EDWARD FITZGERALD, JR. NH-Merrimack-Boscawen-Will & Probate-Fitzgerald-1818 Date: 3/23/99 11:08:51 AM Eastern Standard Time From: Alexandr@ix.netcom.com (Cheri Wilkinson) WILL AND PROBATE OF THE ESTATE OF EDWARD FITZGERALD, JR. Hillsborough County, NH Probate Records 03865 Gerald, Edward 1818 Will - Volume 26, Page 289 Let. - Volume 18, Page 329 Transcript (prepared February 10, 1997 by Cheryl Wilkinson) of photocopy of Will of Edward Gerald recorded in the County of Hillsborough and State of New Hampshire: DOCUMENT 1 - WILL: "In the name of God Amen I Edward Gerald of Boscawen in the County of Hillsborough and State of Newhampshire Gentlemen ---Being weak in Body but sound in mind and memory blessed be God for the same do make and ordain this my last Will and Testament in manner and form following first and primarily I commend my soul into the hand of God my Heavenly Father hoping through the Merrit and intersesion of the Lord Jesus Christ to obtain the free pardon of all my sins and a glorious resurrection to eternal life and my body I commit to the earth to be decently buried at the discretion of my Executor hereafter named. And as to this world, goods which it hath pleased God to Bless me with I dispose of in the following manner firstly I order that all my Just Debts and Funeral expenses be paid as soon as is convenient after my Decease by my Executor hereafter named I Give and bequeath to Abinezer Gerrald my beloved wife all my Houshold furniture including bed, and all kind of cloathing also my Pue in the lower part of the Meeting house also about five acres of land being part of the forty five acre lot belonging to the right of William Moody to dispose at her Descrition, I also give and bequeath unto her the use of one cow and the use of four sheep and also the use of a horse to ride whenever she shall want also one hog each year during her natural life. I also give and bequeath unto my wife the use of one half of all my farming utentials During her natural life. I also order that all the provision I have of any kind shall be used and expended in the family as heretofore. I also give and bequeath unto my Daughter Mehitable Gerald a privilege to live in the House so long as she remains unmarried She having had her portion in land. I also give and bequeath unto my Daughter Abinezer Hoyt forty Dollars to be paid by my son Samuel Gerald he having had more land than I considered his portion. I also give and bequeath unto my Daughter Ruth McDonald twenty two Dollars to be paid by my son Samuel Gerald he having more than his portion as above I also give and bequeath unto my Daughter Sally Cole forty Dollars to be paid by John Gerald and twelve Dollars by Enoch Gerald. I also give and bequeath unto my Daughter Polly Gerald twenty Nine Dollars to be paid by John Gerald also Sixty four Dollars to be paid by Thomas Gerald he having more than his portion in land. I also give and bequeath unto my son Edward Gerald all my wearing aparril of every Description he having had his portion in land I also give and bequeath unto my son Enoch Gerald about two acres of land adjoining his land in Oxford by his paying Sally Cole twelve Dollars he having had his portion in land I also give and bequeath unto my son David Gerald one Dollar he having had his portion by Deed I also give and bequeath unto my son Samuel Gerald about thirty seven acres of landing laying on the west side of Blackwater River it being all the land belonging to their lot on the west side of the river which I have not before conveyed by his paying Ruth McDonald twenty two Dollars and also forty Dollars to Abinezer Hoyt. I also reserve the privilege for my son John Gerald to cut fire wood on the land I gave to Samuel also for Thomas Gerald to cut timbers for building. John is not entitled to cut any wood after his mothers decease. It is to be considered John is to cut 16 cord of wood yearly. I also give and bequeath unto my son Samuel Gerald about thirty six acres of land being part of the lot I now live on Beginning at the north east corner of the lot thense southerly on the line of the lot about forty rod, to a {unreadable} thence running westerly carrying the same and the about hundred and thirty six rods to land which was formerly sold to Asa Day by his paying sixty four Dollars to Polly Gerald I also give and bequeath unto my son John Gerald all the rest residue and remainder of my Estate both real and personal of what name or naturesoever also all Debts Dues and Demands an also all the stock and tools which I gave my wife the use of, at her Decease except my Pue in the gallery which I leave to the use of each and every one of my children when they shall have ocation to use it. I do constitute ordain and appoint my son John Gerald to be Sole Executor of this my last will and Testament hereby revoking and making void all former Wills by me made, Declaring this to be my last will and Testament in witness whereof I have set my hand and seal this ninth Day of December Ano Domini one thousand eight hundred and seventeen Edward Gerald Signed Sealed Declared and Published in presence of Mery Little John Stevens Pelatiah Gookin DOCUMENT 2 - LETTERS TESTIMENTARY: HILLSBOROUGH, /SS Probate Court in Hopkinton in said County the third day of January Anno Domini, 1818 The foregoing instrument, purporting to the last Will and Testament of Edward Gerald late of Boscawen in said County, deceased, being presented for Probate by John Gerald the Executor therein named, John Stevens and Pelatiah Gooking two of the Witnesses, whole names are thereto subscribed appear and make solemn oath that they saw the said Testator sign, seal, and heard him declare the said instrument to be his last Will and Testament, that he was then, to the best of their judgment, of sound and dilpoling mind and they with Benjamin Little subscribed their names together as witnesses to the execution thereof, in prefence of the said Testator It is therefore DECREED, that the same be and it is hereby proved and approved as the last Will and Testament of said deceased, the same being done in common form without notice. John Harris, Judge of Probate KNOW ALL MEN BY THESE PRESENTS, That we John Gerald yeoman, John Stevens Farmer and Amos Corser yeoman all of Boscawen in the county of Hillsborough State of New Hampshire are holden and stand firmly bound and obliged unto John Harris Esq. Judge of the Probate of Wills and granting Administrations within the County aforesaid, in the full and just sum of Five Thousand Dollars, to be paid to the said Judge, his successor or successors in said Office, or to his or their assigns, to the which payment, well and truly be made, we bind ourselves, our heirs, executors and administrators jointly and severally, firmly by these presents. Sealed with our seals. Dated the third day of January Anno Domini, 1818. THE CONDITION OF THE OBLIGATION IS SUCH, That if the above bounden John Gerald who is nominated and allowed to be Executor of the last Will and Testament of Edward Gerald deceased, and who has accepted that trust shall well and truly pay all debts due from the said Testator at the time of his decease, and all charges of his funeral, and all the legacies and bequests given and by the same Will and Testament, and shall in all things faithfully execute the said office and trust of Executor of the said last Will and Testament, agreeable to the tenor, and force and effect of the fame, and the rules and directions of the law relating to the duty of said office and trust, and shall render, upon oath, an account of his proceedings there, when lawfully thereto required; then the above Obligation to be void and of none effect, or else to be and remain in full force and virtue. Signed, sealed and delivered in the presence of George Harris John Gerald, John Stevens, Amos Corser ************************************************ * * * * NOTICE: Printing the files within by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. * * * * The USGenWeb Project makes no claims or estimates of the validity of the information submitted and reminds you that each new piece of information must be researched and proved or disproved by weight of evidence. It is always best to consult the original material for verification.