0397527
probate' records
OF THE
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Province of New Hampshire
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VOL. 1
1635--1717
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State Papers Series
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ALBERT STILLMAN BATCHELLOR ^ S i Editor of State Papers "^ TJ §
OTIS GRANT HAMMOND g
EZRA SCOLLAY STEARNS Assistants
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CONCORD, N. H. \ ^-~
'^UNCORD, N. H. I ^^ ^Q
RUMFORD PRINTING CO. \ CA^^-^<^
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DATE MICROFICHED
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PROJECT and FICHE #
G.S. CALL#
^775"
Joint Resolution relating to the preservation and publication of portions of the early state and provincial records and other state papers of Nevr Hampshire.
Resolved by the Senate and House of Representatives in General Court convened:
That His Excellency the Governor be hereby authorized and empowered, with the advice and consent of the Council, to employ some suitable person — and fix his compensation, to be paid out of any money in the treasury not other-svise appropriated — to collect, arrange, transcribe, and superintend the publication of such portions of the early state and provincial records and other state pajiers of New Hampsliire as the Governor may deem proper ; and that eight hundred copies of each volume of the same be printed bj' the state printer, and distributed as fol- lows : namely, one copy to each city and town in the state, one copy to such of the public libraries in the state as the Governor may designate, fifty copies to the New Hampshire Historical Society, and the remainder placed in the custody of the state librarian, who is hereby authorized to exchange the same for similar publications by other states.
Approved August 4, 1881.
Albert S. Batchellor, Editor of State Papers:
You are hereby authorized to arrange, transcribe, and superintend the publi- cation of such abstracts of the early records of wills and probates of persons and estates relating to the provincial period of New Hampshire as are available, the material being so prepared as to avoid the transcription and publication of merely formal and immaterial parts of documents, and arranged in a chrono- logical order, beginning with the earliest accessible papers and records.
You will also cause such explanatory notes, citations, tables of contents, and indexes as you may deem useful to be prepared and made a part of this work.
This I deem proper to be done, and these directions are given in accordance with the authority vested in me as Governor by the provisions of the joint reso- lution relating to the preservation and publication of portions of the state and provincial records and other state papers of New Hampshire approved August 4, 1881.
Given under my hand at Concord this 2nd day of January, 1897.
Charles A. Busiel, Governor.
PREFACE
It is common knowledge that until 1771 the province of New Hampshire had not been divided into counties. By the act passed April 29, 1769 (Laws, 1771 ed., p. 204), the original five counties of Rockingham, Strafford, Hillsborough, Cheshire, and Grafton were created. The county act took effect March 19, 177 1. Rock- ingham, Hillsborough, and Cheshire were organized thereby, but the organization of Strafford and Grafton was not to take place un- til such time as the Governor and Council might deem it advisable. Meanwhile all civil affairs of the territory assigned to these two counties were administered by the officers of Rockingham county. This status was terminated in 1773, when Gov. John Wentworth caused Strafford and Grafton to be organized. All the probate records of the province that had been preserved from the colonial period continued in the custody of the probate office at Portsmouth. With all the other records and archives of the province they were removed to Exeter July 4 and 6, 1775, for greater safety, in accord- ance with a vote of the Provincial Congress passed June 28, 1775, and there remained, until by the act of March 11, 1897 (Laws of 1897, p. 47), and the act of March 10, 1899 (Laws of 1899, P* 299), they were removed to Concord and placed in the official cus- tody of the Secretary of State. The great importance of the pro- bate files and records has been recognized more clearly, and the demand for measures rendering them available for public examina- tion has become more manifest and emphatic in recent years. It was in response to these influences that the records were restored to the state archives, where they might be arranged, indexed, and otherwise opened by some practical method to a reasonable state of access and utility. Inasmuch as prior to 1771 the exercise of those governmental functions which are ordinarily regarded and treated
Vi PREFACE
as county affairs was by officers of the central government, and over the entire province, it is unquestionable that the official records of affairs appertaining to that administration should now be regarded and treated as state archives.
The General Court was slow in giving practical effect to the true view of the subject, and the documents remained for a period of one hundred and twenty-five years in the custody of one of the five original counties. Under the act of March lo, 1899 (Laws of 1899, P- 299). and the act of March 21, 1901 (Laws of 1901, p. 645), these documents are being subjected to such methods of in- dexing and arrangement as will, in time, make an end of those conditions which have rendered their contents practically inacces- sible. It has been deemed advisable to present the probate records in printed form, constituting a series of volumes in the State Papers series.
The assembling of material for the present volume, the making of copies and abstracts, and the arrangement and indexing have been committed entirely to the editor's assistants, Mr. Otis G. Hammond, and Mr. Ezra S. Stearns. The search for material for the work has extended far beyond the state archives. Between the period of 1623, the date of the first settlement of the colony at Little Harbor, and 1641, when the first union of Massachusetts Bay and New Hampshire was consummated, no material for the work has been recovered except Capt. John Mason's will, and it is probable that none was recorded. , Careful investigation has been extended to the records of the neighboring counties of Maine and Massachusetts, to the records and files of England, and to other collections of ancient documents in which it might be ex- pected that anything relating to wills and probates in New Hamp- shire might be discovered. This method has been pursued with the utmost industry and discrimination that was practicable in such an undertaking for the entire period covered by the documents presented in this volume.
The probate records which have come into the custody of the state are in conformity with the requirements and proceedings of
PREFACE Vll
a court such as was established from 1693 to 1775. These records are all in our archives, except the scattering estates of New Hampshire people that were extracted from the registries of old Norfolk, Essex, Suffolk, and Middlesex counties in Massa- chusetts, and York county in Maine. A few wills were probated and estates settled in all these counties, without apparent reason except that of personal convenience. Some of the wills in Suf- folk county records are those of mariners who sailed from Boston and did not return. Their wills, made and left in Boston before sailing, were probated there. The same may be true of some in old Norfolk and Essex records, which are located in Salem, Mass.
Every document in the book, so far as possible, is taken from the original in the files now in the office of the Secretary of State. In such cases no citation to the original is made, as the present ar- rangement of these papers is not considered permanent. But in all cases where, in default of the original, the recorded copy has been used, or where the document has been derived from a source outside the state, or from a source within the state but out- side the official files of originals, citations have been carefully made.
All wills are printed in full, with the exception, only, of that part of the preamble which states no material fact. Such omissions are indicated by stars, thus, * * *. Each will is fol- lowed in chronological order by abstracts of all formal documents relating to the settlement of the estate, and by complete copies of such documents as could not wisely, or without injury to the nar- rative of facts therein, be reduced. All abstracts will be found enclosed in brackets, and it has been the effort of the editors that in the process of reduction only formal or legal verbiage should be eliminated, and all matters of record which would be of interest or value to the lawyer, the historian, or the genealogist retained. It has not been deemed wise to publish inventories in detail.
This volume, in which the material is represented in its chrono- logical order from the beginning, necessarily covers several periods
VIU PREFACE
in which the results are unsatisfactory on account of the loss and dispersion of the records, if records were made, and at other peri- ods for the reason that in all probability no records were made or files preserved. The succeeding volumes which are in contempla- tion will present the records and documents of that part of the colo- nial period between 1718 and 1771. As the material presented 'in the first volume will have special value on account of its antiquity, that which is to follow will be attractive and useful on account of its unbroken continuity and approximate completeness.
ALBERT S. BATCHELLOR,
Editor of State Papers.
HISTORICAL NOTE
From 1623 to 1641 there was no organization of any colonial government in New Hampshire, although John Mason, the landed proprietor, had authority by his patent purporting to empower him to erect a government. The proprietor died in 1635. If he organ- ized any colonial, provincial, or proprietary government under his patent, no records of it have survived. It is altogether probable that nothing of the kind occurred. Indeed, at a later period it was declared that the powers of government contained in Mason's patent and others contemporary with it were invalid in respect to the grant of powers of government. The reason assigned for this decision was that, while the Council of Plymouth had powers of government in the territory of its New England jurisdiction, it was not competent to delegate those powers. (See opinion of the Chief Justices, i N. H. Prov. Papers, 336 ; i N. H. Prov. Laws, Introduction, xxviii.)
From 1635 to 1641 the Masonian interests languished, largely because there was no efficient or disinterested representative of them in the colony. Two independent local governments had de- veloped in the Pascataqua region, the lower one, Strawberry Bank, being what might be termed the Portsmouth group of settlements, and the upper one, constituted of what were afterwards known as the Northam or Dover plantations. Exeter followed as an inde- pendent plantation in 1638, while Hampton was planted by Massa- chusetts as one of its own townships in 1635, on territory over which it claimed jurisdiction. (See notes on the independent town gov- ernments established at Portsmouth and Dover, and their constitu- tions, I N. H. Prov. Laws, 744.)
As one of the results of the union of Massachusetts Bay and New Hampshire, begun in the fall of 1641 by the entrance into it
X HISTORICAL NOTE
of that part of New Hampshire represented by the two Pascataqua towns and the Pascataqua proprietors, and consummated as to the entire territory of New Hampshire by the accession of the Exeter colony in 1643, one system of laws, subject to the reservations ia behalf of New Hampshire embodied in the articles of union (i N. H. Prov. Laws, xxx), became operative over the towns and people of the entire territory of Massachusetts Bay and New Hampshire. The theor}' that there was no uniform system of laws or usages governing the transmission of property by will, and the orderly descent and distribution of estates of deceased persons, in the New Hampshire settlements in the first period (that be- tween 1623 and 1 64 1 being taken tentatively as the first period) is supported by a recital of the previous conditions, which is given as a preamble to a certain act relating to the settlement of estates in the laws of Massachusetts Bay (Col. Laws of Mass., 1660 ed., reprint, p. 200), which, omitting archaic forms and expressions is as follows : — "Whereas it is found by experience that some men, dying, having made their wills for the disposing^ of their estates, that the said wills are concealed and not proved and recorded ; and some others dying intestate, no administration is sought for nor granted in any legal way, and yet the wives, children, kindred, or some friends of the deceased, or some others, do enter upon the lands and possess themselves of the goods of the said deceased, and the same are many times sold or wasted before the creditors to whom the deceased was indebted know of whom ta demand, or how to recover their just debts ; for prevention of such unjust and fraudulent dealings." A remedial act follows this pre- amble. The declaration was made at a point of time so early in the period of the union that presumably it is descriptive of what was the subject of general knowledge in a considerable part, if not all, of the previous history of this jurisdiction. It may also be regarded as a partial explanation of the paucity of probate records in the first colonial period. The act which follows the preamble above quoted bears date not later than 1649, only eight years sub-
HISTORICAL NOTE XI
sequent to the beginning of the union of the two colonies, and only six years after the accession of Exeter, which completed the extension of the union over New Hampshire in its entirety. The body of the act is as follows :
" It is ordered by this court and the authority thereof that if any executor nominated in any will, and knowing thereof, shall not, at the next court of the county which shall be above thirty days after the decease of the party, make probate of any will of any deceased party, or shall not cause the same to be recorded by the recorder or clerk of that county court where the deceased party last dwelt, or if any person whatsoever shall not within the same time take administration of all such goods as he hath or shall enter upon of any party deceased, or if any person or persons shall alienate or embezzle any lands or goods before they have proved and recorded the will of the deceased, or taken administration and brought in a true inventory of all the known lands, goods, and debts of the de- ceased, every such person so administering or executing shall be liable to be sued, and shall be bound to pay all such debts, respect- ively, as the deceased party owed, whether the estate of the deceased were sufficient for the same or not, and shall also forfeit to the coun- try so many sums of five pounds as shall be months betwixt the next court of that county, after the death of the party as aforesaid, and the proving of such will and recording it, or the taking of such administration. And if any person shall renounce his executor- ship, or that none of the friends or kindred of the deceased party that shall die intestate shall seek for administration of such per- son's estate, then the clerk of the writs of such town where any such person shall die shall, within one month after his decease^ give notice to the court of that county to which "such town doth belong of such renouncing of executorship or not seeking of ad- ministration, that so the court may take such order therein as they shall think meet, who shall also allow such clerk due recompense for his pains, and if any such clerk shall fail herein, he shall for- feit forty shillings to the treasury for every month's default. (1649.)
Xii HISTORICAL NOTE
♦♦2. And because many merchants, seamen, and other strangers resorting hither oftentimes dying and leaving their estates undis- posed ot", and very difficult to be preserved in the interim from one county court to another, it is therefore ordered that it shall and may be lawful for any two magistrates, with the recorder or clerk of the county court, meeting together, to allow of any will of any deceased party to the executors or other persons in the will men- tioned, so as the will be testified on the oath of two or more wit- nesses, and also to grant administration to the estate of any person ■dying intestate within the said county to the next of kin, or to such as shall be able to secure the same for the next of kin, and the recorder or clerk of court shall inform the rest of the magistrates of the county at the next count}' court of such will proved or administration granted, and shall record the same. (1652.)
'* 3. And it is ordered that, when the husband or parents die in- testate, the county court of that jurisdiction where the party had his last residence shall have power to assign to the widow such a part of his estate as they shall judge just and equal, as also to divide and assign to the children or other heirs their several parts and portions out of the said estate ; provided the eldest son shall have a double portion, and where there are no sons the daughters shall inherit as co-partners, unless the court, upon just cause alleged, 5hall otherwise determine." (1641-49.)
The Body of Liberties of 1641 was adopted in December, and subsequent to the union of Massachusetts Bay and New Hamp- shire. Article 11 of that body of laws is as follows : " All per- sons which are of the age of 21 years and of right understanding and memories, whether excommunicate or condemned, shall have power and liberty to make their wills and testaments and other lawful alienations of their lands and estates." Art. 79, 81, 82. Col. Laws of Mass., 1660 ed., reprint, p. 51 ; i N. H. Prov. Laws, 753, 761.
These are among the important landmarks in the establishment of a new system of probate law in the united colonies of Massa- chusetts Bay and New Hampshire. The more important features
HISTORICAL NOTE XUI
of the development of this law are presented in the contemporary publications and compilations of 1660 and 1672. (Col. Laws Mass. Bay, 1672 ed., reprint, i, 157 ; 1660 ed., reprint, 119, 200.) New Hampshire became a part of Norfolk county. In the period of the union, therefore, the probate records were made and kept at the shire town or towns, as they were designated. Governor Washburn, in his Judicial History of Massachusetts, p. 32, says, *'They (county courts) had also probate jurisdiction, and as such proved wills, granted administration, and the like. Appeals in such cases lying from their decisions to the court of assistants. (White's Prob. 9.) This exercise of probate jurisdiction contin- ued as long as the old charter was in force. The clerks of the courts were, ex officio, recorders, and in the intervals of the court the recorder and two of the magistrates were authorized to grant letters of administration and probate of wills. (lb.)"
It appears by the same authority (p. 30) that " It (court of as- sistants) had also appellate jurisdiction in matters of probate which had been determined in the county courts." The territory separ- ated from this union by the decree of Charles II, contained in the Cutt commission of 1679. was subject to no other system of colonial law in the period beginning 1641 and ending in Oct., 1682, than the laws which were known and published in the Laws of Massachusetts Bay, with the exception or modification of the organic law promulgated in the Cutt commission, and the local law commonly known as the Cutt code. It is significant on the ques- tion of the continuing validity and operative force in New Hamp- shire of the laws of the two colonies as united under one govern- ment in the period above mentioned that article 14 of the Cutt laws provided that " For directions to the courts, judges, and all other officers it is ordered that those laws by which we have formerly been directed and governed shall be a rule to us in all judicial proceedings, so far as they will suit with our constitutions and be not repugnant to the laws of England, until such acts and ordi- nances as have been or shall be made by this assembly and
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XIV HISTORICAL NOTE
approved by the honorable President and Council may be drawn up and legally published." (i N. H. Prov. Laws, 28.)
No provisions were enacted in the Cutt laws relative to wills and probates, or the descent, settlement, and distribution of estates of deceased persons. It must be presumed, therefore, that the laws, usages, and forms which related to these affairs in the time of the union remained unchanged, at least to the time of the inaugura- tion of the Cranfield government in Oct., 1682. In the commis- sion of Charles II to President Cutt, after the part constituting the President and Council a court with a very ample jurisdiction, the following appears in the text, " So always that the forms of pro- ceeding in such cases and the judgment thereupon to be given be as consonant and agreeable to the laws and statutes of this our realm of England as the present state and condition of our subjects in- habiting within the limits aforesaid, and the circumstances of the place, will admit." (i N. H. Prov. Laws, 4.)
The temper of the people of New Hampshire at this time towards such directions as those here emanating from the crown may best be inferred from a declaration in the copy of the Cutt laws which was retained in the province, the clause to be quoted not appearing in the copy that was sent home. It appears in the preamble of the laws, and is as follows, "It is therefore ordered and enacted by this General Assembly and the authority thereof that no act, imposition, law, or ordinance be made or imposed upon us but such as shall be made by the said Assembly and approved by the President and Council from time to time." (i N. H. Prov. Papers, 382.) If there were any doubt as to the determination of the con- troling majority and the government of the province of New Hampshire to adhere to the colonial laws of the time of the union, modified only by their own voluntary enactments, in preference to the laws of England, wherever one might conflict with the other, such a doubt would seem to be dissipated by the testimony of Rich- ard Chamberlain, for a time secretary of the province, in a letter to Mr. Blaithwaite, secretary to the Lords Committee of Trade and Plantations, of date May 14, 1681. Mr. Chamberlain
HISTORICAL NOTE XV
says : V I first took exception to the whole system (Cutt laws) in general being collected mostly out of the Massachusetts laws, and surely it could not well stand with the mind and pleasure of His Majesty that we here should cast off obedience to their (the Mas- sachusetts) jurisdiction and yet voluntarily submit to and yoke ourselves so inseparably to their laws." (i N. H. Prov. Laws, 785.) The 1679 commission to John Cutt and his Council for the government of New Hampshire in terms constituted the President and Council the supreme court, with a very comprehensive juris- diction. They evidently construed their powers to include the ad- ministration of the probate law. It appears by the records that the President and Council transacted the probate business, the councilors sometimes acting individually. Such business seems to have been disposed of in court also in 1681. The records and files for this period, however, are meagre. Under the conditions then existing, and the attitude of the representatives of the people towards the laws at the time of the union, it would be expected that probate procedure and probate decrees would be found con- formed to that system.
The termination of the first union occurred in the winter of 1679-80. Reasons have already been adduced indicating very conclusively that no change was desired or attempted in the pro- bate law in the period under the commission of President Cutt. It is hardly open to question that, with regard to probate law, usages, and forms "The former laws we [they] were ruled by [were] to stand till others [were] made." (Cutt laws, art. 14.) It does not appear that any other enactment was made under his government affecting the previously existing system of probate law.
The next period is that included in the administration under the commission to Lieut. -Gov. Edward Cranfield which subsisted be- tween Oct. 4, 1682, and May 25, 1686. The Cranfield commission in terms abrogated the Cutt commission. The Cranfield instruc- tions, by article 26, in terms repealed the Cutt laws. It is not known that this document in its complete form has ever been in the New Hampshire archives since 1684. The one that appears to have taken
Xvi HISTORICAL NOTE
its place at that time was very much abbreviated, as it contained only six articles besides the preamble, while the full text, it now appears, contains thirty-nine articles and a preamble. The draft which was probably put on file about 1684 in the province records- omits article 26, by which the Cutt laws were repealed by the- King's edict. The copy containing the full text has not been printed on this side of the Atlantic. The abbreviated copy of 1694 is the one that has appeared in the state publications, and has been subject to reference in the archives. The full text was dis- covered and procured from the English archives in April, 1906, by this department. (Note to the case of Hutchinson v. Man- chester Street Railway, 73 N. H., 279.)
The Cranfield commission authorized the Lieutenant-Governor to constitute courts and appoint judges. Under this authority there is evidence that Cranfield established a court of probate, and that, he, and after him, Barefoote, assumed the office of ordinary, with. Chamberlain, the province secretary, as register of the court.
An attempt was made in the winter of 1682-3 to construct a body of local statute law for the province, but there was a rupture be- tween the Lieutenant-Governor and the assembly when the under- taking had proceeded to the 26th article. He was not able to- obtain the attendance of the assembly for legislation after this time, except on one occasion, at the special instance of the King for the enactment of one bill especially desired by the home government. (i N. H. Prov. Laws, 48, 807.) In the fragment of a body of statute law, the construction of which appears to have been begun in the first year of the Cranfield administration, there is no refer- ence to the probate law. The Lieutenant-Governor, after his rupture with the assembly, avowed his purpose to govern the prov- ince by the laws of England. The history of his administration, however, shows that all his attempts to govern them failed, and that his administration was broken down by the antagonism of the people, by his own incompetency, by his personal interest in the Masonian claim, by his alienation of the support of Randolph, and by the want of confidence towards him which developed in the
HISTORICAL NOTE XVll
home government. His attempt to resort to the laws of England, and to impose them upon the province as embodying the rules by which they were to be governed, if practicable in any degree with a competent and discreet administrator, was out of the question with this executive. (Farmer's Belknap's Hist, of N. H., chap. 8. F. B. Sanborn, Hist, of N. H., chap. 4. Memoir and cor- respondence of Edmund Randolph, edited by Robert Noxon Toppan, passim.)
It was in the time of this administration that the first charter of the Massachusetts Bay colony was vacated on scire facias in the court of chancery in England. It was formerly the opinion of the Massachusetts courts that the annulment of the charter wrought a repeal of the laws enacted under it. (Storerz;. Freeman, 6 Mass., 438.) This opinion seems to have been adopted by Judge Bellows in the case of Clement v. Burns, 43 N. H., 619.
The current of later opinion is very strongly against this theory. (See article by Prof. E. N. Washburn on the effect of the vacation of the charter upon the laws enacted under it, 13 Mass. Hist. Soc. Proceed., 451 ; argument of the Attorney-General of New Hamp- shire in the case of Percy Summer Club z'. Astles before the U. S. Circuit Court for the District of New Hampshire, pp. 80, 95, 156; Commonwealth v. Alger, 7 Cush., 76; reporter's note, 9 Gray, 17 ; (>(> N. H., 25.) There is, on the whole, little basis for the supposition that either in Massachusetts Bay or in New Hamp- shire the preference of the people for their own laws relating to the descent and distribution of property and the making and ad- ministration of wills had been removed or affected to any consid- erable extent by the abrogation of the charter, the validity of which was denied here and disputed in Parliament, and by what tran- spired in New Hampshire in the Cranfield regime, which had been almost farcical in the attempted exercise of governmental powers, and from every point of view obnoxious to the great majority of the people.
The next period in the constitutional history of the province is. ii
Xviii HISTORICAL NOTE
covered by the Dudley-Andros administrations under the commis- sion of King James II constituting the Dominion of New England. The powers of government conferred by the commissions and in- structions, first by the preliminary commission to Joseph Dudley and Council, and second in the more elaborate commissions and instructions to Sir Edmund Andros, resulted for the time being in a radical change in the structure of the colonial organizations in New England. This involved the discontinuance of separate province and colonial governments in Massachusetts, Plymouth, New Hampshire, and several other colonies. In the Judicial His- torj' of Massachusetts Professor Washburn says, (p. 86) " The president [Dudley] took upon himself the probate jurisdiction as Supreme Ordinary, but to save the trouble of'parties attending at Boston he appointed judges of probate and clerks in the remote counties to act in his stead." Continuing in the same volume, the author says, (p. 95) " He [Andros] assumed to be the Supreme Or- dinary, and though it became extremely oppressive for all persons having any business of this kind to come to Boston, as by his orders they were compelled to do, and although the fees to be paid by the parties were greatly increased, yet it ought to be acknowledged that he did much to introduce a regular system of forms in the proceed- ings in probate courts, which before that had been loose and uncertain. He personally attended to the administration of estates exceeding fifty pounds, and the ordinary fee for the probate of a will was fifty shillings." Several orders relating to probate aflfairs were passed in the brief time of the administration of President Dudley and his Council, occupying only six months, between May and December, 1686. These are reproduced in i N. H. Prov. Laws, 92, I i\2, passim, particularly 105, 124, 125.
In the time of the Andros administration, which commenced Dec. 20, 1686, and was terminated by a popular uprising April 18, 1689, the subject of probate affairs was taken up in a formal act of date June i, 1687, entitled " An Act for probate of wills and granting letters of administration." The full text appears in i N. H. Prov. Laws, 206.
HISTORICAL NOTE XIX
The people of Massachusetts have been very generally disposed to regard the Dudley-Andros administration of 1686-89 as a usur- pation. The Bay colony, immediately upon the downfall of the An- dros government, resumed the government which was in existence at the time of the inauguration of the Dudley administration in May, 1686. The laws by which they had formerly been governed were revived by an express act. This, of course, included the laws relating to wills and probates, (i N. H. Prov. Laws, 294. See Smith's reports, 503.) The deposition of Andros left New Hampshire without a colonial government. The people were un- able to unite upon a government for themselves. Government was relegated to the town organizations. This status continued during a period of about ten months. A union was effected between the towns and people of New Hampshire and those of Massachusetts Bay. This is commonly described as the second union. The exact status of probate jurisdiction in New Hampshire at this time is somewhat problematical, (i N. H. Prov. Laws, 259-399.)
The period of the second union extended from Feb., 1690, to the time when this relation was terminated by new commissions for a province government in New Hampshire and a new charter for Massachusetts. The probate jurisdiction had reverted in the time of this second union to the counties. Its exercise, according to the records now accessible, was in pursuance of the same rules, methods, and forms as had prevailed in the time of the first union. This statement, of course, applies to New Hampshire as well as to Massachusetts Bay. The promptitude and facility with which both colonies readapted themselves at this time to the laws which they had established, and which were in conformity to their own polity, are significant as to the deep root which the jurisprudence of the time of the first union had taken in the statute law and in legal usages. The first colonial period for both New Hampshire and Massachusetts Bay was concluded at this time by the interpo- sition of a new charter in the one, and under a new commission permanently re-establishing a province for the other. The enact- ment of colonial statute law was resumed, with results which had
XX HISTORICAL NOTE
the effect on the whole rather to rehabilitate and confirm the ancient local statute law than to supersede it by important or extensive in- novations. (See Oliver's Puritan Comm., 78, 79,80; Adams's Emancipation of Mass., 197; arg. of Att'y-Gen. cited sufra, 26 and 46.) It might be expected that probate jurisdiction would be provided for by the erection of a court performing its functions without very much variability from 1692-1775. Allen's commis- sion and instructions, as Usher claimed, invested the Governor or his Lieutenant with power to erect courts and make appointments for them, (i N. H. Prov. Laws, 505.)
It appears as early as 1693, by the act entitled " An act for the settling and distribution of intestates' estates and such as prove in- solvent," that the court of probate was already established, (i N. H. Prov. Laws, 566.) This fact is again recognized in 1701, in the act entitled " An additional act passed for the settlement of intestates' estates, thereto added insolvents' estates, how to be dis- posed of," Id, 683. In the Laws, ed. of 1716, p. 4, " Act for the settlement and distribution of the estates of intestates," the judge of probate is again referred to as then in the exercise of an appar-. ently settled jurisdiction. In the Laws, ed. of 1771, p. 104, the same act reappears. During this period, that is from 1692-1775, the Governor and Council constituted a supreme court of probate. (3 N. H. Prov. Papers, 683, 717.)
Referring to Usher's letter Jan. 11, 1696-7 (2 N. H. Prov. Papers, 209), it would appear that Story had an appointment from the home government as judge of probate; that Usher desired to have the commission returned, and that he assumed the right to appoint. This would indicate that the Governor was claiming the right to appoint the judge of probate, and that possibly there was an issue of authority on this point between the Lieutenant-Gov- ernor and the home government. On p. 207, same volume, it ap- pears that Packer was removed from the office of lieutenant-colonel and judge of probate by John Hinckes, President of the Council, acting as Governor, and the Council. It appears further, same vol- ume, pp. 242-243, that Nathaniel Fryer had been appointed ordi-
HISTORICAL NOTE Xxi
nary, inasmuch as Hinckes and his Council were turning the pro- bate records over to him by an executive order. In the absence of anything but fragmentary minutes of the proceedings of the Governor ,and Council as an executive body it may be difficult to trace, especially in the official probate records and files, the per- sonnel of thistourt, but there is probably data among the records and files of the probate court by which the judges and registers from 1692 to the revolution may be identified with substantial accuracy.
ALBERT S. BATCHELLOR,
Editor of State Papers.
LIST OF ESTATES
Abbott,
1711
12
Walter, 1667 .
Walter, 1675 . Aborn, George, Hampton, 1654 Adams, Charles, Durham, 1694/5
Charles, Durham, 1695
Peter, 1672 ... Alcock, Job, Portsmouth, 1712
Samuel, Portsmouth, 1704 Almary, Robert, Portsmouth, 1711/ Amazeen, John, Newcastle, 1700 Ardell, William, Exeter, 1709 . Atkinson, Joseph, 1678 . Austin, Joseph, Dover, 1662/3
Joseph, 1680 Avery, Thomas, 168 1 Ayers, William, Portsmouth, 1716
Babb, Philip, Isles of Shoals, 1671 Backway, Benjamin, Newcastle, 1699 Baker, John, Portsmouth, 1697 John, Portsmouth, 1709 Joseph, Isles of Shoals, 1672 . Banfield, John, Portsmouth, 1707 . Barefoote, Walter, Newcastle, 1688 Batchelder, Alexander, 1660 . Ann, Portsmouth, 1660 Stephen, 1673 .... Beal, Edward, Newcastle, 1706
670
96
169
25
405 412
133
690
524 679
467
641
227
56
242 256 791
125 445 433 635 138 608 322 46
50
J41
563
XXIV
LIST OF ESTATES
Beard, Joseph, Dover, 1703/4 .
Thomas, Dover, 1678
William, 1676 . Beck, Caleb, Portsmouth, 1694/5
Henry, Newcastle, 1686 . Bennick, Arthur, 1683 Berry, , 1654
William, Rye, 17 17 Bickford, John, Isles of Shoals, 166
John, Durham, 1685/6
John, Newington, 1715
Temperance, 1694 .
Thomas, Dover, 1706 Binmore, Philip, Dover, 1676 .
Rebecca, 1680
Bishop, , 1679
Blagdon, James, Star Island, 1715/ Blake, Jasper, Hampton, 1673
John, Hampton, 1715/16 .
Timothy, Hampton, 1715 Boone, John, 1680 . Boulter, John, Hampton, 1703
Nathaniel, Hampton, 1695
Nathaniel, Jr., Hampton, 1689 Boyes, Richard, 1677/8 . Brackett, Anthony, 1691 Braddock, Robert, 1677 • Bray, Richard, Exeter, 1666 . Brewster, John, Portsmouth, 1691 Broad, William, Portsmouth, 1665
William, 1677/8 Bronson, George, 1657 . Brooking, Godfrey, Isles of Shoals, 1682
W^illiam, Portsmouth, 1694 Broughton, John, Portsmouth, 1706
519
227
176
405 302
263
25 800
55 296
773 391
569 171
241
234 785 142
786
777 242
509 406
328
206
357 201
86 364
83 209
34
258
403 554
LIST OF ESTATES
XXV
Brown, Henry, Portsmouth, 1696 . Buckley, Richard, Portsmouth, 1706/7 Bullard, Augustine, Portsmouth, 1706 Bunker, James, Durham, 1697
Joseph, Durham, 1717 Burnell, Tobias, 1674/5 . Burnham, Robert, Durham, 1691 Button, William, 1693
Canney, Joseph, 1690
Thomas, Jr., 1677 . Carpenter, Lawrence, 1677 Cass, , Hampton, 1712
John, Hampton, 1674 Cate, James, Portsmouth, 1677 Cator, Edward, 1670/1 .
Edward, Newcastle, 1691 Champion, Claude, Isles of Shoals, 1687 Chapman, John, Hampton, 1705/6 Chase, Abraham, 1670 .
James, Hampton, 1703/4 .
Joseph, Hampton, 1704 .
Thomas, Hampton, 1652 .
Thomas, Hampton, 1712 . Chesley, George, Durham, 1710
Philip, 1695
Samuel, Durham, 1708
Thomas, Durham, 1697/8
Thomas, Durham, 1704 . Church, John, Jr., Dover, 1711 Churchwood, Gregory, 1670/1 Clapham, Arthur, 1678 . Clark, Edward, 1675
John, Portsmouth, 1694 .
John, Newcastle, 1700
419
575 567 432 806 160 360
387
339 186
184
682
147 201
124
353 317 546 180 522 526
23
685 665
413
627
434
535 672
123
225
167
391 460
XXVI
LIST OF ESTATES
Clark, John, Exeter, 1706
Samuel, Portsmouth, 1686 Clement, Job, 1682
Job, Dover, 1716 Clifford, Bridget, Hampton, 1679 Cloutman, Edward, Dover, 17 17 Coffin, Robert, Exeter, 1709 . Colcord, Edward, Jr., 1677 Cole, Isaac, Exeter, 1706/7
William, Hampton, 1662 . Combes, Alexander, Portsmouth, 1707 Cotton, John, Hampton, 1710 . John, Portsmouth, 1714 Seaborn, Hampton, 1684 . Thomas, Portsmouth, 1689/90 William, 1678 . Cowell, Agnes, Portsmouth, 1681 Edward, 1677 . ,
Edward, 1692 . Cox, Moses, Hampton, 1682 . Cram, Benjamin, Hampton, 1707/8
Jonathan, Hampton, 1703/4 Crawford, Mungo, Newcastle, 171 2
Susan, 1649
Cromwell, Philip, Dover, 1708
Crowder, John, Portsmouth, 1652
Cuddington, Stockdale, Hampton, 1650
Cummings, Richard, Portsmouth, 1678
Currier, Richard, Isles of Shoals, 1708
Cutt, Eleanor, Portsmouth, 1684
John, Portsmouth, 1680/1
Richard, Portsmouth, 1675
Samuel, Portsmouth, 1698
Ursula, Portsmouth, 1694
547
303
259
793
234 810
645 190
579 53
598 656
736
274 326 229
253 203
370 261
618
520
699
17
624
24
20
219
631
282
245 161
438
395
LIST OF ESTATES
xxvn
Dalton, Philemon, Hampton, 1656 .
Ruth, Hampton, 1665
Samuel, Hampton, 1681 .
Timothy, Hampton, 1657/8
Timothy, Jr., Hampton, 1662 . Dam, John, Dover, 1687 Daniell, Thomas, Portsmouth, 1683 Davis, David, 1699/1700
Hopkin, Portsmouth, 171 1
John, Durham, 1685
John, Durham, 1702
William, 1697 .... Dearborn, Godfrey, Hampton, 1680
Thomas, Hampton, 1710 . Demashaw, Hector, Isles of Shoals, 1677 Dennett, Alexander, 1698
John, Portsmouth, 1709/10
Joseph, Portsmouth, 1714 Derry, John, Durham, 1697 Deverson, Thomas, Portsmouth, 1705 Dew, John, 1674 .... Dimond, Thomas, Star Island, 1707 Doe, Nicholas, 1691 Dole, Benjamin, Hampton, 1707 , Dolloff, Christian, Exeter, 1708 Dore, Richard, Portsmouth, 1715/16 Dow, Henry, Hampton, 1659 .
Joseph, Hampton, 1703 .
Samuel, Hampton, 1714 .
Simon, Hampton, 1707 Downes, Thomas, Dover, 171 1 Drake, Abraham, Hampton, 1714 .
Robert, Hampton, 1663 . Drew, Francis, Durham, 1694
Francis, Dover, 17 17
33
84
257 36
53 316
266
454 670
290
493 426
243
657 186
437 653 748 427
542
152
593
355
589 626
783
38
502
734 601
669
728
58 401
799
XXVlll
LIST OF ESTATES
Drew, James, 1674
Samuel, 1669 .
Thomas, Durham, 1694
William, Durham, 1669 Dudley, Samuel, 1682/3.
Theophilus, Exeter, 1713 Durgin, William, Dover, 1702 Duston, Thomas, 1678
Edmunds, John, 1696
Thomas, 1696 . Elkins, Gershom, Hampton, 1714
Henry, Hampton, 1667
Henry, Kingston, 1707 Ellins, Anthony, 1681 Elwell, Joseph, Newcastle, 1701 Estow, William, Hampton, 1655 Evans, Ebenezer, Portsmouth, 1686
Robert, Dover, 1696/7
Fabes, Elizabeth, Newcastle, 171 1
John, Newcastle, 1696 Fabyan, George, Portsmouth, 1692/3 Fellows, Samuel, Hampton, 1707
Samuel, Jr., Kingston, 1715 Fernald, Joanna, 1660
Thomas, Portsmouth, 171 1 Ferryman, William, 1700 Field, Darby, 1651
Joseph, Dover, 1690 Fifield, Benjamin, Hampton, 1706
William, Hampton, 1714/15 Fletcher, John, Portsmouth, 1695 Fogg, Samuel, Hampton, 1671/2 Foggett, Philip, 1664 Follett, Nicholas, Portsmouth, 1700
160
115 394
115
262
706
494 225
419
419
732
95 608
253 484
30 301 424
669
418
381
599 776
44 671
468
23 338 560
753 410
129
78 461
LIST OF ESTATES
XXIX
Follett, William, Durham, 1690 Folsom, Ephraim, Exeter, 1709 John, Exeter, 1692/3 John, Exeter, 1715 . Samuel, Exeter, 1701/2 Footman, Thomas, 1667 . Foss, John, Dover, 1699 Frost, John, Star Island, 1713 Fryer, Joshua, Newcastle, 1703
Nathaniel, Newcastle, 1704/5 Fuller, Giles, Hampton, 1673 . William, Hampton, 1690/1 Furber, Jethro, Portsmouth, 1686 Jethro, Newington, 1715/16 Joshua, Portsmouth, 1708 William, Dover, 1699 William, Dover, 1707
Gale, John, Portsmouth, 1687 Garland, John, Hampton, 1671 George, James, Portsmouth, 1716 Gerrish, John, Dover, 1706
Richard, Portsmouth, 17 17 Gibbons, Ambrose, Durham, 1656 Giles, Matthew, Durham, 1667 Gilman, Daniel, Exeter, 1683/4 Edward, Exeter, 1655 Edward, Exeter, 1690 John, Exeter, 1700 . Moses, Exeter, 1701/2 Stephen, Kingston, 1712 . Goddard, John, 1667
John, 1672 Godfrey, Isaac, Hampton, 17 10 John, Hampton, 1697 William, Hampton, 1667 .
339 646
380
780
493 105 450 710
507
537 142
351
304
785 622
451 . 604
319 127
795
554 808
32
lOI
269 29
335
462
489 689 100
137
426 I 108
XXX
LIST OF ESTATES
Goodwin, Robert, 1677/8 Gordon, Alexander, Exeter, 1697
James, Exeter, 1714 Gore, William, 1686 Goss, James, 1688 . Gove, Edward, Hampton, 1712 ,^ GrafTam, Samuel, Portsmouth, 1715 GralTort, Bridget, Portsmouth, 1701 Green, Edmund, 1668
Henry, Hampton, 1700
Isaac, Hampton, 1712/13 Gresham, Noah, 1677/8 . Griffith, Caleb, Portsmouth, 1710 Grout, Gabriel, Portsmouth, 1707 Grubb, Gabriel, 1677/8 .
Hall, John, Greenland, 1677
John, Dover, 1700 .
Joseph, Greenland, 1685
Ralph, Dover, 1706/7
Samuel, 1690 . Hallwell, Henry, Durham, 1663 Ham, William, Portsmouth, 1672
William, Portsmouth, 1693 Hanson, Isaac, 1683
Thomas, 1666.
Thomas, Dover, 1710 Harford, William, Dover, 1717 Harris, John, Portsmouth, 1710
Thomas, England, 1667 . Harrison, Nicholas, Dover, 1707/8 Hart, John, Portsmouth, 1664/5 Harvey, Joachim, 1678 .
Onesiphorous, Isles of Shoals, 1672
Richard, 1678 ....
208
430
744 308
320
680
777 473 109
465
703 206
662
600
208
195 459 293
583
22^ 60
140 388 265
85
659 800
667 98
620 81
226
137 216
LIST OF ESTATES
XXXI
Haskins, William, 1712 .
Hatch, John, Portsmouth, 1701
Hatherly, Henry, 1676 .
Hayward, Hugh, Bristol, Eng., 1713/14
Heard, James, Kittery, Me., 1677
John, Kittery, Me., 1677 .
John, Dover, 1687
John, Dover, 1707 .
John, Dover, 1716/17
Samuel. Dover, 1697 Hearle, William, Portsmouth, 1689 Herbert, Sylvester, Newcastle, 1683 Hill, Richard, 1677/8
Valentine, 1662 Hilliard, Benjamin, Hampton, 1677
Emmanuel, Hampton, 1657
Timothy, Hampton, 1712 Hilton, Catherine, Exeter, 1676
Edward, 1670/1
Edward, Exeter, 1699
William, Exeter, 1690
William, 1700 .
Winthrop, Exeter, 1710 Hinger, Marker, 1660 Hinkson, Thomas, Portsmouth, 1664 Hobbs, Henry, Dover, 1698
James, 1680
Morris, Hampton, 1706 Hobby, Sir Charles, Boston, Mass., 1716/17 Hockaday, Nathaniel, Isles of Shoals, 1664 Hoddy, John, Portsmouth, 1684 Holdridge, Isabel, Exeter, 1689 Holland, Edward, Star Island, 1684
Roger, 1677/8 .....
682 481 iSo 720
188 188 312 588
797
431
327 265
206
55 199
35 682
172
124
443
344 470
668
46
75
437 242
559 798
78
280
328
286
207
XXXll
LIST OF ESTATES
Home, John, Dover, 1710
William, Dover, 1691/2 . Hoskins, William, Newcastle, 1713 Howard, James, Portsmouth, 1708 . Howell, Abraham, Portsmouth, 1699 Hudson, John, Newington, 1717 Huggins, John, Hampton, 1670
Robert, Dover, 1705 Hull, Dodavah, 1682
Dodavah, Portsmouth, 1716 Reuben, Portsmouth, 1689 Hunking, Hercules, Star Island, 1659 John, Portsmouth, 1681 Mark, Portsmouth, 1667 . Hunkitt, John, Hampton, 1670/1" . Huntress, George, Newington, 1715 Hussey, Christopher, 1684/5 .
Jackson, Clement, Portsmouth, 1708
John, Portsmouth, 1660 .
John, Portsmouth, 1690/1
Nathaniel, Portsmouth, 17 15
Thomas, 1691 .
Walter, Durham, 1697/8 .
William, Portsmouth, 1672 JafTrey, George, Portsmouth, 1706/7 James, Thomas, 1671 Jenkins, Henry, 1670
Stephen, Durham, 1694 . Jenness, Francis, Hampton, 1714 Joce, Christopher, Portsmouth, 1676
Jane, Portsmouth, 1689 .
John, Portsmouth, 1694
Richard, Portsmouth, 1707/8 Johns, Catherine, 1660 .
659 365 710
628
451 803
118
545
258
796
40
254 102
125
765 287
621
46
346 769
353 436 136
581 126
120
394 738 177
330
392 613
46
LIST OF ESTATES
XXXllI
Johnson, Edmund, Hampton, 1650
James, Newcastle, 1678 .
Peter, Hampton, 1674
Thomas, Durham, 1661 . Jones, Francis, Portsmouth, 1713
George, Exeter, 1694/5 .
James, 1686
John, Portsmouth, 1667 .
John, Dover, 1706 .
Thomas, Newcastle, 1712/13 Jordan, Robert, Newcastle, 1678/9
Keais, Samuel, Portsmouth, 1716 .
Kelly, Abraham or Andrew, Newcastle,
Kendrick, Joshua, 1662 .
Kennard, Edward, Portsmouth, 1712
Kenniston, John, 1677
Kent, Oliver, Durham, 1670 .
Kimming, John, Exeter, 1708
King, Richard, Portsmouth, 1653 . Thomas, Exeter, 1666/7 • William, Isles of Shoals, 1664
Knight, John, Dover, 1694
Knowles, John, Hampton, 1693/4 .
Ladbrook, Thomas, Portsmouth, 1684 Lang, Robert, 1715/16 . Langdon, Tobias, Portsmouth, 1664 Larriford, John, 1672 Lavers, George, Portsmouth, 1683/4 Lawrence, David, Exeter, 1709/10 . Leach, James, Portsmouth, 1696/7 . Leader, Richard, 1668 . Lear, Tobias, 1677/8 Leavitt, Hezron, Hampton, 1702/3 . Isabel, Hampton, 1698/9 . iii
1709
20 213
712 406 302 107
55S 702
231
796
5^ 700-
191
120-
625
25
93
75
397
39^^
285
785 81
13s
268
649
423 no
204
499 449
"XXXIV
LIST OF ESTATES
Leavitt, Nehemiah, Exeter, 1715
Samuel, Exeter, 1707
Thomas, Hampton, 1692 Leggett, John, 1665 Leighton, John, Dover, 1712
Thomas, Dover, 1671
Thomas, 1677 . Lemon, William, 1660 Lewis, John, Newcastle, 1700/]
Philip, Greenland, 1700 Libby, James, 1678 Light, Henry, 1677/8
John, 1685/6 . Lines, John, Isles of Shoals, 1674 Lissen, Nicholas, Exeter, 1714 Lloyd, Allen, Portsmouth, 1672
Allen, Portsmouth, 1 701/2
Edward, 1663 . Locke, John, Hampton, 1706/7 X-overing, John, Dover, 1668 . Lowe, John, Portsmouth, 1713 Ludecas, Mrs., Dover, 1664 . Lux, Audrey, Portsmouth, 1688
William, Newcastle, 1684
IMann, Michael, Portsmouth, 1687
Mansfield, Henry, 1678 .
Manson, Richard, Portsmouth, 1702
Robert, Isles ot' Shoals, 1677 Harden, John, 1698
Rachel, 1706/7 Marsh, Henry, Durham, 1715 Marshall, Robert, 1663 . Marston, James, Hampton, 1705
John, Hampton, 1699/1700
763 594 370
83
693 126
200
45 472
468
227
207
300
153
749
137 492
60
584 no
709
75 321
280
318
227
495 18S 440 580 768 60
540
457
LIST OF ESTATES
XXXV
Marston, Thomas, Hampton, 1690 William, Hampton, 1672 . William, Hampton, 1701 .
Martin, John, 1664 .
Martyn, Matthew, 1677 .
Richard, Portsmouth, 1692/3 Richard, Jr., 1691 .
Mason, Elizabeth, Hampton, 1697 John, London, Eng., 1635 Robert Tufton, Portsmouth, 1692
Matthews, Benjamin, Durham, 1710/11 Francis, Durham, 1704 Isaac, Portsmouth, 1716 . Walter, 1678 .
Maud, Daniel, 1654/5
Maverick, Antipas, Exeter, 1678
Meader, Nathaniel, Durham, 1705
Melcher, Edward, Portsmouth, 1695
Mills, Ann, Portsmouth, 1716 Richard, Portsmouth, 1715
Mingy, Jeffrey, Hampton, 1658
Moody, Joshua, Portsmouth, 1693
Moore, John, Jr., 1677
William, Exeter, 1700
Morgan, William, Exeter, 1712
Morrill, Nicholas, Portsmouth, 1697
Morris, Thomas, 1701
Moses, Aaron, Portsmouth, 17 13
Moulton, Daniel, 1671
Henry, Hampton, 1701 John, Hampton, 1649/50 . John, Hampton, 1706/7 William, Hampton, 1663/4
Mussell, Robert, 1663/4
337 141
485 72
182
376
353 429
I
372 669
533
790
211
27
226
539
409
788 782
37
384 184
471
701
434
487 716
125
483 18
585 66
61
XXXVl
LIST OF ESTATES
Nelson, Matthew, Portsmouth, 1713 Nichols, James, 1O51 Nock, Henry, Dover, 1713
Silvanus, Dover, 1716
Thomas, 1667 .
Thomas, Dover, 1676/7 Nute, James, Jr.. Dover, 1691 Nutter, Hatevil, Dover, 1674 .
Odiorne, John, Newcastle, 1706/7 Philip, Isles of Shoals, 1703
O'Shaw, Daniel, Newcastle, 1715 James, Newcastle, 1716 .
Otis, Nicholas, Dover, 1697 Richard, Dover, 1704 Richard, Jr., Dover, 1701
Owen, John, Portsmouth, 1704
Page, Francis, Hampton, 1706
Robert, Hampton, 1679 .
Stephen, Hampton, 1713/14
Thomas, Hampton, 1686 . Paine, John, Boston, Mass., 1693/4
Thomas, Newcastle, 1694 Palmer, , 1661
Christopher, Hampton, 1706/7
William, 1685 . Parker, Noah, Portsmouth, 1708
Samuel, 1656 . Partridge, John, Jr., Portsmouth, 1698
Nehemiah, 1690/1 Pearl, Nicholas, Dover, 1706 Pease, Samuel, Exeter, 1706 Pendleton, Bryan, Portsmouth, 1677 Penny, Henry, Portsmouth, 1708/9
707
23
708
788 100 180 361
157
578
513 764
790
427
536 488
524
571 236
718
305
389 396
53 .582
292
627
32
437 348 558
570 191
.634
LIST OF ESTATES
XXXVll
Pepperell, Andrew, Newcastle, 1713/14 Perkins, Abraham, Hampton, 1683
Abraham, 1715
Abraham, Jr., 1677 .
Humphrey, Hampton, 1712
Jonathan, Hampton, 1688/9 Ferryman, Edward, 1677/8 Peverly, Thomas, Portsmouth, 1670 Philbrick, James, Hampton, 1676
Thomas, Hampton, 1663/4
Thomas, Kingston, 1712 .
Timothy, Kingston, 1713/14 Phillips, Israel, 1678
John, 1641/2 Pickering, John, Portsmouth, 1668
John, Jr., 1714/15 . Pierce, John, Dover, 1676 Pike, John, Dover, 1709/10
Joshua, Portsmouth, 1716/17
Nathaniel, Portsmouth, 1714 Pitman, Ezekiel, Dover, 1706/7
"William, Durham, 1682 .
William, Portsmouth, 1693 Plaisted, Ichabod, Berwick, Me., 1715
Elisha, Portsmouth, 1690
John, 1707/8 Plimpton, Henry, 1652 . Polly, Edward, 1715 Pomeroy, Joseph, 1674 •
Thomas, Portsmouth, 1714 Pottle, Christopher, Hampton, 1709
Quick, Nathan, 1677/8 .
Rackley, William, Portsmouth, 1699 Ralph, Clement, Durham, 1667
XXXVlll
LIST OF ESTATES
Rand, Francis, 1689
John, 1694/5 . . .
John, Durham, 1698
Remembrance, 1694/5
Samuel, Newcastle, 1706/7 Randall, Jacob, 1702
Peter, Portsmouth, 1697/8 Read, Robert, Hampton, 1664 Reyner, John, Dover, 1669
John, 1677 Rice, Henry, Dover, 17 11 Richards, Mary, Portsmouth, 1702/3
William, Portsmouth, 1694 Rider, Phineas, Newcastle, 1681 Roberts, Thomas, Dover, 1673
William, Dover, 1676 Robinson, James, Newcastle, 1710
John, Exeter, 1675 . Roby, Henry, Hampton, 1686/7
Samuel, Hampton, 1717 . Rollins, James, Dover, 1685 .
James, Portsmouth, 1700 .
Samuel, Portsmouth, 1694
Thomas, Exeter, 1706 Rose, Roger, Portsmouth, 1705 Rouse, Thomas, Portsmouth, 1712/1; Rowe, Richard, Dover, 1703 . Royall, Teague, 1677 Rutherford, Robert, Portsmouth, 17 15 Rymes, Samuel, Portsmouth, 1711/12
Sadler, Anthony, 1650 . Sampson, Andrew, Portsmouth, 1708 Sanborn, John, Hampton, 1692 William, Hampton, 1692
333
405 438
405
581
495 436
73 112
200 673
499 404
253
14s 170
657 169
308
804
293 468
402
564
543
705
510 186
769 675
20
621
374 374
LIST OF ESTATES
XXXIX
-'Savage, Elizabeth, Portsmouth, 1708 -Scribner, John, Dover, 1674 . •Seeley, John, 1670 . Severett, Joanna, Portsmouth, 1690/
Philip, Portsmouth, 1689 . •Seward, , 1681
John, Portsmouth, 1705
Richard, 1662/3
Richard, Portsmouth, 1667 •Sewall, Edward, Exeter, 1684
Edward, Exeter, 1712
Thomas, Exeter, 1712 -Shaw, Benjamin, Hampton, 1717
Caleb, 1715
Roger, Hampton, 1660 .Sherburne, Ambrose, 1676
Henry, 168 1
John, Portsmouth, 1690
John, Portsmouth, 1691
Samuel, 1691 . Shipway, John, Portsmouth, 1683
John, Portsmouth, 1690 -Shortridge, Richard, Portsmouth, 1712 ■Simonds, Thomas, 1674 . Sinclair, John, Exeter, 1699/1700 Sleeper, Moses, 1680 Sloper, Richard, Portsmouth, 1711 Smart, Robert, Exeter, 1703 . Smith, Israel, Hampton, 1706
James, Durham, 171^
John, Hampton, 1709
Joseph, Hampton, 1712
Nicholas, Exeter, 1673
Nicholas, Exeter, 1715/16
Robert, Hampton, 1699/1700
632
156 120
345 328
257 546
57 103
285 698 692 810 772
47
175 252
341
362
362 266
342 701
151
454 242
671
508
551 728
636
694
146
782
457
xl
LIST OF ESTATES
Snell, Agnes, 1681
George, Portsmouth, 1706
Richard, Boston, Mass., 1691 Stanyan, Anthony, Hampton, 1688/9 Start, Thomas, 1674 Steele, Francis, Exeter, 1717 • Stevens, Caleb, 1675
Nathaniel, Exeter, 1708 . Stevenson, Joseph, Durham, 1694
Thomas, Durham, 1664 .
Thomas, Durham, 1694 . Stileman, Elias, Newcastle, 1695
Lucy, Newcastle, 1 699/1 700
Richard, 1679
Richard, 1691 Stockbridge, John, Hampton, 1715 Story, Charles, 1714/15 .
William, 1661 . Swaine, Francis, 1665
Hezekiah, Hampton, 1670
John, Newcastle, 1699
Mary, Newcastle, 1704
William, 1692
William, Jr., Hampton, 1657 Swett, Benjamin, Hampton, 1677
Tanner, John, Portsmouth, 1669 Taprill, Abisha, 1678/9 . Tarleton, Ruth, Newcastle, 1707/8 Tasker, Mary, Durham, 1699/1700
William, Dover, 1699/1700 Taskett, Samuel, Durham, 1704 Taylor, Henry, 1649
William, 1677/8 Thing, Jonathan, 1674
Jonathan, Exeter, 1695
257
551
35^ 326
160
807
i6a
7a
395 414-
452 234 353 779 754 52 83 117
44J
535 366
35 199.
112 23a 611
455
45^
534 18
204
155 407
LIST OF ESTATES
xli
Thorner, Henry, Wapping, Eng., 1657 Tibbetts, Henry, 1683
Jeremiah, Dover, 1677 Tomlin, Richard, Portsmouth, 1708/9 Towle, Joshua, Hampton, 1714
Philip, Hampton, 1696
Philip, Hampton, 1709 Trickey, Ephraim, Dover, 1701
Isaac, Dover, 1712 .
Joseph, Dover, 1713
Thomas, 1675 .
Trueworthy, , 1673
Tuck, Edward, Hampton, 1653
Robert, 1664 Tucker, John, Star Island, 1670
Philip, Portsmouth, 1695 .
Richard, 1679
Richard, Newcastle, 1694 Tuckerman, Otho, Portsmouth, 1664 Turpin, Thomas, 1650 Tuttle, John, Dover, 1663
John, Dover, 1717 Twombly, Ralph, 1684/5 Tyng, Edward, Boston, Mass., 1677
Urin, William, Star Island, 1664
Varney, Humphrey, Dover, 1713 .
John, Dover, 1713/14 Vittery, Peter, London, Eng,, 1682
Wakeham, John, 1691/2
Thomas, Portsmouth, 1698
Waldron, Alexander, Newcastle, 1676 Isaac, Boston, Mass., 1686
Walford, Jeremiah, Portsmouth, 1660
xHi
LIST OF ESTATES
Walford, Thomas, Portsmouth, 1666
Thomas, 1678 . Walker, Joseph, 1683
Robert, Portsmouth, 1714
Samuel, 1704/5 Wall, James, Hampton, 1659 •
Mary, Hampton, 1702/3 . Wallis, George, Portsmouth, 1685/6 Walton, George, 1685/6 Ward, Thomas, Hampton, 1678 Watson, Robert, Durham, 1695/6 Webb, George, Dover, 1651 . Webster, John, Portsmouth, 1662 Wedgwood, John, Hampton, 1654 W.entworth, Samuel, Portsmouth, 1690/1
Samuel, Jr., Boston, Mass., 1712/13
William, Dover, 1697 West, Edward, Newcastle, 1677
John, Newcastle, 1695
Martha, Newcastle, 1678/9 Westbrook, John, Portsmouth, 1697 Weymouth, James, Isles of Shoals, 1678
James, Newcastle, 1706/7
William, 1654 .
William, Star Island, 1703 Wheeler, John, Durham, 1706 Whidden, John, 1681
Samuel, Greenland, 1713/14 White, John, 1646 . Whittemore, Joel, 1711/12 Wiggin, Andrew, Exeter, 1703/4
Bradstreet, Exeter, 1709 .
Thomas, Exeter, 1664
Thomas, Exeter, 1695/6 .
Thomas, Exeter, 1700
8r
222- 267-
747'
537
41
497
29s 299.
217
416
22
55 26
349'
705 426
19&
414
233
431 209
57^
25 50&
550-
257
735
15. 674
514- 641
17 418
470.
LIST OF ESTATES
Xllll
"Wight, Thomas, Exeter, 1665 Wilcomb, Eleanor, Isles of Shoals, 1699 AVilford, Gilbert, 1676 . "Willey, Samuel, 1679
Stephen, Durham, 1096 .
Thomas, 1681 . Williams, Henry, Hampton, 1711/1
Robert, 1676 . Wilson, Humphrey, Exeter, 1698
John, Exeter, 1 699/1 700 .
Thomas, Exeter, 1642/3 .
Thomas, 1662 .
William, Hampton, 1710 . Wincoll, John, Portsmouth, 1715 Windsor, Samuel, 1687 . Wingate, John, Dover, 1683/4
John, Dover, 1714
Moses, Dover, 1695/6
Oliver, England, 1664 Winsley, Samuel, Kingston, 1710 Woodis, John, Portsmouth, 1670 Woodman, John, Dover, 1705 Woodward, James, 1647 Wright, Nathaniel, Stratham, 1716 Wyatt, John, Portsmouth, 1670
York, Richard, Dover, 1672 . Young, John, Exeter, 1697 John, Exeter, 1704/5
83
445 177
233 420
257 674
176
440
456
13
55 662
778
319 270
751 417
76
666
119
545 16
791
119
134 432
539
NEW HAMPSHIRE WILLS
JOHN MASON 1635 LONDON ENG.
In the Name of God Amen, I Cap' John Mason of London Esq' being Sick in body but of perfect mind & memory, laud & praise be therefore given to Almighty God, doe make & declare this my present last Will & Testament in Manner & forme following (that is to Say) first and principally I commend my Soul into the hands of Almighty God my Maker hopeing & Assuredly beleiveing y' by & through the Meritts of the most pretious death & passion of my Lord and Saviour Jesus Christ I shall be Saved and have full & free pardon & remission of all my Sins and Enjoy Everlasting life, in the Kingdom of heaven Amongst the Elect Children of God, My body I committ to y*^ Earth from whence it came to be buried in the Collegiate Church of S' Peter in Westmin'' without Any ffunerall Pompe, or Ceremonie. And as concerneing all & Singuler the Goods Chattells Debts & personall Estate, which it hath pleased God of his Goodness to bless me withall in this life after my Debts shall be paid & my ffunerall Charges discharged I give devise & bequeath the Same unto Such person & persons, in Such manner & forme & Under Such provisoes Conditions and Limitations as are hereafter Expressed (that is to say)
Imprimus I Give and bequeath Unto five poor people of the Town or parish of Portsmouth in the County of Southampton the sume of five pounds to be distributed According to the discretions of the Church warden of the said Town or p'^sh for the time being, and to be paid by my Executrix Unto y^ said Church warden of the s'^ Town or p'^ish within one Year Next after my Decease the S*^ Churchwardens, within One Year Next after the receipt of y* said legacie given unto My Executrix an honest and Just Account, of the distribuc'on of the s*^ legacie, to y° use of the s*^ poor people.
2 NEW HAMPSHIRE WILLS
Item I give unto my Sister Dorothy Moor in Case she shall be in want for & dureing the terme of her Naturall Life The Yearly Sume of Tenn pounds of Lawful! mony of England to be paid unto her or her Assignes at the two Usuall fteasts or halfe Yearely paym" in the Year by Even and Equall porc'ons. And I give unto every of the Children of my said Sister Dorothy Moor, Six pounds apeice of Lawfull mony of England.
Item I give unto Beatrice Baldwin the sume of ffive pounds.
Item I give & bequeath unto my Brother in Law M' Joshua Green & his wife, M' Edward Lambert & his wife, M^ Henry Burton and his Wife, M"" John Woolaston & his wife, & to my Loveing Cosins Doctor Mason of Greenwich and his wife and Mother, To my Cosins m"" Thomas Geere and his wife, To my Cosin Thomas Mason Gentleman, and to my Cosins M'' Thomas Gipps & his Wife to every of them ffifty Shillings a peice to make them Rings to weare in Remembrance of me.
All the rest & residue of all & Singuler my goods & Chattells and ready Money debts and personal! Estate whatsoever & where- soever, after my Debts shall be paid, and my Legacies & ffunerall Charges shall be discharged, I will that my Wife shall have the use thereof and of Every part thereof And shall receive have & Enjoy to her Owne proper use all the encrease, profitt & benefitt that shall be made thereof, by for and dureing the terme of her Naturall life. And from and Imediately after the decease of my said wife, then I give devise and bequeath the S*^ rest and residue of all and Singuler m}' Goods Chattells ready Mony Debts & personal! Estate whatsoever Unto my flour Grand Children John Tufton Ann Tufton Robert Tufton and Mary Tufton to be Equally divided Amongst them part and part like and to be paid to the men Children at their severall Ages of One and Twenty Years ; And to the women Children at their Ages of One and twenty Years : or dayes of Marriage which shall first happen, & if any of them dye in their Minoritye then the part or porc'on of him or them soe dying shall be parted & divided Unto and Amongst the Survivour or Survivors of my s"^ four Grand-Children respectively
NEW HAMPSHIRE WILLS 3
And my Will and minde is, and I doe hereby devise and Appoint, that in case my said Wife Ann Mason shall dye & depart this mortall life before all my Said four Grand-Children shall be capable to receive have hpld and Enjoy the Severall legacies and bequests before in this my Will given & bequeathed unto them and to hold and Enjoy the Lands and Tenem'" hereafter in this my Will by me Given and bequeathed unto them or to them & their heirs respectively y' y° and in such case my Loveing Brother in Law John Woollaston shall receive the parts & portions of such of my s'' four Grand Children as shall be then in their Minoritye, and take possession of such Land ; as I shall in this my. will give, devise & bequeath Unto them, and shall Imploy y^ same for y® benefitt & Maintainance of my s'' Grand Children ; & shall pay the same to them respectively as they shall attaine to their Ages of One & Twenty Years or dayes of Marriage as aforsaid. And I doe hereby make &. Ordaine y^ said John Wol- laston after the decease of my said Wife Sole Guardian of and for my said Grand Children or Such of them as shall be in their Minoritie at the time of the decease of m}^ Said Wife and in Case my s** wife, and my s'^ Brother in Law John Wollaston ; shall both dye and depart this Mortall Life before my said Grand Children shall be capable to have & receive their portions as aforsaid ; and to enjoy such Land as hereafter in this my will is by me given and bequeathed unto them respectively then I leave the Education and bringing up of such m}'' said Grand Children ; as shall be in their Minoritie, and the receiveing haveing and possessing of such Lands Tenem'^ legacies and bequests as I have and shall give them by this my will unto such person or persons as my said Brother in Law John Wollaston shall in his life time Nominate & appoint for that purpose & to no other person or per- sons whatsoever. — And I doe hereby Charge my said Grand Children and Every of them to make Choice of and accept of my said Brother in Law & such person or persons as he shall Appoint & none other whatsoever to be Executrix Guardian & Guardians for them, after the decease of my said Wife, And I ^oe hereby
/ .
4 NEW HAMPSHIRE WILLS
make name and Ordaine my said Loveing wife Ann Mason the full and Sole Executrix of this my last will & Testament desireing her to performe the same in all things According to my true Intent and Meaning. And I doe hereby Constitute & Appoint my said Loveing Brother in Law John Wollaston the Overseer of this my Last will and Testament Entreating him to be aiding & assisting Unto my S*^ Executrix in the Execution thereof & In token of thankfulness for his love to me, I doe hereby Give & bequeath unto him my Coach & two Coach Horses with the ffurniture thereto belonging.
Now as conserneing y* Disposition of all & Singular my Man- ners, Messuages, Lands, Tenements & hereditam" with their and Every of their Rights Members & Appurtenances ; as well within the Realme of England as Else where I give devise & bequeath the same and Every of them to Such person & persons upon Such Trusts and Confidence to such uses & intents & purposes, & under Such provisoes, Conditions & Limittac'ons as are hereafter Expressed. (That is to say) first I Give devise & bequeath unto the Mayor and Comonallity and Corporation of The Town of Kingslyn in the County of Norfolk where I was borne by what name title or Addition soever, the s*^ Towne or Corporation is have been or shall be Called Known or incorpretted and to their suc- cessors for Ever Under the provisoe or Condition Nevertheless here after expressed, Two thousand Acres of Land in my County of New hampshire Or Mason hall in New England which by my Executrix & Overseers aforesaid shall be thought most fitt. And the Reverc'on & Reverc'ons remainder & remainders of the same two thousand acres of Land and Every part thereoflfto have & to hold the same and Every part thereof unto the said Mayor and Comonallity & Corporation of the said Town of Kingslyn And their Successors for Ever for & under the Yearly Rent of One penny of Lawfull mony of England to be paid to my heirs if it shall be demanded, And alsoe Allowing unto my heirs for ever two ffifth parts of all such Mynes Royall as shall be at any time after my decease found in & upon the same Land or any part
NEW HAMPSHIRE WILLS 5
thereof Provided allwayes & my will & minde is, And I doe hereby devise & appointe that the said Mayor and Comonallity their successers or Assignes, Shall within ffive Years next after m}'' Decease plant & sett upon the said thousand Acres of Land ffive ffamillies of people at least to plant upon y® same, & that the Cleare Yearly profitt that shall be made of & upon the s*^ Two Thousand Acres of Land shall be Yearly for Ever Distributed & Disposed of towards the Maintainance & Releife of the poor people of y^ s'' Towne at the discretion of the Mayor & Aldermen or the Cheifest Govern' of y® said Town for the time being. And I will that my said wife Ann Mason shall at y® request Cost & Charges in y® Law, of y^ said Mayor & Cominalitye their Succes- sers or Assignes Lawfully & sufficiently convey Release & Assure unto the said Mayor & Comonality & their Successers for Ever all her Right Estate Dower Title of Dower and Interest of and in y® said two Thousand Acres of Land, and that by Such lawfull wayes & Means, as by the s*^ Mayor and Comonalitie or their successors or by their Councill learned in the Law shall be rea- sonably devised or advised and required.
Item I give Devise & bequeath unto my Loveing Brother in Law John Wollaston & to his heirs & Assignes for Ever to be holden of my heirs in fee farme Three Thousand Acres of Land with y^ App" in my County of New-hampshire ; or Mannor of Mason Hall afforsaid where my said Brother & Executri.x shall think fitt, and the Reversion and Reversions Remainder and Remainders Rents and Yearly profitts whasoever of y® same Three Thousand Acres of land and Every or any part thereof, to have & to hold y* Same, and Every part thereof unto the said John Wollaston his heirs & Assignes for ever to be holden of mj^ heirs for ever in fee farme paying only twelvepence of Lawfull mony of England "^ Annu- to my heirs when the same shall be demanded of y® said John Wollaston his heirs or Assignes, and alsoe allowing to my heirs two ffifth parts of all my Mynes Roy- all ; as shall be at any time after my decease found in & upon my said land or any part thereof & I will that my said Wife Ann
6 NEW HAMPSHIRE WILLS
Mason shall at the request Cost & Charges in the Law of y^ s'' John Wollaston his heirs or Assignes in due forme of Law con- vey release & Assure unto the s'* John Wollaston his heirs & Assignes all her Right Title, Dower, intrest Claime & demand, of in & unto the said Three Thousand Acres of land, with ye App" and of in & unto Every or any part thereof by such Convey- ance, wayes, & means as by y® s*^ John Wollaston & his heirs or Assignes or his or their Councell Learned in the Law shall be reasonably devised or advised and required.
I Give devise & bequeath unto my Grand Child Ann Tufton and to her heirs and Assignes for Ever under the provisoes and Conditions Nevertheless hereafter Expressed, all those my lands Tenements and hereditaments with the App" lying & being at Capeham of Wagen ; upon the south East side of Sagadahock In New England aforesaid called Masona ; & Containing by Esti- mac'on tenn Thousand Acres or thereabouts be the same more or less, and the reversion & reversions, Remainder & Remainders Rents and Yearly and other profits whatsoever of y^ same Land and p'^misses, To have & to hold y" said Lands & p^misses and Every part thereof with the App" unto y* said Ann Tufton my Grand Child & to her heirs and Assignes forever Provided alwayes & my will minde and meaning is, And I doe hereby devise & appoint y* my wife shall hold & Enjoy y® said Tenn Thousand Acres of Land & Every part thereof and receive take & enjoye to her Own proper use & behoofe all the rents Issues and profitts of the same & Every part thereof untill my said Grand Child Ann Tufton shall attaine to the Age of One & Twenty Years, or day of Marriage which shall first happen if my said wife shall soe long live.
Item I give & devise & bequeath, unto my Grand Child Robert Tutton ; and to his heirs & Assignes for Ever under y® provisoes & Conditions nevertheless hereafter Expressed, all that my Man- nor of Mason Hall in New England afores^ with all the Lands Tenements & hereditaments Rights Members and App""* thereto belonging Except such part of y^ Land thereunto belonging as is
NEW HAiMPSHIRE WILLS 7
before bequeathed by this my will & the Reverssion and Rever- ssions Remaind' & Remaind""* Rents & Yearly and Otther profitts whatsoever of the same p''misses. To have & to hold y" same and every part thereof Except before Excepted, Unto my s'' Grand Child Robert Tufton & to his heirs & Assignes for Ever, Pro- vided allways and upon Condition Nevertheless and my true Intent & meaneing is that the said Ann my Wife shall have & Enjoye the said Mannor and p''misses Given to my s'^ Grand Child Robert Tufton as aforesaid and receive take and enjoye to her owne proper use the Rents Issues & profitts thereof untill my said Grand Child Robert Tufton shall Attaine to & Accomplish his full Age of One & Twenty Years, (if my said wife shall soe long live) Provided alsoe & my ffurther will minde & meaneing is & I doe hereby devise & Appoint y' my s'* Grand Child Rob' Tufton shall alter his Sir Name & Sir Name himselfe Mason ; before he shall be Capable to Enjoye the s'' Mannor and p''misses Accord- ing to this my Will for y' my true intent and meaning is that the s*^ mann"" & p'misses shall Continue in my name as now it doth & no Otherwise.
Item I give devise & bequeath unto my s'' Brother in Law John Wollaston his heirs & Assignes for Ever upon the Trusts & Confi- dences, and to the uses intents and purposes Nevertheless hereafter Expressed Two Thousand Acres of Land, in my County of New- hampshire in New England aforesaid where my said Brother & Executrix afores'* shall think fitt upon trust & Confidence, & to the use intent and purpose^ that my said Brother John Wollaston or his heirs, And my said wife Ann Mason shall with all speed con- venient after my decease at y^ Charges of my Estate In due forme of Law, Settle & Convey One Thousand Acres of y" said Land to some ffeolfees in trust & to their heirs for Ever, for & towards y« Maintainance of an honnest Godly & Religious Preacher of Gods word in some Church or Chappie or other publick place y* shall be Appointed for devine Worshipp & Service within the said County of New hampshire, where my s"* wife and Brother shall think fitt, the said ffeofees & their heirs ; paying & allowing unto
8 NEW HAMPSHIRE WILLS
my heirs for Ever the Yearly rent of One penny if it be demanded, and two fifths parts of all such Mynes Royall as shall be found in & upon the said one Thousand Acres of Land or any part there of & One Thousand Acres more residue of y® said two Thousand Acres of Land I will shall be Settled or Conveyed as aforesaid to some ffeoffees in trust & to their heirs for Ever for & towards the Maintainance of a free Grammer school for the Education of Youth in some Convenient place within y* said County of New- hampshire where my said wife & Brother in Law shall think fitt ; they alsoe paying & allowing unto my heirs for Ever the Yearly Rent of One penny if it be dema'd & two fifth parts of all such Mynes Royall as shall be found in & upon the said One Thousand Acres of Land or an}' part thereof.
all the Rest & residue of all & Singular my Mannors Messuages, Lands Tenem" & hereditaments with their & Every of their App^* lying and being within y" said County of Newhampshire or Elsewhere in New England afors'', not before bequeathed by this my will ; I Give devise & bequeath y^ same & Every part thereof and the Reverc'on and Reverc'ons Remainder & Remainders thereof and of Every part thereof under the provisoes and Condi- tions Nevertheless hereafter Expressed unto my Grand Child John Tufton, And to the heirs of his body Lawfully to be begotten & for want of such Issue to the said Robert Tufton or my Grand Child, & to the heirs of his body Lawfully begotten, & for want of such Issue to my Cosin Doctor Robert Mason Chanceller of the Diocess of Winchester, & to the heirs male of his body Law- fully begotten or to be begotten & for want of such Issue to my Right heirs & Assignes for Ever Provided allwayes Nevertheless and my will minde & meaning is that my said wife Ann Mason shall have hold & Enjoye ; y* said Mann"^ Messuages lands and p'mises by me given unto my said Grand Child John Tufton as aforsaid and receive y^ rents Issues and profitts thereof & of Every part thereof to her Owne proper use and behoofe untill my said Grand Child John Tufton shall Attaine to and Accomplish his full Age of One & Twenty Years if y* said Ann my wife shall soe
NEW HAMPSHIRE WILLS 9
long live, provided alsoe, & my further will minde & meaning is & I doe hereby devise & Appoint, that m}' said Grand Child John Tufton, shall alter his Sir Name, and shall name himself Mason, before he shall be Capable to enjoye y® said Mannors Lands & p''misses or any part thereof According to my bequest for that my true intent & meaning is that the said Lands shall not descend from the name of Mason but that my said Grand Child & his heirs shall Enjoy the same Land & p^misses in my Owne S'' Name & not otherwise, Provided allso & my will & minde is, and I doe hereby devise & appoint that my s*^ Grand Child John Tufton or his heirs shall well ik truly pay or Cause to be paid unto my Grand Child Mary Tufton his Sister out of y^ Mannors Messuages Lands & Tenem'^ by me bequeathed unto him as aforesaid y^ sume of five hundred pounds of Lawfull money of England for her better pre- ferm' & advancement in Marriage the same to be paid unto her or her Assigns within one year next after y* day of y* Marriage of the said Mary Tufton without fraud or Covin, provided alsoe & my further will Minde & meaning is & I doe hereby devise & appoint y* in Case my s'* Grand Children John Tufton, Ann Tufton, Rob' Tufton and Mary Tufton ; or any of them shall refuse or be unwilling to take & Accept of my s** Brother in Law John Wol- aston, or such person or persons as he shall appoint to be in his or their Guardians or Guardians after the decease of my wife, dure- ing their or any of their Minorities, or if in Case my said four Grand Children or any of them, their or any of their heirs Execuf^ Adm" or Assignes or any of them shall at any time or times after my Decease by any wayes or means whatsoever sue vex molest trouble or prosecute my Execut"^* or Administ'* for the sume of one Thousand pound of Lawfull money of England which was here- tofore deposited in my hands by Joseph Tufton their Father or for any part thereof y' then & from thence forth in Either of those Cases y^ Legacies & bequests by me given and bequeathed to such of my said four Grand Children & to his or their heirs as shall soe offend Contrary to the true meaning herein before declared shall be voyde & of none effect as if y^ same had never
lO NEW HAMPSHIRE WILLS
been Expressed in this my Will And that then alsoe and in such Case I give devise and bequeath, all & Every the Messuages Lands Tenem" hereditam'* Mony Goods & Chattells whatsoever betbre or hereafter in this my Will Given devised or bequeathed Unto Such of my Grand Children and their heirs, which shall soe disobey my true meaning herein before declared unto my Loving Cosin Doctor Robert Mason Chanceller of y® Diocesse of Winches- ter & his heirs and Assignes from hence forth for Ever.
Item I give devise & bequeath all and Singular my Messuages Lands Tenem'* and hereditaments with their & Every of their App" lying & being within the Realme of England or elsewhere, not bequeathed by this my will unto my Loveing wife Ann Mason and her Assignes for and dureing the Tearm of her Naturall Life and after her Decease to my abovesaid Brother in Law John Wol- leston and his assignes for & dureing y* Joynt lives of my said Daughter Ann Tufton and her now husband upon trust & Confi- dence Nevertheless that the said John Wolleston & his Assignes shall pay and disburse the rents and profitts of the said p''misses and every part thereof for and towards the proper Maintenance and stay of Liveing of and for & y® said Ann my Daughter and noe otherwise. And in case my said Daughters now Husband shall dye and depart this Life in the life time of my said Daughter Ann Tufton, then and from thenceforth I Give devise & bequeath my s*^ last menc'oned Messuages Lands Tenements and heredita- ments Every part thereof unto my said Daughter Ann Tufton for & dureing y'= Tearm of her naturall Life, and from & Imediatly after y* decease of my said Wife and Daughter and of the longest Liver of them then to my said Grand Children John Tufton Ann Tufton Rob' Tufton & Mary Tufton and to their heirs & Assignes for Ever and to none other use intent or purpose whatsoever under the provisoes & Conditions nevertheless herein before declared.
ffinally I doe hereby revoke Countermand and make voyde all former Wills Testaments Codocills Exec" Legacyes & bequests whatsoever by me at any time made Named given, Willed, or Appointed, before the makeing of this my will willing & mindeing
NEW HAMPSHIRE WILLS 11
that these presents Onely shall stand and be taken for my Last will «& Testament and none other, saveing & reserveing unto my selfe nevertheless full power and Authority to make add or annext hereunto one or more Codicill or Codicills at my free will or pleasure any thing whatsoever before in this my Last will and Testament Expressed to the Contrary thereof in any wise Notwith- standing,
In Witness whereof I the said Cap* John Mason the Testator, to this my present Last Will and Testament being written in fourteen sheets of paper with my Name Subscribed to Every sheet ; have sett my seale the six and Twentyeth day of November Anno. D'ni One Thousand six hundred Thirty ffive & in the Eleaventh Year of y^ Reigne of our Soveraigne Lord Charles by y* Grace of God King of England, Scotland, ffrance, and Ireland, defender of the faith &c. And in Case my said Grand Children John Tufton & Robert Tufton shall both dye in y'^ Life time of my wife without Issue of their or either of their bodyes Lawfully begotten ; then I Give & bequeath all my Mannors Messuages Lands and Ten- nements by me given to my said two Grand Children or Either of them unto my wife dureing y*^ Tearm of her naturall Life and after her decease to my Daughter Ann Tufton dureing y^ Terme of her Naturall Life ; and after both their deceases then to such person and persons as the same is mentioned to be given and
bequeathed unto by this my will.
John Mason
Signed, Sealed, published & declared by the said Cap' John
Mason the Testator as his Last will & Testament on the day and
year above written In y^ presence of us whose Names are here
underwritten
Tho : Noell
Mathevv Mason
J fferrett Not'^
Probatum fuit Testamentum supra scriptum Apud London Coram ven'^" viro Magistro Willo. Clarke legum Dre — surr ven-
12 NEW HAMPSHIRE WILLS
erabili viri D'ni Henrici Martin militi legum etiam Doctoris Ciirice prerogative Cant Magistri Custodis sive Comissarii legitime Con- stit vici'mo sc'do die IMensis Decembris Anno D'ni Millesimo sexcentessimo Tricesimo Qiiinto Juramento Annee Mason relictis dicti defuncti et Executricis in hujusmodi testamento nominat Cui Comissa finit Administratio oium et singulorum bonorum Jurium et Creditorum d'i defuncti de bene et fidlt'r Administrando eadem ad s'ti Dei Evangelia Jurat.
Sadler 127 Q^ Tho : welham Reg"* Dep'-^
Tertio/Examinaf
Pro : New Hampsh'
A True Copia from the Superiour Court files Compared the 21'* March 1704/5
'^ : Theodore Atkinson Cler : [Court Files, Allen vs. Waldron.]
The Doposition of Stephen Biles and Joseph Mason.
The said Biles aged about thirty five years and the said Mason about fifty eight years both Testifieth and sayth that in March 1650 we were both at the house of mistriss Ann Mason in London the relict of Cap' John Mason Deceased and saw a branch of his will wherein he made his Said wife Ann Sole executrix and after that died it being his Last will and further these Deponants Saith not
Testified upon Oath before me
Jo Endecott Gov''
That what is above written is a true Copie Compared w*** its originall so signed & produced in the Gennerall Court of the Mas- sachusetts in new England by m' Joseph Mason may 1652
Attest' Edward Rawson secret
[Council Book i. p. 37.]
NEW HAMPSHIRE WILLS 1 3
JOHN PHILLIPS 1641/2
[Inventory, March 20, 1641/2 ; amount, £17.0.2; taken by George Smith and John Dam. J
[Court Records, July 5, 1643, in Deed, vol. i, p. 16.]
Hateevill Nutter & Edward Starbuck administrators apo3'nted by the Court the 28'^ of 5° Mo : 1642 to sell the goods of John Phillips deceased & to pay his debts & to returne the overplus if any bee
[Court Records, July 28, 1642, in Deeds, vol. i, p. 11.]
[Account of liabilities settled by the administrators ; amount, £17.4.4.]
[Court Records, July 5, 1643, i" Deeds, vol. i, p. 16.]
THOMAS WILSON 1642/3 EXETER
In the name of God Amen.
To all Christian people unto whom theise presents shall come greeting knowe ye that I Thomas wilson of Exeter being very sick & weake of body, ...
my loveing wife & deere children I com'end unto the grace of God & to the oversight & watchfull eye of my Christian brethren of the Churches of Roxbury Hampton & Exeter or where it shall please God to call them. And for my worldly goods I do give & bequeath them in manner as followeth, viz : to my loveing wife I give & bequeath my dwelling house & new frame wth the millne & all lands & meddowes there unto belonging dureing the time of her widdowhood ; & the use of all my Cattle & moovable goods for the bringing up of my children ; & if in case she shall marry againe then to have her thirds thereof & to leave them to my Sonne Humfrey ; or if she shall dye a widdow then it to come to my Sonne Humfrey also : And I likewise give & bequeath unto
14 NEW HAMPSHIRE WILLS
my Sonne Samuel, cS: to my sonne Joshua, & to my daughter deb- orah & my daughter Liddey, either of them ten pounds the peece to be paid at the age of 21 yeares or day of marriage, out of the mill house & lands, by my wife or sonne Humfrey in whose hands it shall then be. I do further give & bequeath unto my sonne Humfrey all my right & interest of house & land wch I bought of m' needam. And if it please the Lord to take away my wife be- fore my foure yonger children come to age or any of them, then my sonne Humfrev to provide for theire nurture & bringing up out of his owne dowry. I do further give & bequeath unto m)- two Sonnes Samuel & Joshua foure thousand of pipestaves to buy either of them a bullock. And in witnes of this my last will & testament, I have hereunto set my hand this 9^ day of the 11° mo 1 64 2 .
witnesses : A hand.
Edward Hilton John Smart John Legat John Richardson
Deposed in Court the 20"^ of the 7" 1643.
Increase nowell
To all Christian people unto whom these presents shall come greeting,
Know yee that we whose names are here underwritten, being present by & witnesses unto the last will & testament of Thomas Willson of Exeter late deceased do to or best understanding & apprehension take this wch followeth to be the true intent & meane- ing of his last will & testament, Viz : Unto his eldest sonne Humphrey for the present he did give & bequeath all his right & interest of house & lands wch he boucrht of m' needham. Unto Samuel Joshua deborah & Lidde either of them ten pounds the peece to be paid at the age of 21 yeares or day of their marriage out of the house & lands & mill, by his wife or Sonne Humfrey in whose hands it shall then be, moreover, he did give & bequeath
NEW HAMPSHIRE WILLS I5
unto his sons Samuel & Joshua for the present either of them two thousand of pipestaves the peece to buy either of them a bullock, moreover unto his wife Anne he did give & bequeath his dwelling house new frame & mill w'*" all lands and meddowes thereunto belonging dureing the time of her widdowhood, & if in case she should marry againe then to have her thirds thereof & to leave the rest of them unto his Sonne Humphrey or if she shall dye a widdowe then they to come to Humphrey also & he to provide for the nurture & bringing up of the foure yonger children, ffurther- more he did give & bequeath unto his wife Anne to be his sole Executrix to receive & pay all debts & to have all his cattle & moveable goods for the bringing up of his foure yonger children & for the adding unto theire portions as shee should see meete. dated the iS"" day of the last month 1642.
Edward Hilton John Richardson John Legat
This explication was taken & allowed by the Court uppon the testimony of John Legat, & John Richardson, abovenamed & subscribed
Increase nowell
[Suffolk County, Mass., Probate Files.]
JOHN WHITE 1646
[Order of Court, Aug. 26, 1646, to John Reynolds and Robert Mussell to take an inventory and setde the estate of John White.] [Court Records, Aug. 26, 1646, in Deeds, vol. i, p. 36.]
[Inventory; amount, £4.14.6; taken by William Everard and Reynold Fernald.
Inventory of property held in partnership by Robert INIussell and John White ; amount, £19.14.5.]
[Court Records, Aug. 26, 1646, in Deeds, vol. i, p. 36.]
^^ NEW HAMPSHIRE WILLS
JAMES WOODWARD 1647
Certaine Instructions & directions from Jafnes Woodward this 27'" of the 4"' m» Called June 1647.
Impr. John Sherborne owes me 5' to be payd on Michalmas Day next (so Called) in the moneth of septemb. w'^^'^ in Case It be not payd he must pay six pound/
It he sayth That he hath served m^ Williams of Saco Almost A yeare for w"^^ he Expecteth sevene pounds.
whare Also he sayeth he hath Two Barrow swine of A yeare ould and better, Allso A Sow of the same age & Two yonge shotts of halfe A yeare ould.
Itm he sayth That Tho : Warner oweth him 4' for worke of building.
Itm. due to Thomas Warner for A Red wastcote 6' Itm He sayth that he hath at m^ Williames thes ^ticuler things As A Coate wastcote breeches 3 napkins w^'^ 3 napkins w"^ the Rest 01 my Lmine I give to Lyddia Williams. Itm he giveth to m^ Bacheler Twentey shillings.
Itm he desireth to be Cht-istianly buryed in Case he dye And Afterward what Remayneth of his estate he bequeaveth to William Chatterton whome he makes his Executor. Who also Appointeth the sayd m^ Bachiler & Roger Knight to be overseers of this his sayd will and Testament That they see It fformed Accordingly.
James X Wooward hisscribled marke Witness to this Testamentory writeing
Stephen Bachiler
Roger X Knight his marke
Andrew Leyfers marke
An'!it"V"'' ^\^p°"^^^ ^'^^ ^" Dover the 10- of the 7- m° 1647 And the Courte Allowes of It to have It Recorded.
? me George Smyth recorder [Court Records. Sept. 7. 1647. in Deeds, vol. i. p. 39.J
NEW HAMPSHIRE WILLS I7
SUSAN CRAWFORD 1649
At the foresaide Courte, the administration of the goodes of Susan Crawforde deceased daughter of Steephen Crawforde also deceased, is granted Unto Sarah Crawforde, the daughter of the saide Steephen Crawford. {| ||
and this Courte doth order, margarette willey the mother of the saide Sarah & Thomas willey the husband of the saide margarette, to be gardians Unto the saide Sarah, her daughter, and that they are to give a trew & juste accompte of the saide administration unto any Courte to be holden for Dover when they shall be required.
[Court Records, Oct. 6, 1649, in Deeds, vol. i, p. 66.]
It is ordered by the Courte, and agreed between william Seavie & Thomas Willey & margaret his wiefe on the behalfe of Sarah Crawforde the daughter of Steephen Crawford Deceased, and the said margarett as followeth : That whereas there is in the Custodie of the saide William Seavie the some of thirtie pounds now dew unto the saide Sarah Crawford y' is ordered that the saide William Seavie shall bringe the saide thirtie pounds into this Courte, or otherwise to paye it as this presente Courte shall further order the same :
It is ordered by this Courte that the foresaid William Seavie shall paye unto the foresaide Thomas willey & the saide margaret (whoe are gardians unto the said Sarah Crawford.) the forsaide thirtie pounds in manner followinge that is to saye XV' in Cattell, VHP in linen & wollen Cloth, to be praised by one man to be chosen by william Seavie, and one other man to be chosen by Thomas willey, and by william Store marshall, and the other Vir in currant money.
[Court Records, Oct. 8, 1650, in Deeds, vol. i, p. 74.]
[Bond of Thomas Willey, with William Beard as surety, in the sum of £50, for the execution of the trust above mentioned. In a marginal note it is stated that William Beard was discharged from this bond Jan. 28, 1654/5.]
[Court Records, Oct. 8, 1650, in Deeds, vol. i, p. 74-]
l8 NEW HAMPSHIRE WILLS
HENRY TAYLOR 1649
[Administration on the estate of Henry Taylor granted to John Webster July 5, 1649.]
[Court Records, Oct. 6. 1649, in Deeds, vol. i, p. 67.
JOHN MOULTON 1649/50 HAMPTON
The last will & testam' of John Moulton of Hampton beeing in his perfitt sences Doth will & beequeath as ftolloweth : Imp to my Sonne Henry IMoulton tenn acres of fresh marsh by the beach on y* South side of the river ; Item one acre fresh marsh w<^^ is given him for a way butting uppon his bridg towards the South and y® upground towards the north. It : give tenn acres & a halfe of Salt marsh butting on Willi iTullars towards y® south west, & y* river towards the east liing in the south side of Willi Sanborne. It : I give to henry tenn acres of upground : in y^ East feild in y* East side of Willi ffifeild, & one share of com'onage att my decese : It : I give to Ann my wife my house & house Lott, & ten acres liing att y® end of y® sayd house Lott & seven acres of fresh medow more or lesse in the west medowes, two acres of ffresh medow liing on y® South side of my Sonn Henry's fresh medow att y* beach, & tenn acres of Salt marsh & halfe liing on y* South side being more or less, & five acres of salt marsh that is yett to bee appointed, all this I doe give to my beeloved W3'fe duering hir life It : I doe make my wyfe my Sole Executrix & doe give to y* say'd Ann my wyfe all my cattell, & all my move- able goods, excepting one calfe to John. The rest to hir disposeing according to hir discression : It : I give to my Sonn John Moul- ton after m}' wyfes decease the house, & house Lott, & the tenn Acres adjoyning to itt : It : I give to y^ say'd John my Sonne two Cowe Com'onages. It : I give to my Sonne John one Oxe com'onage It : I give to my Sonne seven acres of fresh medow more or lesse in y* west meddowes. It : I give to my Sonn John tenn acres of Salt marsh more or less liing on y^ south side of my
NEW HAMPSHIRE WILLS
19
Sonne Henry's & five acres of Salt marsh vv'='' is yett to be ap- pointed) all these several guifts I doe give to my Sonne John after my wyfe's decease w^ this ^viso y' w"'in one whole yeare after my wyfe's decease my sonne John shall pay or cause to bee payd five pounds to my daughter Jane Moulton, & in two whole yeares after my wyfe's decease five pounds to my Daughter Bridgett & in case my Sonne John doth not pay unto his two sis- ters afore sayd y^ tenn pound, then my will is my two daughters shall have the two acres of fresh marsh liing on 3'^ South side of my Sonne Henry's, & tenn acres & halfe of Salt marsh more or lesse liing on y^ South side of m}-- Sonne Henry's marsh, & in case my Sonne John doth die before hee bee possest, of thes house & lands then m}'- will is y' the house & all the lands shalbee equally divided, to all my childeren excepting Henry. And I give twelve acres of upland more or less in y® East feild, on y^ east side of willi Esto's twelve acres to bee equally devided between Mar)' Samborne & my daughter Ann, & my daughter Jane, & my daughter bridgett, & I give unto my Sonn Samborne tenn acres of Salt marsh w"^ is yett to bee appointed, & I give to my Sonne Samborne fower acres of Salt marsh liing on y^ South side of Cristopher Pallmers, & y® north side of my Sonn Henries) It I give in to my daughter Ann three acres of fresh marsh att y^ beach next John Brownes, fresh meddow. It : I give to my daugh- ter Ann tenn acres of salt marsh w"^ is yett to bee appointed : Also my will is y' my Sonne John shall have a way to his ten acres & a halfe of Salt marsh through his brother Henry's Salt marsh this I doe confirme to bee the true intent of my will witness my hand this p^'sent day being y® (2^^) of January (1649)
witnessed to this by mee John Moulton
Robert Tuck
Willi Estowe
[Proved Oct. i, 1650.]
[Norfolk County, Mass., Deeds, vol. i, p. 7.]
20 NEW HAMPSHIRE WILLS
STOCKDALE CUDDINGTON 1650 HAMPTON
[Administration on the estate of Stockdale Cuddington of Hamp- ton granted to his oldest son, John Cuddington, April 7, 1650.] [Norfolk County, Mass., Court Records.]
ANTHONY SADLER 1650
[Administration on the estate of Anthony Sadler granted to his widow, Martha Sadler, Oct. " i"' 3*^ day," 1650. The court reserved £10 out of the estate for the use of her child, then unborn.]
[Norfolk County, Mass., Court Records.]
THOMAS TURPIN 1650
[Administration on the estate of Thomas Turpin granted to Wil- liam Paine Oct. 8, 1650.]
[Court Records, Oct. 8-10, 1650, in Deeds, vol. I, p. 75.]
EDMUND JOHNSON 1650 HAMPTON
[Inventory of the estate of Edmund Johnson of Hampton, taken by Robert Page, Robert Tuck, and Jeffrey Mingy March4, 1650/1 ; amount, £111.19.0.]
[Essex County, Mass., Probate Files.]
[Administration on the estate of Edmund Johnson granted to his widow, Mary Johnson, April 8, 165 1.] ' [Norfolk County, Mass., Court Records.]
[Order of court Oct. 7, 165 1, that the children have the follow- ing portions out of the estate : Peter Johnson, the oldest, £32 at the age of twenty-one, John Johnson £16 at the age of twenty- one, James Johnson £16 at the age of twenty-one, and Dorcas Johnson £16 at the age of eighteen or day of marriage with her
NEW HAMPSHIRE WILLS 21
mother's consent. Thomas Coleman, step-father to said children, was ordered to give bond in the sum of £80, and to bind over the house and land in Hampton belonging to the estate for these pay- ments, and he was to pay the cost of educating the children, having them taught to read and write.] [Norfolk County, Mass., Court Records.]
Wheras at y* C^ourt held at Hampton the (7"^) of y^ (8^) m" ; 1653 It was ordered y' y^ Childeren of Edmond Jonson late of Hampton deceased should have out of their fathers estate for their portions as followeth viz Peter Jonson the eldest thirty two pounds att y® age of one & twenty years John Jonson sixteen pound att y® age of one & twenty years James Jonson si.xteen pound att y^ age of one & twenty years & Dorcas Jonson sixteen pound att y® age of eighteen years or at y® day of hir marriage w"" hir mothers consent w*"^ of y"" shall first happen.
Know yea that I Thomas Coleman father in law [step-father] unto the aforesaid Childeren doe by these p'"sents bind my selfe my heires Execute" & Administrato" unto y® goverm' of y® Massachusets in Newengland in y^ full & intire some of fower score pound of cur- rant money to pay the aforesa3'd Legasies unto the aforesayd Chil- deren respectively or according to y® order of y* Court abovesayd As also to bee att the charges of y^ Educacon of the sayd childeren and to have them taught to write & read. And for y^ more sure "^formance of y^ p''misses: according to y^ order of y^ sayd court I doe with the full & free consent of Mary my wyfe (mother unto y^ sayd Childeren) binde over in security (unto the sayd Goverm') for y^ Wormance of y* sayd Legasies or portions allotted unto the sayd childeren by the Court aforesayd as also for their educacon as aforesayd all those lands that did belonge to the aforesd Edmon Jonson liing & being w^in y« bounds of the towne of Hampton aforesayd & now in y® possession of mee the sayd Tho : Coleman : As namely eight acres of Salt marsh butting uppon y« great Oxe Com'on on y" : E : Tho : Moulton on y" (S : W) Edward Colcord on y^ (N. E) y« town wast. And three acres of fresh medow butting uppon y« great Sault marsh on y" (N E) Jn" Wedgewood :
22 NEW HAMPSHIRE WILLS
(N) the land of Tho : Moulton (S). And six acres of fresh medow bounded in w"* a ditch wilH ; Maston on y^ (S W) willi Cole on y* (N. E.) & a highway to y« Oxe common (N) And fower acres more of fresh medow joyning to Robert Tucks on y^ (NW) & Phile:Dalton on y* (S) & Tho: Ward (N) : And eight acres more of Salt marsh att y^ falls butting uppon y® River towards the beach : Twelve acres of upland liing in y® (E) feild willi : Samborn on y^ (S) and a Swamp on y* (N) and land of Jn* Huggings on y® (E) and a high way on y® (N) And a houselott tenn acres The street on y® (N) willi : Samborn on y® (S°) Tho : Smith on y* (E) and y® meeting; house uppon y® (W). And halfe an acre of Land planted w'*" Apple trees joining to Jn° Red- mans on y* (S) & the street on y® (N) To y* "^formance of all vv'^Ji ye abovesayd condicons I the said Tho : Coleman doe hereunto' sett my hand & scale this (16'*') day of y® (8''') m° 1653
Tho : Coleman w''' a Scale to itt
Signed Sealed & delivered to use of y* goverm' aforesaid in y®" p''sence of us.
Tho : Bradbury
Wymond Bradbury
Jacob Hooke
This was acknowledged in Court by Tho : Coleman to be his- act & deed, Salisbury y* (12'^) (2^) m° 1654
Tho : Bradbury rec*^ [Norfolk County, Mass., Deeds, vol. r, p. 31.]
GEORGE WEBB 165 1 DOVER
[Administration on the estate of George Webb of Dover granted to George Smith April 8, 165 1.] [Norfolk County, Mass., Court Records.]
[Further time was allowed the administrator to bring in an. inventory of the estate, Oct. 7, 165 1.] [Norfolk County, Mass., Court Records.]
NEW HAMPSHIRE WILLS 23
DARBY FIELD 165 1
[Administration on the estate of Darby Field granted to Ambrose Gibbons Oct. i, 165 1.]
[Court Records, Oct. i, 1651, in Deeds, vol. i, p. 91.]
JAMES NICHOLS 1651
[Administration on the estate of James Nichols granted to Wal- ter Knight Oct. i, 1651.]
[Court Records, Oct. i, 1651, in Deeds, vol. i, p. 91.]
THOMAS CHASE 1652 HAMPTON
[Administration on the estate of Thomas Chase granted to his widow, Elizabeth Chase, Oct. 5, 1652.] [Norfolk County, Mass., Court Records.]
[Inventory of the estate of Thomas Chase of Hampton, dated June 2, 1653 ; taken by Robert Pay, Abraham Perkins, and Wil- liam Fifield ; amount, £111.18.10 ; attested by Elizabeth Chase, the widow.]
[Essex County, Mass., Probate Files.]
[Order of court Oct. 4, 1653, that the five children of Thomas Chase of Hampton shall have out of their father's estate these amounts : Thomas Chase, the oldest, £16, and Joseph Chase, James Chase, Isaac Chase, and Abraham Chase £8 each, when they are twenty-one years of age. The widow, Elizabeth Chase, gave bond in the sum of £50, with Thomas Philbrick and John Cass as sureties.]
[Norfolk County, Mass., Court Records.]
[Order of court, Oct. 3, 1654, with the consent of the adminis- tratrix, that the children's portions be paid out of the lands.] [Norfolk County, Mass., Court Records.]
24 NEW HAMPSHIRE WILLS
[Order of court, Oct. lo, 1665, appointing Christopher Hussey, Ensign John Sanborn, and Thomas Philbrick, Jr., a committee to divide the estate among the children, with the consent of the administratrix, she to have £4 out of the lands.]
[Norfolk County, Mass., Court Records.]
[Guardianship of Isaac Chase granted to his brother, Thomas Chase, April 9, 1667.]
[Norfolk County, Mass., Court Records]
JOHN CROWDER 1652 PORTSMOUTH
It is ordered by the Courte that m"" Brian pendleton & m'' Rich- arde vvalderne shall take the accompte of vvilliam Storer of John Crowders estate, and they shall take that estate into their hands which they finde in his hands and dispose of y' to the creditors as they shall see in their judgment moste fitt.
we whose names are under written beinge appointed by the Courte laste holden at Strawberey bank the 8 of October 1652 to dispose of a certaine "l^cell of goodes in the hands of william Storer marshall of Dover which did belonge once to John Crowder of strawberey bank deceased
In primis wee order to the marshall for his paines & service & venturinge his life thereby five shillings
secondly whereas there is more remayninge to the valew of thirtie shillings & two pence, wee order it wholy to m"^ hugh Crim- son because we finde the saide Crowder was indepted to him
Dated this • 5 . of march . 1652. /
"^ us Brian pendleton
Richarde waldern [Court Records, Oct. 8, 1652, in Deeds, vol. i, p. 9S.]
HENRY PLIMPTON 1652
[Administration on the estate of Henry Plimpton granted to Thomas Canney Oct. 8, 1652.]
[Court Records. Oct. 8-10, 1652, in Deeds, vol. i, p. 98.]
NEW HAMPSHIRE WILLS 25
EDWARD TUCK 1653 HAMPTON
[Order of court June 14, 1653, that the two children of Edward Tuck of Hampton shall have out of his estate as follows : Edward Tuck, the older, 40 marks at the age of twenty-one, including the house, and all the lands, meadow, upland and commonage men- tioned in the inventory ; and John, the younger, 20 marks at the age of twenty-one. The widow was to have the rest, and was to have the use of £40 until the children w^ere of age, she having them taught to read and write.]
[Norfolk County, Mass., Court Records.]
RICHARD KING 1653 PORTSMOUTH
[Administration on the estate of Richard King of Piscataqua granted to Brian Pendleton Oct. 4, 1653.] [Norfolk County, Mass., Court Records.]
WILLIAM WEYMOUTH 1654
Robert waymoth is by order of this Court . . . Adminis- trator for his Brother william waymoths estate — dessesed [Court Records, June 27, 1654, in Deeds, vol. 2, p. i.]
BERRY 1654
It is ordered by this Court that Jane Berr}' is Administratour for hir husbands goods. Dessesed
[Court Records, June 28, 1654, in Deeds, vol. 2, p. 2.]
GEORGE ABORN 1654 HAMPTON
George Habone of Hampton in his last sicknesse a litle before his death did give & bequeath all his estate to susanna Habone his
26 NEW HAMPSHIRE WILLS
wife we being present. In witnesse whereof we have hereunto set
our hands S"" 3*^ 1654.
The m'ke
X
John IMarion Samuel Wheelwright [Proved Oct. 3, 1654.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, %'ol. I. P- 35-]
[Inventory of the estate, taken by Thomas Leavitt and Robert Smith, May 26, 1654; amount, £126.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. I. P- 35-]
JOHN WEDGWOOD 1654 HAMPTON
The last will & testam^ of John wedgwood of Hampton In y* name of God Amen : The twentie fourth day of y® month of November one thousand six hundred fiftie fower I John wedg- wood husbandman of Hampton in y® County of Norfolke being of whole minde & in good & '^fect remembrance Laud & praise bee unto Allmighty God make & ordaine this my p'sent Testament concerning herein my last will in manner & forme following that is to say first I com'end my soule unto Almighty God my Maker & my redeemer Item I bequeathe to my eldest Sonne viz John my house & land att Exiter viz (12) acres of upland & fower acres of meadow more or lesse, also a certaine l^cell of meadow liing att Puscasicke, & one hundred & fifty acres of upland liing next M' Edward Hiltons the w"^ y* said John shall have after the decease of his Grandmother butt in case my said Sonne dye before hir then my wyfe Mary to enjoy, & as she see cause to dispose of it for hir owne benefitt & my childerens then liveing Item my house & lands att Hampton the whole upland being fifteen Acres & in fresh meadowe fower & salt marsh five, is to bee divided one halfe to my said wyfe & the other halfe to my two Sonnes Jonathan &
NEW HAMPSHIRE WILLS 2*J
David att y® age of twenty one years, in y^ meanetime my wyfe to Enjoy all & after hir decease all be wholy theirs : It : to my Daughter Mary if y' she marries before hir mothers decease one kettle, & to Jn° my gunn, & Jonathan my sword : It : to my daughter Abigail & my Sonne David two Oxen the which are to be sould to their use & one Iron pott to my said daughter last men- tioned It : ther being nineteen hundreth foot of board att Exiter they are to satisfie my true and Lawfull debts, w*^*" quantity if they will not suffise that then the rest to be satisfied out of y® bequests above said ^portionably : And of this my p''sent Testam' I make & ordaine y* said Mary my wife my Executrix. And of y* Exe- cucon of y* same I make & ordaine willi : ffifield & Henry Moulton overseers, & I utterly revoake & adnull all & every other former Testam'* wills Legasies & Bequests, Executo", & over seers by mee in any wise beefore this tyme made, named, willed, & bequeathed : witnesses
Seth ffletcher
Willi ffifeild
Henry Moulton
[Proved April lo, 1655.]
[Norfolk County, Mass., Deeds, vol. r, p. 43.]
DANIEL MAUD 1654/5
I Daniel Maud in som weakness of body but in p'fect memory,.
not knowing the time of my removall out of this earthly taber-
nackle do here desire to make this my last will & testament com-
, ending my soule into the handes of my Almighty Creator, & most
& mercifull redemer and my body to be layd in the
place of ordinary buriall near to my last wife desiring the Lord mercyfully provide for his people som such as may hold in the work he hath among his people here w'" a greater blessing than yet hath been among them and for this end and wishing to leave
28 NEW HAMPSHIRE WILLS
such few bookes as I have for the use and benefit of such a one as may be fitt to have improvement especially of those in the Hebrew tonge, but in case such a one be not had, to let them go to som of the next congregation as may have the use of them as York or Hampton becawse learning is so much out of relish w''^ disuse. Excepting one booke titled Derpnosophistanom w'^'^ I want have left for Cambridge Library, and my little Hebrew bible for M"' Brocke, or any inferiour bookes for learning of Hebrew, or to read in learning. And for my wife's 4 children seing I received som of her debts since my marriage of about 11 £ to have (of my estate not reall) to be comeing to them to the value of twenty markes to be for theire use when they com to capablenesse to improve the same besides what they have had allowed to them in every one a calfe now com to a cowe ; my best outward wearing coate to Mr. Roberts & a cloath gowne w*^*" was my wifes to his wife. Som debts I owe unto ]\P Pendleton, & 14s. to Mr Cutts wh there is 10' in my purse to be coming to him towards the ansuring of, 20' to George Walton w^ Tho : Beard hath undertaken to satisfye for me, 4' to goodwife Tucke of Hampton & 5' to the french Doctor wh there is sugar in my closet to satisfie for, wh I desire may com to them & 2' to one George Field then dwelling in boston but he was removed fro*" thence as was sayd to Sudbury w'^'* I owed him for som comeing hence of som comodit3'es hither from Boston Somthing I am indebted to Mr. Newgate about 7' and od. to Mr. Usher for som bookes w'^^ I desire may be returned to them, this is that I can in p^'sent call to mind I desire my well beloved friendes Mr. Drake, William Daveport & John Hall to undertake . . . le with them for their satisfaction of, if there be any remayning to bee in part taken to theire owne use or to such as are are at want hereabout, one thing there is of som greater , importance w'^ is a little tractate wrapped up in my deske w^ I would have committed to Mr. Brock to put into the handes of Mr Davenport who as I heard is intended to go for England that he would peruse, and for putting it forth I would leave it to his wise & godly ordering ofw^h I thinke there is a truth of God in, & som
NEW HAMPSHIRE WILLS
29
benefite to redound to som by. There is a booke of Mr. Nor- tons w'^^ is intitled the Orthodox Evangelist w*^'' I would have my sister Cotton to have — and an other booke I borrowed of mv bro : Cotton w'^h is to come to his son Seaborne. Som others agaynst Antichristian Idolatry w^h I shal leave upon the . . . together w'^ ... in the house [?] for Sara that is w''' me I should desire to that w'^h she have received ful satisfactione when her time is out w*^*" wil be about the 7 of the next month, and a little booke w'^h was my wifes & a cheese in the closet w'^h Mrs. Miller [?] brought me the last weeke.
Susan Halstoe & his brothere & Sister and Sister in law who have no need of supplyes fro'" me, I desire to be heartily remembered to them, they are all in years. And this is that I have in p'^sent to say. In witness whereof I have set to my hand and seal, this 17*^ of this ii'*' month 1654
(I give my favorit or best hat?) to Elizabeth Cotton som other to Joseph and one to Sarah
In presence of theise underwritten By Me Daniell Maud
William Wentworth [Seal]
Job Clements
[Proved Jan. 26, 1655/6.] [Probate Records, vol. i, p. i.]
EDWARD OILMAN 1655 . EXETER
[Administration on the estate of Edward Oilman of Exeter granted to his widow, Mary Oilman, April 10, 1655, and she was ordered to produce the consent of her children to the disposal of the estate by the county court according to a deed of the deceased.
Moses Oilman gave his consent as above Jan. 11, 1654/5, and John Folsom, Daniel Cushing and John Leavitt, Sept. 29, 1655.]
[Norfolk County, Mass., Deeds, vol. i, p. 45.]
30 NEW HAMPSHIRE WILLS
[Inventor}', attested Oct. 2, 1655; amount, £211.0.0. John Leavitt is mentioned as at Hingham, Mass.]
[Essex County, Mass.. Probate Files, and Norfolk County, Mass., Deeds, vol.
I, p. 45-]
WILLIAM ESTOW 1655 HAMPTON
In the name of God Amen y" (16"^) of y^ (8'^) m" in y« yeare of o"' Lord god 1655 : I William Estow of y* towne of Hampton in y* County of Norfolke being of whole minde & in good and "^fect memory laud & prayse bee unto Almighty god maker & redeemer. This my p'sent testament concerning herein my last will in manner & forme following that is to say I commend my soule unto Almighty god My maker & Redeemer, & my body to y* grave, I bequeathe unto my sonne-inlaw moris Hobbs & my daughter Sarah my house wherin hee dvvelleth and the Lott therunto belonging w"^ two shares of Cow com'ons and one of 3'® Oxe Com'on with all privilidges that belong to y^ two shares of y*" Cow Com'on, also an acre of sault marsh more or less at y® severals Item tenn acres of land more or less to my two daughters equally to bee divided betwixt them Sarah to have the south side toward Christopher Palmer w*^" land joyning to y® house Lott : It : one share of the Cow Com'on to my daughter Mary. It : twelve acres of upland more or less liing in y^ Mill field equally to bee divided betwixt my two daughters with y^ Swamp att y^ end of it Sarah to lie on y* west side Item I bequeathe unto my daughter Mary eight acres of Salt Marsh & to my daughter Sarah nine acres this "^cell to be equally divided for quallity according to quantity : y* marsh of Christophers on y* East It: twelve acres of fresh meadow I give unto my two daughters equally to bee divided betwixt them it Joyning to Christopher Palmers on y^ southest Item to my Daughter Sarah Hobbs fower Oxen & tw^o cowes w'^*' is old gentle & blackish & one yearlin heifer : And I give unto my grandson John Hobbs one heifer of two years old, & the said Jn° Hobbs to give unto his sister Sarah y^ second calfe
NEW HAMPSHIRE WILLS 3 1
that this heifer shall bringe & I give unto him my gunn : Item I give to my daughter Mary Marston al y® rest of my cattell w'^ is 3 Cows w*^^ is old brown, old cole & young gentle & i heifer . 2 : year old & i bull & 3 calves Item I give unto my daughter Mary Marston seven bushells of wheat : It : I give unto y^ chil- deren of willi : Moulton forty shillings w'^'' is tenn shillings to eatch of them to bee payd in fower yeare the eldest to have y* first tenn and y® rest according to their age yerely : Item I give unto my my daughter Sarah Hobbs all y^ rest that is not in my will and farther more I give unto my Sonne-inlaw Tho ; Marston the farthermost stack of Salt Marsh hay that stands in y® marsh & two good loads of fresh hay. And farthermore this is my will that my Son-in law Morris Hobbs shall pay w' debts I am indebted to any & to have & receive what is due to mee from any Revoking & annulling all other & every other former Testam*'* wills Legasies bequests by mee in anywise before this tyme made named willed, or bequeathed any other tyme that is '^perly mine et :
Read sealed & delivered in y® Willi : Estow
p'"sence of us : Abraha : Pirkins willi ; Moulton :
[Proved April 8, 1656.]
[Norfolk County, Mass., Deeds, vol. i, p. 52. A copy is found in the New Hampshire Probate Files.]
[On the back of the New Hampshire copy :]
the 12 Acres in y® mill feild formerly one y® east was tho : Phil- brick
one y® west Moses Cooke butting one y® Roode which gooes to y® beach
Leften Smith one y® weste or westrly bounded on y® river notherly and Christephe Palmer on the South east
the nine and eight acres of Salt marsh
Christopher Palmers one the east buttted one John brounes one y^ north the river one y® west or westrely
32 NEW HAMPSHIRE WILLS
[Inventory of the estate given to his daughter, Mary Marston ; amount. £60.7.0 ; and of that given to his daughter, Sarah Hobbs ; amount, £143.13.0. Debts to be paid to the children of William Moulton, £2.0.0, and to John Redman, £0.2.6.]
[Norfolk County, Mass., Deeds, vol. i, p. 53.]
[Thomas IMarston of Hampton presented to the court at Salis- bury the will of William Estow, desiring the appointment of a committee to divide and set out the land given in the will, and according to the order of the court. The court appointed William Sanborn and Nathaniel Weare as such committee Nov. 14, 1676.]
[Norfolk County, Mass., Deeds, vol. 4, p. 48.]
SAMUEL PARKER 1656
[Administration on the estate of Samuel Parker granted to Emmanuel Hilliard June 25, 1656.]
[Court Records, June 25, 1656, in Deeds, vol. 2, p. 11.]
AMBROSE GIBBONS 1636 DURHAM
The last will & testament of m' Ambrose Gibbins on his sick bed this 11''' of July 1656.*
In the name of God Amen. I Ambrose Gibbins of Oyster River in the Toune of Dover in New England being sicke and weake in Body . . .
Imp'' I Give and bequeath unto my Grandchild samuel sher- burne the son of Henry sherburne now dwelling in the Towne of Portsmouth in piscataquake Rever in New England all my right and Interest of house houses lands meadowes Goods and chattells with all and every appurtenance and Appurtenances of Goods mooveable and unmooveable and likewise all .... bills and bonds which may lawfully be recovered by law due to the said . . . . my true and lawfull executor and likewise .... afore named Henry sherburne be executor w'^ his son samuell —
NEW HAMPSHIRE WILLS
33
with the provisoe the aforenamed Henry and Samuell are to pay unto the said Henry Sherborn* children Elizabeth IMary Henry John Ambrose Sarah and Rebeckah or any more which maybe lawfully begotten by rebeckah sherborne the wife of Henry sherborne being the daughter of Ambrose Gibbins the some of Twenty one pounds starling to witt to the said to every of the fore named children when they Come to lawfull Age the sonn* at twenty one yeares and the Daughters at eighteene yeares and in Case any of these chil- dren should Dy the portion that should have bin theires is to be divided amongst the rest of them that are living In Witnes oi the truth hereof wee whose names are under written have Sub- scribed :
Jonas Bying his marke
his m'^e Ambrose X Gibbins
Tho. X Johnson
william Roberts
That this is A true Copie Compared w"" the originall so signed & left in the Gennerall Courte file at Boston may the 9"" 1657
Attests Edward Rawson Secret
PHILEMON DALTON 1656 HAMPTON
The last will & testiment . . . . The County of north- folke, being sick & . . . bequeath my soule unto God who gave itt & Jesus . . . . :
It I Doe give unto Dorety Dalton my loving wife m}'^ ... a two yeerling heflfer Called Chery : Itt one Swine & two she . . beed in the beed Chamber wth the furniture thear of as itt stands . . Chests & the trunke with the apparrill thearin with the bras & . . & yron potes ; wth the morter pessell wth the speete & basting . . peutei* viz Six platters & a Salt seller & Skillet & for bookes : viz one of mr Burrows Called Gospell worship During terme of her life & the third of all my lands and one of 3
34
NEW HAMPSHIRE WILLS
the Dweling housen as my sonn & shee shall agree During the tearme of her life & the apples of the fouer trees next the Common in the orchard
Itt I Doe give unto my Sonn Samuell Dalton all the rest of . . and housenrom ; with my fouer oxen wth the Cart & furni- ture . . . with all my books wch are not otherwise Dispose of: . . . give unto my Daughter mehetabell Dalton one . . . -owes Concerning Earthly mindedness ....
Ittum I give unto Hannah Dalton heffer
Called hart : & I Doe give unto my wife .... of the last Crop both Indian & English : and barne ... & hay and rome to sett her Cattell in the leantow During term . her life and the Hake : and for the Confermation of this my last will & testiment I have hereunto sett my hand & seale having apointed my sonn Sameuell & my wife as my lawfull Excequetors to this my last will, whearunt I have sett my hand the leaventh of Novem- ber one thousand Six hundred & fifty Six
Signed and Sealed in his
the "^sents of us Philemon Dalton X mark
Abraham Perkins [Seal] & Seele
Timothie Dalton
[Proved Oct. 14, 1662.]
[Essex County, Mass., Probate Files.]
[Inventory of the estate of Philemon Dalton of Hampton, taken by Robert Page, William Godfrey, and Thomas Marston July i, 1662; amount, £261.16.4.]
[Essex County, Mass., Probate Files.]
GEORGE BRONSON 1657
[Administration on the estate of George Bronson, who was killed by a bull July 2, 1657, granted to John Ault and Richard York July 2, 1657.]
[Court Records, July 2, 1657, in Deeds, vol. 2, p. 16 b.]
NEW HAMPSHIRE WILLS
35
HENRY THORNER 1657 WAPPING ENG.
[Administration on the estate of Henry Thorner, of Wapping, Eng., ship-carpenter, accidentally killed by a rolling mast, granted to James Garrett and Edward Thorner Aug. 26, 1657.]
[Court Records, Aug. 26, 1657, in Deeds, vol. 2. p. 20.]
[Inventory was presented Sept. 12, 1657; amount, £171.1.6!; taken by Brian Pendleton and Richard Waldron.]
[Court Records, Sept. 12, 1657, in Deeds, vol. 2, p. 20 b]
WILLIAM SWAINE Jr. 1657 HAMPTON
[Inventory of the estate of William Swaine, Jr., of Hampton, taken by Robert Tuck, John Sanborn, Samuel Dallon, and Will- iam Marston Nov. 10, 1657; amount, £136.4.0; sworn to by Prudence Swaine, the widow, April 12, 1658.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. ijj)^ 76]
EMMANUEL HILLIARD 1657 HAMPTON
[Inventory of the estate of Emmanuel Hilliard of Hampton, appraised Nov. 19, 1657, by Robert Tuck, John Sanborn, and Henry Dow ; affirmed by the widow, Elizabeth Hilliard ; amount, £177.13.6.]
[Norfolk County, Mass., Deeds, vol. i, p. 74.]
[Francis Page of Hampton acknowledges the receipt from Joseph Merry of Hampton of £53.6.8, in behalf of Benjamin Hil- liard and Elizabeth Hilliard, children of Emmanuel Hilliard, it being their share of their father's estate; dated June 23, 1669; witness, Nathaniel Batcheller.]
[Norfolk County, Mass., Deeds, vol. 2, p. 151.]
[Timothy Hilliard acknowledges the receipt from his father-in- law, Joseph Merry, of £53.6.4, it being his share in the estate of
^6 NEW HAMPSHIRE WILLS
his father, Emmanuel Hilliard, dated Oct. 13, 1669; witnesses, Samuel Dalton and Jeremy Jewett.] [Norfolk County, Mass., Deeds, vol. 2, p. 151.]
TIMOTHY DALTON 1657/8 HAMPTON
The Laste will and Tistament of m"^ Timothie Dalton Teacher to the Church att Hampton
Being in Reasonable Helth of body and of Sound and perfect memorie lauded bee God : ffirst I Give and Bequeth unto Ruth Dalton my Beloved wife, the House and land latly purched of Thomas Moulton with all the priveledges therunto belonging to Her and Her Heires for Ever Item I Give and Bequeth unto Her my loving wife a certaine ^scell of medow or march Called or knowne by the name of Burchin Hand to Her and Her Heires for Ever : Ittem I Doe Give unto the sd Ruth Dalton my loving wife all my moveable Goods and Houseold stuf and Cattle : to Her and Her Heirs for Ever
Item I Give and Bequeth unto my loving Brother Phile- mon Dalton and to my loving Cossen Samuell Dalton His Sonn the Some of two Hundred pounds wch is to bee payd to my Assignes from the Church & Towne of Hampton paying to Ruth my wife During Her naturall life ten pounds '^ annum : & I Doe by these "f^sents make my wife ruth Dalton my sole Exce- quetor to this my last will and Testament wittnes my Hand and seale the Eight of March one thousand Six Hundred and fifty Seaven or fifty Eight
Signed Sealed and Timothie Dalton
Delivered in the ~£^sents [Seal]
of us
Henrye dow
John Cleford
I Timothie Dalton being sicke & weake of body but sound in understanding praised be God Have & doe by these p'"sents Give
NEW HAMPSHIRE WILLS
37
& bequeath unto my love [in] g Cossen Bar^ Dalton fiftie acres of land which I purchased of william Eastow which lieth att the Head of my farme above saggamour Hill wittnes my Hand & Seale the one & twentieth of December one thousand Six Hundred & Sixty one
Signed & sealed in the Timothie Dalton
p''senceofus [Seal]
Henery Moulton . Joseph X Huchins
His marke • [Proved April 8, 1662.] [Essex County, Mass., Probate Files.]
JEFFREY MINGY 1658 HAMPTON
June y" 4'^ 58
Goodman Mingy sick gave Eliakim wardell that peece of land ^ch lyeth one the left hand of the bridg as wee goe to Exeter
It ten Ackers of upland in the great Lot one the other side of the way one the right hand one the other side of the bridg
and the fresh Medow in the great Medow
and the salt Marash that lyeth by M' Stanells
and one Cow Coman, and one oxe Coman & 2 acres & ^ o( Swamp then saed goodwife Mingy Hussband give him what [you] will he shall have it to a farthing, then sayed goodman Mingy hee will stand in need of a yoake of beastes but I will leave it to youer libertie whether he shall have the young ones or the ould ones.
and all the rest I give to my wife
then Jonathan Thing sayed who should have it butshee that hath wrought for it
This was attested by Anthony Tayler & Phillip his wyfe uppon their oathe. in y" court held att Hampton y" 5^*^ 8'^ m° : 58 :
Tho : Bradbury rec''
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. I, p. 76.]
38 NEW HAMPSHIRE WILLS
[Inventory of the estate of Jeffrey Mingy of Hampton, taken by Samuel Dalton, Thomas Coleman, and Anthony Taylor July 2, 1658; amount, £318.5.0.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. I.P-76-]
HENRY DOW 1659 HAMPTON
The Last will & testament of Henery Dow Sen"" of Hampton Beinge Sick & weeke of Body butt firme of understanding and memory Itt I Give and bequeth unto margrett my loving wife my House lott being by Estamation ten Acres more or less & Six acres of fresh meddow att the springs & one sheare of the lower Cowes Comon ; Three of my Cowes : & the Dwelling House upon the lott above sd : and att my Househould stuff Excepting whatt shall bee other waies Disposed of Itt I Give and bequeath unto my sonn Henry Dow all the planting Ground thatt is in my Hands in the East field, and my seaventeen acres of Salt marsh and . . . one sheare of the Cow comon and a sheare of the ox Comon and all my Cattell Excepting the three Cowes abovesd
Itt to my Sonn Henery, one fether bed wch Hee useth to ly upon and all the Bed Cloathes thereunto Belonging and the mid- delmost Iron Pott : and I Due by these i^sents make and appoint my sonn Henery my sole Exequetor to this last will and testamentt Itt I Doe Give and Bequeath unto my sonn Joseph the some of thirty pounds to bee payd when Hee shall Arive to the age of twenty and one yeers. Itt I Doe Give and Bequeath unto my sonn Danill and to my Daughters mary and Hannah five pounds apeece to be payd to them when they shall Arive to the age of twenty and one years Itt : I Give unto my sonn Thomas & my sonn Jeremiah five pounds a peece to bee payd to them att the age of one & twenty yeeres And after my wives Decease the House & House lott and the six acres of medow to Returne Into the Hands of my Excequetors ; In Cause thatt Hee please to Resigne up the House and fifty Rods of ground which was sometime posesed by Thomas Sleeper Into the Hands of my sonn Joseph
NEW HAMPSHIRE WILLS 39
and Pay unto my five yongest Children above sayd five and twenty pounds thatt is to say five pounds a peece : to bee Payd five pounds to the eldest the yeere after my wives Decease and so five pounds a yeere to the next yonger untill the some of five pounds bee payd to the . . fter and still with this "^viso thatt in Cause my sone Henery bee nott willing to leave the place wheare Thomas Sleeper lived & to take the lands above sayd After my wives Decease upon the Conditions above named then the sd House & House lot with the Six acres of medow are to Returne to my sonn Joseph who upon the takeing possesion of them is to undertake for the paying of the twenty five pounds above sd to my five yongest Children according to the times above mentioned : Itt I Give unto my wife two of the best of my swine & so much of the Come in the House as may maintaine Her & my Children untill Harvest & all the Crop on the House lott att Harvest & the Corne till Harvest to bee twenty bushels To this my last will & testa- ment I sett my Hand & Seale y^ i6 : 2 mo 1659
Wittnes : Henrye dow
Robert Page
His X marke
Sam" Dalton
[Proved Oct. 4, 1659.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. I, p. 85.]
[Inventory of the estate of Henry Dow, Sr., " lattdesesed upon the 21'' day of Aprill 1659"; taken by Robert Page,William God- frey, and Henry Roby May 19, 1659: amount, £193.4.6.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. I, p. 86.]
[Joseph Dow acknowledges the receipt from Henry Dow of £30 left to him in the will of his father; dated Nov. 28, 1666; witnesses, Thomas Nudd and Francis Page.]
[Norfolk County, Mass., Deeds, vol. 3, p. 46.]
[Jonas Gregory of Ipswich, Mass., acknowledges the receipt from his brother, Henry Dow of Hampton, of £5 left to his wife,
40
NEW HAMPSHIRE WILLS
Hannah Gregory, in the will of her father, Henry Dow ; dated June 30, 1670.]
[Norfolk County, Mass., Deeds, vol. 3, p. 46.]
[Thomas Dow acknowledges the receipt from his brother, Henry Dow, of £5 left to him in the will of his father, Henry Dow ; dated April 29, 1674.]
[Norfolk County, Mass., Deeds, vol. 3, p. 46-]
[Daniel Dow of Hampton acknowledges the receipt from his brother, Henry Dow, executor, of £10 left to him in the will of his father, Henry Dow; dated Nov. 10, 1676; witnesses, Thomas Nudd and Joseph Dow.]
[Norfolk County. Mass., Deeds, vol. 3, p. 46.]
HERCULES HUNKING 1659 STAR ISLAND
A Envatoring of what goodes and botes I Harkles Hunking hath as foleth to three botes with fowar meinsails and three Roads three graplers with oares and all things be longen tow them and house and stage and mouren and Inker and land belongen tow the house and stage uppon the lies of sholes star Hand named which I have in Joyed this tenn year follin with hose and hoses and land which I have hear tow the moan with upland mash & Cattell as folleth fowar melch Coues and fower Oxen and a lefen yearelans and Cafes and tow and twenty shep and nine honks of all this that I have hear manufested herar and all that I am onar of with in doar and a thout I will give on thered tow my wife and the hose and land tow lef in as long as she shall lef and after her deth tow Reteren to my Eares and the othar tow thirds tow my Daflar Ann Hunking and her Cheldren the marke of the mark
Rouger X Kneait wetnas of Harkles X Hunkings
the marke
of Cester X Lor wetnes
this the 21"" of Agost 1659
[Essex County, Mass., Probate Files.]
NEW HAMPSHIRE WILLS 4I
[" An trew Invytary of the Goods of Harculus Hunckine that is uppon the He of shoales," taken by Peter Twisden ; amount £127.13.0. «
" An Invantory of the estate of Hercules Hunkins Deceased : of the tone of Portsmouth," taken by EHas Stileman and Richard Tucker Sept. 6, 1659; amount, £342.1.3, sworn to by Benton Hunking Nov. 8, 1659.]
[Essex County, Mass., Probate Files.]
JAMES WALL 1659 HAMPTON
The last will & testament of James Wall of Hampton in the
County of norfolke I James Wall being very weake of Body but
of Good understanding & memory Due by these p'sents Comend
unto all unto whome they shall Come the true Intent of my mind
Conserning the setteling of my Estate after my Decease viz Con-
serning the Deeds formerly made to my two Eldest Daughters
(Elizabeth & Sarah Wall) of my farme which lyeth westward of
Robert Pages Land & bounded with the River Called Taylors
River towards the South & Likewise Six Acres of Salt marsh lying
on the south side of the falls River being bounded with the marsh
of will Marston now in the Hands of John Cram towards the south
the which lands above mentioned I Doe Conferme unto them
my two Eldest Daughters Having made and appointed Henery
Roby as a feffer in trust for what I Have Given unto my two
Eldest Daughters & to whatt is already Given them the Land is
to bee Eaqually Devided between them two : & I Doe farther Give
& bequeath unto Elizabeth Wall A Horse Coltt of two yeer & the
vantage old : & I Give unto my Daughter Sarah A Horse Coltt of
this yeere & A peese of stuffe between them to make Each of them
a Goune the stuffe is a peese of mixt stuff of a sad Culler of a
boutt twenty-five yards : & I Have Given them a fether bed with a
fether bolster with a payer of blankets & a Red Rugge Itum to my
Daughter Elizabeth my best Hatt & a Carsey westcot to Each of
them =
Ittum I Give and bequeath unto mary Wall my Loving wife &
42
NEW HAMPSHIRE WILLS
to my two Children which I Had by Her viz Mary & Hannah Wall my Dweling House & the House lott lying between the lott ot' Robert Tuck towards the south and the lott of Thomas web- stur somtimes will Howards towards the north and Six acres of Salt mursh lying on the north sid of the falles River bounded with the marsh of Gilles tiuller towards the north Ittum I Give my wife & Her two Children my fower oxen & fouer Cowes & my mare and all the moveable Goods Excepting whatt is a bove men- tioned & Given to my two Eldest Daughters Itt a Debt of fifty pounds Due unto mee from mr Samuell Dudly & Humphrey will- son & thirty pounds Due from John Godward & a bill of twenty two pounds from nicolas Smith : & these lands & moveables Given to wife & my yongest Children are to bee Improved by my Ex- cequetor for the maintinance of my wife & the bringing up of my two Children and att my wives Death or mariage whatt is left is to Returne to my two yongest Children mary & Hanna wall and I appoint Henery Robey as a fetfer in trust to take noties of what Estate is left & in Cause my wife should marrie or dy whilest the Children are under Age Henery Robey is to take Care of the Estate which shall bee left to settell itt to the Children when they shall a Rive to the Age of Eighteen yeers & for the Cearfull bring- ing of them up in Cause God should take a way my wife by Death sooner : & I Doe make & appoint mary wall my loving wife to bee my lawfull Excequetor to this my last will & tesment which I Doe Conferme with my Hand & seale thearunto afiixed the twenteth of September Ann° Dm one thousand Six Hundred & fifty nine
Signed Sealed & Confermed James [Seal] wall
in the p^sents of
Samuell Dalton
John X Cass His marke
[Proved Oct. 4, 1659.]
[Essex County, Mass., Probate Files.]
[Inventory of the estate, taken by William Godfrey and Samuel Dalton in 1659; amount, £373.16.0.] [Essex County, Mass., Probate Files.]
NEW HAMPSHIRE WILLS
43
[Guardianship of Mary Wall and Hannah Wall granted to their uncle, Thomas Philbrick of Hampton, Oct. 8, 1672.]
[Norfolk County, Mass., Court Records, Oct. 8, 1672, and Deeds, vol. 4, p. 5.]
JEREMIAH WALFORD 1660 PORTSMOUTH
The last will & Testam' of Jeremiah Walford of Portsmouth 16. Aprill, 1660 ,
Being visited by y® hand of god w'*' sicknes & n' knowing how hee may please to deale with mee, I have thought meet to make y* as my last will & Testam' as followes
Imp': I com'end my soule into y* hands of him y* hath made it, & I hope hath redeemed it, as being able to keepe it untill y* day
My worldly goods I thus dispose of.
I will y' my beloved wife shall have y* use of my house lands Cattell, & my whole estate as long as shee lives unmarryed, if shee marryes y" my estate to fall to my Children in y* mann"" Twenty Acres of land lying on y* East side of my house to bee divided between my two sonns equally, togither with three Acres of Marsh lying in y* middle of y' Great Island.
Another l^cell of land about ten Acres more or lesse lying North-ward fro — y' house, I will to bee equally divided between my two daughters
My Cattell also being nine in Number shall bee equally divided amongst my children, provided y' my wife when shee marryes shall have her thirds of y* whole estate, abovementioned.
This I will & appoint, having y^ full use of my reason as for- merly, determining y* it shall stand as my last Will
as witnesseth my hand Jeremiah X Walford
I shall intreate my hon"^*^ ftather his marke
Tho: Walford & M^ Henry sherburn to bee my Executo" Wittnesse
Henrie Sherburne
Henry X Savage his marke.
[Proved June 27, 1660.]
^4 NEW HAMPSHIRE WILLS
[Inventory of the estate of Jeremiah Walford, who died April 21, 1660; taken by Michael Rowe and William Powell July 10, 1660; amount, £95.11.6.]
JOANNA FERNALD 1660
The Last Will & Testament of Johanna Fernald Widow Made the Twentie third day of April one thousa'* six hundred & Sixtie
I Johanna ffemald being Weake of body but in perfict memory doe make & ordaine this my last Will & Testament
Imp" I give & bequeath unto my daughter Elizabeth my best feather bead boulster & beading belonging unto it.
It I give & bequeath unto my daughter Mary my second best feather bed boulster & beding belonging to it. /
It I give «& bequeath unto my s'' daughters Elizabeth & Mary my now dwelling house betweene them & it is my will that Eliza- beth my daughter shall have y® first choice ofw'^'' "^^ she shall Like best of y* s*^ house & if it shall hapen that my daughter Mary shall marry first that then the husband of my s*^ Daughter shall build for my s'' Daughter Elizabeth as good a house on y^ Hands her father gave her or allow the vallew thereof as shalbe apprized by two Indifferent men & the Like is my will concern- ing my daughter Elizabeth if she mary first & that they shall not mollest or disturbe one the other before the p'"missess be "^formed & in meanwhile Live quietly together
It I give & bequeath unto my Sonn Samuell & my Sonn John the third feather bed & beding belonging to it to be betweene them
It I give & bequeath unto my Sonn John all the surgery bookes & Instrum" that were his fathers \\^ his chest
It I give & bequeath unto my Sonn Samuell a sute & cloke that was his fathers.
It I give & bequeath unto my son William fortie shillings
It I give & bequeath unto my Son Thomas one musket & a barrell of a foulling peece & all the Carpenters and Joyners tooles.
NEW HAMPSHIRE WILLS 45
It I give & bequeath unto my three daughters all my waring clothes woollin & Linning w"" all my houshold stuff equally to be devided betweene y"', my daughter Sarah to have the first choice & for the better ^formance of this my will I make my Sonn Thomas & my daughter Elizabeth my Executors & Appoynt m'' Richard Cutt & Elias Stileman my over seers in witness wereof have hereunto put my hand y^ day & year first above written. /
witness Johanna fernall
Anthony Ellins
John Deamant
Elias Stileman
proved in Court at portsmouth the 28 Jun 60
'^ Elias Stileman Cleric
[Inventory, June 5, 1660; amount, £118.9.6, and £3.3.0 added later ; signed by George Walton and Elias Stileman.]
WILLIAM LEMON 1660
That whereas W'" Lemon deceaseing & Leaving No written will behind him concerning his estate. And M' Antipas Mavick Exhibiting to this Court testimony that y® s"^ Lemon gave him his estate before witness. This Court accordingly doth allow thereof, provided the s^ Maverick doth enter into 20 bonds to be respon- sall for y* s^ estate to any other that shall make proofe of a better title to y* same & is hereby enjoyned to bring in an Inventory of the estate to y® next Countie Court at dover or portsmouth [Antipas Maverick of Kittery gives bond as required above.] [Court Records, June 26, 1660, in Deeds, vol. 2, p. 42 b.]
[Order of court Oct. 14, 1662, that William Furber and Rich- ard Otis, administrators to the estate of William Lemon, .bring in an inventory.]
[Norfolk County, Mass., Court Records.]
^6 NEW HAMPSHIRE WILLS
CATHERINE JOHNS 1660
[Administration on the estate of Catherine Johns, widow, granted to John Fab van June 26, 1660.]
[Court Records, June 26, 1660, in Deeds, vol. 2, p. 41.]
[Inventory; amount, £35.7.0; signed by John Hunking and Peter Twisden ; brought into court July 10, 1660.]
ALEXANDER BATCHELDER 1660
[Administration on the estate of Alexander Batchelder granted to his widow, Ann Batchelder, June 26, 1660.] [Court Records, June 26, 1660, in Deeds, vol. 2, p. 41.]
MARKER HINGER 1660
[Administration on the estate of Marker Hinger granted to William Follett June 26, 1660.]
[Court Records, June 26, 1660, in Deeds, vol. 2, p. 41 b.]
JOHN JACKSON 1660 PORTSMOUTH
[Administration on the estate of John Jackson, who died at the Isles of Shoals, granted to John Cutt July 12, 1660.] [Court Records, July 12, 1660, in Deeds, vol. 2, p. 43.]
[Inventory of the estate of John Jackson of Portsmouth, Dec. 6, 1666 ; amount, £234.15.0 ; signed by Henry Sherburne and Elias Stileman.]
This Court grants unto Widdowjoane Jackson & Rich. Jackson pow' of Administrac'on unto y* estate of John Jackson deceased with out will, the s" Joane & Richard Jackson brought in an Inventory of y* s'' estate into this Court at y® same time amount- ing unto 234' : 15' Concerning w'" estate the Court ord" with y* Consent of Ric Jackson & Tho : Jackson then p'sent that the
NEW HAMPSHIRE WILLS 47
Widow shall have the whole estate in her hand during her Life excepting 4 acres of marsh to be equally betweene Tho. Jackson & John Jackson w'''' they are to have at p'sent & after s*^ Widows decease Richard Jackson to have the house & Land at home & to allow his Bro : Thomas: 20 shillings & his brother John Jackson eleven pownds ; & the s'^ Thomas Jackson to have one halfe y* Land in y^ plaine & John Jackson y^ other halfe & w' the estate that is in moveables shall be wasted the 3 brothers aforesd to beare theire proportions of it & w' debts y® estate oweth to pay accord- ing to proportion and w' is due to y® estate to have their propor- tions the Eldest to beare «& have a double portion as the estate may increase or decrease in debts & moveables / . [Court Records, June 25, 1667, in Deeds, vol. 2, p. 130 b.]
December the 24'** 1681 This day by the ffree consent & app of my Brother, Richard Jackson ; M'' Elias Stileman came and laid out for me tenn acres of land joyneing to the Lands I now possess beginneng from the Creek or Well, running 44 Pole, to Richard Saurtridges Land from that 48 Pole S. W. to a black Pine Stump on the West side of Rowes Land and from W : or W. N. W. 40 Pole to a Pine small Tree of Peter Balls bounds from that to the brook or well or stone where Peter Balls land begins the course being nighest N East Easterly : 76 : Pole, at which time I paid said Stileman for his labour, in my Brother Richards presence three shillings in money in my own house
John Jackson
[Probate Records, vol. 4, p. 363.]
ROGER SHAW 1660 HAMPTON
In the name of God Amen The 25th day of August 1660 I Roger Shawe of Hampton in the County of Norfolk being sick and weake in body * * »
ffirst I give unto my son Joseph Shawe my ffarme, that is to say one hundred Ackers of upland bounded as followeth from the Towne bridge & goodman Levitt in ^t, and Comon Contry way
^8 NEW HAMPSHIRE WILLS
in part, & the Comon in part one the south east : ffifteene Ackers of Land of my owne on the South west and mr Dalton's ffarme northwest medowes belonging to the ffarme north east And tfive and Twenty Ackers of fresh medow surrounded with [t]he Tay- lors River and the upland of the ffarme, the medow lying north East, And all my Salt Marsh (Excepting) ffive Ackers of that marsh to lye adjoyning to Thomas wards marsh on the south side of Taylors River with all preveledges belonging to the ffarme.
Item I give unto my son Benjamin Shaw my dwellying howse howses, Orchard Garden and all the land I have on the northside Taylors River, medow, upland or swamp wth all Comonages and prveledges thereunto belonging wth ffifteene Ackers of upland or Swamp lying att y* South west end of the ffarme, with ffive Ack- ers of salt marsh on that side my marsh towards Taylors River adjoyning to Thomas wards
Item I give to Margarett ward my Daughter ffive shillings Item I give to my Daughter Ann ffogg thirteene pounds Item I give to my Daughter Hester Thirteene pounds Item I give to my Daughter Mar.ie Twenty pounds. Item I give unto my son Daniell Tilton ffive pounds Item I give to my son Benjamin one horse Coult, Three yeare- lings one Ewe Lamb the bed he lyeth on two puter Dishes, one of ev'ye Iron thing in the howse if there be two (or els not) A third part of all husbandry ware halfe of all Carpenters Tooles I have : six bushels of wheat and ffowerteene of Indian Corne but hee must be att cost of all labo' to itt : Also I appoint Benjamin to have for his use my howse and Land on the southeast side the Country high way now for his use. Excepting halfe of the Orchard wch I give to my son Joseph' for Two yeares and the peece of medow on this side the Towne Bridge, And for all these goods I give unto Benjamin my will is that he shall pay unto Daniell Tilton [t]he sum of Twenty five pounds when hee comes to the aige of 21 yeares: The wch sum is xxth pt of itt wch I was to pay by Covent & 5' I give him more as is above expressed in my will And for want of paym' of his 25' I do bind over my
NEW HAMPSHIRE WILLS
49
sons Benjamins Lands for the securitye of itt to be paid out of the rents of the Lands untill itt be fully paid : Also I Do appoint Samwell ffogg & my son Joseph as trustees to order & direct my son Benjamin untill hee come to ye age of 21 yeares according to Law in all thinges.
Item I give all the rest of my goods both moveable & unmove- able wth the use of all the ffeild on the oth'' side on the high way (but two Ackers on the nerer side one yeare) I give unto my son Joseph And my will is that hee is sole Executo'' of this my last will and Testamt and I appoint him to pay all my Debts Legacyes that are or shall appeare to be Due according to Law Excepting what is appointed to be paid other wayes. And if my Executo fails to make paymt I appoint his Lands shall pay them (not by saile) but by [t]he Rent of itt untill they be paid or any pt there- of. And my will further is that if my son Joseph and Benjamin Dye without issue then [t]he Lands to goe my other Daughters Ann, Hester, & Marye & to their Heires for ever Considering a Competencye for there wifes att the Discretion of my supviso" John Leveritt & samuell ffogg whome I appoint as trustees to see this my will ^formed
And renounce my all other former wills either by words or write- ings I make this my last will & Testament In witnes whereof I have here unto sett my hand & seale the day and yeare above writ- ten. Roger [Seal] Shawe
Signed sealed in the presence of us :
John Cleford
Samwell Hall Ser.
The twentieth of march one thousand Six Hundred and Sixty I Roger Shaw being yett in the land of the living & in sound memory & Sence : Doe thinke meett to aDe to this my last will as ffolloweth viz that whearas thear are two of the Children which Have thirteen pound a peese Given them I doe appoint thatt theey shall have butt five apeece : and whearas I have Given one Child ^ve shillings I doe appoint thalt itt shall have five pound all which 4
50
NEW HAMPSHIRE WILLS
somes are to bee payd within a yeere after my decease & whearas I did bequeath fourteen bushils of indian Corne to my son Benja- men & Six bushils of wheatt I doe now appoint thatt Hee shall Have none : & whereas I did appoint y' benjamin should Sow two acres of y' lott on the other sid of the way the next yeere I doe now appoint that Joseph shall Have the "^ fitt thereof the next yeere and whearas I did appoint Benjamen to pay his brothr Daniell Tilton twenty five pownd when hee Cam to age I Doe now appoint Him to pay His Sister Mary twenty pounds att the time appointed her to pay five pound to His brother Joseph when Daniell Comes to' Age & I Doe appoint my son Joseph to pay Abraham & Daniell Tilton their portions according to Covenant when they shall Come to Age and to this my last addition I Doe sett my Hand & seale the Day & yeere a bove written
Signed Sealed in Roger [Seal] Shawe
the p'"sents of us
Samuell Dalton
John Cliford
[Proved Oct. lo, 1661.]
[Essex County, Mass., Probate Files.]
[Inventory of the estate, taken by John Sanborn and William Moulton June, 1661 ; amount, £369.1.0.] [Essex County, Mass., Probate Files.]
ANN BATCHELDER 1660 PORTSMOUTH
The last Will & Testament of Anne Batchelor widdow of Ports- mouth in Pascataq River made y' 5"* Novemb' 1660.
I Ann Bachelor being weake of Body, but in ^fect memory doe ordaine this as my last Will & Testament, heereby revokeing all former Wills, Legacy es & bequests w'ever.
Imp"" My debts & funerall charges being paid out of my whole estate I give & bequeath unto my Sonn Jn° Bachelor y^ true sum'e of thirtye pounds, my son being alive at my death, if hee bee not
NEW HAMPSHIRE WILLS 5 1
alive at my Death then I will y^ said Sum'e unto his widdow & theyr joynt Children equally to bee divided among them.
I give unto James Leech twenty shillings, unto his wife twenty shillings, & unto theyr foure children ten shillings a peice
I give unto Jane fturzen my best hatt & blue pettycoate
I give unto Mary Walford Widdow my best pettycoate & twenty shillings & unto her foure Cheldren ten shillings a peice
If in Case I dye before my Servant Richard Peirce his time bee out w' time remaines I give him, w'*" an Axe, handsaw, Adze Augre a calking Iron or two togither w"* two suits of Apparell & three shirts
I give more unto my said servant Rich : Peirce forty shillings.
I give unto Tho : Paine w" his time is expired forty shillings & Executours for y® better performance of this my will I make Joshua Moodey & M"" Elias Stileman & desire AP James Pendleton to bee my overseer.
In wittnes w''of I have heere unto set my hand in y* da}' and yeare above written The marke of
Witnesse Ann X Batchelour
The Marke of
Mary X Walford The marke of
Ann X Hart.
[Proved June 26, 1661.]
[Inventory, Nov. 27, 1660; amount, £96.1.0; signed by Will- iam Seavey, James Leach, and Samuel Haines.]
THOMAS JOHNSON 1661 DURHAM
[Administration on the estate of Thomas Johnson granted to William Furber and William Follett June 27, 1661.] [Court Records. June 27, 1661, in Deeds, vol. 2, p. 57.]
[Inventory, July i, 1661 ; amount, £200.6.6; signed by John Davis and William Roberts.]
FAMILY HISTORY LIBRARY Q^\~MX)C^\ChL a'^fii&SYH WEST TEMPLE
^.r- i ixAuSALT LAKE CITY, UTAH 84150
52 NEW HAMPSHIRE WILLS
[Settlement of the accounts, brought into court by William Fol- lett and William Furber, administrators, June 30, 1663. One item is ''diett for the Chilld."]
This Court ord" that the child of Thomas Johnson shall live with goodman Layton if he consent untill she be ten yeeres of age, & he to be allowed out of her estate 5" a yeere, & from the age of ten yeeres untill she be fourteene yeeres he is to Keepe & maintaine her at his owne pro'^ cost & charge & then she is to make choice of her guardian, unto this agreem' goodman Layton did consent
[Court Records, June 30, 1663, in Deeds, vol. 2, p. 76 b.]
The Estate of Thomas Johnson of Oyster River deceased not having any heire making claime thereunto is Comitted to the use of the Towne of Dover according unto the Law title eschates pa: 28, & this Court further orders that the Administrato""* to y® s*^ estate deliver it up unto the select men of the s*^ Towne & a Com'- ittee be appoynted to audit y* s** Administrato" acco'
The Com'itte agreed upon & then chosen were Capt Rich : Waldern : Deacon Jn° Hall : & m^ Pet^ Coffin
[Court Records, June 27, 1665, in Deeds, vol. 2, p. 109.]
WILLIAM STORY 1661
[Administration on the estate of William Story granted to Sam- uel Austin June 27, 1661.]
[Court Records, June 27, 1661, in Deeds, vol. 2, p. 57 b.]
[Inventory, Oct. 8, 1660 ; amount, £130.5.0 ; signed by William Pomfret, Hatevil Nutter, and Job Clements ; sworn to by Sarah Austin, "sometimes the wife of W"' Story deceased," June 27, 1661.]
The s'' Austin brought into Court an Inventory of the Said estate amounting to : 130'. 5'. o''. the Widow of y® s*^ Story now wife to y" s'' Austin is allowed her thirds out of the whole w'^*' is 43'. 6*. 8*^; & the remaind'' 86' : 16*4 to be devided among the
NEW HAMPSHIRE WILLS
53
fower children the Eldest to have a double portion Viz 34'. 14'. 8<* & the other three 17^ 7* a peece when they com to y' age of 21 yeeres. the whole estate to remane in y^ hands of s"^ Samuell Aus- tin the father in Law [step-father] to y« s*^ children for there bring- ing up or shall chuse there Gardian before provided he give dou- ble bonds unto this Court that it shalbe p'^ to the children accord- ingly, & is granted Libertie to sell any of the houses & Lands or to lett the Same provided he brings in good securite to next Court at yorke for paym' of the Childrens portions [Court Records, June 27, 1661, in Deeds, p. 57 b.]
PALMER 1661
[Guardianship of Joseph Palmer granted to his brother, Chris- topher Palmer of Hampton, and Walter Roper of Ipswich, Mass., Oct. 8, 1661.]
[Quarterly Court Files, Salem, Mass., vol. 7, p. 53.]
TIMOTHY DALTON JR. 1662 HAMPTON
[Administration on the estate of Timothy Dalton, Jr., sometime of Hampton, granted to Samuel Dalton April 8, 1662.] [Norfolk County, Mass., Court Records.]
[Inventory of the lands of Timothy Dalton, Jr., of Hampton, May, 1663; 55 acres of land in all, value not stated; signed by Samuel Dalton, and presented to the Hampton court Oct. 13, 1663.]
[Essex County, Mass., Probate Files.]
WILLIAM COLE 1662 HAMPTON
The last will of william Coule of Hampton in the County of iiorfolke,
I william Cole being very Aged & now taken very sicke and nott like longe to Continue in this world & j-ett by Gods mercy
54 NEW HAMPSHIRE WILLS
retaining my "f^fect sence & understanding Doe Declare itt, to bee my last will as followeth viz thatt unice Coule my wife shall have all Her Cloathes which she left with mee both Her wollin Clothes & Her linin & Her small liriin y' is to say Hancherchers neckclothes& Head linen thatt is made for Her; & for my Housen & lands that is free & nott Ingaged I Doe Give & bequeath the same unto Thomas Webstar of Hampton upon Good Considerations & my Cattell & Houshold stutl'& twoles & whatt Ever Else Remaines free after Ingagements Discharged all to Remaine unto the sole & f^pur use of the sd Thomas Webster his Heires & Assignes for Ever upon Condition of his keeping of mee Comfortably Duering the time of my naturall life & I doe appoint my loving freinds Deacon Willi'"^ Godfrey & Thomas webstar to bee my lowfull Exequetors to this my last will & Testiment the which I Conferme with my hand & seale the twenty sixt of may one thousand six Hundred & sixty two
Sealed & Confermed in y« William [Seal] Coule
^sents of us His marke & Seale
William Godrey
His X marke
Samuell Dalton
[Proved April 14, 1663.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Court Files, vol. I, p. 35-]
[Inventory of the estate ; amount, £59.1.0 ; attested by Thomas
Webster, executor.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Court Files, vol. I, p. 35.]
[Order of court April 14, 1663, that Thomas Webster, executor of the will of " old Cole" of Hampton, pay the widow one half of the balance after paying the debts.
Amount, £59.14.0 Debts, 18. 13. 7
£41. 0.5
NEW HAMPSHIRE WILLS 55
The one half payable to the widow, Eunice Cole, was ordered to be paid to the selectmen of Hampton for her use.]
[Norfolk County, Mass., Court Records.]
THOMAS WILSON 1662
[Administration on the estate of Thomas Wilson granted to Nathaniel Fryer June 24, 1662.]
[Court Records, June 24, 1662, in Deeds, vol. 2, p. 67 b.]
V JOH.^' WEBSTER 1662 PORTSMOUTH
[Rachel Webster, widow, renounced administration on the estate of her husband, John Webster, and Capt. Waldron and Elias Stile- man were appointed temporary administrators June 24, 1662.]
[Court Records, June 24, 1662, in Deeds, vol. 2, p. 69 b.]
[Administration on the estate of John Webster of Portsmouth granted to Capt. Richard Waldron June 30, 1663.] [Court Records, June 30, 1663, in Deeds, vol. 2, p. 75.]
JOHN BICKFORD 1662 ISLES OF SHOALS
[Administration on the estate of John Bickford of the Isles of Shoals granted to Philip Tucker June 24, 1662.] [Court Records, June 24, 1662, in Deeds, vol. 2, p. 67 b.]
VALENTINE HILL 1662
[Writ of dower granted to Mary Hill for one third of the real estate of her late husband,Valentine Hill ; and Lieut. Ralph Hall, Ensign Davis, and Robert Davis are empowered to set it off.]
[Court Records, June 24, 1662, in Deeds, vol. 2, p. 67 b.]
[Inventory of " A parsell of Land formerly granted unto m*" vollentine hill deseced by the towne of dover as '^ Copy shoon by
56 NEW HAMPSHIRE WILLS
LefT' Nathaniell hill Adminestrator to sd wallentine hill which Land is Lying & being at the head of oster river in the provnece afore said containg about 500 acers as allso A parsell of medoe at wheelrights pond," June 30, 1699; amount, £45.0.0; signed by John Pickering, Stephen Jones, and Joseph Jones; attested by Nathaniel Hill July 4, 1699.]
[Probate Records, vol. 3, p. 161.]
[Additional inventory, June 7, 1721 ; amount, £75.0.0; signed by Stephen Jones and Joseph Jones.]
[Probate Records, vol. 3. P- 185.] ^
JOSHUA KENDRICK 1662
[Administration on the estate of Joshua Kendrick granted to Nathaniel Fryer June 24, 1662.]
[Court Records, June 24, 1662, in Deeds, vol. 2, p. 67 b.]
JOSEPH AUSTIN 1662/3 DOVER
I Joseph Austin of dover in perscataque beinge sike .of body ♦ » »
ase for my estate when all my just and honist debtes are pead and satisfied I doe give and bequeath onto my wife the one therd part of my holle estate wich ise left and tow therd peartes to bee devided amongst my Chilldren : only I doe give onto my sonne Thomas Austin a doubell portion : and ase for my Chilldren and that wich I have given them : I doe leave them with my wife : and Capt walldon : and Ellder winford and my Brother peter Coffin : to order and dispose of them ase meay bee. most for the glory of god and ther Comfort till the Com to yeares of discristion to guid themselfes and what I leave them : and given : and this beinge my last will and testament I doe intreat and desire my lovinge frinds Capt Richerd walldon and Ellder william winford and my Brother
NEW HAMPSHIRE WILLS 57
peter Coffin to see ite fuUfilld in wittnes hearofe I have heare onto set to my hand and seall this twenty fith deay of January on thou- sand sixe hundred sixty and tow :
wittnis Joseph X Austin [seal]
the words interlined wich ise his marke
left wos before the seillinge hearofe :
John Robeards
mary hanson
This will being brought into Court held at Dover the i' of July 1663 & the Court conceiving it to be Imperfict for want of Nomy- nation of execuf' doe appoynt the Widdow of the deceased Adminstratrix to the estate of y*" deceased & order that the Adminstratrix shall not order & dispose of the estate with out the Concurrance of the overseers menc'oned in this will or any two of them whoe have pow"^ according to y® will of y* deceased to see that it accordingly be "^ formed
'^ ord"" of Court " Elias Stileman Cler
[Inventory, Jan. 29, 1662/3: amount, £470.0.0; signed by Hatevil Nutter, John Hall, Ralph Hall, and John Heard ; attested by Sarah Austin July 3, 1663.]
RICHARD SEWARD 1662/3
ffebrary 21 1662
In the nam of god amen ; I Richard Seaward being weeke of body yett in sound and parfitt memmory doe ordaine this to bee my last will and testiment
Itam I give drake point to my grane Child John Jackson; Item the next point I give Richard Jackson Item the rocke point to Mary Seaward ; Itam the rest of the land equally to be devied betwext Richard Seaward ; and Richard Jackson ; Item my housells goods equally to be devied betwxt Richard Seaward ; and Richard Jackson ; Item my hole parte of the Visell and Car-
58 NEW HAMPSHIRE WILLS
goe equily to be divied betwext Richard Seaward Chrildron and Richard Jaickson Chilldron ; Item fortene pound of mony which my brother Rogger Seaward is in deted to mee I give to my sonn Richard Seaward ; my detes binge first payed ; I doe heere apoint the saied Richard Seaward and Richard Jackson my over seeres wittnes my hand and seale the yeare and day aboufe ritten
for the land which my brother Rogger doth live in hee is quietly to injoy it for his life time ; with out any mullisattion
wittnes Richard X Seaward his marke
Nichleus Winkleey [seal]
Thomas Bransell
Tho ; Besson
Will Atwood
Nikolas : winklye & Tho Bransell Came before mee & made oath that this will was the akt & deed of Richard saword senier a little before his death
Before mee Brian Pendleton
Comisioner
[Proved July i, 1663.]
[Inventory presented June 30, 1663, amounting to £141.10.0.] [Court Records, June 30, 1663, in Deeds, vol. 2, p. 75 b.]
ROBERT DRAKE 1663 HAMPTON
In the name of God Amen : the fifth of May in year of our lord one thousand six hundred & sixty three ; I Robert Drake in the Town of Hampton in New-England in Norfolk Searge- Maker * * •
Item : my goods I give & bequeath as followeth : To my son Nathaniell Drake I Will & bequeath six pound ; & to my son Abraham Drakes eldest son Abraham Drake I give twelve pounds To my Daughter Susanna Drake twelve pounds to my Grand-
NEW HAMPSHIRE WILLS
59
child Rachell Drake twelve pound ; to Jean Drake twelve pounds y** which are my son Nathaniels two Daughters ; to my Grand- children Susanna Drake, Sarah Drake, Mary Drake, Elisabeth & Hannah, to each of them twelve pounds, being y* Children of my son Abraham Drake ; & to my son Abraham Drake I will & bequeath the remainder of my estate being my house & house lot with my Medowes salt marsh & fresh with six shares, fower of Cow Commons & two of ox Commons with all rights previ- leges & appertenances thereunto belonging my upland & whatso- ever lands ; as also my Cattell ; three steres two of seaven yeares of age & one of fouer ; two Cows, one yearling, Item my hous- hold stuff bed & bedding Brasse & puter Iron & Lead whatso- ever ; all which my mentioned estate I will & bequeath to my son Abraham Drake ; my sayd son to pay y^ aforespesified lega- cies to the severall parties as before given ; at one & twenty yeares of age ; none to make any demand till a year after my decease ; Item if any of my Grandchildren dye before they be of age, there portion to be devided equally amongst my Grandchildren yet liv- ing ; It : I Will & give to my son Abraham Drake all Debts, Dues, bills ; bonds whatsoever belonging to me.
Item I ordain & Constitute my son Abram Drake my sole exec-
utour to this my last will & testiment revoking all other former wills
by me made ; in witnesse whereof I have hereunto set my hand &
seal the eighteenth of May one thousand six hundred & sixty three
Testes [Seal] Robert X Drake
John Barsham his Marke
Giles fuller
[Proved April 14, 1668.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Court Files, vol. I, p. 106.]
[Inventory of the estate of Robert Drake, yeoman, "who deceased the 14"" of Jenewary, 1667"; taken by Samuel Dalton and Abra- ham Perkins Jan. 28, 1667; amount, £184.10.0.]
[Essex County, Mass., Probate Files.]
6o NEW HAMPSHIRE WILLS
ROBERT MARSHALL 1663
[Administration on the estate of Robert Marshall granted to Capt. Brian Pendleton and Lieut. Richard Cutt June 30, 1663.] [Court Records, June 30, 1663, in Deeds, vol. 2, p. 76 b.]
EDWARD LLOYD 1663
[Administration on the estate of Edward Lloyd granted to Edward Rishworth, Samuel Maverick, and Richard Stileman June 30, 1663.]
[Court Records, June 30, 1663, in Deeds, vol. 2, p. 75.]
This Court being informed that there is a failing of y® Adminis- tra" to m'' Edw. Lyds Estate by Reason of the death of one of them & the negrlect of another doe se it meet that m"^ Richard Stile- man that was one of them should & may act from time to time in & aboute the s^ Estate by himselfe alone as all or any two of them might have done untill the Court shall take further ord' thereaboute.
[Court Records, June 27, 1665, in Deeds, vol. 2, p. 109.]
HENRY HALLWELL 1663 DURHAM
[Administration on the estate of Henry Hallwell of Oyster River granted to his widow, Rebecca Hallwell, June 30, 1663, who pre- sented an inventory amounting to £16.9.10.]
[Court Records, June 30, 1663, in Deeds, vol. 2, p. 75.]
JOHN TUTTLE 1663 DOVER
Jn° Tuttle of Dover dying Intestate, this Court empowers his Widdow Dorothy Tuttle as Administratrix to y* s** estate who brought into Court an Inventory of his estate amounting to 85" :ig' :6 :' w''^ the Court ord' as followeth : viz* It appearing to this Court y' the Eldest daughter of the deceased is maried & hath
NEW HAMPSHIRE WILLS 6l
had her portion already ord<^ that his Son Jn° Tuttle shall have lo" when he comes to 21 yeeres of age & y* youngest daughter to have 15" when she corns to the age of iS yeeres, or be disposed of in marrieg & the remainder of y^ estate shall be to y* Widdow during her Life or Widdowhood estate & if in Case she shall marry then to have the thirds according unto Law ; & after y^ wid- dows decease or marriage the Son to have the Lands. / [Court Records, June 30, 1663, in Deeds, vol. 2, p. 75 b.]
[Inventory, July 3, 1663 ; amount, £85.19.6; signed by Hatevil Nutter, Thomas Leighton, and John Hall.]
ROBERT MUSSELL 1663/4
In the Name of God Amen
I Robert Mussell being in perfect health & Memory doe here by make & declare this to be my last Will & testament : as foUoweth. ffirst I bequeath my Soule into the hands of Almightie God that gave it me ; and my body to the earth at the time of my dissolution when it shall please God to call me, to be devoutly buried in a Christian manner, at the discression of daughter Audery Lux, whome I doe hereby make my sole heire & executrix and to whose Issue I freely intend & bequeath, after my decease, my now dwelling house & Lands adjoneing to it, for ever —
2''' I doe give & bequeath to my daughter Mary Jeffery, Ten shillings. & unto hir Sonne Richard Roe Ten shillings. And to the two daughters of my daughter Audrey, Twenty shillings a peece. to be paid Unto them by my executrix, onely the grand children specifide in this will are not to have theire legacies deliv- ered to them untill they come to the age of eighteene yeares, and what may be omitted of me towards them further I shall & doe leave it to the discression of my daughter Audery to doe as she shall see good, by theire behaviour & dutifull obedience to deserve., thirdly I give alsoe to my sonne Lux my daughters husband ten shillings, and lastly I give Unto the now Minister of Kittery five
•62 NEW HAMPSHIRE WILLS
^hilUncfs as a remembrance of my love & thankfulnes to him for his paines in the Minister}-, his name is m' Belcher. All wc*" legasies, excepting that to my Grand children my heire is to pay presently after my decease, & the Grandchildrens as is above exprest, at the age of eighteene yeares All wch legasies being paid I give all the rest of my estate what soever Unto my said daughter Audery & doe declare hir to be the whole & sole heire of all. Witnes my hand & seale this first of March : in the yeare of our Lord God one thousand six hundred sixtie & three.
Signed & sealed in Robart Mussell [seal]
the presents of us.
John Adams
Richard : Tucker.
[Proved June 30, 1674.]
[Inventory, Nov. 28, 1673 ; taken at the request of William Lux and his wife; amount, £7.10.6; signed by Nathaniel Fryer and Abel Porter.]
Articles of agreem' made and concluded on this tenth dav of April in the fourth year of the Reign of our Sove^ Lord George by the Grace of God of Great Brittaine & Ireland King Anoq Dom. 171S That whereas Sundry tracts or "^cels of Land within the Township of New Castle in New Hamp"^ as '^ the draft here- unto annexetd and also a tract or "^cel of Land within the Township of Kittery in the County of Yourk & Pro of the Massa. bay in N. England did belong & a'f^taine unto Robert Mussell our Grand father late of S' New Castle formerly Portsm° des'd all w'"'' Land do now of right belong unto us y^ Subscribers John Crunch & Francis Crunch his wife Tho^ Cosen & Eliz** Cossen his wife Tho' Marshall Jun"" Chrustopher Fedrick and Mary Fedrick his wife Tho" Pierce and Eliz* Pearce his wife all of New Castle aboves'^ and all the Surviving heirs to the S'^ "^cels or tracts of Land Sec"* Now Know y* that we the S*^ John and Frances Cronch Tho' & Eliz"" Cosen Tho' Marshal Jun' Chrustopher Fedrick and Mary Fedrick his wite Tho' & Eliz" Pearce for each of us our
NEW HAMPSHIRE WILLS 63
Selves or our heirs exec" and adm'* or any of them for Ever by these p''sents Have given & granted and by these p'sents have released and do for Ever quit claim to any part or portion of the S'^ Lands except what falls to our Share as hereafter is expressed and Sett forth and is in the Plott or figure hereunto annexed (Viz') i^' To John Crunch & Frances his wife and to their heirs exec" adm" & assigns all that tract of Land in the Township of Kittery on the Creek that runs to Broadbut Harbour and is what Sam" Ford now possesses and also all that lott of Land in New Castle whereon his house now Stands together w"' all the Garden land round it and water Side thereunto belonging and abutting begining at a Stake N° forty two degrees west distance fifty two foot from the N. W. Corner of Tho* Marshals Sen" old house & So from that Stake on a north Course to the Land late Nath' Fryer dec'ed and is now in the possession of John Frost being about Ninety foot and So down East South east by the S*^ Frosts land across the high way over the Bank into the River aboute 190 foot to low Water mark and then along by the River side to a stake on the flats and from that Stake up on a west eight degrees north Course over aCross the Bank & highway again aboute one hun- dred & ninety foot to the first Stake up on the Garden side north 42 deg. west and 52 foot from the said Marshals Corner to have & to hold all the S'^ parts or division of the S'* premisses w''' all the appurtenances northard of that and thereunto belonging or any ways a'ptaining to them the S'* John & Frances Cronch and every of their heirs exec" adm" or assigrns for Ever — 2"*^ To Tho* Cosen and Eliz"^ his wife and their heirs exec""* adm" and assigns forever all that tract or plott of Land that lyes in N. Castle by the Sea Side on the South Side of the Sandy beech and is bounded by the Land formerly James Pendleton on the north side thereof and is aboute two acres w"' all the priveledges & appurtenances thereof and that for Ever— 3^^^^ To Tho' Marshal Jun' all y' South and east part of his fathers old possession begining from low water mark adjoyning to John Cronch on the north Side and So to run up from the River by the Said Crunches Lott aCross the high way
64 NEW HAMPSHIRE WILLS
about 190 foot to y^ S° west part or Corner Stake of the S"^ Cronchis Lott and then along by the west Side of the Same on a north Course to y* Land now in the possession of John Frost and So along westerly by s*^ Frosts Land & AP Hinck's till it corns to a bryer bush and from that bryer bush South Sixteen degrees East over the Rocks two hundred & fifty foot to a stake and from that Stake on a south fifty degrees west Course Seaventy Six foot or thereabouts to y* high way that leads along by m'' Reeds Door and so Southard by the high way to y^ Land late of Andrew Pepperills De'd and So by S** Pepperells Gardin through the pond & over across the high way into y® River and then along by the River northard to John Crunchis bounds To have & to hold to him the S'^ Tho* Marshall and his heirs exec" adm" & assigns for Ever
w^ all the priviledges thereunto belonging 4''^ to Christopher
and Mary Fedrick all that part or plott of Land whereon his house now Stands begining at the water Side next & adjoyning to y* lott formerly belonging unto black Esses alias Cosso and So to run up Southerly by the side of the S'* Cosso's lott to y® S. W. Corner and then Easterly by the Same lott until it com's to y® bryer bush & bounds of the afores*^ Tho* Marshal Jun"" lot and so along by that line South 16'^ East one hundred & Seaventy three foot to a stake & from that Stake through y® Croch of an aple tree on a South forty three degrees west Course ninety nine foot or there- abouts to a Stake w^in the fence on the highway and So along westerly as the high way runs Eighty five foot to a stake w^'in the fence & from that Stake on a north Sixteen decjrees East Course Eicrhtv nine foot to an other Stake in the field and So down on a north twenty Seaven degrees west course into the River a Cross the high way leaving Tho* Pearces house two foot & a halfe to y* Westward of the line all w'^'' piece or plot of ground is y^ Said Fedricks portion or Share to them and their heirs exec" adm" and assigns for Ever To have & to hold w^*^ all y* priviledges
and Apurtenances thereunto belonging 5"^ to Tho' Pearce &
Eliz'* his wife all that Land that Lyes to the westard of s'^ Fed- ricks from the high way down northward to y* high way by the
NEW HAMPSHIRE WILLS 65
water Side and So across the way over the Bank into the River and is bounded by Henry Paine on the west and S*^ Fedrick on y* East together w'" all that Lott that the Graves is contained in and is what lyes between the S"^ Fedrick and Tho* Marshal Jun"" as by their bounds before expressed as is Sixty Eight foot fronting on the high wa}'- y' runs by Reeds & Kelly's houses w'^ all the priviledges thereunto belonging To have & to hold the S'^ two Lotts to them the S'^ Tho' & Eliz"^ Pearce and their heirs Exec" adm" & assigns for Ever In Wittness we the partyes as aboves"* do mutually together agree to Stand & abide by the foregoing division and do bind & oblidge our Selves & our heirs Exec" and adm" each one to y^ other in the penal Sume of fifty pound to be recovered from him that any way offers to disturb the quiet pos- session amongst our Selves or to act contrary to y^ true Intent & meaning of these p''sents As Wittess our hands & Seales the day and year as afores*^
signed sealed & D D in the John Cronch [Seal]
■^sence of us Frances Cronch [Seal]
John ff'rost Tho^ Cosen [Seal]
Nath' hite Eliz''> Cosen [Seal]
Henry Payn Tho' Marshal Ju'' [Seal]
Christop'' ff'redrick [Seal] Mary ffVedrick [Seal] Tho* Pearce [Seal]
Eliz^ Pearce [Seal]
[Deeds, vol. 10, p. 491]
66
NEW HAMPSHIRE WILLS
.c:>A 2^
T/x-nliS 91-^ Y^rs Zand in /frost's XosJcsst'on
Tkt, Uraft o/T^oif TTlusseis Zand Hivided amort^sf At 3 heirs J/iril
y^ jo'^ IJI
s'<^Ji.cre2ls QcLrden.
[Deeds, vol. 12, p. 207.]
WILLIAM MOULTON 1663/4 HAMPTON
The Last will & Testament of william moulton of Hampton in the County of norfolke in new England :
I william moulton being sick & weak of body butt sound in my understanding & memory Doe by this my last will & testament settle my Estate as followeth
Imp I Give & bequeath unto margritt my Loving wife my new House being the west partt of my Dwelling House with the Chambers belonging thearunto and the use of the leanto and the one Halfe of the orchyard as itt is Devided by a parth Goeing
NEW HAMPSHIRE WILLS 67
through itt she haveing liberty to Choose which pt she pleaseth the which shee is to Injoy Duering [the terme] ^ of Her life or to her Day of marriage Item I Give unto margritt my wife the bed which standeth in my new Room with all furniture theirunto belonging with the Rest of my Beding and the moveables in the house Exxepting whatt is other waise Disposed of as shalbee after Expressed Itte I Give unto margritt my wife my warmeino- pan & smoothing Iron and fier shovell & tonges, and the Rest of the Iron Brass and peuter is to bee Devided into two partts by one ■of my Exequeters and my sones and then my wife to Choose her partt & my two Elderst sones to hav the othe partt : Ittem I Give unto margritt my Loveing wife my whole stocke of neatt Cattle Horse & Swine towards the bringing up of my Children Except- ing the Horse which only is to Returne unto my Eldest sones att the Day of my wives marriage or death : only my Childeren are to Injoy those Cattle which are now accounted theirs viz : my sone Joseph three my son Benjamin two & Hanna one & mary one :
Ittem I Give unto my son Joseph moulton my Dwelling House & Barne with all my outt Houseing and my House lott being by Estismation ten acres more or less as itt is and ten acres of plant- ing land in the north plaine lying by Henery Robies land the which was Granted to mee by the Towne and five acres more or lesse lying in the East field adjoyning to the land of will Samborn & Samuell ffoge : and nine acres of fresh medow lying near to the Great bores Head between the medow of John Browne and Gilles ffullers : Ittem two acres of Salt marsh lying in a place Called the severals between the marsh of william fiuller and Christopher Palmer : Ittem five acres of Salt marsh on the other sid of the fales, lying betwee[n] the marsh of will ffifield & Phillip Lewes : Ittem I Give unto my son Joseph three shares of Comonedg two shares of the Cow Comon & one share of the ox Comon : Ittem I Give & Bequeth unto my sonn Benjamin Moulton ten acres of Planting land Adjoyning to my House lott : and ten acres of Planting land in y® north Plaine Adjoyning to y® lott of Thomas 1 Words in brackets are supplied from the recorded copy.
68 NEW HAMPSHIRE WILLS
marston y« which was first Granted to Robert marston : Ittem fower Acres of medow in the Greatt medow lying between the medow of will ffuller & Henery Robey : Ittem thre : acres in the Greatt Bores Head medow Adjoyning to the medow somtimes Thomas Chases : Item five acres of Salt marsh lying on the other side of the River by the landing place Ittem one share of the Cows Comon and one share of y® ox Comon : Item I Give unto my Son Robertt INloulton six acres of Planting land in the East feild Adjoyning to the lott of John Redman
And further itt is my will and Determination thatt when my sone Joseph shall Come to the Age of twenty one yeers hee shall Enter upon & posses the land which I have here Given and Appointed for him and them thatt hee shall yeerly '^vid and lay in for his mother fower loads of Hay : and shall likewise pay unto his mother Every yeere fifteen Bushiles of Indian Corne and Eight Bushiles of wheatt and five Bushiles of malt all merchent- able and thatt my son Joseph shall afford and Allow His mother Convenient House Room for her Hay and Cattell Duering the terme of her life or to her Day of marriage
and further thatt my son Benjamin shall '^vide for his mother three load of Hay yeerly to bee putt into the Barne and to pay her ten bushilles of Indian Corne & Six bushiles of wheat yerly Duer- ing the time above sayd : the which Corne is by both my sons to bee Delivered as their mother shall stand in need
Itt I Give & Bequeth unto my daughter Hanna moulton the some of ten pounds to be payd out of my stock when shee shall Com to the Age of sixteen yeers the which is to bee Improved by my Exequetor for her untill shee shall Com to the Age of twenty yeer or att her day of marriage which shall fall out first
Itt I Give unto my Daughter mary the some of ten pounds to bee payd by my sonn Joseph five pounds when [she] shall Come to the Age of sixteen yeers and five pounds the yeer following
Itt I Give unto my Daughter Sarah the some of ten pounds to bee payd by my sonn Benjamin five pounds when shee Come to the Age of sixteen yeers and five pounds the yeere followin
NEW HAMPSHIRE WILLS 69
Ittem I Give unto my Daughter Ruth the some of ten pounds to bee payd by my son Josuph moulton five pounds when she shall Arive to the Age of sixteen yeers and five pounds the yeere following
Item I Doe appoint Conserning my Child which is yett un Borne thatt if God Give itt life untill itt Come to the age of four- tteen yeeres itt shall Chose a gardian and shall then my two sones Joseph & Benjamin shall pay unto the sd Child the some of five pounds to bee Improved in the Hands of the sd Gardian for the "^fitt of the Child untill itt shall Come to Age : and itt is Alwaies ■^vided thatt att my wives marriage the paymentt of the Corne & Hay by m}?^ sons above mentioned shall seace : and thatt when my wife leave the house the sd new Room is to Remaine to my sonn Joseph and y' all her Removeing the bedstead & the Greatt Table and other Lumber shall Remaine in the house by lumber I Intend tubes & troughs & such like : and thatt when my sones Come to Age my plowes Cartes yoaks & Chaines and such Imple- ments ot Husbandry shalbe Devided between m}' two sons Joseph & benjamen : -and thatt my two sones Joseph & Benjamin shalV ■^vid & bring home for their mot[h]er twenty loads of wood ^ annum thirtteen loads to bee '^vided by Joseph & seaven loads by Benjamin Duering the terme of her life or untill the Day of her marriage & they are to begin their time of "^viding of this wood when Benjamin shall Come to the Age of twenty one ; and my will and Intent is thatt If my sone Joseph Depart this life before hee Com of Age thatt then my sonn Benjamin shall Injoy his lige- sey and thatt my sone Robertt shall Injoy the legesay appointed to Benjamin
And farther I Doe will and Determin thatt if thear bee any of the stocke left att my wives Desease thatt itt shalbee Devided amongst my Children by my Exequetors or so much of itt as they shall Judge meett my two Eldest Exeqter and I Doe make Co[n]- stitute and appoint my Loving father in law Robert Page yeoman and my Loving Brother in law Henery Dow to bee my Lawfull Exequetors to this my last will and testiment who are to Adminester
70 NEW HAMPSHIRE WILLS
[uppon my estate] and to settele itt according to this last will after my Disease and I Doe appoint y^ att my sones Reseiving their ~^tions they shall allow unto their mother Comonedg for to keepe her Cattle Duering the time above sparcitied and this my last will and testament I Doe Conferme with my hand & seale the Eight Day of march Anno D one thousand six Hundred and sixty & three : ^vided thatt if att my wives marriage the thirds of my land should bee Claimed from my sones then y' the Exequetors shall Devid the stock to my Children or so much of it as they shall see meett
Wittnes m}' Hand & seale Will [Seal] moulton
Signed Sealed and Confermed in the p''sents of
Robertt X Page His mark
Samuel Dalton
Thomas Page
[Proved Oct. ii, 1664.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. 2, p. 9.]
[Inventory of the estate of "William jNIoulton of Hampton: late Deceased : upon the Eighteenth day of Aprill : Anno : 1664"; taken by William Godfrey and John Sanborn May 14, 1664; amount, £470; attested by Robert Page and Henry Dow,, executors.]
[Esse.x County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. 2, p. 12.]
[Sarah Moulton acknowledges the receipt, April 28, 1674, from her brother, Benjamin Moulton, of £10 left her in the will of her father, William Moulton ; witnesses, Henry Dow and John Moul- ton.]
[Norfolk County, Mass., Deeds, vol. 2, p. 341.]
NEW HAMPSHIRE WILLS 7 1
THOMAS PHILBRICK 1663/4 HAMPTON
The Last will and testament of Thomas Philbrick Sun'' of Hampton in the County of norfolke in new England=
I Thomas Philbrick being very Aged and weak in body Butt sound in understanding senc & memory Doe settle my Estate according to this my last will here under written
Impri I Give and Bequeth unto my son James Philbrick and to my Grand Child John Philbrick my fresh medow lying near to the Beach being by Estimation six acres more or less as itt is the which to bee Equally Devided betwen them att such time as shal be . after mentioned : Ittem I Give unto my son James Phil- brick . . Dwelling House and my House lott with the orch- yard and all . . . priveledges and appertinances thear unto belonging to him . . His Heiers for Ever : Ittem I Give & bquith unto my son . . and to my Grand Child John Philbrick my .... of Thomas Sleeper lying towards the Clam- bancks in that . . of marsh Comonly Called the Little ox Comon to bee Devided . . them att such time as is hereafter mentioned
Ittem I Give unto my sonn Thomas Philbrick the some 01 . pounds to bee payd by my Exequetor after my disease Ittem I Give unto my sonn Thomas Philbrick the land which was sometimes Daniell Hendrakes Called the Hop Ground to bee wholly att His Disposall at this p'sent time : Ittem I Give unto my sonn James one bed with all the furnituer thearunto belongeing and a payer of Cob Irons and a payer of tongues : Ittem I Give unto my Grand Child John Philbrick thatt Bed which hee useth to ly upon with the Bedding Belonging to It. and my Beede and [fower]^ wedges and one of my Hakes: and a weanable Cow Calfe within a yeer after my Diseace to bee payd by my Exequetor and like wise I Give to my Grand Daughter Hanna Philbrick one weanable Cow Calfe the next yeer to bee payd by my Exequetor
Ittem I Give unto my son James Philbrick my mare and hee
^ Words in brackets are supplied from the recorded copy.
72 NEW HAMPSHIRE WILLS
is to pay or deliver unto my sonn Thqmas Philbrick the first Colt
which she shall bring when itt is weanable Ittem I Give my
fower Cowes to my fower Daughters to my Daughter Elizabeth
one to my Daughter Hanna one to my Daughter mary [one] and
to my Daughter martha one to bee Delivered b}' my Executo"" after
my Deseace and the moveables in the House which [are] not
Expressed above are to bee Equally Devided between [my tour]
Daughters after my Desease. and I Doe appoint my sonn
[James] Philbrick to bee my lawfull Exequetor to this my Last
[will] and Testament and I Doe Declare itt to bee my Intent thatt
[when] my Grand Child John Philbrick shall Come to the age of
twenty one yeeres thatt then hee shall Enter upon & posses whatt
I have Given him by this last will : and thatt att the Deseace of my
Daughter Elizabeth Garland her son James Chase shall have one
Cow in lew of the Cow which I have Given m}^ daughter Elizabeth
& thatt the Cow Given to my Daughter Cass shalbee for the use
and "^fitt of her daughter martha : & for the Confermation Hereof
I have sett to my hand & Seale the twelft of march i66 : 64 :
Signed & Sealed in y^ p''sents of Thomas [Seal] Philbrick
Samuell Dalton X
IMehetabel Dalton his mark
[Proved Oct. 8, 1667.]
[Essex County, Mass., Probate Files, and Norfolk County, Mass., Deeds, vol. 2. p. 99.]
[Inventory, taken by Thomas Marston and John Redman ; amount, £124; sworn to by James Philbrick.] [Essex County, Mass., Probate Files.]
JOHN iMARTIN 1664
The last Will & Testament of John Martyn made this 5'" April 1664. / .
I will that what estate I have may bee distributed as followeth vz : One third part of my whole estate I give & bequeath unto mv beloved Wife Sarah Martvn.
NEW HAMPSHIRE WILLS 73
The Other two thirds I will that it bee equally divided between my live Children Sarah Mary Mehitabcel Hanna S: Abraham Saving only that I give unto my servant William Peirce all my Tooles
Further I will that my Wife & my Brother Larefet shall bee my Executors. —
Also I request Capt" Brian Pendleton & M"" Richard Cutt to bee Overseers for the '^formance of this my Will according to the true Intent of the same. As witnes my hand & seale.
Witnesse John Martin [seal]
Joshua Moodey
Richard Marty n
[Proved June 30, 1664.]
[Court Papers, 1674-1677. p. 217.]
ROBERT READ 1664 HAMPTON
[Account of the administrator, Robert Smith, against the estate ■of Robert Read of Hampton, showing a balance of £7.2.6 due him from the estate. This the court, April 12, 1664, ordered to be paid out of the rent of a house in Boston belonging to the estate.]
[Norfolk County, Mass., Court Records.]
WILLIAM URIN 1664 STAR ISLAND
[Administration on the estate of William Urin of Star Island granted to Jonathan Wade, Capt. Brian Pendleton, Richard Cutt, and Nathaniel Fryer May 13, 1664.]
[Court Records, May 13, 1664, in Deeds, vol. 2, p. 85.]
["A tre^iy' Tnvice of the goods of William Uren deceased the last of App^j-ill 1664" ; amount, £433.12.8 ; signed by Jo" Hunk- ing, John Fgbes, and Christopher Joce ; brought into court July II, 1664, by Capt. Pendleton.]
74 NEW HAMPSHIRE WILLS
under written do attest & affirm, That Capt : Richard Cutt & Capt James Pendleton, & my self & Jonathan Wade, were all appointed Administrators of the Goods & chattels of William Urin of Star Island, who died intestate, as by the Records of the Town of Portsmouth related thereunto as at large appeareth, in the year of our Lord God One thousand Six hundred Seventy one or Sev- enty two ; as appeareth also by bond given the 17"' day of July 1672, under y* hand and seal of Richard Woolcomb, that mar- led said Urins widow to the abovesaid Administrac'on of One hun- dred & ffifteen pounds in money, to bear them harmless in what they acted about sd Urins Estate which Bond is now with me Nathaniel ffryer Sen"" So we y^ abovesaid Administrators acted in that Power, and by the desire of the said Urins Widow, gave & consented that the said Widow should have y* House, and all the Land that was her deceased Husbands William Urin's, that lyeth on the Great Island at Pascataqua, for & in her Thirds, clear of all Debts heirships or incumbrances whatsoever of the sd
Urins Estate.
Nathaniel ffryer Taken upon oath the 11^ > \
November 1685, before me >
R Chamberlain Just P.
[Deeds, vol. 3, p. 182 b.]
OTHO TUCKERMAN 1664 PORTSMOUTH
[Administration on the estate of Otho Tuckerman of Portsmouth granted to his widow, " Eme '' Tuckerman, May 24, 1664.] [Court Records, May 24, 1664, in Deeds, vol. 2, p. 85.]
[Administration on the estate of Otho Tuckerman granted to his widow, "Eme" Tuckerman, "& Leaves it in her hands until she shall marry againe, & then bond is to be given unto this Court for the securing the childrens portions out of it."]
[Court Records, June 28, 1664, in Deeds, vol. 2, p. 90.]
NEW HAMPSHIRE WILLS 75
[Inventory, 1664; amount, £84.19.3 ; signed by Pheasant East- wick.]
WILLIAM KING 1664 ISLES OF SHOALS
[Inventory of the estate of William King who died at the Isles of Shoals ; taken May 28, 1664; amount, £21.2.0; signed by John Hunking and John Marden.]
[Administration on the estate of William King of the Isles of Shoals granted to his son, William King.
William King, the administrator, being under age, chose John Hunking as his guardian.]
[Court Records, June 28, 1664, in Deeds, vol. 2, p. 88 b.]
MRS. LUDECAS 1664 DOVER
[Inventory of the estate of Mrs. Ludecas, taken by Thomas Willey and John Meader June 2, 1664; amount, £11.6.0.]
[Account of her debts to Thomas Humphre}'' ; amount, £11. 6. i ; sworn to by