1675 - 1740
In the name of God Amen. the sixteenth Day of May Anna Domini 1737. I Philip Shearman of Dartmouth in the County of Bristol in the Province of the Massachusets Bay in New England yeoman being in good health of body and of sound disposing mind & perfect memory, thanks be given unto God, therefore considering the uncertainty of this my natural life, and the necessity of setling my Temporal Estate in order to my great change when it shall please the Lord to call me hence. for the preventing future trouble in my family, do make and ordain this my last Will & Testament. That is to say, Principally & first of all, I give and Recommend my Soul to God that gave it and my body I Commit to the earth therein to be decently buried in Christian manner at the descretion of my Executor herein after nominated, and as to that Temporal Estate wherewith it hath pleased the Lord to bless me in this life (after all my just debts and funeral expenses are first paid out of my personal Estate) I give devise and dispose the same in manner as followeth.
Imps: I give and bequeath unto Hannah Shearman my well beloved wife all my household stuff and moveables within doors as a free gift.
Moreover I give and bequeath to my said wife one good cow out of my stock and her Election therein to be at her own disposal. Also the use & improvement of all my now dwelling house and half the profit of my old orchard with sixteen bushels of good sound Indian corn yearly and every year during the term she remains my widow, together with three hundred weight of good well fed beef and one hundred and fifty Wt [weight] of good pork, and also sufficient firewood of a suitable length for the fire and to be provided for her at the door of my now dwelling house yearly during said term by my three sons (viz) Stephen, Ichabod and Abraham Shearman. I likewise give to my said wife the keeping of one cow both with winter meat and summer pasture with the use of a suitable riding horse to ride on whensoever she shall have occasion and to be kept and provided for by my said three sons during said term on the lands herein after given them all which said bequest to my wife is in lieu of her dowry or thirds out of my Estate.
Item: I give and bequeath to my son Jabez Shearman and to his heirs and assigns for ever all my Right in the Cedar Swamps in Dartmouth aforesaid beside what I have already given him by deed.
Item: I give and bequeath to my son Stephen Shearman and to his heirs and assigns forever thirty five acres of land of the northerly part of my homestead farm in Dartmouth aforesaid beginning at a button wood stake a corner bound on the Easterly side of my said homestead farm mentioned in the Return of the Survey of my said homestead, thence south two degr [degrees] East four Rods to a heap of stones for the southeasterly corner of said thirty five acres, West twenty two degr North to the west line of my said homestead (viz) all my land lying to the Northward of the line last mentioned together with my little orchard lying on the East side of the brook next to the land of my brother Timothy's land with free privilage of a convenient drift way to pass and repass to and from his house to the Rhode he paying therefore and providing for my wife (his mother) one third part of the Indian corn, one third part of the beef, one third part of the pork, one third part of the firewood and on [one] third part of the keeping a Cow & Riding horse during said term of her widowhood yearly and every year.
Item: I give and bequeath to my grandson John Shearman (son of my son John Shearman late decd [deceased]) ten acres of land of the southwesterly part of my said homestead farm in Dartmouth aforesid beginning at a black oak tree the southwest corner bounds of the land by me given to my son Jabez as by a deed therof under my hand and seal, thence North six degr East thirty one rods and ahalf to a great white-oak tree for a Northeast corner, thence to the head of my said homestead farm, and to extend so far upon the hoad (sic) thereof as to Include ten acres, all which said ten acres I give to my said grandson and to his heirs and assigns forever in case he arrives to age of twenty one years and in case he dies in his minority and leaves no lawful Issue of his body legally to represent him for the Injoyment of the said Inheritance, that then the said Ten acres shall by virtue of this my Will devolve to my son Abraham Shearman and to his heirs and assigns for ever, he paying therefor to my daughter in law Margaret Shearman what charges she shall have expended in carrying on the building of the dwelling house thereon. Also further my Will is that in case my said grandson die in his minority and leaves no Issue as aforesaid that my said daughter in law Margaret shall have and Injoy the said house with one quarter of an acre of land thereto adjoyning during the term she remains my son's widow.
Item: I give and bequeath to my two sons (viz) Ichabod Shearman and Abraham Shearman and to their heirs and assigns forever all the Rest & Residue of my homestead farm land in Dartmouth aforesaid equally to be divided in quantity between them, and that my son Ichabod to have and enjoy the Northerly half thereof and to be bounded Easterly on the land of my brother Timothy Shearman and to extend Westerly to the head of my said homestead farm land and his Southline to Run paralel with the south line of the land above bequeathed to my son Stephen with all priviledges thereto belonging together with the land whereon his shop now stands & the benefit of the Pond and stream thereto adjoyning he paying therefore and providing for my wife his mother one other third part of the Indian corn, one third part of the beef, one third part of the pork, one third part of the firewood and one third part of the keeping of a Cow & a riding horse yearly and every year during said term she remains my widow.
Moreover I give and bequeath to my said son Ichabod Shearman and to his heirs and assigns for ever all my Right in the three hundred acre division of the lands yet undivided in the Township of Dartmouth aforesaid.
Item. I give and bequeath to my son Abraham Shearman and to his heirs and assigns for ever all my out lands in Dartmouth aforesaid already laid out in the four hundred acre division together with all the remaining part of my homestead farm land in Dartmouth aforesaid with all the buildings thereon and other the appurtenances thereto belonging (axcepting and Reserving my said dwelling house or the part thereof wherein I now dwell and half the old orchard to and for the use benefit and improvement of my said wife during the term she remains my widow. he my said son Abraham paying therefor the sum of forty pounds unto my son Jabez Shearman in such money as shall have a general currency in New England at the time of the payment thereof which shall be in two years next after my decease and also pay and provide for my wife his mother yearly and every year during said term one third part of the said Indian corn, one third part of the beef, one third part of the pork, one third part of the firewood and one third part of the keeping said Cow and riding horse all which I desire my three sons faithfully to perform for the better subsistance of my wife in her declining years.
Item: Further my Will is that the way leading from the Rhode through the gate into my said homestead farm be remain and continue a driftway for the benefit of all my sons and their heirs and assigns for ever.
Item: I give to my daughter in law Maragret Shearman the sum of five pounds in bills of publick credit or equivalent thereto to be paid out of my living stock, and that my Executor Shall well and truly pay all my debts and funeral expences out of my living stock of cattle horse kine sheep & swine, and whatsoever shall be remaining of my said stock I give equally amongst my four sons abovenamed.
Item: Of this my last Will and Testament I do nominate constitute and appoint my son Stephen Shearman Executor desiring him to take and see the same fulfilled according to the true intent hereof.
And by these presents I do Revoke make null and void all and every other testaments and Wills by me heretofore made or declared confirming and allowing this and no other to be my last Will & Testament.
In witness whereof I have hereunto set my hand and seal the day month and year herein before written.
Philip Shearman (his mark and seal)
Signed sealed published pronounced and declared this the aforewritten by the said Philip Shearman to be his last Will and Testament in the presence of us. [signed] Wm Sanford, Jonathan Shearman, Barnabas Russell
Entered in the ninth Book of Wills, April 16, 1740.
(Probate Court, Bristol County, Taunton, MA).
ESTATE Note: Each line item is totaled like (14-3-6) which means (£14-3s-6d)
An inventory of the moveable estate of Philip Sherman late of Dartmouth (deceased) as it was set forth taken the fifteenth day of March 1739/40 by us whose names are under written.
1. purse £1-1-0; wearing apparrel £16-16-0; books 16s (18-13-00)
2. Sadle & bridle £2; brass kittle & skillet £6 (08-00-00)
3. pewter a tankard quart pot & spoons £2-3-0; tinn 3s (01-06-00)
4. four platters £3; 3 basons £1-15-0 (04-15-00)
5. six plates £1-7; four porringers 0-12-0 (01-19-00)
6. a warming pan £1-5-0; a toaster 8s (01-13-00)
7. iron two pots £1-10; two kittles & one skillet 19s (02-09-00)
8. frying pan & crested combs £1-17; two tramels #1-2 (02-19-00)
9. fire tongs & slice [bar] 18s; candle sticks & padlock 6s (01-04-00)
10. box [of] iron & 2 pair of shears 12s; eight bottles 8s (01-00-00)
11. three chains & a cops (see note 2) & pin £3; an iron barr #1 (04-00-00)
12. one iron bason 9s; a cart rope 12s; a pitcher & nipmuck 4s (01-05-00)
13. a looking glass & 2 drinking glasses 12s; a square 5s (00-17-00)
14. two yokes & irons 14s; plow irons 12s; a grind stone £1 (02-06-00)
15. four baggs 10s; three baskets & a sieve 8s (00-18-00)
16. one bed & beding bedsted & furniture (20-00-00)
17. one bed bedsted & furniture (17-00-00)
18. one bed & furniture £17; three chests & one box £3-10 (20-10-00)
19. a lomb [loom] & tackling [gear or tackle] £7-10; two spinning wheels £1-8 (08-18-00)
20. a pair of bellows 10s; ten chairs £2; a table & stool £1-5 (03-15-00)
21. a clock reel 8s; pails trays & one kelner [keeler, a shallow tub] 11s; four tubs £1-2 (02-01-00)
22. Cheese fats & a walking stalf 17s; trencher [wooden meat plate] 4s (01-01-00)
23. some old baskets & a little wooll 3s; knives forks & compasses 4s (00-07-00)
24. Woodden dishes & lumber 12s; old iron & an adds [adz] 13s (01-05-00)
25. a razor & hone 13s; table linen 14s (01-07-00)
26. one mare £22-10; one cow £12; a half bushel 3s (34-13-00)
27. A note promisary from Abraham Sherman for stock belonging to his father Philip Sherman (64-00-00)
28. 17 sheep & 7 lambs £13; a hand saw & wedgs 18s (13-18-00)
Signed: James Howland, Jonathan Sherman & William Bowdish.
(Probate Court, Bristol MA).
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