Probate File, Isaac Pierce Sen’r 1732, No 15453
Recorded Book 6 page 168, 169, 170
Josiah Cotton Reg’r
Know all men by those presents that whereas I Isaac
Pierce Senior of Middleborough in the county of Plimoth in New England have
lately given unto my son Thomas Pierce by deed of gift several parcels of land
with buildings and fences thereon and cedar swamp, which are mentioned in the
within written will: yet not withstanding my will is: that all other particulars
mentioned in the within written will shall stand and remain firm and unviolable
forever: as my last will and testament to be kept and performed according to
the true intent and meaning thereof and that this schedule shall be accepted as
part of my last will and testament: as fully as all intents and purposes as if
the same has been imported in the will: in witness whereas I the aforesaid
Isaac Pierce Senior have hereunto set my hand and soal this twenty second day
of December one thousand seven hundred and twenty and four. Signed sealed and
declared by the above named Isaac Pierce Senior to be part of his last will and
testament in front of us
(Signed)
Jacob Tomson Signed
by his mark
Robert Macklin (?) Isaac
Pierce Senior
Jacob Tomson Junior
Plymouth April 27 1732
Jacob Tomson Junior made oath that he saw Isaac Pierce
Senr above named sign and seal & heard him declare ye above written to be
part of his last will and testament and that he and Jacob Tomson his father and
Robert Maclin(?) set to their hands as witnesses in ye presence of ye testator,
and that according to his best __ observation he was then of sound &
disposing mind & memory.
Before Isaac Winslow judge of Probate
Isaac’s Will
Know all men by those presents that I Isaac Pierce Senior
of the town of Middleborough in the county of Plimoth in New England being at
this present time in health and of sound and disposing memory and
understanding: bless be god for it: yet being sensible of my own mortality: and
being minded to settle my outward estate which god hath given me do make and
ordain this my last will and testament: to remain firm and inviolatable
forever: Imprimis I give and bequeath to my son Thomas Pierce my lot of land
which I bought of John Miller whereon I now dwell together with my dwelling
house: barn: outhouses: and fences thereon: and also that half lot of land
which I bought of Joseph Richmond which originally belonged unto the right of
John Rogers Senior: and also my one quarter of a share of cedar swamp in the
sixteen shilling purchase in Middleborough aforesaid: also my one quarter part
of the share in the last allotment in said sixteen shilling purchase: which was
lotted out in the year 1715: and also my one quarter part in said therein all
the undisposed lands in said purchase only my will is that my loving wife Alice
Pierce shall have the whole use improvement and income of all the
aforementioned houses and lands in her natural life: and my will is that my
said son Thomas Pierce upon consideration of his having the above mentioned
housing and lands shall pay as a legacy unto my five daughters: Mary Sanders:
Lydia Hayford: Mercy Truant: Sarah Macumber: and Rebecca Hoar unto them ten
pounds in good current pay: Item I give and bequeath unto my said son Thomas
Pierce all my tools and tackling for a
team: and all my moveable effects without doors and also all my flock of
creatures both meat cattel (sic) __ sheep and swine only my will is that my
said son Thomas shall keep and maintain for the use of his mother during her
lifetime one good lively (?) cow and that he shall have said the cow after his
mother’s decease: Item: I give and bequeath unto my son Isaac Pierce 10
shillings in bills of credit: besides what I have heretofore given him: Item I
give and bequeath unto my aforesaid wife all the rest of my bills of credit
which I shall have at the time of my decease and also the money which is due
from my son Isaac Pierce by bill: and also my will is that my said wife shall
have the use and improvement of all my household stuff: and of all my moveable
estate within indoors during her natural life: My will is that whatsoever money
or bills or credit or moveable estate my said wife shall __ at her decease
shall be equally divided above my aforesaid five daughters: and further my will
is that in the aforesaid improvement of the aforesaid housing and lands and of
the aforesaid household stuff shall not be sufficient for comfortable
subsistence of my said my wife: that then my said son Thomas shall be at the
charge to make up what is wanting: and my will is that my son Thomas Pierce
shall be executor of this my last will and testament to receive all such debts
that are due unto me to pay such debts as I shall owe: and to take care that
this my last will and testament be truly performed: this hoping that the same
will be performed truly to the intent and meaning thereof I commit my body to
the dust and my soal (sic) to god that gave it: in witness thereof aforesaid
Isaac Pierce Senior have hereunto set my hand and seal this twenty seventh day
of June one thousand four hundred and twenty and two
Signed by Isaac Pierce Senior (his mark)
signed sealed and declared by the above named Isaac
Pierce Senior to be his last will and testament in the presence of us
Jacob Tomson
Abigail Tomson
Lydia Tomson
In different handwriting
Plymouth April 27 1722 Abigail Tomson now Abigail Packard
and Lydia Tomson now Lydia ____ made oath that they saw ye above named Isaac
Pierce Senior sign & seal & heard him declare the sd instrument to be
his last will & testament and that they with Jacob Tomson Esq deceased set
to their hands as witnesses in the presence of sd testator and that according to
ye best of their observation he was then of dispersing mind & memory before
Isaac Winslow Judge of Probate
Another handwriting:
Isaac Winslow Esq appointed & commissioned to be
judge of probate of wills and for granting of administration in the County of
Plymouth in the province of the Massachusetts region in New England To all by
whom these presents shall come Greeting: Know thee that on the twenty seventh
day of April anno domini one thousand seven hundred and thirty two before me at
Plymouth in the county aforesd the will of Isaac Pierce Senior late of
Middleborough in the county aforesd deceased to those presents ____ having been
proved was approved and allowed who having while he lived & at the time of
his death goods chattels rights and credits in the county aforesd and the
probate of sd will and power of committing of administration of all &
singular the goods chattels rights and credits of the sd deceased and also the
hearing examining & allowing the accounts of ye same by virtue thereof appertaining
unto me, the administration of ye & singular the goods chattels rights and
credits of ye sd deceased and his will in any manner concerning is hereby
committed unto Thomas Pierce son of ye sd deceased and soal (sic) executor in
ye same will faithfully to execute the sd will and to administer ye estate of
ye sd deceased according thereunto and also to render a plain & true
account of his sd administration upon oath..and also to make a loan forfeit
inventory of all estate of ye sd deceased & to exhibit ye same unto the registry
of ye court of probate for the county aforesd at or before ye last of June next
__ in testimony whereof to set my hand
& seal of ye judge of probate sealed at Plymouth aforesd the day and year
__ above written Isaac Winslow Esq
In another handwriting: Isaac Pierce Senior his Will (circled)
Another document:
Plymouth May 19 1732
These may certify the Honorable Isaac Winslow Esq judge
of the probate of wills for the county of Plymouth that Mr. Nath’ll Southworth
Mr. Thomas Nelson and Mr. Benjamin Spooner appeared and were sworn as aprizers
(sic) to the within mentioned estate
before me Benjamin White Justice of the Peace
There’s another document dated __ day April 1732 where
Winslow appointment Southworth, Spooner and Nelson to make an appraisement of
Isaac Pierce’s estate.
Unfortunately the probate file doesn’t include an
inventory.
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