USA > New Hampshire > Probate records of the Province of New Hampshire Vol. 9 1767-1771 > Part 8
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6ly We Set of to Joseph Brown a single share containing four acres bounded first at the South East Corner a stake and stones which is the south west bounds of what Land we set of to Han- nah Brown then south west by the High way twenty three
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NEW HAMPSHIRE WILLS
Rods to a stake and stones then Norwest acrost the Lot about Twenty Eight Rods to a stake and stones then north East by Sam11 mefarsons Land twenty three Rods to a stake and stones then south East by the Land we set of to Hannah Brown to the first bound
7ly We Set of to mary Peabody a single share containing three acres and thirty Rods Bounded as foloweth first at the South East Corner a stake and stones Being the south west bound of the Land set of to Joseph Brown by the High way twenty four Rods to a stake and stones then norwest acrost the Lot twenty Eight Rods to a small Hemlock tree marked then north East by Sam11 mcfarsons Land to a stake and stones then South East by what Land we set of to Joseph Brown to the first bounds -
8ly We Set of to Elisebath Caldwell a single share containing four acres and a Half bounded first at the south East corner a stake and stones being the south west bound of what Land we set of to Mary Pebodey then south west by the High way Twenty Six Rods to a white pine tree marked then Norwest acrost said Lot about Twenty Eight Rods to a stake and stones then north East by Sam11 mcfarsons Land Twenty Six Rods to a small Hemlock tree marked then South East by the Land we set of to the said Mary Pebody to the Bound first mentioned -
gly We set of to Agnes mcKeen a single share containing five acres bounded as followeth first at the South East Corner a white pine tree marked Which is the south west bound of what Land we set of to Elisebath Caldwell then westerly by the High way to a stake and stones standing on Londondery Line then north East by Sam11 mcfarsons Land to a stake and stones being the norwest bound of what Land we set of to the said Elisabeth Caldwell and so by her Land south East to the first bounds men- tioned - And thus we make our Return this fifteenth Day of April Annodom. 1769
Sam11 Emerson Robt Clark John Akin
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NEW HAMPSHIRE WILLS
JOHN OBER
1768 SALEM
[Administration on the estate of John Ober of Salem granted to Mary Ober and Israel Ober Jan. 1, 1768.]
[Probate Records, vol. 25, p. 46.]
[Bond of Mary Ober, widow, and Israel Ober, cordwainer, with Seth Pattee and Peter Merrill, yeomen, as sureties, all of Salem, in the sum of £500, Jan. 1, 1768, for the administration of the estate; witnesses, Timothy Emerson, Joseph Merrill.]
[Inventory, attested Feb. 5, 1768; amount, £190. 3. 8; signed by Richard Cressy and Joseph Wright.]
[Account of Israel Ober, administrator; receipts, £184. 19. 4; expenditures, £162. 0. 2; allowed Dec. 26, 1770.]
[Additional account; receipts, £63. 0. 10; expenditures, £54. 17. 012; mentions allowance to the widow; allowed March 5, 1772.]
THOMAS COTTON 1768 PORTSMOUTH
In The Name of God Amen - This Second Day of Janu- ary Anno Domini Seventeen Hundred and Sixty Eight and in the Eighth Year of the Reign of George the Third King &c I Thomas Cotton of Portsmouth in the Province of New Hamp- shire Yeoman * *
Imprims I Give to my son Thomas Cotton five shillings Law- full money to be paid by my Executor within one year after my Decease
Item I Give to my son William Cotton Twenty shillings Law- full money to be paid within one year after my Decease by my Executor -
Item I Give to my son Addam Cotton five shillings Lawfull
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NEW HAMPSHIRE WILLS
Money to paid by my Executor within one year after my Decease -
Item I Give unto my three Grandchildren (the Children of my Daughter Comfort Wallis Deceasd) Viz Samuel Wallis, William Wallis and Spencer Wallis one fifth part of my land which peice of Land lies in Portsmouth aforesaid and Contains about sixty acres in the whole be the Same more or Less and is bounded Westerly on Land which I have sold to my son Nath11 Cotton, Northerly on Land of Joseph Edmunds Easterly on land of my son Nath11 Cotton Southerly on Land of John Norton the one fifth part of Said peice of Land to be equelly Divided between the said Samuel, William and Spencer -
Item I Give unto my Daughter Sarah Sevey one fifth part of the Sixty Acres of Land aforesaid more or Less -
Item I Give unto my Daughter Ruth Airs one fifth part of the Sixty Acres of Land aforesaid more or Less -
Item I Give unto my Daughter Elizabeth Shearborn one fifth part of the Sixty Acres of Land aforesaid more or Less -
Item I Give unto my Daughter Mary Taulton one fifth Part of the Sixty Acres of Land Aforesaid more or Less - All the aforesaid peice of Land I give as aforesaid to them their Heirs and Assigns forever provided they pay the Debts equelly between the said five parts which shall Apper to have been Con- tracted by me or my late wife Comfort Cotton before her Decease
Item All the rest of my Estate real or personal wheresover and whatsoever I give unto my son Nathaniel Cotton and unto his Heirs & Assigns Ordering him to pay all my Just Debts which have been contracted since the Death of my wife, and Funeral Charges -
Lastly I Do Appoint my said son Nath11 Cotton Sole Executor to this my last will & Testament
In Witness whereof I have hereunto set my Hand & Seal the Day Above
Thomas Cotton
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NEW HAMPSHIRE WILLS
her
[Witnesses] John fernalld, Mary X Furnald, Levi Dearborn. marke
[Proved Sept. 7, 1770.]
[Inventory, Sept. 29, 1770; amount, £80. 17. 0; signed by Thomas Dublin and John Robinson.]
[Account of the executor; receipts, £5. 17. o. personal estate; expenditures, £17. 8. 0; allowed Nov. 1, 1771.]
[Additional account; receipts, £75. o. o; expenditures, £16. 14. 6; allowed Jan. 15, 1772.]
[Settlement of claims against the estate; amount of claims, £70. 3. 8; amount distributed, £58. 5. 6; allowed Jan. 17, 1772.]
DAVID BARKER 1768 BOSCAWEN
[Administration on the estate of David Barker of Contoocook granted to James McHard.]
[Probate Records, vol. 25, p. 62.]
[Bond of James McHard of Haverhill, Mass., with James Dwyer, innholder, and Michael Purcell, mariner, both of Ports- mouth, as sureties, in the sum of £500, Jan. 13, 1768, for the administration of the estate; witnesses, Joseph Moulton, Robert Parks.]
THOMAS DEAN 1768 EXETER
In The Name of God amen This Sixth Day of January Anno Domini 1768 I Thomas Dean of Exeter in the Province of Newhampshire Esqr being but Week of bodey * * *
first I Give unto my beloved Wife Mary and to her Disposel
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NEW HAMPSHIRE WILLS
for ever my Horse & Riding Chair and my Gound & shirts and allso I give unto my Said Wife During her naturall Life or So long as She Remains my Widdow the use & Improvement of the Westerly End of my Dwelling House wear I now Live viz the four frunt Room and Shoop and my bead Room with the Cham- bers over the same with the Celler under said bead Room with a Priveledge of Going to the same with the one halfe of all my Garden & that halfe adjoyning to mr James Hacketts with a Priveledge in my Well, and allso I Give unto my Said Wife Dur- ing said teirm the use and Improvement of the full one Halfe Part of all my Housel Stufe and one Cow & which she shall Chuse & That to be Cept Sumer & winter on my Whome Steed as I shall order the Same and allso I Give unto my said Wife During the Teirm above mentioned and to be Paid & Deliverd yearly & in Season During Said Turm one hunderd Waight of Good Pork & one Hunderd Waight of Good beafe & Eight bushels of Inden Corn & Two bushels of Ry and four Cord of Good fier wood Cut fit for her fier & haled to her Door all these articules to be Paid & Delivered yearly During Said Teirm by my Executor here after mentioned in this my Last will & allso I Give unto my Said Wife a Priveledge for her Selfe in my Pew in the new meting House in Exeter During Said Teirm all The above articquel to be Purformed as above mentioned with a Proviseon my Said Wife yealding up her Right of Dower & Power of Thirds in and unto all my Real Estate
And furthermore I Give unto my Said Wife and to her Dis Posel for Ever Thirty Pounds and to be Paid to her by my Exec- uter here after mentioned in Such Species (at Cash Price) as my said wife Shall Chuse & to Be Paid in a Convent time after my Decease
Itim I Give unto my Son John Dean and to his heirs and assings for Ever The Westerly End of my Dwelling House in Exeter and to Contain the full of all the old End (so Caled) with the full one Halfe Part of my Lot adjoyning to said House and to be the Westerly halfe Part of said Lands he my Said John to
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NEW HAMPSHIRE WILLS
Come into Porsission Thereof at my wife Decease or marage allso I Give unto my Said Son John five Pounds and to be Paid in Speices by my Executor here after mentioned in This my Last will in one year after my Decease
Itim I Give unto my Daughter Jane Gilman & to her heirs &c Twenty Shilings Lawfull money & to be Paid in species in one year after my Decease by my Executer hereafter mentioned in this my Last will and allso I Give unto my Said Daughter Jane the full one Halfe of all my housel stufe within Dores Excepting what I have Given to my wife During her naturall Life or Re- maing my Widdow and allso the one halfe of that at her Decease or marraige.
Itim I Give unto my Daughter Deborah Emerson & to her heirs &c Twenty Shilings Lawfull money & to be Paid in species in one year after my Decease by my Executor hereafter men- tioned in this my Last will & allso I Give unto my Said Daughter Deborah the full one halfe Part of my housel stufe within Dores Excepting what I have given to my wife During her naturall Life or Remaining my widdow & allso the one halfe of That at her Decase or marrage
Itim I Give unto my Two Grandsons John White & Samuell Gilman White Children of my Daughter Elisabeth White De- ceased teen Shilings Lawfull money Equally to be Devided be- tween them & to be Paid by my Executor mentioned in this my Last will when they arive at The age of Twenty one years & my will is that if Either of my Said Grand sons should Die before they arive to the before mentioned age That the Surviving Child to Recive the whole
Itim I Give unto my Two Sons viz John Dean & Benjamin Woodbridge Dean Their Heirs & assings Equaley to be Devided between them my Pue in the new meating House in Exeter They to Come into Porsession at my Decease Excepting the Priviledge Given to my wife and That at her Decease or marrage and allso I Give to my Said Sons all my Wearing apparil Excepting what I Gave to my wife in this my Last Will
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NEW HAMPSHIRE WILLS
Itim I Give unto my Son Benjamin Woodbridge Dean his heirs & assings for Ever all The Remainder of my Estate not all Readey Desposed off in this my Last Will & Testement viz all The Easterly End of my Dwelling House Where I now Live in Exeter with the one Halfe of The Celler under the whole with the full one halfe of The Lands adjoyning to Said House with the barn Standing on the Same and allso I Give to my Said Son Benja Woodª Dean his heirs &c one other Peice of Land Lying in Exeter Caled my Whome Steed Where I used to Live Containing about Seventy acres be the Same more or Less with the barn Standing on the Same The Said Land is bounded as followes Westerly on the way which Goes from the Countrey Road to Land belonging to John Philips Esqr northerly & South Easterly on Land of Capt James Leavits and Dudley Leavitts & South & South Westerly on Land of the Said John Philips & I Give to my Said Son all my stock of Catel of all Sorts with all my Uten- sels for Husbandrey my Said Son to Com into Porsission thereof at my Decese he my Son Benja Woode Dean Paying all my Just Debts furnall Charges Legesies &c and Providing & Delivering to my Wife in Season all the Purticquales mentioned in this my Last Will
Lastly I Do hereby Constitute & appoint my Son Benja Wood- bridge Dean to be Soul Executor
Thomas Deane
[Witnesses] James Thurstin, Benj& Boardman, Theo: Smith. [Proved Oct. 26, 1768.]
[Warrant, Oct. 26, 1768, authorizing Theophilus Smith and James Leavitt, gentleman, both of Exeter, to appraise the estate.]
[Inventory, Nov. 10, 1768; amount, £392. 0. 0; signed by The- ophilus Smith and James Leavitt.]
Province of To the Honble John Wentworth Esqr New Hampshire Judge of the Probate of Wills &c for Said Province
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NEW HAMPSHIRE WILLS
The Humble Petition of John Gilman jun' of Exeter in the Province aforesaid Esq' Shews
That Thomas Dean late of Exeter aforesaid Physician De- ceased By his Last will & Testament among other things Devised to his Son John Dean & to his Heirs and assigns the Westerly End of his Dwelling House in Exeter to Contain the full of all the old End with the full one half part of his Lot adjoining to Said House & to be the Westerly half part of Said Lands the said John to Come into Possession of the Same at the Decease of the Testators wife or upon her marriage which has since happened -
That the said John Died before the Testator whereby the Devise to him became Void & was in the Nature of a Lapsed Legacy & tho' the Devise mentions his Heirs yet his Heirs can- not take because an Heir as Such cannot take anything but what was his ancestor's before he Died & so must Descend from him but John the son coud not take by the Devise because he was not in being when the Will took Effect viz at the Death of the Testator and therefore the Estate proposed to be given to him was never his but Descends to the Heirs of the Testator -
That By another Clause in Said Will the Testator Devises to his son Benja Woodbridge Dean his heirs & assigns the Re- mainder the Easterly End of his said Dwelling house with half the Cellar with half the Lands Adjoining to said House the barn &c which Premises Your Petitioner has Purchased of the said Benja Woodbridge Dean & wants to have a Division & Severance thereof from the other half first mentioned to hold to him in Severalty - Wherefore your Petition' Humbly Prays that five Sufficient freeholders not Related nor Interested may be ap- pointed to Set off & Sever the Interest of your Petition' whether in the right of his wife or otherways from the Rest of the premises (Pursuant to the Law of Said Province in Such Cases Provided) to hold to him in Severalty as by Law he has a Right and he shall as in duty bound ever Pray &c -
John Gilman Jr
[Order of court, Aug. 31, 1769, that the petition be served
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NEW HAMPSHIRE WILLS
upon the heirs of Thomas Dean, "being as it is Said the Petitionrs wife Deborah the wife of Emerson the Children of Eliza One of the Daughters of said Thomas Deceasd and the Children of the said John Dean Deceased and the said Benjamin Woodbridge Dean." Order of court, Sept. 27, 1769, that a warrant issue to Nathaniel Folsom, Nicholas Gilman, gentleman, John Giddings, merchant, John Rice, and Noah Emery to make the division.]
[Bond of Ward Clark Dean of Exeter, hatter, with Josiah Gil- man and Trueworthy Gilman as sureties, in the sum of £100, Nov. 4, 1769, to pay to the other heirs their shares of the lapsed legacy to John Dean, they being John Gilman, Jr., in the right of his wife, Jane Gilman, Samuel Emerson in the right of his wife, Deborah Emerson, Benjamin Woodbridge Dean, and the chil- dren of Elizabeth White, deceased, wife of John White; wit- nesses, Nathaniel Batchelder, Judith Gilman.]
Province of Pursuant to a Warrant From the Honble
New Hampshire John Wentworth Esqr Judge of the Probate of Wills &ca for Said Province, Appointing us the Subscribers, A Committee to Divide among the Heirs & Legal Representatives of Thomas Deane late of Exeter in Said Province Physician De- ceased That part of his Real Estate of which he Died Seized, which was not Disposed of by his Last Will & Testament, Par- ticularly a Lapsed Legacy given to his Son John Deane, or any other part not Divided by Said Will, as the Law of Said Province Directing the Division of Real Estates Directs, If the Same is Capable of being Divided without Prejudice to, or Spoiling of the whole - And to set forth Each Share by Metes & Bounds to Hold to the Several Parties in Severalty - But if we Judge it Cannot be So Divided, Then to make an Impartial Appraisement thereof According to the Present Value thereof In order to the Settlement thereof upon one of the Heirs Who is Willing to take the Same at Such Appraisment, & to pay the rest their Respec-
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NEW HAMPSHIRE WILLS
tive Proportion thereof Accordingly at Such time as the Judge of Probate Shall Limit &ca.
We having met & Considered the Premisses Do Agree & make our return as Follows viz We Consider that the Said Lapsed Legacy is not by the Will Severed by metes & bounds from the Legacy given in the Same Will to Benjamin Woodbridge Dean & Since Conveyed to Major John Gilman - Therefore We have Severed & Set off the Said Lapsed Legacy by the following Metes & Bounds viz. Beginning at the North Easterly Corner of James Hackett's house lott at a Stake by the highway at one foot & an half Distance from the North Westerly Corner of the Old part of the Mansion house (which is part of the Said Lapsed Legacy) and on a Strait line with the front of Said house, And from Said Stake to run South Forty Degrees West one hundred & fifty four feet by Said Hacketts land to a great Rock in the Edge of the River, Thence South Fifty Seven Degrees East thirty feet, Thence North Forty two Degrees West Ninety five feet to a Stake Standing about One foot Distant Northwesterly from a Plumb tree Standing near the Well, And from thence to run North Twelve Degrees West acros the Centre of the Well Twenty Six feet to a Stake standing in a strait line with the South- westerly End of the bedroom belonging to the old part of Said house and at Six foot Distance from the South Easterly corner of said Bedroom, and from that Stake to run a Parralell line with the Easterly Side of Said Bedroom at Six feet Distance therefrom Fourteen feet to the old house, then by the Said old house five feet to the New part of Said house, and then through the Said house between the Said old part & the Said New part to the highway, and then by the Said highway about Thirty one feet and one half to the bounds first begun at - Within which bounds We Adjudge to be Contained all the old part of Said House & the one half of the Land Adjoyning being the Said Lapsed Legacy - And all the New part of Said house & all the residue & remainder of the Said Land & the barn Standing
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NEW HAMPSHIRE WILLS
thereon We Adjudge to belong to the Said John Gilman in the right of the Said Benjamin Woodbridge Deane. - And whereas by the Said Will the one half of the Cellar under the said old part of Said House was given to the Said Benjamin Woodbridge Deane, We have Severed & Set off to the Said John Gilman in the right of the Said Benjamin Woodbridge Deane for his half part of Said Cellar as Follows vizt to begin at the North Easterly Corner of the Cellar and to run Westerly as the Wall is Fifteen Feet and then to Extend Southerly Carrying that width to the opposite Wall of said Cellar - And all the rest & remainder of Said Cellar we Adjudge to belong to the Said Lapsed Legacy.
And We do Adjudge that the Said Lapsed Legacy before De- scribed cannot be Divided among the Heirs without Prejudice to or Spoiling of the whole, We therefore Appraise the Same at the Sum of Fifty Seven pounds & Ten shillings Lawful money. Witness our hands at Exeter this First day of November Anno Domini 1769.
NathIl Folsom Noah Emery John Rice Nich& Gilman
A Plan of the Premises Mentioned in the foregoing return hereto Annexed being the Late Mansion house & Home place of Thomas Deane Esq" Deceas'd Taken Nov' Ist 1769 -
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NEW HAMPSHIRE WILLS
the Great Fresh River
3.STE. 30 feet stest
Sam" Odlin's Land
Maj" John Gilman's Purchased of
7. 42 W 95 feet to a Stake
The Lapsed Legacy
Barn
20 feet
24 feet
n.12W 26
fe
19 feet
14 feet
16 feet
6 ft sft'
28 feet
20 feet ...
34 feet
30 feet
Stake at
: 16 feet
Hacket's Corner
7. 63 W
7277 W
Highway
S. 40° W. 154 feet
James Hacketts Land
Bery " Woodbridge Deane
S. 54°IV 188 feet
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NEW HAMPSHIRE WILLS
DANIEL PHILBRICK I768 RYE
[Warrant, Jan. 16, 1768, authorizing Samuel Jenness and Jeremiah Locke, both of Rye, to appraise the estate of Daniel Philbrick of Rye, yeoman, administration of which is granted to his widow, Abigail Philbrick, and Reuben Philbrick.]
[Inventory, March 16, 1768; amount, £421. I. 0; signed by Samuel Jenness and Jeremiah Locke.]
State of New Hampshire Rockingham ss November 21th 1780
Agreabile to an order to us the Subscriber Derected from the Judge of the Probate of wills for the County of Rockingham to Set of to Abigail Davison her Dower of thirds to the Estate of her Late Husband Daniel Philbrick Late of Rye Deceased we have Set of her thirds as Followeth
Viz her Part of the House the west fore Room and the Cham- ber over Said Room with one third of the Garrat and one halfe of the Grate Celer with Liberty to Bake in the Kiching oven for one year from this Date with Liberty to pase the fore door
also her Part of the Barn the west end the weadth of Said Barn to the third Posts with Libberty to go throw the Barn yard to Said Barn & to thrash her Grain on the flower in the other end of Said Barn this year
also her Part of the Orchard at the west End Begining at a Stake Drove in the Ground on the North Side of Said orchard with a Strate Line to the Northeast Cornner of the House Con- taning above 24 apple trees with the Gardon at the west End of the house
also her Part of the Mooing Land in the Medder So Called Lying by Land of m' Nathanel Jenness begening at South End of Said Medder or Mooing land Even with the Line of Rubening Philbricks Land & Runing Elven Rods in weadth by Said Nathanel Jennes Land fifty Rods with a Rod Rode from the Northeast Corner the Nearst Place to the High way
also her Part of the Wood Land in Hampton Division Lying
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NEW HAMPSHIRE WILLS
at the North End of the wood Land So Caled twenty five Rods in weadth & Runing on the west Side by Land of Nathanel Jennes, thirty Eight Rods to a pine tree Marked and on the East Side by Land of Rubening Philbrick forty four Rods to a pine tree Marked 34 Rods a Crost
also her Part of the Planting Land being two acres & fifety two Rods in the old feld So Caled at the South west End to two Staks on Each Side for the Bounds
also her Part of the Parster Land begining at the Corner of the Ston Worle by the High way & Runing by Land of John Jenness forty three Rods then Runing twenty Six Rord to a pile of Stons Near the orchard then by Said orchard twenty feet Back Side of the Barn to the high way thirty Six Rods then twenty Six Rods to the firs Mentined Bounds
also her Part of the medder or marsh by the Salt works So Caled all that Part on the South Side of the trunck
Richª Jenness Jn'
James Knowles
Peter Garland
Henry Elkins Nathaniel Jennes
Committee
[Account of Reuben Philbrick, William Davidson, and his wife, Abigail Davidson, administrators; receipts, £97. 14. 0; ex- penditures, £78. 13. I; allowed Feb. 15, 1786.]
MARTHA CHAPMAN 1768 GREENLAND
[Administration on the estate of Martha Chapman of Green- land, single woman, granted to Samuel Chapman.]
[Probate Records, vol. 25, p. 62.]
[Bond of Samuel Chapman, yeoman, with Josiah Haines, yeoman, and Ichabod Weeks, physician, as sureties, all of Green-
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NEW HAMPSHIRE WILLS
land, in the sum of £500, Jan. 19, 1768, for the administration of the estate; witnesses, Robert Parks, William Parker.]
[Inventory, April 21, 1768; amount, £47. 13. 9; signed by John Haines and John Pickering.]
JEREMIAH WHEELWRIGHT 1768 PORTSMOUTH
In the Name of God Amen I Jeremiah Wheelwright of Ports- mouth in the Province of New Hampshire, Cooper, being of sound mind and good memory, Apprehending my time and stay in this world but short, by reason of my Bodily weaknesses and Infirmitys
Item, I give and bequeath unto Doctor Hall Jackson in trust, and to the sole use, and for the Benifit of my Daughter Mary Cram my negro man Nero, and my negro woman Jane.
Item, I give and bequeath unto my Grand son Jeremiah Wheelwright his Heirs and assigns all my Lands in the Township of Phillips Town (so calld) in the county of York in the Province of the Massachusetts Bay, All the rest and residue of my Estate real and Personal whatsoever, to be equaly divided to, and be- tween my three Children Jeremiah Wheelwright, John Wheel- wright and my aforsaid Daughter Mary Cram I do give and bequeath and to their Heirs and assigns for ever - And I do hereby make, constitute, and appoint Mr John Nelson of Portsmº & Capt Joseph Paterson to be my whole and full Executors to this my last will and Testament and I do hereby revoke, disannul and make void all former Wills and Testaments by me heretofore made either by word of mouth or by writing In witness whereof I the said Jeremiah Wheelwright to this my last will and Testament have set my hand and Seal this twenty fourth Day of January in the year of our Lord one thousand seven hundred and Sixty eight -
Jer : Wheelwright
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NEW HAMPSHIRE WILLS
[Witness] Clemt Jackson, Mary Sanderson, Samuel Drown. [Proved Feb. 23, 1768.]
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