Georgia: Decatur County: Last Will & Testament of Joseph Spooner 1770 October ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Bonnie Toole EToole@aol.com ==================================================================== Information from Bristol Co., MA Vital Records obtained by Bonnie Toole. Joseph made his will October 3, 1770 (or October 23, 1770) in which he named seven of his children: Zoath, Simpson, Caleb, Ruth, Lois, Lucy and Mary. His will was probated February 17, 1771. I give and bequeath unto my son, Simpson Spooner (the eldest son) and to his heirs and assigns forever, all that part of my homestead farm lying between the river and a line running north and south from a pine tree near the path that goes from the widow Hannah Hathaway's to Thomas Hathaway's and on the easterly side thereof; he paying to his sister, Lucy, three pounds lawful money when he shall come to the age of twenty-two years and allowing to his sisters the quiet and peaceable use and improvement of the northeasterly room in my now dwelling house so long as they do remain unmarried and likewise liberty to bake their bread in the oven and draw water out of the well. His three sons served in the Revolutionary War. The information for the marriages of his and Deborah's children, not including Zoath, was obtained from the Vital Records for Bristol Co., New Bedford, MA. Excerpts of will of Joseph Spooner The Twenty third day of October Anno Domini One Thousand Seven Hundred and Seventy, I, Joseph Spooner, of Dartmouth in the County of Bristol in the Province of the Massachusetts Bay in New England, yeoman, being very sick and weak of body but of a sound prepossessing mind and memory, therefore, do make and ordain this my last will and testament, thereby disposing of such worldly estate as it hath pleased God to bless me with this life in the following manner and form: Imprimis: My will is that my just debts, funeral charges and just expenses of all sorts be first paid out of my livestock what my outstanding debts will not pay. Item: I give and bequeath unto my son Simpson Spooner and to his heirs and assigns forever all that part of my homestead farm lying between the river and a line of running north and south from a pine tree ?? near the path that goes from Widow Hannah Hathaways to Thomas Hathaways and on the Easterly side thereof, he paying to his sister, Ruth, thirty shillings lawful money and to his sister, Lucy, three pounds lawful money when he shall come to the age of twenty-two years and allowing to his sisters the quiet and peaceable use and improvement of the northeasterly room in my now dwelling house so long as they do remain unmarried and likewise liberty to bake their bread in the oven and draw water out of the well. Item: I give and bequeath unto my son Zoeth Spooner and to his heirs and assigns forever all that part of my homestead farm from the before said line running north and south across the Horne Neck from the said pine tree before mentioned to a line running south across to homestead from a bound between my land and Tish Swifts land where the line between our land turns and runs northeast or nearby that point up into that called Mortons Neck. I likewise give my son Zoeth his heirs and assigns forever my salt meadow in Conticut Neck with the upland joining thereto. Item: I give to my son Simpson Spooner and to his heirs and assigns forever twenty acres of woodland to be taken off joining to Tish Swifts Land in that called Nortons Neck to begin just beyond or to the northward of the low swamp land to be twenty rods in width and one hundred and sixty in length up into said Neck. Item: I give and bequeath unto my son Caleb Spooner and to his heirs and assigns forever all the remainder of my homestead farm with my swamp and salt meadow by Doctor Perrys, he paying thirty shillings to his sister Lois and three pounds to his sister Marcy when he comes to the age of twenty two years. Item: I give unto my daughter Ruth Spooner thirty shillings lawful money to be paid her by my son Simpson Spooner. Item: I give unto my daughter Lois Spooner thirty shillings lawful money to be paid to her by my son Caleb Spooner. Item: I give unto my daughter Lucy Spooner three pounds lawful money to be paid her by my son Simpson Spooner. Item: I give unto my daughter Mercy Spooner three pounds lawful money to be paid her by my son Caleb Spooner. Item: I give and bequeth unto my four daughters* above named all my indoor moveables and household goods of what name or nature soever the same may be. I likewise give them the use and improvement of the northeast room in my dwelling house so long as they shall remain unmarried. Each one personally to be entitled to the use of it so long as she remains single. Likewise liberty to bake in the oven and to draw water out of the well. Item: I give and bequeath to my son Zoeth Spooner and to his heirs and assigns forever my house and lot by Benjamin Dillinghams. Further, Joseph states what he desires be done with the meat and corn, and that it does not go out of the family for division. He also designates that whatever residue and remainder of his estate be divided equally between his three sons. *Daughter, Elizabeth b. 13 Apr. 1761 was not mentioned in the will. Deborah's death preceded Joseph's. Joseph also requests that "my trusty and esteemed friend Lieutenant Seth Pope sole executor of this my last will and testament and likewise appoint him overseer to my children, desiring and empowering him to take care of them and their estates until they come of age to act for themselves." His will was signed, sealed, published and pronounced by the said Joseph Spooner as his last Will and Testament. In the presence of the subscribers. Thomas Wrightington, Jonathan Hathaway, Peter Sands Joseph made his mark "X". His Will was Proven 17 Feb. 1771, Bristol County. According to records in Probate Court, Bristol County, Massachusetts, Wesson Tallman qualified as guardian of Zoeth/Zoath, son of Joseph Spooner, late of Dartmouth, and on 16 December 1778 Nathaniel Spooner, uncle of minor was guardian. Zoeth would have been 8 to 11 years old, depending on his true birth year.