Hurley's World

In the name of God amen. The thirteenth day of September one thousand eight hundred and three, I, Aaron Foster, of Ipswich in the county of Essex and commonwealth of Massachusetts, yeoman, of sound mind and memory, do make this my last will and testament, as follows: First, I give and commend my soul into the hand of God, who gave it, and my body I commit to the earth, to be buried, in hope of a joyful resurrection thereof at the last day. And, touching such worldly estate, as God has blessed me with in this life, I give and dispose of in the following manner. 1st I give to my beloved wife, Ruth Foster, the improvement of all the house, which I now live in, so long as she shall remain my widow, one quarter part of the produce of all my lands and the quick stock, which I leave or shall hereafter be kept on my estate, to be yielded and delivered to her, as the same shall rise yearly, without any expense for her for labor or taxes. And I hereby enjoin it to my son Zebulon Foster to carry on my estate for her, rendering to her one quarter part of the produce thereof yearly, as it shall rise, free from all expense and charges as aforesaid. And I do further enjoin on my son Zebulon to cut and hale from my woodland wood for her, and to cut it up at the door, sufficient to maintain one good fire; one half of said wood to be cut on the wood land, which I shall give to my son Moses Foster, and the other half on the wood land, which I shall give to my son Zebulon, to be and continue to her, so long as she shall remain my widow.-- I also give her one quarter part of all the provisions, which I shall leave in the house at my discease. I further give her the improvement on one seat in my pew in the meeting house, so long as she shall remain my widow.-- And it is my will, that my sons Moses and Zebulon should, after her death, give her decent buriel, in case she dies my widow. 2nd I give and bequeath to my son Moses Foster, and to his heirs and assigns, all that part of my estate, both of land and buildings, which is standing and laying to the west and northwest of the road leading from Chebacco to Hamilton, it being the buildings and homestead, which my father gave me in his last will; excepting so much of it, as I shall give to my son Thomas Foster. I give and bequeath to my said son, Moses, and his heirs and assigns, one piece of woodland part of which is lying in Ipswich, and the other part in Manchester, it being two thirds of an old lot number four hundred and thirty nine, and called the parsonage lot. I give him also one piece of marsh, lying near Dean's island, so called and one thatch lot on the great bank. But my son Moses is not to come into possession and improvement of the same, until after my wife's decease. My son Zebulon is to cut one half of the wood for one fire for himself, and one half of the wood for my wife's fire, as before mentioned; also one half of so much as shall be necessary for repairing or making fences and buildings from off the wood land I have given my son Moses, so long as my wife shall remain my widow and no longer.

3ly, I give and bequeath to my son Thomas Foster, and to his heirs and assigns, one lot of land under and adjoining his house, bounded as follows; beginning at the northerly and of the gap leading from the road to land given to my son Moses Foster, thence northerly by the road one hundred feet to a stake by the wall, thence westerly up the bank fifty feet to a stake by land given to said Moses, thence southerly by said land seventy four feet thence easterly by land of Jacob Burnham ninety two feet to the bound first mentioned. I also give him two hundred and thirty five dollars; one hundred and thirty five dollars thereof to be paid by my son Moses Foster and one hundred dollars thereof to be paid by my son Zebulon; and all in six months after my wife's decease. I further give him one half of my pew on the lower floor of Chebacco meeting house. But nevertheless, if my son Zebulon, as executor, be obliged to discharge the debt, or any part thereof, which I stand obligated to pay to cap. Nathan Story, of Manchester, as surety for my son Thomas, so much as he shall be obliged to pay, shall be considered as paid towards the legacy given to my son Thomas. And if my son Zebulon shall pay more towards said debt than he is ordered to pay towards said legacy, then my son Moses shall pay so much of ye same, as will indemnify him, if it does not exceed the sum I have ordered him to pay towards said legacy. This however I give my son Thomas, with this proviso, that he give liberty to his brother Zebulon to pass his lot to land above, [?] necessary.

4ly, I give to my daughter Mary Foster the improvement of the chamber in the west end of my house which I now live in, until her marriage, with liberty of passing and repassing to the well for water and [?], as occassion my require. I give her one half of all the household goods, including the loom, which she now uses, to be at her disposal after my wife's decease; and she shall have the liberty to take of the inventory such articles as she shall choose, and at the price in said inventory, to the amount of one half of the same; and also she shall have an equal share with her two sisters in the other half. I give her the improvement of a seat in my pew on the lower floor of the meeting house untill her marriage. I also give to her and to her heirs one hundred and forty five dollars, to be paid her by my son Zebulon in six months after my wife's decease. I further give her wood to keep and maintain one good fire after my wife's decease, untill her marriage. And I do hereby enjoin it on my two sons, Moses and Zebulon to furnish her with the same, cut up at her door, equally between them.

5ly, I give my two daughters Joanna Story and Miriam Choate, besides what I gave them at marriage, the remainder of my household goods, not before disposed to Mary in this will, be equally divided between them, after my wife's decease. I also give them and their heirs five dollars each, to be paid them by my son Zebulon in six months after my wife's decease.

6ly, I give and bequeath to my son Zebulon Foster, all the rest and residue of my estate, both real and personal, not otherwise disposed of in this will, to be to him, his heirs and assigns. Nevertheless, the estate, which I have given to my two sons Moses and Zebulon, shall be subject to the payment of such legacies, debt and charges, as I already have, or shall hereafter lay upon them in this will; also to such improvements as I have given to my wife therein and to my daughter Mary in this will.

7ly, I do hereby constitute and appoint my son Zebulon Foster sole executor of this my last will and testament; whom I order to pay out of my estate all my just debts and funeral charges; and I do thereby ratify and confirm this, and no other, to be my last will and testament. In witness whereof, I hereunto set forth my hand and seal.

Signed, sealed and declared by the said Aaron Foster to be his last will and testament, in the presence of the subscriber:: Elira Weatherspoon, Elira Webster, Josiah Webster

To all people to whom these presents shall come, Samuel Holten, esquire, judge of probate for the county of Essex within the commonwealth of Massachusetts, sendeth...greeting.

Know ye that, on the sixth day of January,anno domini 1812, the instrument aforewritten (purporting to be the last will and testament of capt. Aaron Foster, late of Ipswich in said county, yeoman, deceased) was presented for probate by Zebulon Foster, the executor therein named, then present the reverend Josiah Webster and mr. Elira Webster, two of the witnesses thereto subscribed; who made oath, that they saw the said testator sign and seal, and heard him declare the said instrument to be his last will and testament, and that they the said Josiah and Elira, with Elira Weatherspoon, subscribed their names together, as witnesses to the execution thereof, in the said testator's presence, and that he was then to the best of their judgments of sound and disposing mind.

I do therefore, upon the above written declaration of said two subscribing witnesses to the said instrument, approve and allow of the same, as the last will and testament of the before named deceased; and do commit the administration thereof, in all matters the same concerning, and of his estate, whereof he died seized and possessed in this commonwealth, unto Zebulon Foster, the before named executor, well and faithfully to execute the said will, and to administer the estate of said deceased according thereto; who accepted of his said trust, and gave bond, with capts Nathaniel Burnham and mr Joseph Story as sureties, to exhibit an inventory by the sixth day of April next, and to render an account by the sixth day of January, which will be in the year of our Lord eight hundred and thirteen.

In testimony thereof, I do hereunto set my hand and seal of this office, this sixth day of January, annon Domini 1812.... S. Holten