Last Will and Testament of John Tuttle, who was Town Clerk of Dover from 1694 to 1717; Captain of the Dover MIlitary Company from 1692 to 1704; Member of the Provincial Assembly, and Judge of his Magesty's Court of C. C. Pleas. ----Judge Tuttle was the only son who left descendants, of John Tuttle, the first settler. Several tracts of land, devised in this will, descended to the testator, from his father, who died intestate in 1663. These tracts of land have continued to this day in the uninterrupted possession of his descendants bearing his name.
Judge Tuttle died in 1720, leaving several large tracts of land not disposed of in his will, (proabably purchased after the will was made) which descended and was divided among his heirs at law. This will is copied from the original on file at the Exeter Probate Office.
In the Name and Feare of God. Amen.
I John Tuttle of the Town of Dover, in the Province of New Hampshire, In New England, Being aged and Weak of body but of Perfect Memory and of a Sound, Disposed Mind, doe make this to be my Last Will and Testiment, in Manner and Form as Followeth:
First. I give and Recommnd my Immortal Soul to God that gave it me, and my Body to the Dust to have a Christian Burial at the Discretion of my Executors herein after Mentioned; and after my Funeral Charges are Defrayed, my just and honest debts are pad, I will, Demise and Dispose all my Worldly Estate which God has Bless me with. In Manner and Form as Followeth. viz.:
Imprimis. I give and Bequeth to my Son Ebenezer Tuttle, Sixty Acres of Land Lying at Indigoe Hill, Together with all that which is my Wright att the Middle Fall, Lying Between Two Mills on the West Side of Salmon Fall River.
Item. I Give and Bequeth to my two Grandsons, viz.: That is, Thomas Tuttle and John Tuttle, all my Lands, Flatts, Creaks, and Marshes which I am now in Possession of, Lying on the west Side of Back River, ajacent to the three Creaks, to be divided by a Cart Way, which I have Stated to be the Dividing Line, between each other, Running up from the South side of the Middle Point, the usual Place of Landing, and soe up to the Barrs, the South Point of the fence, and soe up to the House where Thomas must draw a fence of Twenty foot against the House, and from thence a Way through to the Head of the Lands.
Item. All my Lands, Creaks, Flatts and Meadows Lying on the North Side of the Cart Way and soe down to the Creak's mouth I give and Bequeth unto my Grandson, Thomas Tuttle, to be held by him and his heirs forever, after the Decease of myself, John Tuttle. And he yielding and and Paying to his two Sisters the sum of Twenty Pounds; That is, ten Pounds apiece. In four years after he is in Possession of it.
Item. He alsoe giveing a Qutt Claim to John Hayes, and Peter Hayes for that Part which Lyes on the North Side of the Tolling Fall which was Sold by myself and his mother, the said Hayes.
Item. All my Lands which Lyes on the South Side of the Aforesaid Cart Way Down to the Creak's Mouth, I give and Bequeath unto my Grandson, John Tuttle, to be had and held by him and his heirs forever, as soon as his Grandmother deceases, and not Before, yielding and Paying Twenty Pounds in four years after he is Possessed of the premises to his two sisters, that is, Ten Pounds to each sister.
Item. I give to my Grandson Nicholas Tuttle all my Lands on the East Side of Dover Neck. Lying and Being between Leftenant Beard's Land and Nutter's, and the High Street on the West and the River on the East. Together with 2 shares in Ox Pasture on the Point Swamp, to be had and held by him and his Heirs forever, after the Decease of his Granmother, and not before, he Paying Twenty Pounds to his two sisters, in four years after his is possessed of it, that is, ten Pounds to Each Sister
Item. I give and Bequeth unto my Grandson, Elijah Tuttle, all my Land which Lyes on the North Side of Thomas Roberts, Fronting the Road which leads to Cochecha, Bounded with Thomas Roberts's Land on the North of the Land that Runs down to the Creak on the South Side. And more, Fifty Acres of Land at Salmon Falls, together with half a quarter part of the Mill standing on the West side of Salmon Falls, to be had and held by him and his Heirs forever, immediately after the Decease of his Grandmother, and not before, he yielding and Paying to his sister Phebe, the sum of Thirty Pounds in four years after he is Possessed of the Premises.
Item. I give and Bequeath to Mary Tuttle, my well Beloved Wife, as being my Sole Executrix of this my Last Will and Testament, the use and Benefit and yearly Profitts of my Dwelling house, Barn, Orchard and Lands on Dover Neck, Lying between Nutter's Land and Hilton's Point, together with the use and improvement of the yearly Profitts of my Land, Marshes and Thatch Ground, which I have Reserved to her use, Lying on the South Side of the the three Creaks; and alsoe the yearly Profits of my part of the Saw Mill on the West Side of Salmon Falls, and all my Moveable Goods, Quick Stock, Ready Money, Bills, Bonds, Dues, Debts, and Demands whatsoever, in any ways appertaining to me, in whose hands soever they may be found: In the use and Improvement of all and singular of the Premises herein mentioned shall be att the whole and sole Disposal of Mary Tuttle, my well Beloved wife for her future comfort and well Being, and for and During her Widowhood after my Decease; and att her marriage or Decease to Return then to those as this my last Will and Testament s herein mentioned.
Item. I doe further Give unto my son Ebenezer Tuttle, my Dwelling House, Barn, Orchards, and the Land belonging thereunto, with three shares in the Ox Pasture in Hilton's Point Swamp, to be had and held by him and his heirs forever after the Decease of his Mother Mary Tuttle, and not before, yielding and Paying to his sister, Mary Wallingford, the sum of five Pounds in one year after he comes to be Possessed of the Land: and in Provisoe, he should Dye without marriage or not having any male heir lawfully begotten of his Body, then to Return to my Grandson, Nicholas Tuttle, to him and his heirs, whom I have settled on my Land on Dover Neck; and if any son of Ebenezer Tuttle should have Daughters Lawfully begotten of his Body, and no male heir, then the said Nicholas Tuttle to Pay them a Portion as any Trustee or Judge of Probate shall think fit, if they cannot agree, such Legacies no exceding the third Part, giving him time to Pay it in.
Item. I will, Demise and Bequenth, all my Personal Estate, that is my Household Goods, Chattels, Bills, Bonds, Debts, Dues, which art to be dmanded after the Decease of my well Beloved wife, and not before, to my Three Daughters, equally to be Divied between them.
And to this my Last Will and Testament I doe appoint and Constitute my well beloved wife, Mary Tuttle, as my Executrix, to be the sole Manager during her natural life, of my Estate mentioned in this my Last Will and Testament, and att eh Decease of my said wife I doe Constitute and Appoint, Lieut Tristam Heard, and Capt Francis Mathews, to then to be Executors and Managers of the Estates of this my last Will herein mentioned, and the Estates Paying them for their Trouble; and to see that my wife, Mary Tuttle, has Christian Burial, which charge is to be defrayed out of the moveable Goods, as Money, Bills, Bonds, Chattels, and household Goods, and then what is left to be Equally by my Executors, afore mentioned, amongst my Three Daughtes, reserving to themselves fifty shillings apiece for their Trouble.
I doe also Appoint them to be the Trustees of my Grand Children that shall not be att Age att the Death of their Grandmother, to take the Estates mentioned in this my Will, and Improve it to the best of their Advantage, till they come to ye Age of Twenty One Years, and then to Deliver to them the Possession of their Estates together with the Profitts, only Paying themsoelves for their Trouble.
Finally, I do Revoke, Disannul and Disallow of all other former Wills made by me whatsoever; and doe Sign, Seal and Deliver and Publish this to be my Last Will and Testament, Irrevocably.
In Witness hereof I have hereunto set my hand and seal, this Twenty Eight Day of December, in the year of our Loard God, One Thousand Seven Hundred and Seventeen: In the Fourth Year of the Reign of our Sovereign Loard, George, By the Grace of God, of Great Brittain, &c., King, Defender of the Faith.
JOHN TUTTLE. [SEAL]
Signed, Sealed, Published and Delivered in the Presence of us Witnesses, Thomas Tebbetts, John Hall, Ephraim Tebbets, Thomas Alden, Province of New Hampshire.