In the name of God amen I Benjamin Shaw the Eldest of that name in
Taunton in the County of Bristol, in the province of the massachusetts Bay
In new England, Being well sensible of my mortallyty;—But of Reasonable
good health, and of sound mind and memory Through the goodness of the
Blessed God I do make this my last will and Testament, which is as followeth ;
ffirst I Give and bequeath my soul to God that gave it and Redeemed it with
the Blood of his son our Lord Jesus Christ ; Secondly I Give and bequeath my
Body to the Grave to be Decently buried, By my Executors Herein After
named, In hopes of A Joyfull Resurrection : And as for my outward or worldly
estate which God of his Goodness hath Given me, I give and Bequeath and
Dispose of as followeth; First I give and Bequeath to my Beloved wife hannah
Shaw, (after my honest Debts are pay.d and funeral Charges Defrayed) the
use and Benefit of the new End of my now Dwelling house, as also the use
of my Barn which are now in my Improvement, and the northward End of
that Lott where Thomas Caswell formerly Dwelt, viz so farr southward as to
the petition fence & the use of the orchard in said northward end; I Also
Give and Bequeath to my said wife, the Improvement of one third part of
Those Lands which I have herein after Given to my son,s Jonathan Shaw &
Ebenezar Shaw as also one quarter part of my moveable estate, I also Give to
my said Beloved wife Two Thirds of the Timber and wood that is on the Land
as I have herein After Given to my son Samuel Shaw ; A that those perticuler
which are Above Specified as Given to my Beloved wife is to be understood,
to be to and for my Beloved wife she Continuing my widow (I also Give and
bequeath to my beloved wife and to her Heirs and Assigns for Ever all the
Gold, and Silver, and paper mony, which shall be mine and in my house un
spent att the time of my Decease) Secondly I give and bequeath to my
son Benjamin Shaw and to his Heirs and Assigns for Ever viz, my wearing
Apparrell, as also all my Land on the southward side of the Great River in
said Taunton, and the house which I built for him, near Three mile River in
said Taunton, I also Give and bequeath to my son Benjamin Shaw and to
his heirs and Assigns for Ever The southward End of that Lott where Thomas
Caswell formerly Dwelt so farr northward as the petition fence; Also I give
to my son Benjamin as Aforesaid, all my Right in the Commons or unde-
vided Lands in said Taunton, as Also one quarter part of my Right in the saw
mill which stands on the Iron works River, as Also one quarter part of my
Right in the Cedar swamp as Also one quarter part of my out door moveable
Estate, After my wife hath Taken out her share as is Above expresed, These
I give to my son Benjamin Shaw and to his Heirs and Assigns for Ever, He
(or such as shall Legally Represent him) paying to his sister my Daughter
Susanna Shaw (or such as shall Legally Represent her) fifteen pounds att
the Time she Arive to the age of Eighteen years, or If she marry sooner,
then att the time of her marriage: Thirdly I give and Bequeath to my son
Samuel Shaw and to his Heirs and Assigns for ever, all my lands where his
house is built, and A peace of Land that Lyes on the north side of the way
that Goes over pale Brook to Rock plain, as also Another peice of Land that
Lyes on the south side of said way, And They lye on the East side of neck plain
plain (so called) Excepting Two Thirds of all the wood & Timber which is
on the Lands as I give to my son Samuel Shaw as Afore said, for Two Thirds
of said Timber and wood I give to my beloved wife she Continuing my widow,
and After my wife, I give said Two Thirds of wood to my Two sons, Jona
than Shaw and Ebenezar Shaw as is hereinafter Expresed; I also Give to my
son Samuel Shaw, one quarter part of my Right in the sawmill and one quarter
part of my Right in the Cedar swamp, and A quarter part of my out door
moveable estate, After my beloved wife hath Taken out her share as Afore
said, These I give to my son Samuel Shaw and to his heirs and Assigns for
ever (excepting the Timber & wood as before expresed) He (or such as shall
Legally Represent him) paying to his sister my Daughter Sarah Shaw or such as
shall Legally Represent her Thirty pounds when and so soon as she Arive to the
age of eighteen years, or before If she be married sooner, A farther Declaration
of my will is that my son Samuel shall If he think fit may Improve the old
orchard which was formerly John Caswels, as Also A strap of Lands Eight
Rods wide Joyning To Land of Benjamin Halls near my house: viz Eight Rods
wide att the Lane, and eight Rods wide att the Great River, said Samuel Shaw
to maintain that eight Rods of fence next to the high way Joyning to Benjamin
Halls Corner, And my son Samuel Shaw to Improve these Two pecis of Land
untill my son Ebenezar Shaw Arive to the age of Twenty, and one years If
my son Ebenezar Live so long, (or to the Time as he would Arive to that
age, If he should not) provided that my son Samuel Shaw shall not Turn
Creatures into these pecis of Land Except he be att the Charge to fence them
of from other Lands: Fourthly I give and bequath to my Two sons, Jonathan
Shaw & Ebenezar Shaw all my other Lands as I have not Desposed off : to them
and to their heirs and Assigns for ever After that they Arive to the age of
Twenty and one years as and in such order as is herein Exspresed viz, After
my son Jonathan Come to the age of Twenty and one years, he to have the
Improvement of Two Thirds of his half (excepting Thomas Caswels old orchard
.so Called) he that is my son Jonathan to have his half of that After his
mother my wife;—and his mother haveing the Improvemet of one Third of
my son Jonathan's part During her Continuance my widow, : and also I give
to my son Ebenezar Shaw and to his Heirs and Assigns for Ever, After he
Come of the age of Twenty and one years, The Improvement of Two Thirds
of the Rest of my Lands att home, (Except what I have given to my wife she
Continuing my widow, viz Thomas Caswels old orchard so Called,) and After
my wife my son Jonathan and my son Ebenezar Shaw, to have the whole of
my lands att home, viz all Excepting what I have herein Given to my sons,
Benjamin Shaw and Samuel Shaw as Afore said And After my wife, my
will is that my sons, Jonathan Shaw and Ebenezar Shaw & their heirs and
Assigns for Ever that they have The Two Thirds of The Timber and wood
that is on the Lands that I have herein given to my son Samuel Shaw as is
before Exspresed And that I give to my son Jonathan Shaw, one quarter of
my Right in the sawmill Above mentioned, and A quarter part of my Right in
the Cedar swamp, and A quarter part of my out door moveable Estate, these
I give to my sons, Jonathan Shaw ; and also to Ebenezar Shaw I give A
quarter part of my Right in the Afore said Sawmil, and A quarter part of
my Right in the Cedar swamp, and A quarter part of my out door moveable
Estate viz After their mother hath taken out her share as is Above expresed
viz my son Jonathan Shaw and such as shall Legally Represent him, paying to
his Sister my Daughter Abigail Shaw or such as shall Legally Represent her,
Thirty pounds when she Come to the age of Eighteen years, or If she marry
sooner then att the time of her marriage,—And my son Ebenezar Shaw to have
what I have willed to him as Aforesaid he or such as shall Legally Represent
him paying to his sister my Daughter Susanna Shaw or to such as shall
Represent her fifteen pounds when and so soon as shee Arive to the age of
Eighteen years, or when she shall marry, If she marry before she come to
that age ffifthly I give and bequeath, to my Daughter Hannah hathway and
to her Heirs and Assigns for Ever, one quarter part of my utentialls or house
hold goods, After the Decease of my wife, she viz my Daughter Hannah haveing
Already Received her full shear, as to A equall part with her sisters ; Sixthly
I Give and bequeath to my Daughter Sarah Shaw and to her Heirs and Assigns
for Ever, or such as shall Legally Represent her, Thirty pounds which I have
willed that my son Samuel Shaw or his Legall Representative should pay to
her as is Above Exspresed as also one quarter part of my utentials After the
Decease of her mother my wife; Seventhly I give and bequeath to my Daughter,
Abigail Shaw or such as shall Legally Represent Her and to their Heirs and
Assigns for Ever, Thirty pounds which I have willed that my son Jonathan
Shaw, or such as shall Legally Represent him, should pay to her As Afore
said, I Also Give to my Daughter Abigail Shaw one quarter part of my uten
tials After the Decease of her mother my wife or to her Legall Representatives;
Eighthly I give and Bequeath to my Daughter Susanna Shaw, and her Legall
P.epresentatives Thirty pounds, fifteen pounds I have ordered that my son
Benjamin Shaw or his Legall Representatives should pay her or such as
shall Legally Represent her, as is before expresed, and the other fifteen pounds
which I give to my Daughter Susanna Shaw I have ordered and will.d that
my son Ebenezar Shaw (or such as shall Legally Represent him) should pay
her or to such as shall Legally Represent her att such Time as is before
Expresed; ninthly, I do by these presents Declare that my will is that In Case
any of my sons should Dye or Decease, & Leave no Children as Heirs Hon-
nestly Begotton of their own Bodys, and Those Lands, which I have Herein
Given to them not Disposed of by them in their Life Time ; In Every such
Case the surviving Brethren and such as shall Represent them, shall be equall
shareors in those Lands, which I gave to them ; or in Case any of my Daugh
ters should Decease, and Leave no Children Born of them and also surviveing;
in Every such Case the Liveing sisters my Daughters or such as shall Legally
Represent them; (They in their live time not haveing otherways Disposed of
that which I gave to them) In every such Case the Liveing of my Daughters
and their Legal Representatives shall be Equall sharers in those goods and
Legacies which I gave Amongst my Daughters, Tenthly and Lastly I do by
these presents nominate and Appoint my True and Loveing wife Hannah Shaw
and my Eldest son Benjamin Shaw to be my Joynt Executors of this my Last
will and Testament, whom I order and Appoint to pay all my honnest Debts, and
whom I also Impower to Receive all that is honnestly Due to me, and in
Testemony that this is my Last will and Testament, I do Revoke and make void
and null all other Conveyances whatsoever, And as A farther Testemony that
this is my Last will and Testament, I Benjamin Shaw Do and hath hereunto
sett my hand and seall This seventh day of march in the year of our Lord
Christ Seventeen hundred and nineteen twenty and in the sixth year of The
Reign of our sovereign Lord George by the Grace of God of Great Brittain
france & Ireland King Defender of the faith memorandom These Enterlines
were Allowed and Entered Before signing and sealing as in line: 1: (Amen)
& in Line: 28 in the margent (two) and in Line: 57: The end of the Left
hand is blotted and These words are enterlined (utentials or household goods)
and in Line: 73: (and Legacies) also allow,d: before signing & sealing and
in Line: 33: (may) Line: 40: (in)
Signed Sealed and Declared
To be The Last will and Testament
of Benjamin Shaw senor in the presence
of these wittness
Benjamin Shaw
Seal
Stephen Leonard
Ebenezer Robinson
Thomas Leonard Junior
Allowed July 10, 1723