Essex BooksGenealogy, History - Specializing in Essex County
Estate of Thomas Hardy of Haverhill
(Merrimack)
Essex Probate Docket # 12405
The last Will and Testiment of Thomas Hardee, Senr.
living at merimack towne , near Haverill, I Thomas Hardee, being in bodyly
health, and of perfect memory, through the goodness of god, yet not knowing
how short a time I have to live in this world; do make my last will and
testiment; and in the first place, I Comitt my Soul unto god who gave it,
and my body to the earth, (from whence it was taken) to a decent and Comely
buriall: and for that little portion of outward things which the lord hath
lent mee in this life; I do thus dispose of them, first I do will that all
Just debts be discharged,
I do give to Thomas Hardee, my eldest Sonn, that two hundred acres of land
which was lately laid out to him, be it more or less, according to the bounds
of it.
I do give unto my Sonns John Hardee to Joseph Hardee, & to Jacob Hardee,
to each of them one hundred acres of land a piece, be it more or lesse, as
it was laid out & bounded to them, also I do will that Thomas, John,
& Joseph shall enjoy that meadow, which at ye same time was laid out
to them, and that Jacob shall have an equal proportion of meadow, with his
brethren John & Joseph, to be taken out of that meadow which is not yet
divided,
Also I do give unto my Sonn in law william Hutchins, one hundred acres of
land, to take it right crosse the farme at ye further end, not intrenching
upon ye land already laid ou to his brethren, also what meadow is within
ye s[ai]d hundred acres, and in case the meadow wants of equall share, it
shalbe made up out of long meadow.
Also I do give unto my daughter mary & to her children, tenn pound sterling
, the which ten pound, in case I pay it not my self while I live, (that is
besides what shee already hath received before ye day of the date hereof)
then it shalbe paid out of that land which I do assign unto my Sonn William
Hardee.
Also I do will, that Sixty acres of Land, next adjoyning to w[ha]t I have
given to william Hutchins, to set out by it self, (to take right crosse that
part of the farme yet undivided;) the which sixty acres I do give unto my
Sonn Joseph hardee, in case he payeth forty pounds sterling of my debts:
and in case hee payeth any part less than forty pounds, He shall have
proportionably of the S[ai]d sixty acres acording to what he payeth, be it
more or lesse, and the remainder of the S[ai]d land, (if any) I do give unto
my Son William Hardee.
Also I do further give to my Son will[ia]m Hardee all the remainder of my
lands, both of upland and meadow, which is not by this my will given expressly
to ye rest of my children together with all my houseings, buildings, fences,
orchards etc.; to be enjoyed by him after the death of his mother. also he
shall have liberty to break up any land & make use of one third part
of ye meadow, fall timber & build up[on] ye S[ai]d land, if he doth desire
it, while his mother is living.
Also I do further give to my Sons, John, Joseph and Jacob, to each of them
ten acres of plow land, to be laid out to them, besides what is already divided
to them, to be laid out Conveniently next to Jacobs land And further, I do
give unto my beloved wife, the Sole use of my dwelling house, barne, outhouses,
and all my brooken up land, with the use of two third parts of my meadow
undisposed of by this my will, and three quarters of my orchard, during the
time of her naturall life, & here by engaging her to keep and l[e]ave
all in tenantalbe repair: also she shall have liberty to take timber &
fire wood for her use out of that land which I have given to my Son Will[ia]m
Hardee, but not to make strip & wast of ye same, nor to sell any of ye
timber.
Also william Hardee shall injoy one quarter part of ye afore said orchard
during ye time of his mothers naturall life, and further I do give unto my
wife during the time of her naturall life the use of all my housell stuff
and utensells about ye house, with what stock of cattle I shall leave undisposed
of:
Also I do will tha the remainder of my debts, (if any bee) besides what I
have ord[e]red to be paid by ye Sixty acres of land Set out for that end:
shalbe discharged by my Son william Hardee, out of that land which I have
assigned to him: and that forthwith after my departure: any thing in this
my will before done, or conceived to be done not with standing and in case
my Sonn william, shall not forth with discharge ye said debts, as aforsaid,
Then so much land shalbe sold out of that which I have assigned to him, as
will dischard my debts as aforesaid,
and further in case my son will[ia]m should be taken away by Death, before
he comes of age to possess the Said assigned land, then what I have assinged
to him shalbe equally divided to his brethern & sisters, after ye decrease
of their mother;
and in case my Sonne will[ia]m Hardee, aforesaid, should dye: after he is
of yeers to possess the same without any heire, lawfully begotten of his
body, then the one half of what I have assigned to him shalbe equally divided
among his brethern and sisters.
Also I do will, that what stock of cattell and housell stuffe, utensels,
either of ye house or field, that shalbe left to my wife, shee shall not
sell, nor imbezell ye same, nor suffer it to be lost or distroyed, but shall
carfully keap, uphold, maintaine, & prserve ye same, during ye time of
her life; and what shee shall leave behind her, of ye stock of cattell, housell
stuffe and utensels as aforesaid, shall after her death, be equally divided
among my children.
finally, I do assigne and impower my Sonne Joseph Hardee and frind &
neighbour David Hazeltine to be my executors of this my will, to see that
it be p[er]formed according to ye true intent therof, witness my hand and
seal, hereunto: this fourth day of march, in the yeare of our lord God one
thousand six hundred seaventy and one; two:
Signed and sealed in the presence of us:
Jonathan Danforth
James Kizzer
Thomas Hardee, Senr. his mark and seal
Postscript: Bradford, decemb[e]r ye 12:1677:
Thomas Hardee Senr aged about Seventy two through the goodness of god being
yet a live & though weake in body, yet of a disposing mind, as an addition
to my last will & testiment above written, do will that whereas I had
formerly given to my sons will[ia]m Hutchins, one hundred acres of land at
ye south end of the farme, but since that by agreement he hath received of
my sons Joseph & Jacob Seventy pound sterling, to his full satisfaction
& content in the roome &stead of ye afore said Hundred acres, I do
now give the afore s[ai]d Hundred acres of land to those my two sons Joseph
& Jacob Hardee, equally between them both, and ye said hundred acres
to extend from ye south end of ye farme Northward, so farr as it was bounded
out by ye Survey[o]r Jonathan Danforth, for one hundred & fivety acres,
only Jacobs lot is to run thro ye whol width of his lot as his brethrens
lot did & that being done. ye remainder Southwards of those bounds to
be equally divided between Joseph & Jacob aforesaid
& further I do give unto my grand children twenty shilling apeece to
be paid by my executor after my decease, as I shall hereafter order also
I do give to my beloved wife twoe acres of land lying by ye River on ye east
end of ye house to be at her owne dispose at her death; Also I will that
forty acres of land be set out immediately after my decease, which forty
acres shalbe Security for my wife touching her maintenance, in case of need,
& I do will that in case Joseph & Jacob hardee shall contribute to
my wife for her maintenance they shall each of them be repaid out of this
forty acres, accounting it at twenty shillings p[e]r acre . Also I do will
that twenty acres of land more be added to the former forty acres, to ly
on ye north side of it, & all to joyne to Joseph hardee his sixty acres:
to be laid cross ye farme, from bayleys line to Jacob's lot this last twenty
acres shalbe for security, for ye payment of twenty pounds to my grand children,
the which in case my executor shall not pay ye said twenty pounds to ye children
aforesaid whithin ten year next after my decease, then ye land may be sould
to some other of the brethren that will pay those legicys, & in case
any of ye present grand children should dy in the interim, then the said
twenty pounds to be equally divided amongst those that shall Survive, or
shalbe borne of those four familys, i.e. Thomas & John Hardee, &
my two daughters, mary and Sary. further I do give to my sonne John hardee,
ten acres of land to be laid out adjoinging to the south end of the three
ten acres of land lately brooken up for plow land, by John Joseph & Jacob
Hardee. Also I do will, that Jacobs lot of one hundred acres grant before,
shall not extend further northward then my feild, and what is taken off at
ye north end shalbe made up next adjoying & to ly between my plowfeild
and ye ten acre lots afores[ai]d Also I do will that my Son Thomas shall
not have power to alienate his land from his children, without ye approbation
of such p[er]sons whom I shall here after nominate for over-seers of this
my will. also I do give unto my son Jacob that two acres of meadow which
was mine, and was laid out by it self to mee in long meadow. Also I do ordaine
my son Will[ia]m Hardee to bee my Sole executor of this my will, And further
I Nominate and impower my loveing & respected frinds the Revnd. mr. Zachary
Simes, mr. Shuball Walker and Jonathan Danforth, senr of billerica, to be
the over-seers of this my will and do impower them to give the true sence
and meaning of this my will, in all things that may be doubtfull, and in
all matters of difference that may arise among any of my children, in reference
to any[thing] contained in this my will, it shall be always issued and determined
by their judgement in case any two of the p[er] sons nominated agreeing
concerning ye same & given under their hands: that hereby all suets of
law may be prevented. & further I do exhort all my children, to live
in ye fear of god & in the the exarice of love & charity each to
other, releibing each others nescissity acording to their ability as ye case
may require. finally I do declare this to be my last will and testiment,
hereby rattifying and confirmeing what I had formerly done acording as is
expressed in the [codicll] under my hand & seal; so far as it is not
contradicted by this addition, but this latter to stand in full force &
efficacy, the former not withstanding & ye former to stand in full force
and effica[cy] so far, as it is not contradicted by this latter addition,
and bothe are comprized in three sids of this sheet of paper, witness my
hand and seal, this 12 10m. 1677.
Signed and sealed in the presense of us:
John Newmarch Senr.
Samuell Worsester
Jonathan Danforth, Senr.
Thomas Hardee Senr his mark and seal
"From the similarities in handwriting and signature, this document in both
parts appears to have been written by Jonathan Danforth Sr." [voice of Dean
Crawford Smith]
The inventory of this estate was taken 7 March 1677/78, being "An inventory
of the estate of Thomas Hardee Senr. who deceased, Jan 4th 1677"
His waring apparell: money in his pocket 04.03.03 one feather bed; one flock bed with their furniture 07.10.00 wooll and yarnes, 2 spinning sheels 02.05.00 wooden ware and old lumber in ye house 03.05.06 iron chains, wedges, saws & such utensills of ye field' in iron wares, hoe, spade, shovells, old pan, 2 measures, yock, heckle; turnbrills & such like 03.06.00 four neat cattell, ten sheep; one horse; one mare and colt 15.00.00 corne and provisions in ye house 08.10.00 house & barne, orchard, fences; 800 acres land more or less adjoining to the house 800.00.00 swine; iron pots, brass, pewter, iron ware in the house 04.11.00
Total value as appraised by Jonathan Danforth Sr.,
Shubael Walker and Samuel Worsester, £ 848.10.09, not counting the small
debts due and owed the estate.
The inventory also included a list of debts, being small sums to: Richard
Dole, Richard Moullery, francis Willit, Jno. Bartlett Sr., Ensign Greenleaf,
Jno Knight, John Mirobel, John Addehornes and Mr. Wainwright.
Source:"The Ancestry of Samuel Blanchard Ordway" Dean Crawford Smith NEHGS
Register 1990 p 282-286
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