& purposes that my sd Brother John Wollaston or his heirs & my said wife Ann Mason shall with all Speed Convenient after my Decease att the Charge of my Estate in Due form of Law Settle & convey one thousand acres of ye sd Land to some feoffees in Trust & to their heirs forever for & towards the maintainance of an honest godly & religious preacher of god's word in some church or chappel or other publick place appointed for Divine worship & service within the Said County of Newhampshire where my s wife & Brother Shall think fit the 8 feoffees & their heirs paying & allowing unto my heirs forever the yearly rent of one penny if it be demanded & two fifth parts of all such mines royall as shall be found in & upon the s one thousand acres of Land or any part thereof & one Thousand acres more residue of the sd Two thousand acres of Land I will shall be Setteled or Conveyed as afores to some feoffes in trust & to their heirs forever for & towards the maintainance of a free Grammer school for the Education of youth in some convenient place within the sd County of Newhampshire where my sd wife & Brother in Law shall think fitt they also paying & allowing unto my heirs forever the yearly rent of one penny if it be Demanded and two fifth parts of all such mines royall as shall be found in & upon the sd one thousand acres of Land or any part thereof all the rest & residue of all & singuler my mannors messuages Lands & Tenements & Heriditaments with their & Every of their appurtenances lying & being within the s County of Newhampshire or else where in New England aforesaid not before bequeathed by this my will I give devise & bequeath the same and Every part thereof & the reversion & reversions remainder & remainders thereof & of Every part thereof under the provisoes & Conditions nevertheless hereafter Expressed unto my Grand Child John Tufton & to the heirs of his body Lawfully begotten and for want of such Issue to the Sd Robert Tuffton or my Grand Child & to the heirs of his body Lawfully begotten & for want of such Issue to my Cozen Doct' Robert Mason Chancellor of the Diocess of winchester & to the heirs male of his body Lawfully begotten or to be begotten & for want of such Issue to my right heirs & assigns forever provided always nevertheless & my will mind & meaning is that my wife Ann Mason shall have hold & Enjoy the 8d mannors messuages Lands & premises by me given unto my Grand Child John Tuffton as aforesaid & receive the rents Issues & profits thereof & of every part thereof to her own profit use & behoof untill my s Grand Child John Tuffton shall attain to and accomplish his full age of one & Twenty years if ye sd Ann my wife shall so long live provided also & my further will mind & meaning is & I do hereby devise and appoint yt my s Grand child John Tuffton shall alter his Sirname and shall Name himself Mason before he shall be Capable to Enjoy the said mannors Lands & premises or any part thereof according to my bequest for that my true Intent & meaning is that the Said Lands shall not descend from the Name of Mason but that my said Grand Child & his heirs shall Enjoy ye same Lands & premises in my own Sirname & not otherwise Provided also & my will & mind is & I do hereby devise & appoint yt my Sa Grand Child John Tufton or his heirs shall well or truly pay or Cause to be paid unto my Grand Child mary Tuffton his sister out of the mannors messuages Lands & Tenements by me bequeathed unto him as afores the Sum of five hundred pounds of Lawfull Money of England for her better preferm' and advancem in marriage, the same to be paid to her or her assigns within one year next after the Day of her marriage of the sd mary Tuffton without fraud or Coven: provided also & my further will mind & Meaning is & I do hereby devise & appoint yt in Case My sd Grand Children John Tuffton Ann Tuffton Robert Tufton & Mary Tufton or any of them Shall refuse or be unwilling to take & accept of my s Brother in Law John Wollaston or such person or persons as he shall appoint to be in his or their Guardian or Guardians after ye Decease of my wife dureing their or any of their Minorities or in case my sd four Grand Children or any of them their or any of their heirs Execurs administ" or assigns or any of them shall at any time or times after my Decease by any ways or means whatsoever Sue Vex or mollest trouble or prosecute my Executor or administrs for the Sum of one thousand pounds of Lawfull Money of England which was heretofore deposited in my hand by Joseph Tufton their father, or for any part thereof y' then to from thenceforth in either of these cases the Legacies & bequests by me given & bequeathed to such of my sd four Grand Children & to his or their heirs as shall offend Contrary to the true meaning herein before declared shall be Voide & of none Effect as if the same had never been Expressed in this my will & yt y" also & in such Case I give devise & bequeath all & every yo Messuages Lands tenements & heriditaments Money Goods & Chattles whatsoever before or hereafter in this my will given devised or bequeathed unto such of my Grand Children & their heirs which shall so Disobey my true meaning herein before declared unto my Loving Cozen Doct' Robert Mason Chanceller of the Diocess of Winchester & his heirs & assigns from henceforth forever Item I give devise & bequeath all & singuler my messuages Lands Tenements & heriditamts with their & every of their appurtenances lying & being within the Realm of England or else where not bequeath'd by this my will unto my Loving wife Ann Mason & her assigns for & During the term of her natural life & after her Decease to my above s Brother in Law Jn° Wollaston & his assigns for & dureing the Joynt lives of my s Daughter Ann Tufton & her now husband upon trust & Confidence nevertheless y' the sd Jn° Wollaston & his assigns shall pay & Disburse the rents & profits of ye sd premises & every part thereof for & toward ye proper maintainance stay of Living of & for the Sa Ann My Daughter & no other wise & in Case my s Daughter's now husband shall dye & Depart in this life in the life time of my s Daughter Ann Tufton then & from thence forth I give devise & bequeathed my Sd lastmentioned messuages Lands Tenements & heriditam" every part thereof unto my said Daughter Ann Tufton for & dureing the term of her natural life & from & imediately after ye decease of my s wife & Daughter & of the longest. liver of them then to my sd Grand Children John Tufton Ann Tufton Robert Tufton & mary Tufton & to their heirs & assigns forever & to none other use Intent or purpose whatsoever und ye provisoes & Conditions nevertheless herein before declared: finally I do hereby revoke Countermand & make Voide all former wills Testaments Codocils Execut's Legacies & bequests what soever by me at any time made named given willed or appoint'd before the making of this my will willing & minding yt these presents only shall stand & be taken for my last will & testament & none other Saveing & reserving unto my self nevertheless full power & authority to make add or annex hereunto one or more Codocil or Codocils at my free will & pleasure, any thing whatsoever before in this my last will & testament Expressed to the Contrary thereof in any wise notwithstanding: In Witness whereof I ye sd Capt John Mason the testator to this my present will & testament being written in fourteen sheets of paper with my name subscribed to every sheet have sett my seal y twenty sixth day of November Annoq: Domini one thousand six hundred thirty five & in the Eleaventh year of the reign of our sovereign Lord Charles by y Grace of God King of England Scotland France & Ireland defend of ye Faith &et: & in Case my s Grand Children Jn° Tufton Robert Tufton should both die in ye life time of my wife without Issue of their or either of their bodys Lawfully begotten then I give & bequeath all my mannors messuages Lands & tenem's By me given to my sd two Grand Children or either of them unto my wife during the term of her natural life & after her decease to my Daughter Ann Tufton dureing the term of her natural life and after both their deceases then to such person or persons as ye same is mentioned to be given & bequeathed unto by this my will John Mason signed sealed published & declared by ye sd Capt Jn° Mason ye Testator as his Just will & Testament on the day & year above written In the presence of us whose names are hereund written Tho Noell Mathew Mason J fferret Notary; probatum fuit Testamentum Supra scriptum apud. London Coram venirble viro magistro Willo Clark Legum d're surr venirabli viri d'mi Henri Martin militi Legum Etiam Doctoris Curia prerogative Comit Magistri Custodis Sive Commisarii Legitime Constit vicisimo sedo die mensis Decembrs Anno Domini millisimo Sexceptesimo Tricesimo Quinto Juramento Annæ Mason relictis dicti defunti et Excecutrices in hujusmodi Testimento nominat Cui Commisa fuit administratio oum & singulorum bonorum Jurium et Creditorum dis defunti de bene fid. bl administrando eadem adsto dei Evangelica. JuratTho: Williams Reg's Deputy Sadler 127 QTM Tertio Examinat A True Copy from the Sup' Court files Compared Province of ye 21st March 1701 Newhamp'ye Theo: Atkinson Cle Theo: Atkinson Clerk Province Newhamp' Vera Copia Compared 9th July 1706 Vera Copia from the file in the Inf Court of Common Pleas at Portsm° Compared 24th April 1707/ Wee put in to Ireland goinge home, and there was Taken Sike, and Lefte behind and Laye So Longe before I got well; that it was the Latter End of December Laste before I got to London, and m1 Mason was Ded But I Spoke With S fferdenando Gorges and the other owners, but they gave mee no Incoradgm' for New-England, I Acquainted y ffully of what you and I Discoursed but theye ware quite Could in that matter m' Masson being Ded, and S' ffardenando, Minding only his one Divityon, he teles me he is a geting a Pattente for it from the King, from Piscatequa to Sagadehocke, & that betwene Meremake and Piscatequa, He Left ffor m' Mason, who, If hee had Lived Would a Tooke a Pattent for that allso, and so I Supose the Affairs of Laconia is Ded allso I Intend to goe for the Este Inidges, A ffrend of mine have made me a Very good proffer and I Thinke to take Up wth it, which is what offers at present Thus with my kind Love to you and your Wife and Daughter I am Your Loving ffrend George Vaughan [Lease to Francis Matthews, Oct. 1, 1637.] [Council Book 1, p. 34.] This Indentur made the first day of october Ann: Do: 1.6.3.7. and in the thirtenth year of the rayne of our soveraigne Lord knge Charlls whearas S ferdinando Georgis knight: Cap' John Mason Esquier and thear asotiats by vertue of a pattinte is Rightlly Interested and seased on a persill of land in Niw Ingland in America Called pascataway and for the executinge of thear affaiers in thos parts hath asigned Richard vines Henry Joslin and Thomas wannerton Gentel: theare Agents: wee thearfor Richard vines, Henry Joslin and Thomas wannerton, do demise grante, lette, unto ffransis mathews, all that parsell or portion of lande In pascataway River lyinge upon the north west Side of the great Illand Commonly Called muskito hall, beinge a necke of land by estemation on hundred acers or thear abouts more or lesse to have and to hould all the demised premisis the appertenaucis to the sayd ffrances matheus his heirs exec"ters administrators and asignes from the date hearof untell the terme of on thousand years be ffully Compleat and ended yealding and payinge thearfore the annuall Rente of two shillings unto the sayd Sir fardinando gorgis Captin John masson thear hiers executers administraters and asignis if it bee lawfully demanded upon every first day of october duringe the sayd terme of one thousand years, in witnes of the treuth wee have hearunto sete over hands and sealls the day and year above wrighten witnesis Xavius Hawkins Rich: vines 7 |