Probate records of the province of New Hampshire, vol. 1, 1635-1717, New Hampshire Wills, pp. 312-316
JOHN HEARD 1687 DOVER
In the name of god amen, the second day of Aprill in ye year of our Lord one thousand six hundred Eighty Seaven: I John heard of dover in ye provinc of Newhampshir * * *
3 It I doe give unto my son Benjamen heard: the forty acers of Land where he Liveth and Is posesed of to him his heirs Executors Adminestrators & Assigns according to the Right & tittle I have to the Sd Land by vertue of the towne grant or otherwais
4: It I doe give to my three daughters Mary ham, & Abigall Jons & Elizabeth Newte: to each one of them: a heiffer of two years old or upward to be delivered to each of them or their order within ten daies after my deseace -
5: It I give to my son trustrom heard the one half of ye hundred acers of Land which was granted me by ye town & Layed out by william wintworth Ralfe hall & John hall to him & his heirs Executors adminestrators, & assignes for ever & one Lott of the two Lots which I have in Cochecha marshes -
6: It I doe give to my son Samuel heard two steears betwen on & two years old to be delivered to him or his order within ten days After my deseac-
7: It I give to my daughter dorcas heard ye thirty acers of Land which I bought of Joseph saunders as by his bill of saill dated the twenty fourth of october 1669 situate neare Cochecho: to her, her heires Executors adminestrators or Assignes for ever = & allsoe I give hur the fether bed & bedsteed with the bolsters & pillers Rugg blankets & what doth belong to it which is now Called by the name of dorcase bed = & two Cowes to be delivered to her or to her order: in ten days After my decease, & ye decease of hur mother
8: It I give unto my prentice John walldron, Iff hee doe faithfully serve his time according to his Indenture: one Cow to be delivered him-
9: It I give to my well beloved wiff Elizabeth heard for Love & Efection I doe owe & bear to hur, & for her Comfortable maintenance ye use & profit one halff of my plantation (Joyntly with my Executor) as it is now Improved duering her naturall Liff & allso ye halfe of ye Stock both without dors & with in dores duering her Life, & ye Liberty to despose of ye one halfe of ye Increase Leveing the Stock of quick stuff as shee shall find it & as for ye on halfe of the wollen Linen bedding brass & puter shee to have ye Liberty to despose as shee shall see good.
10 It I doe make & ordain my son Nathaniel heard to by my heire, & Executor of all my Estatt which is not formerly by this my will ordred & disposed of; to him his heirs Executors adminestrators & assignes for ever (all wais provided any thing in this my will to ye Contrary nothwithstanding) that is If my Sd Executor Nathaniel heard, doe hapen to dy & not being married that then my will is that Lands shall returned to my sons Samuel & trustrom heard Equally betwen them & to their heirs & or assignes forever, & the moveables to be Equally devided betwen my four daughters mary ham Abigall Jons Elizabeth Nute & dorcas heard but If my son Nathaniel doe hapen to mary and have no Isue Lawfully begotten, but shall Leave A widoe or Relique behind him, my will is that his sd wedow shall Enjoy ye whole Estat which he shall be possesed of:
duering her widdohud but If shee hapen to mary shee shall have but ye on third part of ye Lands, & the other two thirds to Return to my saied sons samuel & trustrom: & After her deseace her one third part shall be to them allsoe
Signed Sealed & delivered the mark of
In ye presence of us John X heard [Seall]
Richard waldron
Abraham lee
John Evens
[Recorded 1692.]
[Deeds, vol. 5, p. 86.]
[Release by Samuel Heard of Dover of all claim against the estate, Jan. 24, 1688/9, for two steers left to him in the will; witnesses, Thomas Downs and John Davis.]
[Deeds, vol. 5, p. 88.]
[Release by John Ham of Dover, in behalf of his wife, Mary Ham, of all claim against the estate of her father, John Heard, Jan. 24, 1688/9, for one heifer left to her in his will; witnesses, John Davis and John Hayes.]
[Deeds, vol. 5, p. 88]
[Release by Jenkin Jones of Dover, in behalf of his wife, Abigail Jones, of all claim against the estate of her father, John Heard, Jan. 24, 1688/9, for one heifer left to her in the will; witnesses, John Davis and Thomas Downs.]
[Deeds, vol. 5, p. 89.]
[Release by James Nute, Jr. of Dover, in behalf of his wife, Elizabeth Nute, of all claim against the estate of her father, John Heard, Jan. 24, 1688/9, for one heifer left to her in the will; witnesses, Richard Otis and John Evans.]
[Deeds, vol. 5, p. 89]
[Release by Benjamin Heard of Dover of all claim against the estate, March 12, 1688/9, in consideration of the receipt of all his father's clothes, both woolen and linen; witnesses, Samuel Heard and John Ham.]
[Deeds, vol. 5, p. 89.]
Att a Court of Probate * * * 28th October 1701
Tristram Hird appeared and desired that the Estate of John Hird his father decd might be Settled according to Law, his said father dying Intestate as he thinks /
Elizabeth Hird [widow] and Relict of John Hird aforesaid appeared and Leaves all her Right of Said Estate to the Management of the Honourable the Lieut Governour
Sarah Hird daughter in Law to the Said decd alsoe appeared and desired that the Lieut Governr would be pleased to Settle the Said Estate amongst those to whome it properly belonged to.
Lieut Governour told them he would Consider of what had been Said and desired;
[Probate Records, vol. 4, p. 28.]
Att a Court of Probate * * * 4th Sept 1702
Tristram Hird moved to His Honr the Lieut Governr by his Attorneyes mr Jabiz Ring and mr Thomas Manning that the Said Hird might have Letters of Adminstration Granted to him Of his late father John Hird decd his Estate /
The Lieut Governr was please to Answer that as there was a will formerly made by the Said John Hird, and was Endeavoured to be proved in Sr Edmund Andrews time, but all the Wittnesses being Suddenly cutt off by the Indians Said Will was never legally proved, and the Execr mentioned in Said will had taken the Estate into his hands, and he being Sometime since deceased the widdow of Said Executor mentioned in Said will, hath possest the Estate and Enjoyed the same to this time, therefor he thinks it Not proper to Grant Letters of Administration to Said Tristram Hird in any
other manner, but as de Bonis Non Cum Testamento Annexo:
[Probate Records, vol. 4, p. 39.]
[Petition of Tristram Heard, March 7, 1703/4, for administration on the estate of his father, John Heard of Cocheco, he being the only son living, and his mother having renounced administration.
Ordered that Sarah Heard, formerly widow of John Heard, be cited.]
As to Tristram Heard or his mother's praying the Administration upon the estate of Jno Heard Decd -
I Sarah Fors late wife of Nathl Heard Decd, Say that ye Estate of Jno Heard is already Distributed according to his Will wch will is allowed by the Last Honrable Judge of probate of Wills as appears on Record, Soe yt theres noe need of Administration, if any part of ye Sd Estate, belonging to the Sd Tristram Heard or his mother is withheld from ym the Law is open for their Recovery of it out of those hands in whose tis Found -
William Foste
Sarah fors
[Endorsed] Wm ffost and Sarah his wife their reasons why Tristram Hird ought not to Administer 1705
Att a Court of probate * * * the Second day of October 1705 Elizabeth Hird widdow of John Hird formerly of Cochecha yeoman deceased, and Tristram Hird, Sonn of the Said John Hird; appeared at this Court, and Moved to the Judge to have Letters of Administration granted him of the Estate of the Said John Hird, /
William ffoss and Sarah his wife, formerly the widow of Nathaniel Hird, Brother to the Said Tristram Hird, Sonn of the Said John Hird, and gave in their Reasons in writeing why Elizabeth Hird, and Tristram Hird ought not to Administer which Reasons are as followeth in haec Verba Sequen./
As to Tristram Hird or his mother praying Administration Upon the estate of John Hird decd Sarah ffoss late wife of Nathaniel Hird deceased Say: that the Estate of John Hird is already distributed according to his will, which will is Allowed by the last Honrble Judge of probates of Wills as appears on Record Soe that there is noe need of Administration; if any part of gthe Said Estate belonging to the Said Tristram Hird, or his mother is with held from them, the Law is open for their Recovery of it out of those hands in whose it is found.
[Administration not granted.]
[Probate Records, vol. 4, p. 69.]
[Bond of Tristram Heard of Cocheco, Yeoman, July 2, 1706, in the sum of £200, for the guardianship of John Heard, son of Samuel Heard of Cocheco; witnesses, N. Follett and John Tuttle.]