Will of Robert Fitts, County of Worcester, Sutton Will Book 4, pg. 218, Province of Massachusetts Bay. Transcribed from SAMPUBCO copy by Meredith A. Smith 1 May 2006. In the Name of God Amen this tenth day of May AD 1753 I Robert Fitts of Sutton in the County of Worcester and Province of the Massachusetts Bay in New England, yeoman, being very sick and week in body but of perfect mind and memory thanks be given to God therefore calling unto mind the mortality of my body and knowing it is appointed for all men once to dye do make and ordain this my Last Will & Testament That is to say principally and first of all I give and recommend my soul into the hand of God that gave it and for my body I recommend it to the Earth to be buried in a Christian like and decent manner at the discretion of my Executors nothing doubting but at the general resurrection I shall receive the same again by the almighty power of God and as touching such worldly estate as it has pleased God to bless me in this life I give & devise & dispose of the same in the following manner & form that is to say -- In primise. It is my will and I do order that in the first place all my just debts and funeral charges be paid and satisfied out of my estate. Item. I give and bequeath unto Hannah my beloved wife the east half of my dwelling house and one third part of the seller under said house for to devote to her own service so long as she remains my widow. Likewise I give to my said wife all my household goods excepting one bed and furniture for said bed. I dispose of as after contained the said goods I give to my said wife to dispose to her own service and use so long as she remains my widow then at the end thereof two thirds of said goods to be equally divided to my youngest three daughters with one part thereof to be given to my daughter Mercy Fitts one part be given to my daughter Mehitable Fitts one part to be given to my daughter Mary Fitts and the remaining third of my said goods that I have not disposed of I give to my said wife and her assigns forever. I further give to my said wife the priviledge of my garden the east end of said house to improve for herself so long as she remains my widow and my said wife shall have for her maintenance paid & delivered to her yearly by my son Ebenezer Fitts of Sutton in said County husbandman twelve bushels of Indian corn and three bushels of rye and one bushel of wheat and two bushels of barly or malt every year to be paid to her so long as she remains my widow and my said son Ebenezer Fitts shall keep one good cow for my said wife to have all the profit of and two sheep for her so long as she shall remain my widow and he my said son Ebenezer Fitts shall raise one swine every year for meat for my said wife so long as she shall remain my widow and likewise my said son Ebenezer Fitts shall keep a good horse and suitable tackling for my sd wife to ride to meeting and anywhere else she shall have occasion to ride I likewise my said son Ebenezer Fitts shall provide wood sufficient to keep one fire for my said wife so long as she shall remain my widow and my said wife shall have two cyder barrels which shall be filled every year with good cyder and st in the celler for her and have six bushels of good winter apples yearly delivd to her by son Ebenezer Fitts and my said wife shall have one peck of flax seed sown on my farm every year and have the whole of the flax so long as she shall remain my widow. Item. I leave to my beloved son Ebenezer Fitts abovesaid whom I likewise constitute make and ordain my only and sole executor of this my last will and testament all & singular all my lands mesouages (?) tenements in Sutton or Use where to him and his heirs and assigns forever. Together with all my stock of cattle and all my other creatures and all my husbandry laibling (?) and husbandry tools of all sort and I give to my said son Ebenezer one bed and the furniture for one bed and my cyder cask and dry casks of all sorts excepting two barrels which mentioned as abovesaid. Likewise I give to my son Ebenezer all my wearing apparel and my gun to him and his heirs and assigns forever. Item. I give to my son Robert Fitts Junr one dollar out of my estate paid by the executor . Item. I give to my son Jonathan Fits one dollar to be paid out of my estate paid by the executor and the reason I do not give my said sons Robert & Jonathan no more is because I have already given their proportionable part of my estate. Item. I give to my son Benjamin Fitts twenty pounds lawfull money paid by my executor in two years from the date hereof. item. I give to my daughter Hannah Town the wife of Bartholomew Town ten pounds thirteen shillings & four pence lawfull money paid by my executor in two years from the date hereof. Item. I give to my daughter Margaret Little nine pounds six shillings & eight pence lawfull money to be paid by my executor in two years from the date hereof. Item. I give my daughter Mercy Fitts thirteen pounds six shillings & eight pence lawfull money to be paid by my executor in two years from the date hereof. Item. I give to my daughter Mehitable Fitts thirteen pounds six shillings & eight pence lawfull money out of my estate paid by said executor three years from the date hereof. Item. I give my daughter Mary Fitts thirteen pounds six shillings and eight pence lawfull money to be paid out of my estate by my executor four years from the date hereof. Item. I give my son Abraham Fitts twenty six pounds thirteen shillings & four pence lawfull money to be paid out of my estate by my executor when my son Abraham comes to the age of twenty-one. Further I give to my son Ebenezer Fitts all my right and title in the cedar swamp in Oxford or Well at my homestead and all other ouyland I am levied of in Sutton to him and his heirs and assigns forever and all other land and land good & goods thing and things of what kind or kinds soefer that I have not mentioned in this my last will & testament I give to my said son Ebenezer Fitts my said executor and his heirs & assigns forever and I do hereby utterly disallow & revoke and disanull all and every other former testaments, wills, legacy and executor by me in any way before this time named willed & bequeathed ratifying and confirming this & no other to be my last will & testament – in witness whereof I have hereunto set my hand and seal the day & year above written X his mark Robert Fitts (ss) Signed Sealed Published & Pronounced and declared by the said Robert Fitts as his Last Will & Testament in the presence of in the subscription to Jonathan Lillie Henry Harback John Frye Worcesters: To all people to whom these presents shall come. Joseph Wilder Esq (SS) Judge of the Probate of Wills & in the County of Worcester within the Province of the Massachusetts Bay in new England, Sendeth Greetings Know ye that on the fifteenth day of June Anno Domini 1753 the instrument hereunto announced purporting the last will and testament of Robert Fitts late of Sutton in said County and province aforesaid, Yeoman decd was presented for Robert by Ebenezer Fitts the Executor therein named. Then present Jonathan Lillie Henry Harbach and John Frye the witnesses thereto subscribed who made oath that they saw the sd testator sign seal and heard him declare the said instrument to be his last will & testament and that they all subscribed their names together as witnesses to the execution thereof in the said testator's presence and that he was then (to the best of their judgment) of sound & disposing mind. I do prove approve and allow of the said instrument as the last will & testament of the before named deceased and do comitt the admn. thereof in all matters the same concerning and of his estate whereof he died lived and possessed in sd. County unto said Ebenezer Fitts the before named executor well and faithfully to execute the said will and to admn. the estate of the said decd according thereto who accepted of this trust and gave bond to fulfill the said will and he shall render an account upon oath of his proceedings when thereunto lawfully reqd. In testimony whereof I hereunto set my hand & seal of office the 22nd of August 1753 Joseph Wilder By order of the Hon Judge J Chandler, __ __ Entered from ye (?) on ge(?) /s/ J. Chandler Will of Robert Fitts, 1853 Page 3 Sutton Will Book 4, pg 218