The now and then postings of the discoveries and contributions of the Miller and Bechtold families .

Friday, March 26, 2010

documents: the Will and Testament of Captain Paul Sears


Everybody needs to have a Will and Testament. This one goes way back...

Captain Paul Sears is our 8G Grandfather
Zachariah Paddock is our 7G Grandfather;
Samuel Howes is our 7G Great Uncle

Captain Paul Sears + Deborah Willard
Paul Sears + Marcy Freeman
Daniel Sears + Mercy Snow
Michajah Sears + Anna Crowell
Zachariah Howes + Lavinia Sears
Nathan Howes + Nabby Philips
Nathan Howes + Erede Baker
Emil Bechtold + Jennie Howes
Frederick Emil Bechtold + Marie Caroline Dresser
Dick Bechtold, Barbara, Jane, and Marie
Millers, Bechtolds, Immels, Connollys


abt 1680 Yarmouth, Barnstable Co., MA - May 24 1718 Chatham, MA
In the name of God, Amen, the Twentieth Day of February, 1707-8. I, Paul Sears, Senr. of Yarmouth, in ye County of Barnstable, in New England, being at this time ill and weak in body but of Disposing mind and memory, Praised be God, Do make, Constitute, ordain and Declare this my Last Will and Testament, in manner and form following: First, and principally. I Comitt my soul to God, most humbly depending upon the gracious Death and merits of Jesus Christ my only Lord and Saviour for Salvation, and to the free pardon of all my sins. And my Body to the Earth to be buryed in such Decent Christian manner as to my Executors hereafter named shall be thought fitt. And as for my outward Estate, as Lands, Chattels and Goods, I do order Give and Dispose in manner and form following; First, - I will that all those Debts and Duties that I owe in Right or Conscience To any perosn whatsoever shall be truly paid in convenient time, after my Decease by my Executors hereafter named, out of my movable Estate. Item,- I do give and bequeeath to my eldest son Samuel Sears, all that my land and meadow in the township of Harwich upon part whereof his house now stands as is comprehended within and between the boundaries now following: (that is to say ,) bounded on the east by Kenelm Winslows Land at ye known and accustomed bounds and on the west side beginning at a remarkable rock, (lying about four Rods eastward from Yarmouth bound Rock at bound brook,) and from the sd Remarkable Rock the line runs Southerly over the Swamp and up ye hill to a great Pine tree marked in sd Yarmouth line: and thence up ye same straight line Southerly to the highway: and thence eastward as the way runs to ye said Winslows Land, (the sd highway being the bounds on ye south side) And the beginning again att ye sd Remarkable Rock the line runs norhterly to a stone sett in ye ground: and thence easterly to the edge of ye marsh by a straight line to another stone sett in to the ground, and so bounded by the marsh to another stone sett in the ground northerly on a straight line to a bend of ye main Creek at a stone sett in the Maresh, and on the north side tis bounded by tyhe known and accustomed bounds and of my interest in the undivided lands in sd Harwich, viz.: that is my sd son Saml. shall sixteen acres to himself in ye next Division(ye proprietors make of the undivided Lands) and the one half of all the rest of my interest there. All which sd Lands and Meadows shall be to my sd son Samuel Sears, and to his heirs and assigns forever, he yielding to his mother, my wife, one third part of ye proffits thereof during her natural life, and also paying to his two brothers Richard and Daniel, forty and two pounds in money towards the paying their purchase at Manamoy. I do give him my Try pott and Kettle. It.- I do give and bequeath to my son Paul Sears and to his heirs and assigns forever, one piece of fresh meadow called the Green Meadow which lyeth on the north side of my old house and is bounded eastward at ye Well or Spring, then westward taking in all ye Marsh or ground to ye old cartway (which leads into ye neck) on Joseph Sears fence: thence northeastward as the old sd cartway and fence runs to Zachariah Paddocks fence or line which is ye bounds on ye north side to bound brook, the sd bound brook and well or spring being the bounds on the east side, and also one quarter part of my interest of the undivided Lands in sd Harwich (besides the above sd Sixteen acres given to my son Samuel,) and for the rest of my son Pauls land is in ye neck where he now dwells, and by me confirmed by Deed of Gift formerly, and my Will is that he shall yield to his mother, my wife, one third of the proffits or income of all I have given him, during her natural life, and that he shall pay to his two brothers Richard and Daniel, forty and four pounds in money towards the paying their purchases att Manamoy. My will further is that the Ditch which hath been the accustomed bounds in the in the marsh betwixt my son Paul, and my kinsman Josiah Sears shall remain for- ever; beginning southerly att ye upland and running straight northerly to the Creek which did run on ye north side of ye island, which creek shall be the north bounds: And my Will is, and I do give all that slip of meadow on the West side of ye sd ditch unto the said Josiah Sears, his heirs and assigns forever. It.- I do give and bequeath unto my son John Sears, and to his heirs and assigns forever, all the rest of my Homestead, both housings, lands and meadows, also one quarter part of all my interest in the undivided lands in ye sd Harwich, excepting the sixteen acres before given to my son Saml.-he my sd son John allowing and yielding to his mother, my wife, the one third part of my Housing, and the third of the proffits of ye lands during her natural life, and he paying to his two brothers Richard and Daniel, forty and four pounds in money towards their purchase att Manamoy. It.- I do give and bequeath all my movable Estate as Cattle, sheep, horses, swine and household stuff &c, unto my loving wife Deborah, (my Debts and Funerall charges being first paid.) She shall have the rest for her comfort while she lives: and what she leaves at her death to be equally divided amongst my daughters to whom I have each of them given such parts or portions as I was able or thought fitt. Lastly,- I do nominate and appoint my sd son Saml Sears and my Loving Wife Deborah executors to this my last will and testament. In witness whereof, I have hereunto sett my hand and seal ye day and year in ye other side forst above written.
Signed, sealed & declared in The mark and seal of presence of Paul (=) Sears, Senr. (seal) John Thacher Zachariah Paddock Samuel Howes

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