Will of Hatevil Nutter, dated November 22, 1745

In the Name of God Amen. I Hatevile Nutter of Newington in the province of New Hampshire In New England being Sick of Body * * * * I Doe hereby Make and Appoint my well beloved wife Leah Nutter to be the Executrix of this my Last Will & Testement, willing that all my Just Debts & ffuneral Charges be first paid and Discharged

I give and Bequeath unto my Two Sons, Hatevil Nutter and Anthony Nutter all my Lands in the Town Ship of Rochester Lett the Same be more or Less To them in Equall portion and to their heirs for Ever

Item. I Give and Bequeath unto my Other Two Sons (Vizt) John Nutter and Joshua Nutter all my Lands in the Township of Newington aforesaid Togeather with my Dwelling house where I now Dwell Barns Outhouseing Edificcs ffcnccs and all Other Appurenances : belonging to the Same as all So all my Intrest in any Other Lands in the Town Ship off Dover or Elce where that Derives to me from my ffather mr Anthony Nutter formerly of Dover Decd or Ought to belong to me by that Means

Item I Give and Bequeath unto my five Daughters (Vizt) Elenor Nuttor Sarah Walker Abigail Dam and Eliza Rawlings & Olive Nutter to be paid unto them ten pounds Each old Tennor by my aforesaid Two Sons John Nutter and Joshua Nutter within three Years affter my Decease In Case Either of my Two Sons (Vizt) John Nutter or Joshua Nutter Should Dye and Depart this Life without Leaveing Lawfull Issue of their Bodys that then he that Shall be the Survivor of the Twain Shall Inherritt the whole of What is Bequeathed to them both

Item I Give and Bequeath to my well be Loved wife Leah Nutter all my Moveables or personal Estate that Shall remain att my Decease (to her and to her own Dispose Dureing her Natural life, and if any thing Shall remain after my Said wifes Decease that then in Such Case what Shall be Soe left and Remaining Shall be Equally Devided amonge my aforesaid five Daughters or what of them that Shall Remain alive att that time or their heirs--as also all my personal Estate aforesaid both within Doors and without

Item I give and Bequeath unto my Son John Nutter aforesaid my Riding horse in recompence of his Dutyfullness and good carrage to me, over and above his portion in my houseing and lands, as also my gun or fowling peice.

Item I give and bequeath to my aforesaid beloved wiffe Leah Nutter my Negro Man Servant calld Ceasor to her one Dispose and Bennifett Dureing her Natural Life without the least Molistation or hinderance of any of my afore Said Childerin as also the use of my Dwelling house Dureing her Natural life or Widohood

And in Case my aforesaid Negro Servant Named Ceasor Shall be liveing affter my wifes Decase that then I give him Equally Amongst my five Childerin that I have by my aforesaid wife Leah : Nutter, vizt John Nutter Joshua Nutter Abigail Dam and Eliza Rawlings and Olive Nutter or Amongst Soe Many of them as Shall be liveing att my wifes Decease In Testimonie whereof for the True performance of all and Ever thing contained in this my last will and Testement. I hereunto Sett my hand and affixed my Seal this Twenty Second day of November one thousand Seven hundered and forty five--

          his
Sign'd Seal'd pronounced and                               Hatevil X Nutter
Declared In the presence of us---      Mark
Geo Walton
Richard Dam
John Walton
[Proved Dec. 25, 1745.]
[Warrant, Dec. 25, 1745, authorizing John Fabyan and George Walton, both of Newington, to appraise the estate.]

[Inventory of personal property, March 25, 1746; amount, £501.5.0; signed by John Fabyan and George Walton.]

[Bond of Leah Nutter, widow, with John Downing, Jr., and Jethro Furber, both of Newington, as sureties, in the sum of £10, June 26, 1746, to prosecute her appeal from the decision of the probate court allowing the will as to the personal property but not as to the real estate; witnesses, James Colbroth and Benjamin Colbroth.]

SOURCE: Probate Records of the Province of New Hampshire, Vol. 3, 1741-1749, State Papers Series, Vol. 33

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