Will of John Batchelder d. 1754

In the name of God, Amen, I John Batchelder of Wenham in the County of Essex and Province of Massachusetts Bay in New England, Husbandman, being in health and through Divine Goodness of sound mind and memory Do make this my last Will and Testament, and First I recommend my Soul into ye hands of God through Jesus Christ in whom alone I hope for Salvation unte Eternal Life and my body unto the earth to be decently buried at the discretion of my Exectr. herein after named and as for my temporal Estate I have been blessed withall I do hereby dispose of ye same in the following manner.

Impr. My will is that my just Debts and Funeral Charges together with ye Legacies herein after mentioned be all paid by my Exectr. out of my real Estate.

Item. I give unto my wife Sarah Batchelder all those household Goods I received with her at our marriage. as also I give unto her Twenty pound to be paid in one year next after my death. the same always to be reconed and accounted in full and in lieu of her right of Dower in my Estate and is not to be paid, until my sd, wife hath given a quitt claim of her sd. right of Dower. Also I give unto my said wife all the provisions, may be in my house at my Death.

Item. I give unto my Grandson Joseph Lamson, my small Gun, also I give unto him my said grandson twenty shillings Lawful money to be paid to him when he arrives to twenty one years of age.

Item. I give unto my Daughter Hannah Woodberry all ye residue of my household goods that in this my Will, is not given to my wife, also I give unto her my sd. Daughter all my Cows & Sheep all which I account unto my sd. Daughter. To make her out twenty pound Lawfull money more than what shee received at her marriage.

Item. I give unto my Son Samuel Batchelder, the use and improvement of all my dwelling house, barn, and of 15 acres of my Land whereon sd. house and barn standeth, bounded southerly on ye road one third part of ye full wedth of my homestead land on said Road. Westerly on said Obers land, Northerly on land of sd. Ober and others, a, ye fence now standeth and Easterly from ye aforesd. Road, Extending thence northerly ye whole length of my land upon a line, making out the 15 acres abovesd. also I give unto him my sd. Son Samuel Batchelder, five pound lawfull money to be paid in one year next after my death, also I give him my sword.

Item. My will further is that my Son Samuel Batchelder's behavior to me, gives me reason to think that it may be likely for him after my Death to bring a Debt against me to be paid out of my Estate. Whereas I now owe him nothing and am proposed not to contract any with him, my will therefore is that if any Debt should be brought against me after my Death by my sd. Son Samuel Batchelder, that sd Debt be not allowed to him by any Court of Judicature without first every paragraph thereof being sufficiently Vouched by two Credible Witnesses, and that after such debt be allowed and judgement thereof made up, that such debt shall, be satisfied and paid out of that part of my real Estate, as by this my Will I have given ye use and improvement of unto my sd. Son Samuel Batchelder, and for the better effecting ye same, I do hereby authorize and impower my Exectr. of this my Will herein after named, to make Sale of, and pass good & Lawfull Deed, to convey the whole of my house, barn, and ye 15 acres of Land whereon ye same standeth, above recited the use & improvement whereof, I have in this will, given to sd. Samuel, or as much as ye same as may be sufficient to pay and discharge sd. Debt brought as aforesd. and my Will further is and I do hereby give and bequeath unto my Grandson John Batchelder, Son of ye sd. Samuel, ye whole of my sd. house, barn, & 15 acres of land whereon ye same standeth, above recited, or as much as ye same, as may remain unsold by my Exectr. aforesd, to be to him and his heirs immediately after my sd. Son Samuel's death he paying to each of my Son Samuel's children that may be then alive twenty shillings lawfull money, and in case my said Grandson Samuel should Decease before his father my sd. Son Samuel in such case I do give all that I have in this my Will given unto him said John unto such of my sd. Samuel's children as may be then alive to be equally divided among them.

Item. I give unto my Son Benjamin Batchelder three Acres of my homestead land to be lay'd out and set off to him next adjoyning to the fifteen acres in this my Will I have given ye use and Improvement of unto my sd. Son Samuel, sd. three Acres to extend the whole length of my land to be to him, his heirs and Assigns forever.

Item. I given unto my two Sons John Batchelder & Benjamin Batchelder all the remainder of all my Real Estate that is not in this my Will above described whither the same be in Wenham or elsewhere to be to them, their heirs and Assigns in equal proportion excepting always so much of ye same, as may be sufficient to pay my just mentioned in ye first paragraph of this my Will. My funeral charges, and the Legacies I have given in this my Will.

Item. I give unto my three Sons my Wearing Cloths to be equally divided among them, Also I give my cane unto my son John Batchelder, also I give my horse to my Son Benjamin my Utensils for husbandry I order to be sold. And Lastly I do Nominate and Appoint my Son-in-law Peter Woodberry my sole Executor of this my last Will & Testament, hereby also authorizing and impowering him to make Sale of, and pass Deed to convey so much of that part of my Real Estate that is not in this my Will, the remainder of my Real Estate as may be sufficient to pay and discharge my just Debts, funeral Charges, & Legacies, and I do hereby revoke and make void all former Wills by me heretofore made, and I do declare this to be my last Will & Testament In Witness whereof I do hereunto sett my Hand and Seal this tenth day of May Anno Domini 1753, and in ye twenty sixth year of his Majesties reign.

John Batchelder Seal.

Signed, Sealed, Published by John Batchelder to his last Will and Testament in presence of Jno. Balch, Peter Shaw, Antho. Wood.

Ipswich Feb. 3, 1754. Before the Hon. Thos. Berry Esq. Judge of Probate of Wills &c., John Balch, Peter Shaw, and Antho. Wood all personally appeared and made Oath that they were present and saw John Batchelder Declare, Sign, Seal & heard him publish and declare this Instrument to be his last Will & Testament, and when he so did he was of a sound disposing mind and memory to ye best of their discerning, and they all at ye same time Sett to their hands in his presence as Witnesses.

Sworn Att. Danl. Appleton, Reg.

Upon which this Will is proved, approved, & Allowed, ye Exectr. appeared & accepted that trust and to give in an Inventory.

Danl. Appleton Reg.

Thos. Berry J. of Prob.

He d. Jan. 10, 1754; Res. Wenham, Mass.