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abt 1680 Yarmouth, Barnstable Co., MA - May 24 1718 Chatham, MA
In the name of God, Amen, the
Twentieth Day of February, 1707-8. I, Paul Sears, Senr. of yarmouth, in
ye County of Barnstable, in New England, being
at this time ill and weak in body but of Disposing mind and memory,
Praised be God, Do make, Constitute, ordain and Declare this my Last Will
and Testament, in manner and form following: First, and principally. I
Comitt my soul to God, most humbly depending upon the gracious Death and
merits of Jesus Christ my only Lord and Saviour for Salvation, and to the
free pardon of all my sins. And my Body to the Earth to be buryed in such
Decent Christian manner as to my Executors hereafter named shall be
thought fitt. And as for my outward Estate, as Lands, Chattels and Goods,
I do order Give and Dispose in manner and form following; First, - I will
that all those Debts and Duties that I owe in Right or Conscience To any
perosn whatsoever shall be truly paid in convenient time, after my
Decease by
my Executors hereafter named, out of my movable Estate. Item,- I do give
and bequeeath to my eldest son Samuel Sears, all that my land and meadow
in the township of Harwich upon part whereof his house now stands as is
comprehended within and between the boundaries now following: (that is to
say ,) bounded on the east by Kenelm Winslows Land at ye known and
accustomed bounds and on the west side beginning at a remarkable rock,
(lying about four Rods eastward from Yarmouth bound Rock at bound brook,)
and from the sd Remarkable Rock the line runs Southerly over the Swamp
and up ye hill to a great Pine tree marked in sd Yarmouth line: and
thence up ye same straight line Southerly to the highway: and thence
eastward as the way runs to ye said Winslows Land, (the sd highway being
the bounds on ye south side) And the beginning again att ye sd Remarkable
Rock the line runs norhterly to a stone sett in ye ground: and thence
easterly to the edge of ye marsh by a straight line to another stone sett
in to the ground, and so bounded by the marsh to another stone sett in
the ground northerly on a straight line to a bend of ye main Creek at a
stone sett in the Maresh, and on the north side tis bounded by tyhe known
and accustomed bounds and of my interest in the undivided lands in sd
Harwich, viz.: that is my sd son Saml. shall sixteen acres to himself in
ye next Division(ye proprietors make of the undivided Lands) and the one
half of all the rest of my interest there. All which sd Lands and Meadows
shall be to my sd son Samuel Sears, and to his heirs and assigns forever,
he yielding to his
mother, my wife, one third part of ye proffits thereof during her natural
life, and also paying to his two brothers Richard and Daniel, forty and
two pounds in money towards the paying their purchase at Manamoy. I do
give him my Try pott and Kettle. It.- I do give and bequeath to my son
Paul Sears and to his heirs and assigns forever, one piece of fresh
meadow called the Green Meadow which lyeth on the north side of my old
house and is bounded eastward at ye Well or Spring, then westward taking
in all ye Marsh or ground to ye old cartway (which leads into ye neck) on
Joseph Sears fence: thence northeastward as the old sd cartway and fence
runs to Zachariah Paddocks fence or line which is ye bounds on ye north
side to bound brook, the sd bound brook and well or spring being the
bounds on the east side, and also one quarter part of my interest of the
undivided Lands in sd Harwich (besides the above sd Sixteen acres given
to my son Samuel,) and for the rest of my son Pauls land is in ye neck
where he now dwells, and by me confirmed by Deed of Gift formerly, and my
Will is that he shall yield to his mother, my wife, one third of the
proffits or income of all I have given him, during her natural life, and
that he shall pay to his two brothers Richard and Daniel, forty and four
pounds in money towards the paying their purchases att Manamoy. My will
further is that the Ditch which hath been the accustomed bounds in the in
the marsh betwixt my son Paul, and my kinsman Josiah Sears shall remain
for- ever; beginning southerly att ye upland and running straight
northerly to the Creek which did run on ye north side of ye island, which
creek shall be the north bounds: And my Will is, and I do give all that
slip of meadow on the West side of ye sd ditch unto the said Josiah
Sears, his heirs and assigns forever. It.- I do give and bequeath unto my
son John Sears, and to his heirs and as- signs forever, all the rest of
my Homestead, both housings, lands and meadows, also one quarter part of
all my interest in the undivided lands in ye sd Harwich, excepting the
sixteen acres before given to my son Saml.-he my sd son John allowing and
yielding to his mother, my wife, the one third part of my Housing, and
the third of the proffits of ye lands during her natural life, and he
paying to his two brothers Richard and Daniel, forty and four pounds in
mon- ey towards their purchase att Manamoy. It.- I do give and bequeath
all my movable Estate as Cattle, sheep, horses, swine and household stuff
&c, unto my loving wife Deborah, (my Debts and Funerall charges being
first paid.) She shall have the rest for her comfort while she lives: and
what she leaves at her death to be equally divided amongst my daughters
to whom I have each of them given such parts or portions as I was able or
thought fitt. Lastly,- I do nominate and appoint my sd son Saml Sears and
my Loving Wife Deborah executors to this my last will and testament. In
witness whereof, I have hereunto sett my hand and seal ye day and year in
ye other side forst above written.
Signed, sealed & declared in The mark and seal of presence of Paul (=)
Sears, Senr. (seal) John Thacher Zachariah Paddock Samuel Howes

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