Probate of Brian Hall 1782/83 (wife Abaih)

Handwritten document

In the name of God honor I Brian Hall of Norton in the county of Bristol in the Massachusetts being in New England being at this time not very well of a yet of a sound & his posing mind and memory taking under consideration the uncertainty of life think it my duty to make my last will and testament first of all and my body and the peace my worldly estate of as follows

 

First ___ my just debts to be paid as ____ herself order.

 

First ____ and bequeath to my ___ beloved wife Abaih the ___ and improvement of all my real estate lying in the T Norton until my son John Hall arrive to twenty one years and then have one third ___ thereof for her ___ or ____ in my estate.

 

I give her my two ____ bed and furnature.

 

Item I give and bequeath to my son Issac Hall[1] his heirs and assigns forever 4 acres of land lying on the west side of old pond in Raynham and two acres of fencing in Joiners Swamp to called

In Maysied (?) and also ten acres of land to be measure of according to Quantity & Quatily of from my land in North Providence in the state of Rhode Island.

 

I give him my two broud clouth bats and a Camblet Coat and my _eft Beaver Hat.

 

I give to my three sons namely John, Brian and Silas to their heirs and assigns forever to be equally divided between them all my land and Real Estate lying in the town of Norton, Easton & Taunton. Re____ only.

 

Only Improvement as before mentioned to my said wife ____ all my probate rights in Taunton and Taunton North probate to the privilege of land (?)

 

Item to my Daug (?) late (?) Anna her heirs and assigns _____ ______ feather beds & furniture their belonging  ___ one high case of ___ a dozen of chairs and a looking glass and a roud table.

 

To my daughter Prudence I give to her her heirs and assign two feather beds and furniture one high case of ___ a dozen of chairs and a looking glass and a round table.

 

To my daughter Abaih I give two feather beds and furniture one high case of ___ a dozen of chairs and a looking glass and a round table.

 

My pew in the meeting house I leave to be _______ by any or all of my family as long as they live in said Norton.

 

I leave to my brother in law Jacob Woodward[2] and Silence (?) his wife to them their heirs an assigns forever real estate lying in North Providence in the state of Rhode Island excepting only ten acres to be measured of according to Quantity & Quatily which I have herein given to my son Issac.

 

I order my to wife ____ ____ ____ Leonard out my estate during her natural life.

 

All the kept and ____ of my Estate of what ____ in _____ _____ I give my said wife order for pay my ____ debts _____ and to know all my credits. And so Constitute my said wife and my son Issac to be executors of this my last will and testament ratifying and confirming this and no others to be my last will and testament making all other will and testaments by me ______ _______. In exception thereof ____ here unto lots my land ____ this twenty fifth day of October 1778. 

 

Brian Hall (mark)

 

Signed sealed ____ _____ ____ and disclosed by Brian Hall his last will and testament in the presence of

John Morey

B_____d Ca___n

Geo Leonard Jr

 

Bristol _____  5th 1779 then before the ____ will _____ of the probate of will of the county of Bristol came John Morey and

To be continued but in essence is a short paragraph that states that Brian is now deceased and swears that this is his last will…. (tough to read)…

 

 

Handwritten document

 

(editor’s note: LAND MEASUREMENT CONVERSION GUIDE. 1 Acre = 43560 square feet 1 Acre = 160 square rods).

 

We the subscribers Being Appointed by the Honorable Benjamin Williams Judge of Probate of wills xc: for this county of Bristol to make a just and true appointment and division of the real estate whereof Lieut. Brian Hall Late of Norton …to county of Bristol deceased ___ ___ of which appointment and Division by Virtue of an order from said Judge of Probate ___ ___ directed we Proceeded to make agreeable to this deceased will all parties be duly Notified.

 

The whole of the above said Estate we appraised at seven hundred seventy two pounds and eight shillings by we. Left off to the widow Abaih Hall the widow of the deceased 55 acres and seventeen rods of land of the home farm lying on both sides of the road bounded as follows northerly on the river and easterly from the Bridge near at utma Cobbs as the fence now stones by ttu. Cart North to the road then the crossing road and ranging south forty three degrees west sixty seven and a half rods to George Leonard’s[3] Land to a large Stump then to on the same. Course twenty two rods to a white oak tree thence. South seven and a half degrees west to a stake in the outside line thence North twenty nine degrees west to a heap of stones on the South side of the road thence by the road North seventy three degrees east fifty three rods thence crossing the road North nine degrees east sixty four rods to said river together with one half the dwelling house.

 

Editor’s note: Perhaps this refers to Cobbs Bridge is over the Wading River at the upper end of the Barrowsville Factory Pond. It took it’s name from Ann Cobb who once lived near it and was reputed to be a witch. A locality known in early times as the Scotlin or Scotland is supposed to have been in the neighborhood of number three schoolhouse.[4]

 

Thereon to wit the East half with a Privilege to pass and repass   through any other parts of said house necessary to improve her own half and one half the barn and all of the farm house and all the shed an said premises and two acres and a half more of land that is ditched for to be laid out adjoining to Palmers[5] wood lot and to Nathan Perry[6] & Nathan Dunham (?) one hence of Ceder swamp in Seekonk Swamp to half __of Joseph Lincoln Land being her full share for one third part of said estate appraised at two hundred fifty seven pounds, nine shillings and four pence.

 

Editor’s note: the Seekonk Cedar Swamp is in the southwesterly part of Norton.[7]

 

Duly we left off to John Hall the oldest surviving son of said deceased forty eight acres and one hundred and thirty rods of land lying on the Southerly side of the farm that was formerly Joseph Lincolns on both sides of the road bounded as follows beginning at the river at the Southwest corner of said farm thence. North seventy two degrees East one hundred and eighty rods to a corner thence north thirty one acres with six rods and twelve feet to a Corner thence North seventy two degrees east twenty rods and four feet to Samuel Hunts[8]  Land thence by Hunt’s Land North ten acres west seventy four rods to a corner thence South seventy two degrees west sixty seven rods to a stake thence South Six and a half degrees East forty rods and a half to a stake thence west thirteen and a half degrees south thirty five rods to the road thence crossing the road the same point to the River hence downstream said river first mentioned Corner together with one half the barn to wit the East half now standing an the other part of said Lincoln farm with liberty to improve the half of said barn at all times where it is now stand and one third part of all the out land not particularly herein mentioned and Estate of any kind given to said sons by said deceased in his last will being his full share of said estate appraised at one hundred seventy one pounds twelve shillings and eleven pence.

 

Duly we left of to Brian Hall a miner the second surviving son of said deceased Eleven acres and seventy three rods of land at the South end of the home farm bounded as follows Beginning at a large stump in the line of the widow third thence by the widow third to Josiah Hodges[9] Land Hence. South twenty nine degrees East to Silvanus Branans[10] Land thence by said Bramans Land  north sixty six degrees east fifty two rods to a corner thence north thirty five degrees west eight and a half rods to a turn thence a straight line to the first mentioned stump together with one half the dwelling house to wit the with half and one half the cellar under said house and privilege to pass and repass through the other part of the house necessary to improve his own part and privilege to use the well and one half of the barn and all an __ Buildings Standing behind said Dwelling house with Liberty to move it off all which buildings being on the widows thirds. Said Brian to have the liberty to improve the same and also Eighteen acres and one hundred and twenty two rods of Land on the north west corner of the Lincoln farm lying on the West side of the road bounded as follows . Beginning at a heap of stones by said road a little to the South of a small brook thence west twelve degrees south forty eight rods to a corner thence south three and a half degrees East to the river thence up stream said river to Noah Wiswalls (?) Land thence by said wiswall Land north twenty three degrees west forty four and a half rods to a corner thence North fifty four degrees east twenty one rods to a turn thence north seventy degrees east to the road thence by said road to the first mentioned corner and one third part of all the outland or any other Estate not particularly mentioned that was given to sons by the deceased being his full share of said estate appraised at one hundred seventy one pounds twelve shillings and eleven pence.

 

 

Duly we left off to Silas Hall a miner the youngest son of said deceased thirty nine acres and one hundred and twenty one rods of Land of the said Lincoln farms lying on both sides of the road bounded as follows beginning at the Corner of the road Southerly from Nathaniel Woods house thence by the road that leads to Samuel hunts North Seventy Degrees Eat until it comes to said Hunts Land thence by said hunts land south twenty one and a half degrees east twenty nine and a half rods to corner thence South seventy two degrees west partly by said Hunt and partly by the land left off to said John Seventy seven rods and six feet to a Stake a corner between said John and Silas thence South six and a half degrees east forty and a half rods to a stake thence west thirteen and a half degrees south crossing the road to the river thence upstream said river until it comes to the land left off to said Brian to a small white oak near the river thence north three and a half degrees west about twenty two rods to a corner thence east twelve degrees North forty eight rods to the road thence crossing said road and ranging on the East Side of the road to the first mentioned corner together with the Dwelling house thereon and one half the barn to wit and with half one third part of all the out land  or any other Estate not particularly mentioned that was given to sons by the deceased in his last will being his full share of said estate appraised at one hundred seventy one pounds twelve shillings and eleven pence.

 

Norton September 28^th 1782

 

Handwritten document

 

Commonwealth of Massachusetts In Senate June 6^th 1783

 

On the petition of Abaih Hall Executor to the last will and testament late of Norton in the County of Bristol deceased, praying that She may be empowered to make Sale of so much of the said deceased real estate as will be sufficient to discharge his Just Debts and charges set forth in the said petition.

 

Resolved that the prayer of the Petition be granted and that said Abaih Hall Ex and is hereby authorized and empowered to make Sale of so much of that part of the said deceased real estate that was given in his last will to his three sons John, Brian and Silas as may be sufficient to pay all the said Brian’s Just debts that remain unpaid and all intervening Charges to be sold where it will be least painful ducal to the remaining part of the said Estate and to give a good and lawful Deed or Deeds of the same to the purchaser or purchasers thereof whether said Abiah observing the rules and directions of the Law for the Sale of Real Estates by executors and administrators and giving bond with sufficient sureties to the Judge of Probate for the County of Bristol for the faithful performance of the said trust.

 

Sent down for Consideration S

 

S Adams Pres

In the House of Representatives June 7^th 1783

 

Read and Considered

Tristram Dalton Spk

 

Approved John Hancock

thru Copy

attest

John Soery Peck

 

Handwritten document – 1783, September 10 John 3^rd to Brian (brothers)

 

Know all men by these presents that I John Hall 3^rd of Norton in the County of Bristol and Commonwealth of Massachusetts Laborers for and in consideration of fifty pounds lawful money to me paid by Brian Hall and Silas Hall Miners both of Norton and brothers to said John the receipt whereof I do acknowledge. I do by the presents give grant Bargain Sale convey and confirm to said Brian and Silas equally my full share of all the Right and Title I have or ever shall have to my mother’s thirds to wit Abaih Hall widow to Brian Hall late of Norton deceased the had let to her of her late husbands estate as will fully appear by up division of said deceased Estate.

 

To have and to hold the same to up said Brian & Silas their heirs and assigns forever for their only use Benefit and Behoof with all of privileges and appointances thereto belonging or in any wise appertaining to them of said Brian and Silas and said John do covenant with said Brian and Silas that I am lawfully seized in fee of ye premises that I have good right to sell and convey the same and that I will warrant seizure and defend of same to of said Brian and Silas their heirs of assigns forever against of lawful claims and demands of all persons. In witness whereof I do hereunto set my hand to seal this ninth day of September in the year of our Lord Christ one thousand seven hundred and eighty three and in the either year of Independence of America

 

John Hall 3^rd  S

 

Signed Sealed and Delivered in the presence of

William Homes

Silas Cobb

 

Bristol ss September 10^th 1783 then of witness named  personally appeared and acknowledged written instrument by him. Subscribed to be his free art & Decd Before

William Homes, Justice Peace

 

Received Sept 10^th 1783 Recorded by me James Williams Regr    

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[1] Note that Issac dies a year later before the estate goes through probate.

[2] Note that the book, “George Hall and his descendants” compiled by Robert Leo Hall in 1998 lists Jacob Woodward as married to Brian’s sister Freelove, this document although difficult to read says something along the lines of Silence.  Also we don’t know if Jacob is a brother-in-law married to his sister or married to his wife’s sister.

[3] This document was written in 1780,  there was no 1780 census on ancestry, this name is found in Norton 1790 census

[4] A History of the Town of Norton, Bristol County, Massachusetts, from 1669-1859, By George Faber Clark, page 42

[5] This document was written in 1780, there was no 1780 census on ancestry, this name Palmer (first name Joseph  found in Norton 1790 census.

[6] This document was written in 1780,  there was no 1780 census on ancestry, this name is found in Norton 1790 census

[7] A History of the Town of Norton, Bristol County, Massachusetts, from 1669-1859, By George Faber Clark, page 42

[8] This document was written in 1780,  there was no 1780 census on ancestry, this name found in Norton 1790 census

[9] This document was written in 1780,  there was no 1780 census on ancestry, this name is found in Norton 1790 census

[10] This document was written in 1780,  there was no 1780 census on ancestry, this name is found in Norton 1790 census