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Will of John Heard
2 April 1687
New Hampshire Wills, Vol. 1
Pages 312-316
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NOTE: This is typed as it was written. The spelling errors are as it was found in the source...
 In the name of god amen, the second day of Aprill in ye year of our Lord one thousand six hundred Eighty Seaven: I John Heard of dover in ye province of Newhampshire...
Item - I doe give unto my son Benjamen heard: the forty acres of Land where he liveth and is posesed of to him his heirs Executors Adminestrators & Assignes according to the Right & tittle I have to the said land by vertue of the towne grant or otherwais
Item - I doe give to my three daughters Mary ham, & Abigall Jons & Elizabeth Newte: to each of them: a heiffer of two years old or upward to be delivered to each of them or their order within ten daies after my deseace
Item - I give to my son trustrom heard the one half of ye hundred acres of Land which was granted me by ye towne and Layed out by William wintworth, Ralfe hall & john hall to him his heirs Executors Adminestrators & Assignes for ever & one lott of the two lotts which I have in Cochecha marshes
Item - I doe give to my son Samuel heard two stears betwen on & two years old to be delivered to him or his order within ten days after my deseac
Item - I give to my daughter dorcas heard ye thirty acres of Land which I bought of Joseph Saunders as by his bill of saill dated the twenty fourth of october 1669 situate neare Cochecho: to her, her heirs Executors Adminestrators & Assignes for ever & allsoe I give hur the fether bed & bedsteed with the bolsters & pillers Rugg blankets & what doth belong to it which is now called by the name of dorcase bed & two cowes to be delivered to her or to her order: in ten days After my decease, & ye decease of hur mother
Item - I give unto my prentice John walldrom, iff hee doe faithfully serve his time according to his Indenture: one Cow to be delivered him
Item - I give to my well beloved wiff Elizabeth heard for Love & Efection I doe owe & bear to hur, & for her Comfortable maintenance ye use & profit of ye one halff of my plantation (joyntly with my Executor) as it is now Improved duering her naturall liff & allso ye halfe of ye stock both without dors & with in dores duering her life, & ye Liberty to dispose of ye one halfe of ye Increase Leveing the stock of quick stuff as shee shall find it, & as for ye on halfe of the wollen Linen bedding brass & puter shee to have ye Liberty to despose as shee shall see good
Item - I doe make & ordain my son Nathaniel heard to by my heire & Executor of all my Estatt which is not formerly by this my will ordered & disposed of to him his heirs Executors administrators & assignes for ever (all wais provided any thing in this my will to ye Contrary notwithstanding) that is If my said Executor Nathaniel heard Equally betwen them & to their heirs & or assignes for ever, & the moveables to be Equally devided betwen my four daughters mary ham Agiball Johns Elizabeth Nute & dorcas heard but if my son Nathaniel doe hapen to mary and have no Isue Lawfully begoten, but shall leave a widow or relique behind him, my will is that his said wedoe shall enjoy ye whole estat which he shall be possesed of: duering her widdowhud but if shee hapen to mary shee shall have but ye on third part of ye lands, & the other two thirds to return to my saied sons samuel & trustrom: & after her deseace her one third part shall be to them allsoe
Signed Sealed & delivered in ye presence of us
Richard Waldron
Abraham Lee
John Evens
[Recorded 1692]
[Deeds, vol. 5, p. 86]
The following are releases signed by heirs recorded in NH Deeds, vol. 5; pp. 88-89 found on pp. 313-314 of New Hampshire Wills, vol. 1...
- [Release by Samuel Heard of Dover of all claim against the estate, Jan. 24, 1688/89, for two steers left to him in the will; withesses, Thomas Downs and John Davis.]
[Deeds, vol. 5, p. 88.]
- [Release by John Ham of Dover, in behalf of his wife, Mary Ham, of all claim against the estate of her father, John Heard, Jan. 24, 1688/9, for one heifer left to her in his will; witnesses, John Davis and John Hayes.]
- [Release by Jenkins Jones of Dover, in behalf of his wife, Abigail Johes, of all claim against the estate of her father, John Heard, Jan. 24, 1688/9, for one heifer left to her in the will; witnesses, John Davis and Thomas Downs.]
- [Release by James Nute, Jr., of Dover, in behalf of his wife, Elizabeth Nute, of all claim against the estate of her father, John Heard, Jan. 24, 1688/9, for one heifer left to her in the will; witnesses, Richard Otis and John Evans.]
- [Release by Benjamin Heard of Dover of all claim against the estate, March 12, 1688/9, in consideration of the receipt of all his father's clothes, both woolen and linen; witnesses, Samuel Heard and John Ham.]
Att a Court of Probate...28 Oct 1701
Tristram Hird appeared and desired that the Estate of John Hird his father deceased might be settled according to Law, his said father dying Intestate as he thinks...
Elizabeth Hird [widow] and Relict of John Hird aforesaid appeared and Leaaves all her Right of said Estate to the Management of the Honourable the Lieutenant Governour
Sarah Hird daughter in Law to the Said deceased alsoe appeared and desired that the Lieutenant Governor would be pleased to Settle the said Estate amongst thos eto whome it properly belonged to.
Lieutenant Governour told them he would Considedr of what had been Said and desired;
[Probate Records, vol. 4, p. 28.]
Att a Court of Probate...4 Sep 1702
Tristram Hird moved to His Honor the Lieutenant Governour by his Attornyes mr. Jabiz Ring and mr. Thomas Manning that the Said Hird might have Letters of Administration Granted to him of his late father John Hird dec'd his Estate...
The Lieutenant Governour was please to Answer that as there was a will formerly made by the Said John Hird, and was Endeavoured to be proved in Sir Edmund Andrews time, but all the Wittnesses being Suddenly cutt off by the Indians Said Will was never legally proved, and the Executor mentioned in Said will had taken the Estate into his hands, and he being Sometime since deceased the widdow of Said Executor mentioned in Said will, hath possest the Estate and Enjoyed the same to this time. Therefor he thinks it Not proper to Grant Letters of Administration to Said Tristram Hird in any other manner, but as de Bonis Non Cum Testamento Annexo:
[Probate Records, vol. 4, p. 39.]
[Petition of Tristram Heard, March 7, 1703/04, for administration on the estate of his father, John Heard of Cocheco, he being the only son living, and his mother having renounced administration. Ordered that Sarah Heard, formerly widow of John Heard, be cited.]
As to Tristram Heard or his mother's praying Administration upon the estate of John Heard Deceased...
I Sarah Fors late wife of Nathaniel Heard, Deceased, say that ye Estate of John Heard is already Distributed according to his will which will is allowed by the Last honorable Judge of probate Wills as appears on Record, Soe ye theres noe need of Administration, if any part of ye said Estate, belonging to the Said Tristram Heard or his mother is withheld from them the law is open for their Recovery of it out of those hands in whose tis Found...
William Foste
Sarah fors
JOHN HEARD...1707, Dover
The w'ill of John Hird of Cochecha in the Township of Dover in the province of New Hampshire dec'd dated the second day of Aprill 1687: (as upon file) was offered to this Board to be proved approved and Allowed. The Witnesses to the Said will being Dead, and dyed before the Executor to the said Will could have them sworne in their life times there being noe legal Authoritye at that time in the said province to approve or allow of the probate of Wills. And the following Evidences were Sworne viz.
Wm. Vaughan Esquire made oath befor this Board that he was well acquainted with Mr. Richard Waldron one of the Wittnesses to the Said will, and had frequently seen the Said Richard Waldron write his name in his life time, and doth verily believe that the name of Richard Waldron as Witnesse to the said will is of his owne hand writeing.
John Gerrish Esquire made oath before this Board that he was well acquainted with Richard Waldron and John Evens two of the Witnesses to the Said will and had frequently seen them write their Names in their life times. And doth Verily believe that the Names of the Said Richard Waldron and John Evens as wittnesses to the Said Will are of their own hand writeings...
John Hamm of Cochecha in the Said province yeoman aged about fifty seaven years made oath that he was well accquainted with Richard Waldron Abraham Lee and John Evens Wittnesses to the will before mentioned, and had frequently seen them write their Names in their life times and doth verily believe that the Names of the Said Richard Walden Abraham Lee and John Evens as witnesses to the Said Will are of their owne hand writeings.
His Excellency the governour and Council haveing Considered the Legalitye of the Said Will and the Testimonies of the Said William Vaughan and John Gerrish Esquire and John Hamm doe declare the Said will to be Approved and Allowed off.
[Council Records, April 9, 1707
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