In the name of God, amen. I, John Leavitt, of Hingham, in the
county of Suffolk, in New England, Taylor, being in health of
body and of perfect mind and memory, praised be God for the same,
do make and declare this my last will and Testament, in manner
and form, following: First and Principally: I commit and command m soul unto the
hands of Almighty God and my body to the earth, to be decently
buried at the discretion of my Executor hereafter to be named,
hoping for salvation both of soul and body, by the mercy of God
in the merits of my savior, Jesus Christ. And for, and concerning
the disposing of my temporal Estate, I do give and bequeath it
as follows: (to witt) My mind and will is that all my just debts,
which I owe to any Person, or Persons, whatsoever, shall be first
paid, and my funeral charges and Probate of my Will discharged
out of my personal Estate by my Executor hearafter named. Item. I give and bequeath unto Sarah Leavitt, my well beloved
wife all the rest of and residue and remainder of my Personal
Estate, (to witt); all my movable estate and all my household
stuff, and all my other goods, chattel, and Chattels, whatsoever,
for her own use and benefit, to dispose of them as pleases. Item:
I give and bequeath unto the said Sarah Leavitt my wife, after
my decease, the uses of all the house and lands, meadows and commons
which I now have, and am possessed of in the said Town ship of
Hingham, either by gift or purchase, or that I shall be possessed
of in the said township of Hingham, at the day of my death, for
and during the term of her natural life, for her comfortable maintenance.
Item: I give and bequeath unto my grandchild, Samuel Judkins,
the sum of fourteen pounds, to be paid unto him by my son, Josiah
Leavitt, within one year after decease of the said, Sarah Leavitt,
my wife, and to be paid in Country pay (viz) that which is the
growth of the country. Item: My mind and will is that after the decease of the said
Sarah Leavitt my wife, my above said whole estate of houses and
lands, meadows and commons in said Hingham; And also what movable
estate that my said wife shall not have disposed of in her life
time, shall then be valued and equally divided to my nine children,
as to the quantity of my estate,(to witt) to my son Samuel Leavitt,
Israel Leavitt, Moses Leavitt, Josiah Leavitt, Nehemiah Leavitt
and to my daughter, Sarah Howe, the wife of Samuel Howe, and my
daughter Mary Bate, the wife of Benjamin Bate, and my daughter
Hannah Loring, the wife of Joseph Loring, Abigail Leavitt, the
wife of Israel Lazell, except the said fourteen pounds, before
hereby bequeath to the above said Samuel Judkins, which said fourteen
pounds my mind is shall be deducted from the estate before division
of the said estate and the rest of the estate then to be divided
into nine parts as aforesaid to be added to the estate of Josiah
Leavitts ninth part for him to pay the said sum of fourteen pounds
to the above said Samuel Judkins-but in case the said Judkins
shall not live till the time of payment of the fourteen pounds,
before mentioned, then my mind and Will is, that the said fourteen
pounds shall be divided amongst my said children, as the rest
of my estate is to be divided. And whereas,I lent to my daughter, Sarah How when she was a
widow and called by the name of Sarah clap, the sum of five pounds
and ten shillings in money, my mind and will is that the said
five pounds and ten shillings shall be reckoned and accounted
to her as a part of her proportion of my estate, when estate shall
come to be divided:--- And whereas the said estate being to be divided into nine parts
will make my sons and daughters portion equal upon consideration
of what I have done for, and given to my daughters upon their
marriage, my mind and will is that my four daughters shall pay
each of them, five pounds apiece, (which makes twenty pounds)
to my grandchild John Leavitt, the son of my said son Israel Leavitt
out of each of their ninth parts of my estate, whichsaid twenty
pounds I do hereby give and bequeath to the said John Leavitt,
to be paid to him by my said four daughters, in Country pay, (viz)
that which is the growth of the Country after the said estate
shall be divided and their parts set out to them, and they to
pay the said twenty pounds to the said John Leavitt, each of them,
their own part within six months after the decease of my said
wife, and which of these two times shall come last. And whereas it is said before, in this my will that my said
estate after the death of my said wife shall be divided into nine
equal parts as the quantity of my estate--- yet, nevertheless,
my mind and will to settle some my lands to two of my sons, as
follows; that is to say, I do give and bequeath unto my son Israel
Leavitt a good part of my Home land where he, the said Israel
Leavitt now dwelleth, (to witt) from the River till it comes within
two rods of the Leanto, that join to the Eastward end of my Barn,
as it now standeth, and to run across my land from the water next
the lane to the land of Thomas Sayer, upon a square line, and
to have all that my land from the said line to the River Eastward,
both upland and meadow as it is bounded with the line Northward
and with the land of Simon Burr and Thomas Sayer, Southward, and
with the land of Simon Burr and Thomas Sayer, southward, and toward
the West with the said cross line that is to be ten (troo's) rods
to the Eastward of the said Leanto. Item: I give and bequeath unto my son Israel Leavitt a piece
of my great Lot, lying on the Eastward side of the River, 9to
witt) all that piece of upland which he have fenced in, and have
now in his occupation; and the piece of meadow joining to it,
which he now have cleared, (viz.) all the said land and meadow
lying within the said fence: also I give unto the said Israel
Leavitt another piece of land joining to the former piece of land,
(to wit) all that piece of land in which he goeth to the former
piece of land and meadow, as it is now bounded with the other
piece of land before hereby given to him, toward the West with
my pleasure as it is now fenced towards the South and with the
Swamp Land of my son Josiah Leavitt, toward the North, and with
the Common land toward the East, upon condition that he, the said
Israel Leavitt, his heirs and assigners shall from time to time,
and at all times forever set up and forever maintain a sufficient
fence on the north side of the said piece of land between the
said piece of land and Josiah Leavitt's Swamp Land; and the said
Israel Leavitt shall not make and ways to his land through any
other part of my great Lot, but shall keep within the bounds of
his own land. Item: I give and bequeath unto my son Israel Leavitt four of
my shares of the commons, (viz) four shares of the undivided Lands
in the said Township of hingham, provided always, and it is my
mind and will that when the estate shall be appraised after the
death of my wife, that if the said Lands, Meadows and commons
last above mentioned and given to the said Israel Leavitt shall
then be prized at more than the said Israel's ninth part of my
estate shall come to, that the said Israel Leavitt pay overplus
of the value of the said land and Meadow, and Commons to the use
of my children towards the making their parts of my estate, and
when the said Lands and Commons shall be prized to the said Israel
Leavitt, my mind and will is that the House on the Land that Israel
now dwell (eth) upon, shall not be prized as my estate, not yet
the labor he have bestowed on the other said pieces of land and
meadow in the Great Lot, in the Eastward side of the River; But
all the said Lands, Meadows and Commons before named, and given
in this my last will to the said Israel Leavitt, to be prized
as my estate. All which said Lands, Meadows and Commons, my mind
and will is that my said son Israel Leavitt, immediately after
the death of my said wife shall have, and hold possess and enjoy,
to him and his heirs and assigns forever, provided, he or they
shall well truly pay or cause to be paid the overplus of the value
of the said Lands, Meadows and Commons, which shall be more than
the ninth part of the said estate, (after the said fourteen pounds
be taken out of it) to such of my children as it shall then be
ordered for the making up of their part of the said estate. And
if he or they shall not presently after the said lands, meadows,
and Commons come into his or their hands make satisfaction for
the overplus of the value of the said lands, meadows, and commons,
to such of my children as it shall be due to be paid unto, that
then such of my children shall have so much of the best of the
said lands, meadows, and commons hereby given to the said Israel
Leavitt, as the said overplus shall come to, unless they can otherways
agree: provided also that if the said lands, meadows, and commons
hereby given to the said Israel Leavitt shall not amount to the
ninth part of the said estate, after the said fourteen pounds
be first deducted from it, that then the said Israel Leavitt shall
have his part made up out of the rest of the estate. Item: I give and bequeath unto my said son Josiah Leavitt,
after the death of my said wife, all my great Lot of land lying
in said Hingham, containing fifteen acres of land, be it more
or less (except) a part of said lot which I have formerly sold
to the said Josiah Leavitt and also, except such parts and pieces
of the said great lot, given and before mentioned in this my will
to my said son Israel Leavitt, the said great lot my said Josiah
Leavitt now dwelleth upon, and the said hole great lot is bounded
with the river westward, and another River called Rocky Meadow
River Southward and with the Common Lands Eastward, and Northward:
and my mind and will is that my said son Josiah Leavitt, his heirs
and assigns shall set up and forever maintain a sufficient fence
on the Northward side of my pasture land between the said pasture
land and the said piece of land now given to the said Israel Leavitt
lying on the northward side of the said pasture: also, I give
and bequeath unto my son Josiah Leavitt, four shares of the Commons,
to Wit: four shares of the undivided lands in the said Township
of Hingham, provided always, and it is my mind and will the the
said estate shall be prized after the death of my said wife, that
if the said land and commons above mentioned and given to the
said Josiah Leavitt shall then be prized at more that Josiah's
ninth part of my estate and the fourteen pounds added to it taken
out of the hole before division for him to pay, the same Samuel
Judkins shall come to, that then the said Josiah Leavitt shall
pay the overplus of the value of the said lands and Commons to
the rest of my children towards the making of their parts of the
said estate: and when the said Lands and Commons shall be prized
to the said Josiah Leavitt, my mind and will is that the Houses
now standing upon the great Lot that Josiah Leavitt make use of
and dwell in, shall not be prized as my estate, for they are his
already, he built them at his own cost and charge be my order
and consent, but all the lands and commons hereby given to him
to be prized as my estate, all which said lands and Commons last
above mentioned and given to the said Josiah Leavitt, my mind
and will is that the said Josiah Leavitt, immediately after the
decease of my said wife shall have, hold, possess and enjoy them
to him and his heirs and assigns forever, provided he or they
shall pay or cause to be paid the overplus of the value of the
said Lands and Commons which shall be more that the ninth part
of the said estate, and the said fourteen pounds added to it which
shall be deducted out of the whole estate before division thereof
for him to pay to the Samuel aforesaid. To such of my children as it shall then be ordered, for the
making up their part of the said estate. And if he or they shall
not presently after the said lands and Commons come into his or
their hands, make satisfaction for the overplus of the value of
the said lands and Commons to such of my children as it shall
be due to be paid unto, that then such of my children shall have
so much of the best of said lands hereby given to the said Josiah
Leavitt, as the overplus shall come to, unless he or they can
otherwise agree: provided also that the said Josiah Leavitt, his
heirs executors, administrators or assigns shall pay or cause
to be paid unto the said Samuel Judkin the above said fourteen
pounds which I have before given him in this my will in the same
place and at the time before mentioned to be paid, which fourteen
pounds is to be taken out of the whole estate before the division
thereof and to be added to the said Josiah Leavitt's ninth part
after the division is made to answer him, he said fourteen pounds
that he is to pay to the Samuel Judkin as aforesaid, provided
also that of the said lands and Commons hereby given to the said
Josiah Leavitt upon the apprizal thereof shall not amount to a
ninth part of the said estate, and the above said fourteen pounds
also added to it, that he is to pay to the said Samuel Judkin,
then he shall have his part made up out of the rest of the estate:---
And further, my mind and will is that when my said estate shall
be divided what lands shall go to the rest of my children for
their parts of my estate that each of them shall have, hold, possess
and enjoy their several parts of such lands to them and their
respective heirs and assigns forever, and further my mind and
will is that after my lands and meadows that I have in said Hingham,
be divided, what lands and Commons or meadows, shall fall to any
of my children, if any of the children shall be so minded to sell
their parts of such lands, meadows or commons that then my said
son Israeland Josiah Leavitt, or either of them shall have their
liberty fro three years time to purchase or refuse such lands
or meadows. And further:---my mind and will is that if my said son Israel
Leavitt shall at any time be minded to sell the said pieces of
land and meadow that I have given to him in this my will, lying
in the great Lot aforesaid, that he shall sell them to my son
Josiah Leavitt if he will buy them and give the worth thereof.
And I do hereby nominate and appoint the above said Sarah Leavitt,
my well beloved wife to be the sole executrix of this my last
Will and Testament:--- Item: My mind and will is also my earnest desire that my well
beloved friends, Daniel Cushing, Senior. Capt. John Smith, Capt.
John Jacob, Lieutenant Mathew Cushing and Daniel Cushing Jr. would
be helpful to the said Executrix, advise and after her decease
I do fully hereby impower my said friends or so many of them as
shall be then living to divide my estate and to order to every
one of my children and grandchildren aforesaid their several parts
and portions of my estate, in said Hingham, according to this
my will and according to their best discretion:--- And whereas, Capt. Joshua Hobart, Lieutenant John Smith and
the said John Leavitt heretofore purchased a tract of land fifteen
miles square of the Indians which said tract of land is called
the Indian Twunkec, lying and being beyond the town of Providence,
and near the Narragansett Country in New England: And having an eighth part of the said tract of land of fifteen
miles square still in my hands and in my possession:--- And whereas, the said Capt. Joshua Hobart, and the Lieutenant
John Smith and myself did also purchase of the Indians another
tract of land six miles square lying and being near to the former
tract of land above mentioned, and is called by the name of Penycooke,
and having a third part of thesaid tract of land of six miles
square, still in my hand, and in my possession. I do hereby give
and bequeath all my parts and portions to the two said tracts
of land, last above mentioned, (to wit) all the estate, right,
title and interest which I now have, or ought to have of, in or
to the said two tracts of land by virtue of the Deed and evidence
of conveyance, which we have from the Indians, unto my said nine
children and two grandchildren, that is to say --- to my said
son Samuel Leavitt, my son Israel Leavitt, and to my son Moses
Leavitt, and to my son Josiah Leavitt, and to my son Nehemiah
Leavitt, to my daughter, Mary Bate, and to my daughter Sarah Now,
and to my daughter Hannah Loring, and to my daughter Abigail Lazell,
and to my said grandchild John Leavitt, the son of my said son
Israel Leavitt and to my said grandchild Samuel Judkin, the above
said eleven persons (to wit) my said nine children, my two grandchildren,
the last above named to have all my right, title and interest
of, in and to the said two tracts of land and to have everyone
of them, an equal share of them and to enter upon then after my
decease:--- And to have, hold, possess and enjoy each of them one eleventh
part of my part of all the said two tracts of land, to them and
to their several and respective heirs and assigns, forever:---
And my mind and will is they shall at their own cols and charges
divide my said parts of the said two tracts of land amongst themselves
without any charge of trouble to my Executrix or overseers, and
I do hereby revoke, renounce, frustrate and make void all and
every testament and testaments, will and wills heretofore by me
made and declared, either by word or writing and this only to
be taken for my last will and testament, and none other. Item: Upon consideration, I do give and bequeath unto Bathsheba
Tunner the wife of Joseph Turner, of Situate, formerly the wife of my son John
Leavitt deceased, the sum of twenty shillings in Country pay,
(to wit) that which is of growth of the Country, to be paid by
my Executrix, after my deceased, out of my personal estate. Memorandum: That the word (pounds) between the thirty seventh
and the thirty eight line in page the first, in this my will,
and (several paragraphs of corrections which I eliminate hereof)
In witness whereof the above said John Leavitt have unto this
my last will and testament set my hand and seal:---the thirty
day of November, Anno Domini, Sixteen hundred eighty nine, and
in the first year of the reign of King William and Queen Mary,
King and Queen of England, &c. John Leavitt (and a seal); Signed, sealed, published and declared
by the above said John Leavitt to be his last Will and Testament
in presence of us: Mathew Cushing, Enoch Wilton, (the mark of)
Sarah Lobdell; Boston, January 27, 1691-2. Sarah Leavitt, the Executrix nominated in the will, presented
the same Probate; Mathew Cushing and Enoch Wilton, two of the
subscribing witnesses, made oath in the County Court, that they
were present, and did see John Leavitt sign and seal and hear
him publish this instrument as his last Will and Testament, and
that when he so did, he was of disposing mind, their understanding.
Attest, Jos: Webb, Clerk. A true copy as appears of Record,
Suffolk County Wills and deeds.
The Will of Deacon John Leavitt
