Probate records of the Province of New Hampshire Vol. 9 1767-1771, Part 26

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[Inventory of real estate, attested April 24, 1770; amount,


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£74. 19. 0; signed by Samuel Barr and James McGregore; an- other of personal estate, attested May 9, 1770; amount, £66. 14. 4; signed by James McGregore and John McKeen.]


ABRAHAM SANBORN 1770 HAMPTON


[Administration on the estate of Abraham Sanborn of Hamp- ton, husbandman, granted to Christopher Toppan Jan. 26, 1770.] [Probate Records, vol. 26, p. 257.]


[Bond of Christopher Toppan of Hampton, with Jonathan Moulton of Hampton and John Webster of Chester as sureties, in the sum of £500, Jan. 26, 1770, for the administration of the estate; witnesses, John Sherburne, Thomas Westbrook Waldron.]


[Inventory, attested April 2, 1770; amount, £19. 3. 10; signed by Amos Coffin and Joshua James.]


STEPHEN PARSONS 1770 PORTSMOUTH


[Administration on the estate of Stephen Parsons of Ports- mouth granted to Martha Parsons, widow, Jan. 26, 1770.]


[Probate Records, vol. 26, p. 257.]


[Bond of Martha Parsons, with Joshua Brackett and Peter Pearse as sureties, all of Portsmouth, in the sum of £500, Jan. 26, 1770, for the administration of the estate of Stephen Parsons, mariner; witnesses, William Stilson, William Parker.]


[Inventory, Jan. 29, 1770; amount, £3. 4. 6; signed by A. R. Cutter and Ebenezer Deering.]


[List of claims against the estate, Aug., 1770; amount, £39. II. II 74 ; signed by Joshua Brackett and Peter Pearse.]


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[Account of the administratrix ; receipts, £2. 8. 0; expenditures, £2. 10. 0; allowed Aug. 29, 1770.]


AARON TIBBETTS 1770 ROCHESTER


In the Name of God Amen the Thirtthe Day of January in the year of our Lord 1770: I Aaron Tebets of Rochester in the Province of New Hampshirer in New England yeoman being very Sick & weak in Body


Imprimis I Give & bequeth to my beloved wife the improve- ment of one Third of my whole Real Estate During her naturerell Life -


Item I Give & bequeth to my Son Stephen Tebets one fifth Part of my whol Real Estate & Persnal Estate after all my Just Debts is paid


Item I Give & bequeth to my Son David Tebets one fifth Part of my whole Real Estate & Persnael Estate after all my Just Debet is paid


Item I Give & bequeth to my Son aaron Tebets one fifth part of my whole Real Estate & Persnael Estate after all my Just Debets is paid


Item I Give & bequeth to my Son moses Tebets one fifth part of my whole Real Estate & Persnael Estate after all my Just Debets is paid


Item I Give & bequeth to my Son Jonathan Tebtes one fifth part of my whole Real Estate & Persneael Estate after all my Just Debts is paid :


Item I Do hereby Constitute make & ordain my two Sons viz moses Tebtes & Jonathan Tebtes my Soul Executors


his


aaron X Tebets


Mark


[Witnesses] Joseph Tebbets, John Trickey, william allin. [Proved Feb. 28, 1770.]


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[Warrant, Feb. 28, 1770, authorizing John Wentworth of Somersworth and Ichabod Kenney of Dover to appraise the estate.]


[Inventory, signed by John Wentworth and Ichabod Kenny; amount, £428. 4. 0; attested May 22, 1770.]


[Probate Records, vol. 26, p. 445.]


EDWARD SMALL I770 DURHAM


[Administration on the estate of Edward Small of Durham granted to Samuel Pitman, yeoman, Jan. 31, 1770.]


[Probate Records, vol. 26, p. 255.]


[Bond of Samuel Pitman, with Ebenezer Thompson and Jonathan Chesley, yeoman, as sureties, all of Durham, in the sum of £500, Jan. 31, 1770, for the administration of the estate; witnesses, James Stoodley, Samuel Hale, Jr.]


[Inventory, July 15, 1770; amount, £229. 10. 9; signed by Jeremiah Burnham and Ebenezer Thompson.]


Province of New Hampshire Rockingham ss


Pursuant to a Warrant from the Honble John Wentworth Esq" Judge of the Probate of Wills &c for the County aforesaid ap- pointing us the Subscribers a Committee to divide the Real Estate of Edward Small late of Durham Yeoman Deceased who died Intestate we have done it in manner following viz


To Hannah Small Widow and Relict of Said Intestate we have set off one third part of his said real Estate being part of the said Intestates Homestead Beginning at Land Purchased by John Burnum Hanson of Joseph Small adjoining Land set off by these Presents to Sarah Pitman wife of Samuel Pitman one of the Daughters of said Intestate thence Westerly by said Sarah's land about one Hundred rods to Land of George Chesley thence Northerly by said Chesleys land Thirty four rods to Land set off by these Presents to Mary Small one of the Daughters of said


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Intestate thence by that Easterly about one hundred and ten rods to the aforesd Hansons Land and then by that Southerly Twenty Two rods to the place where it began also the Northerly half of the New House or Easterly frame on said premises with one third of the Cellar and one third of the Barn.


To Sarah Pitman wife of Samuel Pitman Daughter of said Intestate one third part of said Estate as follows viz Beginning at the Aforesaid Hansons Land adjoining Land sold by Joseph Small to Jeremiah Burnum thence Westerly by said Burnums Land about one Hundred rods to Land of Francis Mathes and then Northerly by said Mathes Land and Land of George Ches- ley Forty Seven rods thence Easterly about one Hundred rods to the aforesaid Hansons Line and by that Twenty three rods to Burnums Land where we began also the old or Westerly House on the premises one third of the Cellar and one third of the Barn with Liberty to Lay wood by said House pass repass &c.


To Mary Small Daughter of Said Intestate one third of said Estate as follows viz Beginning at the aforesaid Hansons Line by land sat off by these Presents to the Widow thence Northerly by said Hansons line Twenty four rods to Oyster River (so called) thence up by said River Northwesterly until it Comes to a small Brook the Boundary of Land Claim'd by Benjamin Small thence up by said Brook Southwesterly until it comes to the Aforesaid George Chesleys Land thence by that Southerly sixteen rods to Land sat off to the Widow thence by that on a streight line to Hansons land where it began also the southerly half of the New or Easterly house one third of the Cellar and one third of the Barn allowing Each of the owners of Said Houses & Land Lib- erty to Lay Necessary firewood & by the House, pass & repass through Each others Land respectively as much as is necessary for their convenience in Improving the same


Witness our hands at Durham the 23d of November 1771


Ebenezer Thompson Samuel medar Winborn Adams


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JOSIAH SHAW


I770


HAMPTON


In The Name of God Amen This first Day of February 1770 I Josiah Shaw of Hampton in the Province of New Hampshire Yeoman being appresensive of my approaching Dissolution And as touching my worldly Goods & Estate where- with it hath pleased God to Bless me I Do hereby Despose of in the following manner & Do hereby Constitute & appoint Ber- sheba Shaw my well Beloved wife & my Brother Jonathan Shaw Executors to this my Last will & Testament


Item I Give to my well beloved wife the Improvement of all my Estate Real & personal So long as till my Son Josiah shall arive to the age of twenty one years Except what is hereinafter otherwise Desposed of and provided my Said Son Josiah Should Decease Leaving no Heirs Lawfully Begotten of his Body then my Said wife to have the Improvement of my Estate as above mentioned During her natural life & if my Said Son Josiah Should live to have a lawfull Heir then my Said wife to have the Improvement of one third of all my Said Estate Dureing her life


Item I Give to my Daughter Elline Shaw one hundred pounds Lawfull money to be paid her out of my Estate at the age of Eighteen by my said Executors


Item I Give to Noah marsh Son of Henry marsh of Exeter fifty acres of Land Lieing in Chichester Provided he Continues to live with & faithfully Serve my wife above named till he Shall be twenty one years of age


Item All the Residue of my Estate Real & personal I Give to my Son Josiah Shaw to him & his Hiers & assigns forever


Item Provided my Son & Daughter above named both Die Leaving no Heir Lawfully Begotten of their bodys in that Case I Give to Jerediah Robbinson of Brintwood all my Lands lieing in Said Brintwood & all the Residue of my Said Estate which I have not otherwise Desposed of I Give to my Cousin Josiah Shaw son of my Brother Jonathan Shaw to them & their Heirs


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and assigns forever from & after the Decease of my wife above Named


Josiah Shaw


[Witnesses] John Taylor Jun, John Fogg, Henry Dearborn Taylor.


[Proved March 28, 1770.]


[Warrant, March 28, 1770, authorizing John Fogg and Simon Sherburne, both of Hampton, yeomen, to appraise the estate.]


[Inventory, attested June 27, 1770; amount, £577. 9. 6; not signed.]


SARAH PHILLIPS 1770 EXETER


[Warrant, Feb. 2, 1770, authorizing Nathaniel Folsom, John Giddings, Daniel Tilton, Thomas Odiorne, merchants, all of Exeter, and Hubartus Neal of Newmarket, gentleman, to divide the real estate of Mrs. Sarah Phillips and Tabitha Gilman.]


We the Subscribers being appointed by the Honble John Wentworth Esq. Judge of the Probate of Wills &c for the Prov- ince of New Hampshire to divide all the Real Estate that was owned by Mrs Sarah Phillips and her Daughter Tabitha Gilman Consort of Samuel Gilman Jun Esq' as Tenants in common, which derived to them by the Death of Nathaniel Gilman Son of the late Nath1 Gilman of Exeter Esq. deceas'd, One Half of said Estate to Samuel Gilman Jun' Esq' to hold as Tenant by the Curtesy during his Life, The other Half of said Estate to the Heirs of Mrs Sarah Phillips deccas'd; in pursuance thereof we have made a division & partition of said Estate in manner following Vizt -


To Samuel Gilman jun Esq. to hold as Tenant by the Curtesy during his Life we have allowed & set off as his share in said Estate One Half of the Mansion House of the said Nath' Gilman


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viz the westerly end of said House and part of the Garden bounded as follows begining at the easterly corner of Doct" Josiah Gilman's Land from thence to run north Thirty eight Degrees East four Rods and nine Tenths to the middle of the Gate from thence north fifty six degrees West to the middle of the Door, and a straight Line thro' the middle of the House, from thence a straight Line thro' the middle of the Well, to the northerly part thereof, from thence South Thirty two degrees West to Doct" Josiah Gilman's Land, from thence South sixty six degrees East, binding on said Land to the Bounds first men- tion'd; with a priviledge of passing up and down the Chamber & Garret Stairs; reserving for the Owners of the easterly end of said House the priviledge of passing up & down the Chamber Garret & Cellars Stairs. Also nine Acres and three fourths of Land on the eastermost side of the Great River which Land said Nath1 Gilman Esq. bought of John Saintclair - Also Two Thirds of a Pew in the Old Meeting House being the Pew that belonged to Nath1 Gilman Esq. Also One eighth part of the Great Mill (so called) with the mill Priviledge and Stream, all which premises are in Exeter - And One fourth part of Copy-hold Saw Mill with the priviledge of the Stream &c in Brintwood - And One Sixth part of Clement Moody's common Right of Land in Exeter, which Jeremy Brown & his Wife sold & convey'd to Nathaniel Gilman Esqr.


To the Heirs of the said Sarah Phillips we have allow'd and set off as their Share in said Estate all the remaining part of said Mansion House with the remaining part of said Garden and the Barn - Also fifty three Acres of Land on the south side of the great fresh River which was given to the said Nath1 Gilman Esq. by his Father Nicholas Gilman Esq. deceas'd - Also a Wharfe and Ware House nearly opposte to said Mansion House and Garden - And one Third of a Pew in the old meeting House in Exeter which belonged to Nath1 Gilman Esq' -


And whereas we the Subscribers are likewise appointed by the Honble John Wentworth Esq. Judge of the Probate of Wills &c


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to divide the foregoing premises (that we have set off to the Heirs of Sarah Phillips) together with all the remainder of the Real Estate said Sarah Phillips died seiz'd of, in equal shares to and amongst the Grand Children of the said Sarah Phillips, allowing to the Eldest Grand Son a double share, to them to hold re- spectively in severalty; in pursuance thereof we have made Division and partition of said Estate in manner following Viz -


To Phillips Gilman, Eldest Grand son of the said Sarah Phil- lips deceas'd we have allow'd and set off as his two shares in said Estate, The Easterly End of the Mansion House of Nathaniel Gilman Esq. deceas'd, with the Barn, and part of the Garden, bounded as follows Viz begining at the middle of the Front Door of said House, and from thence a straight Line thro' the middle of the House and a straight Line through the middle of the Well to the northerly part thereof, from thence South thirty two degrees West to Doct" Josiah Gilman's Land, from thence north sixty six degrees West to John Phillips Esqrs Land, from thence North twenty five degrees East Six Rods and one half to the Road, from thence South Seventy two degrees East by the said Road to the Corner of the Wall, from thence South Thirty eight degrees west three Rods to the middle of the Gate, from thence North fifty six degrees West to the middle of the Front Door, with the priviledge of passing up and down the Chamber, Garret and Cellar Stairs; reserving for the Owner of the westerly End of said House the Priviledge of passing up & down the Chamber & Garret Stairs. Also about twenty five Acres of Land being the westerly part of Grass Swamp Meadow (so Called) bounded as follows Viz begining at a Hemlock Tree near the great fresh River and from thence to Run South Ten degrees West by Capt Nich& Gilman's Land, Ninety eight Rods to Capt James Leavit's Land, and from thence to run South Eighty Six & one Half degrees East by said Leavit's Land forty Rods to a Stake, from thence North Ten degrees East to a Willow by the said River, and binding on said River to the Bounds first mention'd; reserving for the Owner of the Easterly


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part of this Meadow (which Nicholas Gilman Esq. gave to his Son Nath1 Gilman Esq.) the Priviledge of passing and repassing from the End of the large Point to said easterly part of the Meadow - Also Two Thirds of the one Half of the Original Right of Mary Somersby in the Township of Nottingham, except the Home Lott which two Thirds was convey'd to Nath1 Gilman Esq. by Moses Norris by Deed dated May 9th 1737. Also about Twenty Acres of Land in Epping at petuckaway Plains be the same more or less which Land Joseph Leavitt sold and convey'd to Nath1 Gilman Esq. by Deed dated May 8th 1732. And also forty nine acres of Land in the Northwesterly end of a certain Grant of Land (Common called) Folsom's Meadow Grant in Exeter to begin at the Northwest Corner bounds of said Grant, from thence to run East by North, One Hundred and seventy Rods, to the East side of said Grant, thence to extend South & by East the whole breadth of the Grant Forty six Rods and one Quarter, which will compleat the forty nine Acres, with the Priviledge of a Way on the wester- most side of the Grant to lead to the Road that goes to the Black Rocks.


To Sarah Gilman the wife of Josiah Gilman and Grand Daughter to the said Sarah Phillips, we have allow'd and set off as her share in said Estate, Fifty Five Acres of Land in the sev- enth Range of Lotts in Exeter begining at Number Thirty seven and ending at Number Forty two, and is that Lot of Land John Scribner jun' Sold and convey'd to Nath1 Gilman Esqr deceas'd by Deed dated December 19th 1734. And Twenty eight acres of Land in Folsom's Meadow (so called) adjoining to that part we have set off to Phillips Gilman, begining at the south west corner of Phillips Gilman's Share, and from thence to run east & by North One Hundred & seventy Rods to the East side of said Grant, from thence to extend South & by East the whole breadth of the Grant Twenty six and One half Rods which will compleat the Twenty eight Acres with the priviledge


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of a Way on the westermost side of the Grant, to lead to the Road that goes to the Black Rocks.


To Nathaniel Gilman Grandson of the said Sarah Phillips, we have allowed and sett off as his share in said Estate a Wharfe and Ware House thereon in Exeter, which Nicholas Gilman Esq. gave to his Son Nath1 Gilman Esqr - Also Seventy three and one Half Square Rods of Land in Exeter which Land Jonathan Gilman sold to Nath' Gilman Esq' and is in the Common Field adjoining Capt Jonathan Gilman's Land by his dwelling House - Also One Third part of a Pew in the Old Meeting House in Exeter, and is the Third Wall Pew on the Right Hand as we enter the front Doors - Also Forty four Acres and one half of Land in Folsom's Meadow (so called) adjoining to that part we sett off to Sarah Gilman, begining at the South west corner of her part from thence to run East and by North One Hundred and seventy Rods to the East side of said Grant, thence to extend South and by East the whole breadth of the Grant Forty two Rods which will compleat the forty four Acres and one half, with the Priv- iledge of a Way on the westermost side of the Grant to pass to the Road that leads to the black Rocks. Also Two Lotts of Land in the Township of Nottingham each containing Thirty Acres (Viz) the first Thirty Acres of Land, belonging to the Original Right of Joseph Maylem and is in Lott Number Twenty Nine in Winter Street and is to be taken off of that end of said Lott Number 29 that lays next to Summer Street in the second division of Lands in said Town. The other Thirty Acres to be taken out of, and be a part of the Third division of Lands which Two Thirty Acre Lotts Samuel Land convey'd to Nath1 Gilman Esq" by Deed dated Jan'y 18, 1732/3 - Also One half part of that common Right that was Allotted to Jonathan Young for his common Right in Exeter Commons lying in the sixteenth Range and begins at number forty eight and ends at Nº fifty three in said Range said Half part containing about Thirty four Acres and is the northerly part of said Common Right.


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To Rebecca Gilman Grand Daughter of the said Sarah Phillips we have allowed & Set off to her as her share in said Estate An Original Proprietors Share of Lands & priviledges in the Township of Chichester which Samuel Thing Esq. Convey'd to Nathaniel Gilman Esq. by Deed dated Septem' 4th 1732. Also one Third part of a One Hundred and eighty Acre Lott in Not- tingham in Range Number Ten Lott Number Thirteen, which Lot was laid out to Job Giddinge - Also Forty six Acres of Land in Folsom's Meadow (so called) adjoining to that part of said Meadow we have set off to Nath1 Gilman, begining at the south west corner of his part from thence to run East & by North One Hundred and seventy Rods to the East side of said Grant, from thence to extend South and by East the whole breadth of said Grant Forty four Rods which will compleat the said forty six Acres, reserving the priviledge of a Way on the westermost side of the Grant to pass to Phillips Gilman's part of said Grant - And also a piece of Grass Swamp Meadow containing Twenty seven Acres bounded as follows, begining at a Willow by the South side of the great fresh River and is the Northeasterly corner Bounds of that part of said Meadow we have set off to Phillips Gilman, from thence runing South Ten degrees West One Hundred and four Rods by Phillips's part to Capt James Leavitt's Land thence South Eighty six and one half degrees East to Grass Swamp Brook thence binding on said brook and on said River to the Bounds first mention'd, and about half an Acre of said meadow that lays on the Easterly side of said Grass Swamp Brook adjoining to Land belonging to John Hopkinson.


To Samuel Gilman Grand Son of the said Sarah Phillips, we have allowed and Set off to him as his share in said Estate, The whole of the Original Right of Lands in the Township of Gilman Town which was granted to Nehemiah Gilman, who convey'd it to Nath1 Gilman Esq. July 17th 1738. Also Forty Nine Acres of Land in Folsoms Meadow so Called Adjoining to that part of said Meadow we have set off to Rebecca for her part, begining at the south west corner thereof, from thence to Run East and by


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North, One Hundred and seventy Rods to the east side of the Grant, thence to extend South and by East the whole breadth of said Grant forty six Rods and one Quarter which will Compleat the Forty Nine Acres. Also One Third part of a Lot of Land in Nottingham in Winter Street Lott Number forty, likewise One Third part of another Lot in said Nottingham in Cross Street Range Number One, Lott Nº Two, both which Lots were laid out to the Right of Job Giddinge and convey'd to Nath' Gilman Esq. by Forgus Smith by Deed Sept 13th 1731. And also the Southerly Half part of Jonathan Young's Common Right in Exeter Commons lying in the sixteenth Range begining at Number forty eight and Ends at Number fifty three in said Range, said Half part contains about Thirty four Acres of Land.


All which divisions are made according to the best of our Judgment this Twenty fifth Day of April 1770.


Hubartus Neal Nath" Folsom Daniel Tilton


[Probate Records, vol. 5, p. 292.]


[See estate of Nathaniel Gilman of Exeter, 1741.]


JOSEPH JUDKINS 1770 NEWMARKET


In the Name of God Amen the Twenty second Day of Febru- ary Anno Domini One thousand siven hundred and seventy I Jo- seph Judkins of New Market in the Province of New Hampshire in New England Yeoman being Weak & Sick in Body


Imprimis. I give and bequeath to Sarah Judkins my beloved Wife, my Mear, one yoak of oxen, my Hogs and Provision of all kinds, and all my Flax wool, yarn, & Chests, Two Cows, to- geather with all those things of every kind that she brought with her to Me when & after I had married her and belonged to her before marriage, and also a Compleat suit of mourning Attire all to be to her sole right and use forever, over above & exclusive


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of all her right of Dower and Power of thirds of in or unto my Estate, which She might, or ought by Law to have had in Case this my last will & Testament had not have been made I also give & bequeath unto my said Wife all my Houshold Furniture not otherways herein bequeathed, and so much of my Mansion House at the Southwesterly End thereof as shall with her wright of Dowry or Thirds fully Contain one half thereof during her natural Life in this world -


Item I Give and bequeath unto my loving Cousen James Folsom of Newmarket aforesaid yeoman the use and Improv- ment of all my other Real Estate from and after my decease, for and during my said Wifes Term in the Premises -


Item I give and bequeath unto the said James Folsom and his Heirs and Assigns Forty Acres of Land togeather with all the Buildings thereon Situate in Newmarket aforesaid being Part of my Homsted Estate and is bounded as Follows vizt begining on Wadleighs Road (so Called) at Land in possession of Benja- min Chapman, thence bounding on said Chapmans Land to the high way leading to Piscasick Mill so Called, thence bounding on the said high way to land in Possession of William Skrig- gens, thence on a Direct Line to Wadleighs Road aforesaid such a Course as that being from thence bounded on said Road to the Bounds first mentioned shall fully and Compleatly Contain the said Forty Acres: with all the Priviledges thereto belonging; to- geather with one half of my Land in Newmarket aforesaid which I bought of the heirs of Deacon John Folsom deceased, all to be to him the said James Folsom his Heirs and Assigns from & after the decease of my said Wife forever, I also bequeath unto the said James, one Yoak of oxen, and my best great Coat -


Item I give and bequeath unto Joseph Judkins son of my late Brother Joel Judkins, that Half Lot of Land in Nottingham which was formaly Possessed by James Bryent, to be to him his Heirs and Assigns from and after the Decease of my said wife forever -


Item I Give & bequeath unto Hannah Gordon that now lives


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with me Five Pounds Lawful Money and one good Feather Bed within one year after my decease


Item I Give and bequeath unto my Daughter in Law Molley Foss Forty Shillings Lawful Money to be paid her by my Execu- tors within one year after my Decease -


Item I Give & bequeath unto my son in Law Jacob Foss my best Wig -


Item I Give & bequeath unto Joseph Garmon of Newmarkett aforesaid Labourer Two Pounds Ten Shillings Lawful Money to be Paid him by my Executors within one year after my De- cease -


Item I Give and bequeath unto my Sister Katharine Quinby Ten Pounds Lawful Money to be Paid her within one Year after my Decease -


Item I Give & bequeath unto the Church of our Lord Jesus Christ in Newmarket, whereof my Antient, Cordial & Faithful Friend the revd Mr John Moody is now Pastor, a Handsom Silver Communion Cup at the Discresion of my Executors in Con- venient Time after my decease -




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