel Equally to be Divided between Them


Lastly I do hereby Constitute & appoint my Son John Leavitt to be sole Executor


John Levitt


[Witnesses] Theo. Smith, James Thustin, Theophilus Smith Jur.


[Proved Aug. 31, 1768.]


[Warrant, Aug. 31, 1768, authorizing Theophilus Smith and Josiah Sanborn, tanner, both of Exeter, to appraise the estate.]


[Inventory, Sept. 7, 1768; amount, £409. 9. 9; signed by Josiah Sanborn and Theophilus Smith.]


JEAN SENTER 1764 LONDONDERRY


In the Nam of God Ameen the IIth Day of febuery ye 1764 I Jean Senter of Londondarry in the Province of New Hampsh widdow being verey Sick and weack of bodey * *


That is I give and bequeath to my oldest Son John Senter the Sum of twenty Pounds old tonnor to be raised and levid out of my Esteate -


Like wise I give and bequeath to my Secound Son Samuell Senter the Sume of twenty Pounds old tonnor to be raised and levid out of my Esteate -


Likewise I Give and bequeath to my third Son Joseph Senter the Sume of twenty Pounds old tonnor to be raised and Levid out of my Esteate -


Likewise I Give and bequeath to my two youngist Sons Moses Senter and Reuben Senter whom I likewise Constetute macke and ordain my Executers of this my Laste will and Testament all my wholl Estate Real and Parsenell which I am or may law-


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fuly be Posesed off by them freley to be Prosesed off and En- joyed *


her Jean X Senter marck


[Witnesses] James Gregg, William Butterfield, Davd Wood- burn.


[Proved July 25, 1764.]


[Bond of Moses Senter, with James Gregg as surety, both of Londonderry, in the sum of £1000, July 25, 1764, for the execu- tion of the will; witnesses, William Parker, William Vaughan.]


MARY SWETT 1764 HAMPTON FALLS


In the Name of God Aman this sixteenth Day of febeuary Anno Domini one thousand seven hundred and sixty four I mary Sweet of Hampton falls in the Province of New Hampshi New England Widow being Sick and weak in Body *


Also I Give and Bequeath to my Son Jonathan Hilyard one pound five shilling money and also fifteen Silver buttnes to be Delivred him at the age of twenty one years by my Executor hareafter named my will is that my Executor hereafter named Bring up my Daughter marcy Hilyard till she comes to the age of ten years old out of my money


Also I Give and Bequeath to my Daughter mary hilyard and also to my Daughter marcy hilyard all my money Exept what I have heretofore mensoned in this my will and all my Clothing and all my Bedding and all my movbles of what natuer Soever, to be Equelly divied Betwen them two when thay Come to the age of twenty one years or at marige which happeneth first, to be Delivred by my Executor hereafter named and my will is that my Executor hereafter named take Care and bring up my two daughters to the best of his Judgemant


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Lastly my will is that Mr Nathan Green of Hampton falls be Soul Excutor


hur Mary X Swett Mark


[Witnesses] Walter Williams, John Chase juner, Edward Green. [Proved April 25, 1764.]


[Inventory, June 27, 1764; amount, £1767. 0. 0; signed by Meshech Weare and Jonathan Burnham.]


[Petition of Joseph Chase Hilliard of Kensington, yeoman, May 30, 1770, in behalf of Mary Hilliard and Mercy Hilliard, minors, for an accounting by the executor.]


[Account of the executor; receipts, £92. 7. 0; expenditures, £90. 14. 4; mentions "keeping Mercy Hilyard as appointed in the will from 23d day of March 1764 till the 10th day of Septem- ber 1767"; allowed March 28, 1771.]


EBENEZER SMITH 1764 DURHAM


[Administration on the estate of Ebenezer Smith of Durham granted to his widow, Margaret Smith, Feb. 22, 1764.]


[Probate Records, vol. 23, p. 208.]


[Bond of Margaret Smith, with Benjamin Smith of Durham and William Weeks of Greenland, gentlemen, as sureties, in the sum of £5000, Feb. 22, 1764, for the administration of the estate ; witnesses, James Urin, Eleanor Weeks.]


[Inventory, May 29, 1764; amount, £90,053. 6. 0; signed by Walter Bryent and James Brackett.]


State of New } Pursuant to a Warrant from the Honble Hampshire Philips White Esqr Judge of the Probate of


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Wills &c for the County of Rockingham appointing us the Sub- scribers a Committee to divide the real Estate of Ebenezer Smith late of Durham now in the County of Strafford Esq' deceased Intestate, said Durham being part of the County of Rockingham at the time of the decease of the said Intestate, and in which County administration of his said Estate was granted, have done it in manner following viz.


To Margaret Ffrost wife of the Honble George Ffrost Esq™ late Widow of said Intestate for her Dower or thirds of said Es- tate, all the Homestead Farm, with the Buildings and Orchards thereon, of said Intestate, Except the Thatchbed lying Southerly & Westerly of the Channel of a Small Creek running from the Salt Marsh on said Premisses into the Great Bay (so called) and is the same Creek commonly used as a Harbour for small Boats &c - The aforesaid Farm containing about one Hundred and Fifty nine Acres of upland & Salt marsh. Also that Tract of Land laying near the aforesd Homestead in the place called the Hornswoods, and known by the name of Grassy Swamp Pasture containing about Fifty Eight Acres. Likewise one Eighth of the Grist mill on Lamprey river lower Falls, & one Quarter of the Intestates right to the mill privileges -


To John Smith Eldest Son of said Intestate for his double Share, all that Tract of Land Adjoining the Great Bay in Dur- ham Aforesaid, that was formerly the Homestead Farm of Capt John Smith deceased, who was Brother to said Intestate; excepting about Twenty Three Acres laying on the Southerly side thereof purchased by said Capt John Smith of one Francis Durgin, as will appear by said Durgins Deed on Record. And also Excepting about Twenty Acres of said Homestead claimed by a Family of the name of Footmans in said Durham. Said Premisses (leaving out the lands before Excepted) contains about Two Hundred and Twelve Acres with the Buildings and Orch- ards thereon, having an Incumbrance on the Same of the right of Dower of Mary Smith Widow and Relict of the Aforesd Capt John Smith.


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To Ebenezer Smith Son of said intestate for his Share about one Hundred & Eleven Acres of Land laying in the Parish of Lee in said County of Strafford adjoining on Wadleighs Road (so called) Bounded Southerly on said Wadleighs Road, Westerly by Land of Joseph Medar and Land of Gideon Mathes, Northerly by a Highway and Easterly by land of Samuel Woodman. Also the one Sixteenth part of the Sawmill on Wadleighs Falls (so called) in said Lee, and all the right said Intestate had to said mill Privilege, any part of said Falls or Lands Contigeous laid out, or left for mill Privileges. Also the one Eighth part of the Grist Mill on Lampray Eell river lower falls in the Town of New- market and one Quarter of the whole Right said Intestate had to said Falls and the Land adjoining on both Sides thereof. Like- wise the first Division Lot containing forty Acres of the original Right of John Footman in the Town of Canterbury being Number one Hundred & Forty four and the Lot Number one hundred & ninety in the Second division of Hundred Acre Lots in the aforesd Town of Canterbury drawn to said Footmans right


To Comfort Chesley wife of Joseph Chesley one of the Daugh- ters of said Intestate for her Share, about Twenty Five acres of Land in Durham Aforesd Laying near Lampray Eell river Land- ing place, Bounded Southerly by land of Walter Bryent Esq' and on all other parts thereof by Land of John Smith Esqr the land belonging to the heirs of Trueworthy Durgin Jun' deceased, Benjamin Smith Esqr & land in possession of James Thomas also about one hundred and Seventeen Acres & one half acre of Land in Newmarket aforesd being part of Hiltons Grant (so called) and is the whole of said Grant bequeathed to said Intestate by the last Will and Testament of his Father John Smith Deceased, except about two acres & one half acre sold by said Intestate to one Charles Rundlet. Also the one Quarter part of the Sawmil on the Lower Falls of Lampray Eell River aforesd and the one half of said Intestates Right to said Falls and land Adjoining on both sides Also one Hundred Acres of Land in Canterbury


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being laid out to the original Right of John Footman in the first Division of Hundred Acre Lots and is Number Twenty Three in sd Division. Also one Quarter of a whole right or Proprietors share, being that of abraham Stevenson, and Francis Drew in the Town of New Durham.


To Margaret Smith one of the Daughters of said Intestate for her Share about Twenty Three Acres of Land adjoining the Great Bay in Durham Aforesd and is the same that was purchased by the Aforesd Capt John Smith of one Francis Durgin the particu- lar Boundaries of which will appear by said Deed on Record, said Land having the Incumbrance of the Dower of Mary Smith Widow of the aforesd Capt John Smith thereon. Also about Twenty one Acres of Land laying on the Plains a little above the Presbyterian meeting house in Newmarket aforesd and is bounded Northerly on Wadleigh's road aforesd Westerly by Land of Joseph Clark, Southerly by Hiltons Grant before men- tioned, and Easterly by land of . Churchil and land of James Burleigh - Also about Nine Acres on the plains aforesd Bounded Northerly by said Wadleighs Road Easterly by land of Joshua Bracket Southerly by said Hiltons Grant and Westerly by land of John Watson. Also all the remainder of the Thatch- bed adjoining the Great Bay on the Homestead Farm of said Intestate not set off by these Presents for the Widows Dower. Also both the Hundred Acre Lots laid out to the Original right of John Willey in the Town of Canterbury, and are Numberd one Hundred and Twenty five in the first Division of Hundred Acre Lots and one Hundred and Thirty Four in the Second Division of said Lots - Also the whole of the original Right of said In- testate in the Town of New Durham Except half the first division Lot Sold to one James Berry Also the Lot Number Twenty Three in the first division of Lots in the Aforesd Town of New Durham, and was laid out to the Original Right of John Johnson & Nathaniel Ffrost Likewise Two five Acre Lots of Land in the third Division of Common & undivided Land in the Town of Durham, commonly called North River Lots, and layeth in the


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Parish of Lee on the North side of the Aforesd River between the Land of Joseph Sias, and Land of Moses Davis.


Witness our hands at Durham the 24th of October 1778


Otis Baker John Plummer Ebenezer Thompson John Smith


Committee


JOSEPH WILLIAMS 1764 DURHAM


[Administration on the estate of Joseph Williams of Durham, yeoman, granted to Samuel Williams Feb. 22, 1764.]


[Probate Records, vol. 23, p. 161.]


[Bond of Samuel Williams of Barrington, with William Lord of Durham and William Brown of Rochester as sureties, in the sum of £5000, Feb. 22, 1764, for the administration of the estate; witnesses, William Vaughan, William Stilson.]


[Warrant, Feb. 22, 1764, authorizing Benjamin Mathes and Jeremiah Burnham, yeoman, both of Durham, to appraise the estate; mentions Samuel Williams as brother of the deceased.]


[Inventory, attested May 30, 1764; amount, £1414. 16. 0; signed by Benjamin Mathes and Jeremiah Burnham.]


WILLIAM LEWIS 1764 PORTSMOUTH


[Administration on the estate of William Lewis of Portsmouth, carver, granted to John Beck Feb. 22, 1764.]


[Probate Records, vol. 23, p. 161.]


[Bond of John Beck, hatter, with George Marshall, sail- maker, and John Marshall, wheelwright, as sureties, all of Portsmouth, in the sume of £5000, Feb. 22, 1764, for the ad-


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ministration of the estate; witnesses, William Vaughan, William Stilson.]


[Warrant, Feb. 22, 1764, authorizing Thomas Peirce, gentle- man, and Clement March, boatbuilder, both of Portsmouth, to appraise the estate.]


[Inventory, attested April 23, 1764; amount, £5984. 0. 0; signed by Thomas Peirce and Clement March.]


[Warrant, April 1, 1765, authorizing Samuel Penhallow and Thales Greenwood, both of Portsmouth, merchants, to receive claims against the estate. "Wm Knight was put into this Com- mission after the Death of Mr Greenwood viz 18th Augt 1766."]


[List of claims, Oct. 29, 1766; amount, £139. 12. 474; signed by Samuel Penhallow and William Knight.]


[Account of the administrator; receipts, £6018. 8. 0; expendi- tures, £5979. 0. o; mentions "Bed and Beding Delivered Mary Lewess one of the Children . paid m' John Marshel Clothing and Nusing the Infant Child .... Cear and Bording Mehitable Lewess Youngest Child but one 3 years and Eight months . . . . paid Ebenezer Lewess Widdow .... Lydia Lewess . ... Ebenezer Hunscom . . . Elizabeth Lewess Mehitable Lewess; allowed May 29, 1782.]


PAUL GERRISH 1764 MADBURY


[Administration on the estate of Paul Gerrish of Madbury, gentleman, granted to Mary Gerrish, widow, Feb. 29, 1764.]


[Probate Records, vol. 23, p. 182.]


[Bond of Mary Gerrish, with Stephen Jones, gentleman, and Hubbard Stevens, tanner, both of Durham, as sureties, in the sum of £500, Feb. 29, 1764, for the administration of the estate; witness, William Stilson.]


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[Warrant, Feb. 29, 1764, authorizing Joseph Sias of Durham and Ebenezer Demeritt of Madbury, yeomen, to appraise the estate.]


[Inventory, April, 1764; amount, £10,724. 17. 0; signed by Joseph Sias and Ebenezer Demeritt.]


[Account of the administratrix; receipts, £135. 19. 10; expen- ditures, £152. 13. 10; filed April 24, 1771.]


ZEBEDEE HUNT 1764 RYE


[Administration on the estate of Zebedee Hunt of Rye granted to Richard Jenness, 3d, Feb. 29, 1764.]


[Probate Records, vol. 23, p. 182.]


[Bond of Richard Jenness, 3d, with Francis Jenness, yeoman, and Jeremiah Marston, gentleman, as sureties, all of Rye, in the sum of £500, Feb. 29, 1764, for the administration of the estate; witness, William Stilson.]


[Warrant, Feb. 29, 1764, authorizing Joseph Brown and Jere- miah Berry, both of Rye, yeomen, to appraise the estate of Zebedee Hunt, mason.]


[Inventory, May 29, 1764; amount, £871. 10. 0; signed by Joseph Brown and Jeremiah Berry.]


CUTTS SHANNON 1764 PORTSMOUTH


[Administration on the estate of Cutts Shannon of Ports- mouth, gentleman, granted to his widow, Mary Shannon, and Hunking Wentworth Feb. 29, 1764.]


[Probate Records, vol. 23, p. 195.]


[Bond of Mary Shannon, with Jonathan Moulton of Hamp-


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ton and Joseph Moulton of Portsmouth, blacksmith, as sureties, in the sum of £1000, Feb. 29, 1764, for the administration of the estate; witnesses, Hunking Wentworth, Thomas Packer.]


[Warrant, March 19, 1764, authorizing John Dennett, gentle- man, and John Shackford, both of Portsmouth, to appraise the estate.]


[Inventory, May 30, 1764; amount, £13,953. 0. 0; signed by John Shackford and John Dennett; mentions "a Negro man Named Ben."]


JOHN KELSEY 1764 NOTTINGHAM


[Citation to Robert Kelsey and James Kelsey, both of Notting- ham, yeomen, March 2, 1764, to appear and take administration on the estates of their brothers, John Kelsey and Moses Kelsey.]


[Administration on the estate of John Kelsey of Nottingham, yeoman, granted to James Kelsey April 25, 1764.]


[Probate Records, vol. 23, p. 218.]


[Bond of James Kelsey, with William McCrillis of Notting- ham, yeoman, and John Burnham Hanson of Durham as sureties, in the sum of £500, April 25, 1764, for the administra- tion of the estate; witnesses, William Parker, William Parker, Jr.]


Persuant to a warrant from the Honble Richard Wibird Esqr Judge of the Probate of Wills &c for the Province of New Hamp- shire appointing us the Subscribers a Committee to Divide the Real Estate of John Kelsey Late of Notingham in said Province yeoman Decesd amongst the next of kin and the Representatives of them that are Dead which Estate Consists of one Hundred acre Lott of Land in Notingham in the province aforesaid being the Lott Number Twenty four in the Second Range in Summer Street which we have Divided as followeth (Viz)


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first Set off to William Kelsey Brother of the Said Decesd for his Sixth part of Said Estate Twelve acres and half acre of Land of the aforesaid Hundred acre Lott Begining at the Southerly Corner of Said Lot on Summer Street Leaving the Street Then North west Half a pint north forty Rods Then North forty Degrees East fifty Rods across the Lott then South East half a pint South forty Rods to Said Summer Street then on Said Street to the Corner first mentioned


Set off to James Kelsey Brother to Said Decesd, Twelve acres and half acre of Land in Said Lott Begining on the South westerly Side of Said Lot at the afore Said Williams part Then north west half a pint North Forty Rods then north forty Degrees East fifty Rods a Cross the Lott then South East half a pint South to Land Set off to the aforesd William then by Williams to the first Bound


Set off to Sarah Elliss Sister of the Said Decesd fourteen acres and half acre of Land in the aforesd Lott Begining at the Land set off to James Kelsey on the South westerly Side of Said Lott Then Northwest half a pint north forty Seven Rods to a Larg Stooping Hemlock in a Brook Then North forty Degrees East fifty Rods a Cross the Lott then South East Half a pint South to Land Set off to the aforesd James Kelsey then on Said James to the first Bound -


Set off to William Morrison Robert Morrison and James Mor- rison Sons of Mary Morrison Decesd who was Sister to Said John Kelsey Decesd, for their Sixth part of Said Estate Seventeen acres of Land in the aforesaid Lott Begining at the Land Set off to Sarah Elliss at the aforesaid Hemlock Tree Then North west half a pint north fifty five Rods to a white oak Tree Spotted Then North forty Degrees East fifty Rods a Cross the Lott then South East half a pint South fifty five Rods to the Land Set off to Sarah Elliss then on Said Sarahs Land to the first Bound


Set off to Robert Kelsey for his Sixth part Twenty Six acres of Land and pond of the aforesaid Lott Begining at the white oak before mentioned Then North west half a pint north Eighty


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four Rods then North forty Degrees East fifty Rods a Cross the Lot then South East half a pint South Eighty four Rods to Land Set off to the Heirs of mary morrison Decesd then Streight to the first Bound -


Set off to Jane McCrillis for her Sixth part of Said Estate Sixteen acres and half acre Beginning on the Southwesterly Side of Said Lot at the Land Set off to Robert Kelsey Then north west half a point north fifty four Rods to the Head of the Lott Then north forty Degrees East fifty Rods a Cross the Lott Then South East half a pint South to the Land Set off to Robert Kelsey then Straight to the first Bound, and Each party Shall have Liberty to Pass and Repass through Each parcel of Land as ocasion may Require


May 27th Day 1765


Benj Mathes Joseph Sias miles Randel Benja Watson


Committee


[Decree of court, May 13, 1766, putting in suit the bonds of James Kelsey as administrator of the estates of John Kelsey and Moses Kelsey.]


James Kelsey Admin' of the Estate John Kelsey Decd That the said John went from this Province about the year 1746 that his father was then living that said John left a Yoke of Oxen & a horse that the father disposed of the Oxen & left the horse to his wife & by her leave the said James disposed of Said Horse for One hundred & fifty pounds old Tenor which he was by her Desire to Divide between his two Sisters Wm MeCrelles wife and Sarah Ellis which he was ready & designed to pay




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