The nienth moneth the nienteenth day in --1655 Bee it knowne vnto all men by these presents that I Hugh smith being sick in body but yet of perfect memorie doe make this my last will and Testament as in forme followeth Imp my will is that my wellbeloued wyfe Mary shall haue my estate all of it at her dispose for to prouyde for her self withall and to bring vp my Children while that she remayneth vnmaryed and in Case she see Cause to and haue an ofer of mariadge which shee shall accept then my will is that she shall haue her thirds of my estate: allso that she shall haue allowed her fiue pounds out of my estate towards the bringing vp of my youngest sonn: also my will is that my Children shall haue equall portions out of the resedue of my estate saue onely that my will is that my Eldest sonn sammuell smith shall haue half soe much more in portion as any other of my Children: and in witnes hereof I set to my hand the day and yeare aboue written:

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Hugh Smith
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     Witness: Thomas Dickanson, William W Jacson, John Trumble and John Pickard.

     Proved in Ipswich court 25: 1: 1656.

     Inventory taken 14: 10: 1655 by Joseph Jewett and Thomas Dickanson: one mare, 15li.; one ass, 4li. 10s.; foure sheep, 3li. 15s.; two oxen, 14li.; five Cowes, 19li.; one steer, 4li.; eight swyne, 6li. 10s.; house and barne and six acres of land and orchards, 10li.; seven acres of land and one half in batcheler plaine, 22li. 10s.; eleven acres of meadow, 20li.; foure gates for cattell, 4li.; one gate more, 1li.; wheat and Rye, 8li. 10s.; indian corne, 4li.; eleven score and fourteen pound of wooll, 14li. 12s.; thirtie pound of sheep wooll, 2li. 5s.; one payre of looms with tacklings thereto, 1li. 10s.; one musket and two swords and one pouch, 1li. 10s.; one great Coat, 1li. 10s.; one short coat, 6s. 8d.; one dublet, 12s.; one payre of Cloth brecthes, 8s.; one Jerkin, 12s.; one fustin dublet, 5s.; one short coat and a paire of brecthes of white Cloth, 10s.; one payre of boots, 17s.; one sute of leather, 18s.; one hat, 6s.; one fether bed and bed Clothes and a bed stead, 6li. 10s.; a trundell bed and clothes, 2li.; one rugg in the bay, 1li.; one warming pan, 8s.; a nother bed and clothes, 1li. 10s.; one cart and on plow and chayn, 3li.; hay, 4li.; kettells, pots, tubs, one churne and puter, 5li. 10s.; wheels, chayns and Cushins, 10s.; total, 234li. 11s. 8d.

     Debts owing by Hugh Smith: to the children of goodie Eletrop, 12li. 17s.; Mr. Jewit, 11li.; Elder Raynor, 11li.; John Tod for wooll, 10li.; John Tod for bear and cakes, 1li. 10s.; Thomas Wood for a cofin, 9s.; James Barker his apprentise, 5li.; total, 51li. 16s.

     Mary the widow of Hugh Smith deposed 25: 1: 1656 to the truth of this inventory. Essex Co. Probate Files, Docket 25,549

     Jeremiah Elsworth stated that upon his marriage with Mary Smith, he bound himself to Thomas Dickanson, John Pickard and Deacken Jewett, in the sum of two hundred pounds; bond, dated 26: 9: 1657. Wit: Joseph Jewett, Thomas Dickanson and John Tod; conditioned to pay their portions to Hugh Smith's children: viz: Samwell, Mary, Sara, Hannah, Marthay and Edward Smith. Essex Co. Quarterly Court Files, vol. 3, lear 127.

     Hugh Smith's estate not being yet divided by any who had power, the court, Mar. 26, 1667, appointed Maxemillian Jewett and Leift. Samuell Brocklebanke to divide the lands into three equal parts, that the said parties concerned in the will might have their proportions, the mother one-third and the children two-thirds. If they could not agree, the court was to determine. Ipswich Quarterly Court Records, vol. 5, page 39.

     Maximilian Jewett, Leift. Samuell Brocklebanke and Ezekiell Northend, appointed at the first session of this court to make equal division of the lands that were Hugh Smith's, made return Apr. 30, 1667. But the parties concerned came into court and presented an agreement that may be as good for the children of said Smith, and court accepted it and confirmed the rest of the land to Jerimiah Elsworth. Ipswich Quarterly Court Records, vol. 5, page 11.

     The agreement between Jerimiah Elsworth, Daniell Wickam and Leonard Hariman guardians to some of the children of Hugh Smith: Jerymiah Elsworth is willing that the two sons of Hugh Smith shall have their whole portions out of the lands of Hugh Smith according to their father's will, and also all the houses and lands at home, and four acres of land at the Bachelour field and two cow gates, and all that division of marsh and upland at the end of it in the marsh feild to the path way, and one acre in the new plain at the east end of the land that was Hugh Smith's; also that what lands the said Hugh Smith was possessed of and not inventoried, and what hath been or is to be in any way added to his right, shall be devided among Hugh Smith's children, the mother having her thirds and the two thirds to be devided among the children according to their proportions in the will.

     The Court Apr. 30, 1667, accepted of this agreement and the rest of the land confirmed to Jeremiah Elsworth. Ipswich Deeds, vol. 3, page 36.

     Daniell Wicome of Rowley, carpenter, acknowledges the receipt from Jerimiah Elsworth of Rowley, his father-in-law, of 22li. 2s. 6d., which is the whole portion given to Mary his wife by her own father Hugh Smith. Signed and sealed Feb. 9, 1659, by Daniell Wickam. Witness. Richard Clarke, Nickolas Jackson.

     Acknowledged by the witnesses Feb. 14, 1666. Ipswich Deeds, vol. 3, page 23.