Probate records of the Province of New Hampshire Vol. 9 1767-1771, Part 11

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State of New Hampshire Rockingham ss Londonderry March 28th 1786


Pursuant to a preceipt to us Directed by the Honbl Judge of Probate of Wills for Said County appointing us a Committee to Sett off to Sarah Boyes Widow her Dower which happens to her of the Estate of her late Husband Robert Boyes late of London- derry in said County Esq' Deceased and having set forth the same by metes and Bounds to hold to her in severlty the same is bounded as follows (viz) one lot of land lying to the north of the Road that leads to Widow Chapmans begining at a stake by the fence then south Eighty Degs East ten rods then north north west one hundred & thirty four Rods to the Brook then by the Brook to the line of Robert Macmurphys land then by Said line


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to the Bounds first mentioned Containing Eight acres more or less: Also one other lot in said farm Called the Middle field Begining at a stake on the line of John Bettons land then north west thirty Rods to the Highway as the fence now gos then by the Highway fifty five rods to a stake then south fifty four Dega East thirty rods by the fence to the line of said John Bettons land then by said line to the Bounds first mentioned Containing ten acres more or less together with the whole of the Pasture lying South & south west of the Barn as the stone wall now goes with the Orchard therein also the small field south of the Dwell- ing House also that part of the farm ajoining to Docter Isaac Thoms land Consisting of wood land & some Orchard Bounding on the South East & north east by the Highway on the north west by said Robert Macmurphys land Containing about ten Acres: Also part of the Barn (viz) the East scaffald with the Tyup un- derneath and a priviledge of the Florway and the Barn yard also a priviledge of the Draw well and half of the Cyder Mill Together with a priviledge of the Ground around said Cyder mill as allso the east room in the Dwelling house with the Chamber over said Room with the Garrat and a priviledge of the stairs and the Celler underneath also the Chamber stairs with a small room over said stairs and the yard ajoining to the frount Door likwise one rod of land around her part of the Dwelling house also a priviledge of the Oven in the Dwelling house -


Also one third part of a farm belonging to the Estate of said Deceasd known by the name of the Peck farm her part of the Pasture with the Tillage and mowing land included in the follow- ing Bounds Begining at a stake by the road then north fifty four Degs East to the line of John Hoggs land which is Hampstead line then south by said line to the Road then by said Road to the Bounds first mentioned Containing about ten acres also one piece of land lying west of said Road begining at a stake & stones by the Road then west south west about fifty rods to a red Oak tree by the fence then south easterly by said fence to the Pasture fence then Easterly & northeasterly By said fence to the afore-


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said Highway then northerwesterly by said Highway to the bounds first mentioned Containing about six acres more or less Together with a wood lot Bounding as follows Begining at a stake by the fence that Divides between the improvements and the woodland then west one hundred & twenty five rods to a stake and Stones then north forty one rods to a white Oak tree then East about one Hundred rods to the aforesaid fence then by said fence to the Bounds first mentioned Containing about twenty nine acres: Together with the east room in the Dwelling House with the Chamber thereto belonging & a priviledge of the Celler also the whole of the east scaffald in the barn with half the Tyup underneath and a priviledge of the Barn flore also a priviledge of the Draw well in said farm


John Moor Thomas Cristy Samuel Pilsbury


[Account of Matthew Thornton, executor; receipts, £1020. 3. II; expenditures, £1809. 9. 1034; filed May, 1788; endorsed "Not Settled."]


[Order of court, Nov. 18, 1789, submitting the account to Timothy Farrar of New Ipswich, John Shepard of Amherst, and Oliver Peabody of Exeter, it being protested by Jane Doak, Alexander Boyes, and Sarah Houston, a majority of the heirs. By further decree, Dec. 16, 1790, the account was submitted to John Taylor Gilman of Exeter, John Parker, and John Peirce, both of Portsmouth.]


[Report of referees, April 16, 1791, that Matthew Thornton was entitled to recover £98. 14. 6 1/2 from the estate ; signed by all the referees.]


[Order of court, April 18, 1792, submitting the account of Sarah Boyes, executrix, to Nathaniel Peabody of Atkinson, George Reid, and James McGregore, both of Londonderry, by


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agreement of Alexander Boyes, Samuel Houston and his wife, and James Doak and his wife, majority of the heirs.]


[Additional account of Sarah Boyes; receipts, £701. 6. 6; expenditures, £26. 3. 0; allowed Dec. 18, 1793.]


DANIEL BLAKE 1768 KENSINGTON


[Guardianship of Jonathan Blake, minor, aged more than 14 years, son of Daniel Blake of Kensington, deceased, granted to Isaac Fellows of Kensington, yeoman, April 4, 1768.]


[Probate Records, vol. 25, p. 116.]


[Bond of Isaac Fellows of Kensington, yeoman, with Samuel Elliot of Kingston, tailor, as surety, in the sum of £50, April 4, 1768, for the guardianship of Jonathan Blake, son of Daniel Blake of Kensington, cordwainer, deceased; witnesses, John Morrill, William Parker, Jr.]


JONATHAN DURGIN I768 DURHAM


[Administration on the estate of Jonathan Durgin of Durham granted to his widow, Judith Durgin, April 5, 1768.]


[Probate Records, vol. 25, p. 145.]


[Bond of Judith Durgin, with Joseph Thomas, gentleman, and John Edgerly, yeoman, as sureties, all of Durham, in the sum of £500, April 5, 1768, for the administration of the estate; wit- nesses, Walter Bryent, Elizabeth Bryent.]


[Warrant, May 25, 1768, authorizing John Smith, gentleman, and Thomas Stevenson, yeoman, both of Durham, to appraise the estate.]


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[Inventory, June 13, 1768; amount, £31. 17. 9; signed by John Smith and Thomas Stevenson.]


[Bond of Trueworthy Durgin, with Edward Smith and Tim- othy Murray as sureties, both of Newmarket, yeomen, in the sum of £500, April 5, 1769, for the guardianship of Samuel Durgin, minor, son of Jonathan Durgin; witnesses, William Parker, John Wentworth, Jr.]


AARON WHITTEMORE 1768 PEMBROKE


[Administration on the estate of Aaron Whittemore of Pem- broke, clerk, granted to his widow, Abigail Whittemore, April 5, 1768.]


[Probate Records, vol. 25, p. 115.]


[Bond of Abigail Whittemore, widow, with Joseph Baker of Pembroke, gentleman, and Walter Bryent of Newmarket as sureties, in the sum of £500, April 5, 1768, for the administration of the estate; witnesses, Joseph Moulton, Robert Parks.]


[Inventory, attested May 20, 1768; amount, £1320. I. 5; signed by Joseph Baker and David Abbott.]


Province of We the Subscribers Appointed by the New Hampshire Honble John Wentworth Esq' Judge of the Probate of wills &c for said Province To set off to Abigail Whitte- more widow her thirds of the homestead Real Estate of Aaron Whittemore late of Pembroke Deceased Clerk we adjudge to her the southerly End of the old house with one third of the Celler with a Previledge of passing & Repassing to & useing the oven Cellar & chamber stairs in the citchen as also a Previledge in passing & Repassing both outer Doors & useing the well & the west End of the Barn 22 feet in Length & one third of the chand- ler Lot so Called Begining at the south west Corner & Runing on the high way North 25 Degrees west 15 Rods to a stake & stones & then Running East 25 Degs North the Length of the


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Lot to a stake & stones then Runing south 25 D : East 15 Rods to an ash Tree then Runing on the line Between the Land & wil- liam Robertsons Land to the first mentioned Corner - as also one third of the Second Devision Lot Begining at the South west Corner & Runing North 25 Degrees west to a stake & stones 15 Rods & 8 Links then Runing East 25 Degs North keeping that Breadth the whole length of the Lot & also one third of the westerly side of the high way Beginning at the Corner of Andrew Gaults house Lot then Runing North 25 Degs west on said high way 29 Rods to a stake & stones then Runing west 25 Degs South to the Intervel then on said Inter' line to the Corner of Andrew Gaults lot then Runing on sd Gaults Land to the first mentioned Corner & also the whole of the uper Intervel so Called Bounded According to the Proprietors Records of Suncook & we Judge the other Two thirds to be worth 380£ Lawfull money & think it Cannot Be Divided amongst all the children with out spoiling the whole -


Dated at Pembroke the 15th of April 1769


Richd Bartlet Joseph Baker Committee David Abbot


[Account of the administratrix; receipts, £755. 1. 5; expendi- tures, £30. 10. 8; allowed May 31, 1769.]


[Guardianship of Ruth Whittemore, aged less than 14 years, daughter of Aaron Whittemore, granted to Aaron Whittemore May 31, 1769.]


[Probate Records, vol. 25, p. 432.]


[Bond of Aaron Whittemore of Pembroke, yeoman, with Joseph Baker of Pembroke and Peter Coffin of Concord, gentle- men, as sureties, in the sum of £500, May 31, 1769, for the guardianship of Ruth Whittemore; witnesses, none.]


[Guardianship of Peter Whittemore, aged less than 14 years, granted to Peter Coffin May 31, 1769.]


[Probate Records, vol. 25, p. 432.]


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[Bond of Peter Coffin of Concord, gentleman, with Joseph Baker, gentleman, and Aaron Whittemore, yeoman, both of Pembroke, as sureties, in the sum of £500, May 31, 1769, for the guardianship of Peter Whittemore, son of Aaron Whittemore; witnesses, Samuel Hale, Jr., Daniel Hart.]


[Guardianship of Benjamin Whittemore, minor, aged more than 14 years, granted to Joseph Baker May 31, 1769.]


[Probate Records, vol. 25, p. 413.]


[Bond of Joseph Baker, with Aaron Whittemore and Peter Coffin as sureties, in the sum of £500, May 31, 1769, for the guardianship of Benjamin Whittemore, son of Aaron Whitte- more; witnesses, Samuel Hale, Jr., Daniel Hart.]


[Decree of court, May 30, 1770, settling the real estate on Aaron Whittemore, oldest son, he to pay the other children their respective shares.]


[Additional account of the administratrix; receipts, £791. 16. 6; expenditures, £793. 10. 10; mentions Jeremiah Hall, husband of one of the children; allowed June 30, 1779.]


[Account of Peter Coffin of Boscawen as guardian; receipts, £322. 16. 10; expenditures, £48. 15. 1; allowed Sept. 29, 1779.]


[Warrant, April 19, 1770, authorizing Capt. Stephen Hosmer of Concord, Mass., Capt. Daniel Fletcher, John Cragin, and Lieut. - Faulkner, all of Acton, Mass., and Capt. Jonas Prescott of Westford, Mass., or any three of them, to appraise and divide the estate in Massachusetts of Rev. Aaron Whitte- more of Pembroke.]


[Middlesex Co., Mass., Probate Files.]


whereas we the Subscribers Being appointed by the Honour- able Samuel Danforth Esq' Judge of the Probate of wills &c for the County of Middlesex to apprize and Make Distribution of the Real Estate whereof the Reverand Mr Aaron whittemore


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Late of Pembrook in the Province of New Hamsphire Deceased Died Seized of in the Province of the Massachusetts Bay as by the annexed Commission may appear Did upon april the 21st 1770 Proceed to the aprizal of Three Tracts of Land Lying in the Town of acton in the County aforesaid which we did aprize in Lawfull Money of the Province of the Massachusetts Bay In Manner Following -


Impr - One Hundred and Twenty acres Lying on Both Sides of Littleton Road Being Number fifteen in the First Division To- gether with a freehold Right (So Called) Laid out adjoyning to the Said Number fifteen the whole Bounds as follows viz Begin- ing at a heap of Stones on the Southwesterly side of Littleton and runs from thence Southwest on Land of Samuel Fitch about one Hundred and fifty Rods to a heap of Stones from thence runing Easterly Some Bareing to the South about Sixty Six rods on Land of Ephraim Potter in part and Partly on Land of Jonas Potter to a heap of Stones from thence runing Easterly on Land of John Davis in part and partly on Land of Thomas Blanchard about one Hundred and Thirty one rods to a heap of Stones by Littleton Road then Crossing Said Road to a heap of Stones and from thence Runing South Easterly about Twenty one Rods on the Road aforesaid to a heap of Stones then Runing North East- erly about Seventeen rods on Third Division Land to a Black oak Tree Marked from thence runing a Little more Northerly on Third division Land about fourteen rods to a heap of Stones then runing a Little more Northerly; Still on Third division Lotts about forty Rods to a heap of Stones then runs North westerly on Third Division Land about one Hundred and Twenty Rods to a heap of Stones from thence runing westerly on Third Division in part (Crossing Littleton road) to a Large white oak Tree Marked from thence Runing Northwesterly on Little- ton Road about forty Nine rods to the Bound first Mentioned aprized at one Hundred and Two Pounds - 102-0-0


Item Forty Six acres and one Hundred and Twelve rods of up-


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land and Swamp Lying on Both Sides of Littleton Road and on Both Sides of Nashobah Brook it being a Quallyfication Lott for Number fifteen Last Described Bounds as follows viz Begining at a heap of Stones and Runs North Easterly on a Number of Third Division Lotts about one Hundred and Sixty Eight Rods to a heap of Stones from thence Runing South Easterly on a Second Division Lott about Twenty Rods to a heap of Stones from thence Runing South westerly on Land Belonging To Doct' Jonathan Davis about fifteen Rods to a heap of Stones from thence runing South Easterly on Said Doct" Davises Land about Thirty one rods to a heap of Stones from thence Runing South westerly on Land Belonging to Micah Davis about one Hundred and Twenty Seven rods to a heap of Stones from thence runing North westerly on Land Now in the Possession of Josiah Mans- feild (crossing Littleton Road and Nashobah Brook) to the Bound first Mentioned aprized at Sixty Six Pound Thirteen Shillings and Four Pence - 66-13-4


Item Nine Tenths of Number Seven a Third Division Lott being Fourteen acres and Three Quarters Bounded as follows Begining at a Stake and runs from thence Southerly on Number Eight a Third Division Lott about Sixty Six rods to a heap of Stones then runs Easterly on Land of Daniel Shepard to a heap of Stones from thence runing Northerly on Land of Said Daniel Shepard to a heap of Stones then runing Near the Same Poynt about Forty Two rods on Number Six Third division to a Stake then runing westerly Thirty Six rods on the Remainder of the Lott to the Bound first Mentioned aprized at five Pounds Eighteen Shillings - 5-18-0 Totall - 174-1I-4


which Estate appears to us to be Most to the advantage of the Children of the deceased to be Settled upon one and Cannot be divided without Prejudice to or Spoyling the whole; and we sett the Same to Aaron whittemore the deceaseds Eldest Son -


It appears to us there is yet More Land in acton Belonging to the Estate of the deceased Not yet So fully Known by Mr Aaron whittemore as to offer the Same for apprizal and if your Honour


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please to Send Back to us the Commission the remainder of the Lands May Be Made fully Ceartain


all which is Humbly Submitted by


Stephen Hosmer -


Daniel Fletcher Committee John Cragin jr


Children Aaron (Eldest) Benjamin Peter Esther Hall Ruth [Middlesex Co., Mass., Probate Files.]


[Decree, April 24, 1770, assigning the real estate to Aaron Whittemore, oldest son, and ordering him to pay his brothers and sisters £28. 5. 0 each.]


[Middlesex Co., Mass., Probate Files.]


[Bond of Aaron Whittemore of Pembroke, husbandman, with Jeremiah Hall of Concord, husbandman, and Joseph Barker of Acton, Mass., as sureties, in the sum of £200, April 24, 1770, for fulfilling the decree; witnesses, Joseph Lee and William Knee- land.]


[Middlesex Co., Mass., Probate Files.]


[Warrant, April 25, 1770, authorizing Capt. Stephen Hosmer of Concord, Mass., Capt. Daniel Fletcher and John Cragin, both of Acton, Mass., to appraise and divide further real estate in Massachusetts.]


[Middlesex Co., Mass., Probate Files.]


Pursuant to the Directions of the annexed Commission we the Subscribers Proceeded to aprize the Remaigning Part of the Real Estate Belonging to the Heirs of the Revd M' Aaron whittemore Late of Pembrook in the Province of Newhampshire viz the Severall Tracts of Lands hereafter Discribed all Lying and Being in the Town of acton in the County of Middlesex and Province of the Massachusetts Bay This Twenty fifth day of april A D: 1771 In Manner following


Item one Quarter part of Number Fifty Eight a Second Divi- sion Lott Said Quarter Contains Five acres and one Hundred and


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Twenty Eight rods at four Pounds and Twelve Shillings - £4 -12-0


Item one Tenth of Number Twenty Three a Third division Lott said Tenth Contains one acre and Eight rods at Eight Shillings - £o-8-0


Item one Tenth of a Quallyfication Lott to Said Number Twenty Three Said Tenth Contains Ninty Seven rods at four Shillings £o-4-0


Item one Tenth of Number Twenty Five a Second Division Lott Said Tenth Contains Three acres; at one Pound - £I-o-o


Item one Quarter of Number Six a Third Division Lott Said Quarter Contains four acres and Twenty Rods aprized at one Pound Eight Shillings- £1-8-0-7-12-0


Said Lotts are Bounded and Discribed as by the Records of the Proprietors May fully appear refferance thereunto being had which Lands we are of the oppinion will Disserve the Heirs to Divide the Same among them and therefore we sett off the whole to M' Aaron whittemore the Deceaseds Eldest Son - all which Is Humbly Submitted by


Stephen Hosmer Daniel Fletcher Committee


John Cragin jr


[Middlesex Co., Mass., Probate Files.]


[Decree, April 30, 1771, assigning the additional real estate to Aaron Whittemore.]


[Middlesex Co., Mass., Probate Files.]


[Bond of Aaron Whittemore, with Daniel Fletcher of Acton, Mass., gentleman, and Daniel Taylor of Concord, Mass., inn- holder, as sureties, in the sum of £30, April 30, 1771, for fulfilling the decree; witnesses, Aaron Haines and William Kneeland.]


[Middlesex Co., Mass., Probate Files.]


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EDWARD PENDEXTER 1768


PORTSMOUTH


In the Name of God Amen I Edward Pendexter of Portsmouth in the Province of New Hampshire, being antient & infirm, as also weak in Body * *


Item I Give & bequeath unto my Children Phillip & Edward Pendexter the sum of five Shillings each, and to the Children of my Son John Pendexter deceased the sum of five shilling and to the Children of my deceased Daughters Margerett Sowards & Mary Tibbets five shillings each which I will shall be in full of any share or Interest they may expect to have in my Estate -


Item All the Rest Residue & Remainder of my Estate both real & personal wheresoever the same may be or in whomsoever it shall be found, I give & bequeath unto my wellbeloved Wife Elizabeth Pendexter & her Heirs & Assigns forever -


Lastly I nominate, constitute & appoint my said well beloved Wife Elizabeth Pendexter sole Executrix of this my last Will & Testament, hereby declaring null & void all former Wills by me heretofore made and that this is my last will & Testament, In Witness whereof I have hereunto sett my Hand & Seal this Eighth day of April in the Eighth Year of his Majesty's Reign Annoque Domini 1768 -


his Edwd X Pendexter Mark


[Witnesses] John Wendell, Jacob Mills, Wm Gale. [Proved Aug. 22, 1768.]


JOHN HARROD CUMMINGS 1768 HUDSON


[Administration on the estate of John Harrod Cummings of Nottingham West, yeoman, granted to Benjamin Worcester of Groton, Mass., yeoman, April 8, 1768.]


[Probate Records, vol. 5, p. 231.]


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[Bond of Benjamin Worcester of Groton, Mass., yeoman, with Abraham Page, gentleman, and Henry Hale, yeoman, both of Nottingham West, as sureties, in the sum of £1ooo, April 8, 1768, for the administration of the estate; witnesses, Ezekiel Chase, Jonathan Hardy.]


[Inventory, Jan. 19, 1768; amount, £126. 9. II; signed by Abraham Page and Henry Hale.]


[Account of the administrator; receipts, £91. 19. II ; expendi- tures, £110. 17. 5; mentions "supporting three of the Deceaseds Children under seven years of age viz. Benjamin, Amos, & John"; allowed June 9, 1785.]


[Petition of John H. Cummings of Hebron, July 24, 1804, for liberty to sue the bond of the administrator of the estate of his father, John Harrod Cummings.]


BENJAMIN WHEELER, JR. 1768 SALEM


[Administration on the estate of Benjamin Wheeler, Jr., of Salem granted to his widow, Hannah Wheeler, April 18, 1768.] [Probate Records, vol. 25, p. 115.]


[Bond of Hannah Wheeler of Salem, widow, with Jonathan Wheeler, Jr., of Salem, yeoman, and Timothy Ladd of Atkinson as sureties, in the sum of £250, April 18, 1768, for the administra- tion of the estate; witnesses, Peter Green, John Prentice.]


[Warrant, Feb. 12, 1768, authorizing Richard Dow, yeoman, and Evan Jones, joiner, both of Salem, to appraise the estate.]


[Inventory, Feb. 19, 1768; amount, £209. 7. 2; signed by Richard Dow and Evan Jones.]


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ROBERT WILSON 1768


CHESTER


In the Name of God amen I Robert Wilson of Chester in the Province of Newhampshire Yeoman Being in a weeke and Pooer state of Helth of Body but yet of a Sound Disposing mind and memory Thanks be Given to God for the Same: This Twenty Second Day of April Anno Domini 1768


Imprimes I Give to Ann my well Beloved wife one full Third of all my Reall Estat for her to Improve as the Law Directs I also Give her all my Personell Estat for her to use Improve and Dis- pose of as She Sees Cause: Excepting what I Shall here in other ways give away and Perticulerly Dispose of : I give her the East End of my house for her to Improve from top to bottem During Life I also give her Two of my Cows and my horse She paying and Performing as I Shall hereafter Direct and order


Item I Give to my Daughter Ann Craige five pounds Lawfull money to be Paid to her within five years after my Deceass by my Executrex here after named: and this with what I Have here to fore given to her I account a Soficient portion for her out of my Estate -


Item I give to mary Karr my Daughter five pounds Lawfull money to be paid to her by my Executrex here after named within five years after my Deceass: and this with what I Have here to fore given to her I Judge to be a Soficient Portion for her out of my Estate -


Item I give to my Son John Wilson his heirs and assigns my Sixty acre Lot in Chester Laying in the fourth Division be it more or Less Laid out To the origenell Right of George Jaffery Esq': I also Give him all my Right in the Township of Bow Be the Same more or Less : I also give him my said son one full third part of all my Stock of Creturs Excepting what I Have before given to my wife I also give him one third part of all my utencells of Husbendery : and this with what I Have here to fore given to him I adjudge a Soficient portion for him out of my Estate -


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Item I give to my son Robert Wilson his heirs and assigns my half of that Eighty acre Lot in the third Division in the Town- ship of Chester that is Laid out to the origenell Right of be the Same more or Less I also give him one full third part of all my Stock of Creturs Excepting what I Have before given to my wife: I also give him one full third part of all my utencells of Husbendery: and this with what I Have heretofore given to him my said son I adjudge a Soficient portion for him out of my Estate -


Item I Give to my son William Wilson his heirs and assigns my forty acre Lot in the fourth Division in Chester that is Laid out to the Right of George Jafferey Esq' I also Give him all my Common and undivided Lands in Chester That is Yet to be Divided and Laid out to the origenell Right of George Jaffery Esqr be the Same more or Less I also give him one full third part of all my stock of Cretures Excepting what I Have here in before given To my wife I also give him one full third part of all my utencells of Husbendery and this with what I Have heretofore Given to him my said son I adjudge a Soficient portion for him out of my Estate -


And I Do appoynt Ann Wilson my well beloved wife before mentioned to be my Executorex to this my Last Will and Testa- ment - To See that it be fullfiled in Every Perticuler - She to Receive and Pay all Just Debts Due to and from my Estate : and all my Legacies which I Have here in given and ordered To be Paid : and my funurall Charges : Renowncing all other and former Wills and Bequests by me named whatsoever Ratifying and Confirming this and no other to be my Last will and Testament To all above written and here in Contained I Have hereunto Set my hand and affixed my Seal this Twenty Second Day of Appril Annoq Domini 1768 first above Written


Robert Wilson


[Witnesses] James Craford, Willem Powell Junar, Sam1 Emerson.


[Proved July 5, 1768.]




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