USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 5 1754-1756 > Part 27
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[York County, Me., Probate Records, vol. 9. p. 132.]
THOMAS RAND 1756 RYE
In the Name of God Amen the twelthe day of January one thousand Seven Hundred and fifty Six I thomas Rand of Rye in the Province of New Hampshire in Newengland Husbandman Being very Sick & Week in Body
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Imprimis I Give to my well beloved Son Thomas Rand all the Land & Marsh that I have in the Parrish of Rye With My House & Barn Standing on my Land and all my Toulls for Husbandtory Work
Item I Give to my Well Beloved Son Epharim Rand the one Halfe of all my Wright of Land in Epsom one Coue & one third of my Waring Clouse one yoke of oxen to Be Given Him by My Executor when he is twenty one years old
Item I Give to my Well Beloved Son Ruben Rand the one Halfe of all my Wright of Land in Epsom one yoke of Oxen one Coue & one third of my Wareing Close to be Given Him by my Executor When he Comes to the age of twenty one years
Item I Give to my Well Beloved Daghter mary Chandler thirty five Pounds old tenor money to be paid her by my Execu- tor.
Item I Give to my Well Beloved Daughter hannah Lock thirty five Pounds old tenor money to be Pay her by Executor
Item I Give to my Well Beloved Daughter Elesebeth Lang thirty five Pounds old tenor money to be Paid her by my Execu- tor
Item I Give to my Well Beloved Daughter Mabarah Rand thirty five Pounds old tenor money one Coue & the one Halfe of my Household Goods to be Paid her By my Executor -
' Item I Give the Remander to my Executor of my Real & Parsonel Estate & if by the Povidence of God he Dyes with out an Heir I Give all that I have not other ways Desposed to my Son Epharim Rand & if thomas & Epharim Dye with [out] Heirs I Give & Bequeath all my Real Estate to Ruben Rand I Like- wise Constute make & ordain my son thomas Rand Sole Execu- ter
thomas his + Marke Rand
[Witnesses] Richd Rand, Josiah Webster, Richª Jenness 3d. [Proved Jan. 28, 1756.]
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[Bond of Thomas Rand, yeoman, with Richard Rand, gentle- man, and Richard Jenness, 3d, as sureties, all of Rye, in the sum of £500, Jan. 28, 1756, for the execution of the will; witnesses, William Parker, Richard Philpot.]
TIMOTHY LEAVITT 1756 BRENTWOOD
In the name of God Amen I Timothy Leavit of the Parish of Brintwood in ye Tounship of Exeter in the Province of New Hampshire in New England Yeoman * * *
Imprimis. I Give and Bequeath to my Beloved Wife Anne Leavit one Yoak of Oxen Two Cows Three two Year old Crea- tures Eight Sheep Three Swine one Yoak with Irons 1 Plow two Draft Chains all my Bonds and notes of hand and all my Indore moveables besides what I Shall Particularly Dispose of in this my Will to my Children to be at her desposal forever. And also I give to my beloved Wife afore Sd : and To my beloved Daughter Anne Leavit The use and Improvement of the one half of my whome Place both mowing planting and Orcharding with a Privelege to use my Cart Wheels & Sleds and the Easterly End of my Dwelling house So long as She Remains my Widow and also the use and Improvement of ye one half of My Cellar. And also my Will is that after ye Decease or Scond marriage of my Wife aforesd that my Daughter Anne Leavit if She Remains un- married should have the use and improvement of my Bed Room, and also a Privilege in the Kitchen and Cellar and Garret and the use and Improvement of one Quarter part of my orchard, and also one Cow and Calf and four Sheep to be kept for her Summer & winter by my Executor and also firewood Sufficient for to be Cut and hauled by my Executor.
And furthermore my Will is that my Executor hereafter named Shall Provide and allow to my Daugter Anne Leavit aforesd Yearly So long as She Remains unmarried Eighteen Bushell of Corn and Sixty weight of Beef
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Item I Give and Bequeath to my Beloved Daughter Anne Leavit aforesd one Feather Bed and Beding, one Cow & Calf, and Four Sheep, to be at her desposal forever, and my Will is yt if my Daughter Anne Leavit Should marry that my Executor Shall pay her Two Hundred Pounds Equal to Bills of Credit of ye old Tenor in money or in Stock to the value thereof Immedi- ately after her marriage
Item I Give and Bequeath to my beloved Daughter Deborah Dowlin and to her heirs and assigns forever Twenty Five acres of Land it being part of my Common Right Lying in ye Parish of Epping in ye Township of Exter which was proportioned to me by ye first Committee for proportioning ye Common Lands in Sd Town I Do also Give to my Daughter Deborah Dowlin afore Sd one Cow Four Sheep one Feather Bed and Beding Six Pewter Platters Six Pewter Plates one Tramel a Fire Shovel and Tong's & Flesh Fork
Item I Give to ye Chh of Christ in this Place The Sum of Twenty Pounds old Tenor to be paid by my Executor to ye Com- mittee of ye Church in Eight months after my Decease
Item I Give Demise and Bequeath to my Beloved Son Timo- thy Leavit and to his Heirs & Assigns forever all the Rest and Residue of my Estate both Real and Personal he Paying my Just Debts Lagacies and Funeral Charges, and allowing to his mother and Sister the Improvement as aforesd in this my last Will and Testament
Lastly I do hereby Constitute Ordain and appoint my beloved Son Timothy Leavit to be Sole Executor of this my last Will and Testament. In Witness whereof I Do hereunto Set my Hand and Seal This Thirteenth Day of January Anno Domini one Thousand Seven Hundred Fifty Six
Timothy Leavitt
[Witnesses] Samuel Smith, Samel Dudley, Nathaniel Trask. [Proved March II, 1756.]
[Warrant, March II, 1756, authorizing Samuel Smith and
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Biley Dudley, both of Brentwood, yeomen, to appraise the estate.]
[Inventory, March, 1756; amount, £8999. 16. o; signed by Samuel Smith and Biley Dudley.]
ABIGAIL THOMPSON 1756 DURHAM
In the name of God Amen the Twentieth Day of January in the year of our Lord God One Thousand Seven Hundred Fifty & Six, I Abigail Tompson of Durham in the Province of New Hampshire in New England being Aged & & Stricken in years *
Imprimis I will & give my Sons Robert & Ebenezer Tompson Twenty five Acres of Land more or Less at Back River so Called in Dover in the Province aforesd with the Priviledges & Ap- purtenances to their heirs and Assigns for ever to be Divided Equally between them, to be had and held by them immediately after my Decease
Item it is my will and pleasure that my daughter Abigail Tompson shall be paid Two Hundred pounds Old Tenor or an Equivilancy thereunto at Time of payment by my Two Sons Robert & Ebenezer Aforesd within five years after my Decease. Likewise I give my Daughter Abigail aforesd all my houshold Goods & furniture whatsoever with my Rings & Necklace of Gold to be to her & heirs for Ever; Reserving my Mother's Cloaths to the purposes hereafter I Intend to dispose of -
Item as to any other Real Estate, or personal What soever it is my will and pleasure to give the Same to my three Children vizt Robert, Ebenezer & Abigail their heirs for ever to be Equally Divided between them Immediately after my Decease
Item I give my Brother Solomon Emerson my Negro Woman Dinah so Called with my part of my father's Right Samuel
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Emerson Gentman Deceased in the Common Lands in Durham to him & his heirs for Ever -
Item I give Hannah Tompson Daughter of my Son Samuel Tompson Deceased Twenty pounds Old Tenor to be paid by my Executor within five years after my Decease provided She Lives Untill Time of payment -
Item I give Abigail Tompson Daughter of my Brother Micah Emerson Deceased one Riding hood that belonged to my mother Judith Emerson -
Item I give my Cousin Abigail Emerson Daughter of Brother Timothy Emerson Deceased one Suit of my mother's as afore- said her Cloaths for ever Immediately after my Decease -
Item I give unto Hannah Emerson Daughter of my Brother Solomon Emerson one Suit of my Mother's Cloaths Immediately after my Decease
Item I give unto the Revd Joseph Prince one Cow to be well wintered out After my Decease to him & his heirs for ever
I do ordain, Constitue, & Appoint my Son Robert Tompson to be my Sole Executor
Abigail Tompson
[Witnesses] John Woodman, Samuel Daniels Junr, William Bruce.
[Proved May 26, 1756.]
[Warrant, May 28, 1756, authorizing Jonathan Woodman and Joseph Sias, both of Durham, traders, to appraise the estate.]
[Inventory, Dec. 26, 1756; amount, £3032. 19. 0; signed by Joseph Sias and Jonathan Woodman.]
BENJAMIN HILLIARD I756 HAMPTON FALLS
In the Name of God Amen the twenty fifth day of January Anno Domini 1756 In the twenty ninth year of his Majestys
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Reign I Benjamin Hilyard of Hampton falls in the Province of New Hampshire in New England Yeoman being Sick and weak in Body * *
Item I Give and Bequeath to my wellbeloved wife Dorothy all my Houshold Goods And moveables within Doors for her · own Use and Improvement so long as she shall think Proper and then to Dispose of among my Daughters as she shall think Proper I also Give her the Improvement of One half of my Dwelling House and half of my Barn And half of all my Lands whatsoever or wheresoever for the Bringing up of my Children who Are Young Untill my Son John shall arrive at the age of twenty one Years if he should live to that age and if he should Die before untill the time he would have arrived at that age had he Lived. Also the Use of one half of my Husbandry Tools un- till that time -
Item I Give and Bequeath to my Son Benjamin Hilyard to him his heirs and assigns One half of my House and Barn and one half of All my Land whatsoever or wheresoever to be Equally Divided as to Quantity and Quality I also Give him the Improve- ment of my Mill Stream and Mill Untill my Son John shall Ar- rive at the Age of twenty one Years And after that to have and Injoy the one half of Said Mill Stream and Mill Priviledges to him my said Son Benjamin his heirs & assigns I also Give to my said Son Benjamin One half of all my Husbandry Tools. And I Order him to pay to my Daughter Mehetable Weare five Pounds New Tenor Yearly for four Years after my Decease
Item I Give and Bequeath to my Son John Hilyard to him his heirs and assigns when he shall Come to the age of twenty one years The One half of my House and Barn and one half of all my Lands whatsoever or wheresoever to be Equally Divided as to Quantity and Quality also one half of my Mill Stream And Mill Priviledges also one half of my Husbandry Tools. And further my will is That As my Son Benjamin is now abroad in the Prov- ince Service if he should Die before he Returns home again Then what is beforementioned to be Given to my Said Son Ben-
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jamin I Give to my Son John in the Same Manner as it was given to Benjamin
Item I Give and Bequeath to my Daughter Mehetable Weare One Cow also five Pounds New Tenor a Year for four years after my Decease to be paid her by my Son Benjamin or if he should Die without Returning as abovementioned then to be paid her by my Son John
Item I Give And Bequeath to my Two Daughters Mary Hil- yard and Dorothy Hilyard Each of them One Cow and One feather Bed And Beding and Ten Pounds New Tenor to be paid Each of them as they arrive at the age of Eighteen Years by my Executrix
And further my will is and I do hereby Order That for the Payment of my Debts and funeral Charges All my Stock of Creatures of what Sort Soever Excepting three Cows shall be Sold by my Executrix And if the money that shall be Raised by the Sale of my Stock of Creatures with what Money is Due me shall not be Sufficient to Discharge the Same Then I Order my Executrix to make Sale of so much of my Real Estate as shall be wanting and she is hereby Improved so to do that the moveables within Doors may not be Sold which Three Cows Excepted are to be for the Use of my Executrix for bringing up my Children
Lastly I do by these presents Constitute and appoint my well beloved Wife Dorothy Sole Executrix
Benjamin Hilyard
his
[Witnesses] Meshech Weare, Samuel X Fifield, Daniel Sanborn. mark
[Proved March 31, 1756.]
[Dorothy Hilliard renounces execution of the will March 29, 1756; witnesses, Samuel Shaw, Samuel Fifield.]
[Bond of Meshech Weare, with Daniel Sanborn, yeoman, and Ezekiel Carr, husbandman, as sureties, all of Hampton Falls, in the sum of £500, March 31, 1756, for the administration, with
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will annexed, of the estate; witnesses, William Parker, Samuel Morrison.]
[Warrant, March 31, 1756, authorizing Jonathan Fifield and Josiah Batchelder, both of Hampton Falls, yeoman, to appraise the estate.]
[Inventory, attested June 18, 1756; amount, £4870. II. 0; signed by Jonathan Fifield and Josiah Batchelder.]
[Warrant, June 17, 1757, authorizing Joseph Worth, Josiah Batchelder, Jonathan Swett, yeomen, Andrew Webster, ship- wright, and Jeremiah Lane, yeoman, all of Hampton Falls, to set off the widow's dower.]
Pursuant to an Order from the Honourable Richard Wibird Esq' Judge of Probate of Wills for the Province of New Hamp- shire Bearing Date the 17th of June 1757 Authoriseing us to Set off to Dorothy Hilyard widow & Relict of Benjamin Hilyard Late of Hampton falls in the Province aforesaid Deceas'd the Dower or thirds which happens to her of the Real Estate of the said Deceas'd -
We have Accordingly Set off the Same as hereafter Described And Bounded vizt for her third part of the Buildings we have set off the Southeasterly lower Room of the Dwelling House and fire Place thereto belonging And also the Chamber and Garret over said Room and Privilidge of the Stairs to go into the same And the Southerly third part of the Celler Under said Room; and the Easterly End of the Barn to the floor Place, and the South- erly part Over the floor Place as far as the Scaffold is now laid with a third Part of the Priviledge of the floor Place And for her third Part of the Land we have set off as follows vizt ten Acres near the House which Includes her third Part of the orchard and is Bounded as follows, Beginning by the highway twenty feet Southerly of the Southwesterly Corner of the Dwelling House thence Running Easterly to a Stake standing twenty feet South- erly of the Southeast Corner of the Dwelling House, thence Run-
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ning thro' the Orchard North 49 Degrees East ten Rods to a Stake, thence Running North 77 Degrees East forty Six Rods to a Stake, thence on a Strait Course to a Stake set up near the Southwesterly Corner of the Saw Mill, and from said Stake to a Stake at the westerly End of a Pair of Barrs in Deacon Batch- elder's fence And from thence Westerly as the fence now Stands between said Bachelders and Hilyards land to a Stake Standing by the fence a little Notherly of the Brook And from thence to a Stake behind the Barn which is fourteen Rods from the Middle of the well and from thence on a Strait Course to the middle of the well which will Strike the Post of the Barn Standing at the Southwesterly Corner of the Barn floor, and from the middle of the well to the Northeast Corner of the Dwelling House and then by the Easterly End and Southerly Side of the House to the highway and then by the Highway to the Bounds first men- tiond, also another Piece on the lower field Containing four acres and Ninety Nine Rods lying on the Notherly Side of the field Bounding Notherly by land belonging to the Heirs of Timothy Hilyard Deceas'd as the fence now is so far as their Land goes, and then Continuing the Same Course to the Meadow, and then by the Edge of the meadow to a Stake Set up half a Rod South- erly of a Large Pine Stump on the Edge of the Bank, And from thence westerly to a Small Swamp white Oak Spotted Standing by the fence at the westerly End of the field ten Rods from the Northwesterly Corner of said field, And from said Oak to the Northwesterly Corner of said field ten Rods as the fence now is We have Also set off to her of the Meadow adjoyning to said field One acre and One hundred & fourteen Rods Bounding Notherly by Taylors River so Called Easterly by meadow Sold to Deac" Josiah Bachelder westerly by the meadow Sold to Capt Jonathan Moulton As the Stakes are now set up And Southerly by the Upland, which makes the full of her thirds -
And it is to be Understood that there is liberty Reserv'd to the heirs of the said Benjamin Deceas'd & their Assigns of Passing thro' the Upper End of that part of the lower field which we have
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set off to the said Dorothy for her thirds for to Come at the Land belonging to them that being the only Place where there is Con- veniency of Passing -
And this we make as our Return Dated the twenty fifth Day of July Anno Domini 1757 As Witness Our hands. -
Joseph Worth Josiah Bachelder Andrew Webster Jonathan Swett Jeremiah Lane
JOSEPH BUSS 1756 PORTSMOUTH
[Bond of Joseph Buss of Portsmouth, joiner, with Joseph Al- cock of Portsmouth, shopkeeper, and James Kielle of Dover, tailor, as sureties, in the sum of £1000, Jan. 28, 1756, for the ad- ministration of the estate of his father, Joseph Buss; witnesses, William Parker, Richard Philpot.]
[Lydia Buss of Portsmouth, widow, renounces administration on the estate of her husband, Joseph Buss of Portsmouth, joiner, Feb. - , 1756, in favor of Joseph Buss, oldest and only surviving son; witness, John Paine.]
[Administration on the estate of Joseph Buss granted to his son, Joseph Buss, Feb. 25, 1756.]
[Probate Records, vol. 19, p. 465.]
[Inventory, June 30, 1756; amount, £2646. I. o; signed by Daniel Jackson and Samuel Waters.]
FRANCIS FOOTMAN I756 DURHAM
In the Name of God Amen I Francis Footman of Durham In the Province of New Hampshire husbandman Being aged *
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Item I give unto my two Sons Namly Thomas Footman and John Footman Equally Divided Betweane them all my Estate of what Nator or kind Soever: and whare So Ever the Same is or Shall Be Found Ither Raiel or Personal Not heare to fore By me Legally Disposed of : Finally I Constitute and appint Benjamin Mathes And John Burnum Both of the Town and Province afore Said To be Exectors *
In Witness whare of I have hereunto Set my hand and Seal the Twenty ninth Day of January Anno Domini one thousand Seven Hundred and fifty Six In the twenty ninth Year of his Majestys Reign
his francis footman
[Witnesses] Abraham X Stevenson, John Jenkens, Joseph Stevenson Juner. mark
[Proved Feb. 25, 1756.]
[Warrant, Feb. 25, 1756, authorizing Benjamin Smith, gentle- man, and Joseph Sias, trader, both of Durham, to appraise the estate.]
[Inventory, March 10, 1756; amount, £5738. 17. 6; signed by Joseph Sias and Benjamin Smith.]
[Guardianship of John Footman, minor, aged more than 14 years, granted to John Sullivan Aug. 9, 1769.]
[Probate Records, vol. 25, p. 551.]
[Guardianship of Thomas Footman, minor, aged more than 14 years, granted to John Sullivan Aug. 9, 1769.]
[Probate Records, vol. 25, p. 550.]
[Bond of John Sullivan, with Thomas Bickford and Winthrop Bickford, yeomen, as sureties, in the sum of £500, Aug. 9, 1769, for the guardianship of John Footman, son of Francis Footman; witnesses, William Parker, Samuel Hale, Jr.]
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[Bond of John Sullivan, same sureties, amount, and date, for the guardianship of Thomas Footman, son of Francis Footman; witness, William Parker.]
Pursuant to a Warrant from the Honble John Sherburne Esqr Judge of the Probate of Wills &e for the County of Rockingham Directing and appointing us the Subscribers a Committee to Divide the Real Estate of Francis Footman late of Durham De- ceased have Done it in the following manner Viz. We have set off to Thomas Footman Eldest son of said Deceased one half of said Real Estate as follows The late homestead Farm of said De- ceased containing about Forty Three Acres, Laying on the North Side of the Highway that leads from Durham Falls, to Durham Point (so called) and Adjoining thereto, and is Bounded Westerly by Land of the Heirs of Daniel Davis Deceased, North- erly by land of Abraham Stevenson & Jonathan Warner Esqr and Easterly by land of said Jonathan Warner as the same was held & Improved by said Deceased. Also a lot containing about Six Acres and one half Acre adjoining the Aforesaid highway on the South Side thereof and opposite to the aforesaid Homestead, and Bounded westerly by Land of the Heirs of the Aforesd Daniel Davis, Southerly by land Lately belonging to Benjn Mathes Esqr Deceasd & Easterly by land laying Common -
Also About Sixteen Acres of Land in said Durham at a place Called & known by the Name of Colleys Marsh Including part of said Marsh Bounded Southerly by land of Daniel Warner Esq" Northerly by a highway Westerly by land of Joseph Smith, & Easterly by land of Stephen Willey, as the Same was held & Im- proved by the Testator -
To John Footman the other Son of Said Deceased for his half a Sixty Acres Lot of Land laying partly in Durham Aforesaid, and partly in the Parish of Lee as the same was granted by the Town of Dover to Thomas Footman Father of said Francis, and laid out to him as will appear by the said grant & Return & Dover Records - Also about Nineteen Acres and one half Acre
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of Land in Durham Aforesaid adjoining Colleys Marsh Aforesd and is Bounded on Every Part by land of Valentine Mathes Esqr & Daniel Warner Esq' as the same was held & Improved by the said Francis Footman in his lifetime - Witness our hands at Durham the 13th day of April 1774
Volintine Mathes John Smith E Thompson
Committee
LAWRENCE STRAW 1756 SOUTH HAMPTON
In the Name of God Amen. I Lawrence Straw of South- Hampton in the Province of New-Hampshire in New-England Husbandman being Weak in Body
Item - Secondly I give to my well beloved Wife Abia Straw the use and Improvement of one half of my Real Estate the East End of my House and all the Cellar the one half of all my Stock and one half of my Household goods and Household Stuff These I give her the use and Improvement of So long as She remains my Widow.
Item Thirdly I give to my Son Moses Straw Twenty Five Shillings Lawful Money or Five Pounds old Tenor as Money now passes to be paid him by my Executor within Six Months after my Decease -
Item Fourthly I give to my Son Ezra Straw the other half of my Real Estate and the other half of my Stock, and if my Wife Abia Straw refuses my Will and chooseth to stand by the Law, then I give to my son Ezra Straw two Thirds of my Real Estate and two thirds of all my stock with all my husbandry utensils, and after the Decease of my wife I give him the whole of all my real Estate and the whole of my stock. I give him all my Husbandry utensils and Implements to take Possession of immediately after my Decease.
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Item Fifthly I give to my Daughter Hannah Straw Three Hundred Pounds old Tenor as money now passes, the one Half to be paid her within Six months after my Decease, and to be paid with the one Half of my Household Goods and Household stuff if they are Valued at one Hundred and Fifty Pounds old Tenor, and if they are not Valued so high as to amount to it then the rest to be paid her in money, and if they amount to more than one Hundred and Fifty Pounds old Tenor yet my will is that the one Half of all my Household goods and house hold Stuff be delivered to her within Six months after my Decease. And my will also is that the other Hundred and Fifty Pounds be paid her within Six Months after the Decease of my Wife Abia Straw, as the first one Hundred and Fifty Pounds was paid That is to say to be paid out of the other Half of my House hold goods, and house hold stuff if they are Valued So high as to amount to One hundred and Fifty Pounds old Tenor But if not, then the remainder to be paid in Money. But yet if they amount to more than one Hundred and Fifty Pounds yet my Will is that they be Delivered to her by my Executor, or if Either the first Half, or the Second half of my Household Goods and Household Stuff do not amount to one Hundred and Fifty Pounds Old Tenor Each, that then my Executor pays her the remainder in Money at the Expiration of Each Time. My will further is that if my Wife refuseth to accept of my Will and if She accepts of what the Law allows her then my Daughter is to have two Thirds of my Household goods and two thirds of my household stuff delivered her by my Executor within Six Months after my Decease, But if they do not amount to Two Hundred Pounds Old Tenor, then the rest to be paid her by him in money, and the Other Third part of my Household goods and House hold stuff to be delivered to her within six months after the Decease of my Wife, and if they do not amount to One Hundred Pounds Old Tenor, then the rest to be paid her in Money, But yet if they amount to More yet my Will is that they are all of them delivered to her, by my Executor.
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Finally I do make Ordain and constitute my son Ezra Straw to be Sole Executor * In Witness whereof I have Set my Hand and Seal this Twenty Ninth Day of January Anno Domini One Thousand Seven Hundred and fifty Six and in the Twenty Ninth year of the Reign of George the Second King over great Britain &
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