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Will of Jonathan Fairbanks - Jun. 1, 1668
From The Ancestry of Eva Belle Kempton, Part III,
by Dean Crawford Smith and Melinde Lutz Sanborn
(2004, Boston), pp. 133-34.
In the yeare of Our Lord One Thousand Six Hundred Sixty & Eight, the first day of the fourth month Commonly called June, I Jonathan Farebanck of Dedham in the Countie of suffolke senior being sick & weake & Expecting that the day of my dissolution is drawing nigh, doe in the name & feere of God ordaine & make this my last will & Testament for the disposing & setling of the things of this life with which the Lord hath at present intrusted me in manner & forme as followeth, vizt - First I Commit my soule to God that gave it & trusting in the alone Righteousnes & mediation of Jesus Christ my Redeemer & advocate & my body to the Earth whence it was taken to bee after my decease decently buryed therein in, [sic] in Christian buriall at the discretion of my Executors.
I give unto Grace my dearely & welbeloved wife, all Every part & parcell of my whole movable Estate whatsoever as well within dores as without namly all my household stuffe of all & Every sort & kind, And also my Cattle of all kinds all my Come Carts plowes, working tooles & utensells of Husbandry, all debts due to mee & whatever Else come within the denomination of movable Estate, And all this I give & bequeath unto my sayd wife, to dispose of when & to whome shee shall at any time see meete And more I give to Grace my sayd wife an Annuity of Eight pounds p[er] Ann[um] to bee payd to her or her assignes to her use yearley & Every yeare in two Equall parts that is to say at the End of Every halfe yeare foure pounds, after my decease for & duringe the whole time & tearme of her naturall life.
And more I Give to my sayd wife the libertie & free use of all my Houses yards & yarde roome for her self & her Cattle her assignes & all her ocations for the whole space of fowre monthes, next Ensuing after my decease. Item I Give & bequeath to George Farebanck my Second sonn & to his heires forever, sixteen pounds the one halfe to bee payd him within the space of one whole yeare next Ensuing after the decease of my sayd wife & whereas I have already given & doe hereby Confirme to my sonn George all that my part in the Generall divident already layd out neere meadfeild & some working tooles & such like small things my will & my mind is that the sayd parcell of Land & those tooles & other small things soe given shall bee all indifferently & Equally apprized, & if they shall together amount to the vallue of Eight pounds, then it shall be accounted for his first payment. And then my mind is that my daughter mary shall have her first payment within the first yeare of my sayd wives decease, otherwise she is to tarry till the second yeare - And I give & bequeath to my daughter mary the wife of Christopher Smith the sume of sixteen pounds which sixteene pounds I give to my sayd daughter in perticular & distinct from her Husbands Estate & to bee alwayse at her dispose this sixteene pounds to bee payed in two Equall sumes Eight pounds, in Case my sonn George bee already payd, within the space of one whole yeare after my wives decease, & in Case George bee not payd soe much then shee is to be payd her first payment within two yeares after my wives decease.
Item more I give to my sayd daughter mary the sume of Three pounds to purchas her a suite of apparrell with, to bee payd within the space of Three monthes next after my decease.
Item I Give & bequeath to Jonas Farebanck my third sonn & to his heires for ever the like sume of sixteene pounds to bee also payd in two Equall sumes the first Eight pounds to bee payd the next yeare after his sister mary have received her first payment.
Item I Give & bequeath unto Jonathan Farebanck my yongest sonn & his heires the like sume of sixteene pounds to bee payd also in two Equall sumes, the first halfe to bee payd in the yeare next Ensuing, after his brother Jonas is payd his first halfe & whereas I have already given & doe hereby Confirme to my said sonn Jonathan one parcell of Land, vallued at five pounds my mind & will is that hee shall have & Enjoy the same in part of his first payment aforesd & also what debt shall appeare then to bee due from him to mee, shall bee reconed upon the same account.
Item my mind & my will is that when all my sonns & my daughters aforenamed, shall have & received their first payment in manner & time successively, as is before Expressed, that then my sonn George shall bee payd his seccond Eight pounds & then my daughter, & soe in the same order Jonas & Jonathan shall bee payd to them their heires, or assignes their seccond Eight pounds. Each one yeare after another, untill they bee all payd their full & whole legacies.
Item I give & bequeath to Sarah the Eldest daughter of my sonn John Farebanck one yong beast betweene one & 2 years of age, And more three pounds to bee payd by my Executor when shee shall attaine Lawfull Age, the yong beast before mentioned I reserve out of the Cattle bequeathed to Grace my wife.
Item I Give & bequeath to my sonn in Law Ralph Day, Forty shillings to bee payd within six monthes after my wives decease.
Item I Give & bequeath to Each of the fowre children of the sayd Ralph which hee had by my daughter Susan his late wife, the sume of Forty shillings to bee payd them severally as they shall attaine Lawfull Age - Provided all my other Legacies to my Three sonns & my daughter bee first payd in manner as is above Exprest.
Item my mind & my will is that all these my legacies abovsd bequeathed the specie or kind of payment whereof is not named shall bee all payed in Country payment at price then Currant in Deadham.
Item I Give & bequeath to John Farebanck my Eldest soonn all my Houses & Lands whatsoever & not being formerly above in this my will disposed of together with all my Common Rights & Towne priveledges whatsoever to have possest Enjoy the same to him & his heires forever. To enter upon all my Lands foreth with after my decease. And all my Houses & yards at the End of foure months next Ensuing the same.
Item I doe nominate Appoint & Ordaine John Farebanck my aforesayd Eldest sonn to bee my sole Executor, to whome I Commit all necessary trust & power requisit for the due & full performance of the Execution of this my last will as it belongs or is necessary to bee done by an Executor & Every part as is above Exprest.
Also, I name and intreat my very Loving freinds mr Eliazer Lusher & Peter Woodward senior to bee Overseers, to the performance of this my present will & to bee assisting to my above named Executor therein as themselves shall see Cause. And I doe hereby revoake & make null & voyd all other or former wills whatsoever by mee formerly made & doe avouch & declare this present writting as is above herein incerted, to bee & Containe my true only & last will & Testament. In Wittnes whereof I the sayd Jonathan Farebanck senior have hereunto subscribed my hand & affixed my seale the day & yeare first above written Signed sealed published in the presence of us The marke of G Jonathan Farebanck senr William Avery Thomas Medcalfe & a seale memorandum that the words (vallued at five pounds) concerning the Land given to Jonathan was Enterlined before the sealing of this present writing 6:January:1668
William Avery & Thomas Medcalfe deposed in Court the 26 instant that this instrument was signed sealed Published & declared to bee the last will & Testament of Jonathan Farebanck, in their prsence by himselfe, that when hee soe did hee was of a sound disposing mind to their best knowledge Edw. Rawson Reccord
[Suffolk Probate, 6:15]
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