Agreement of Heirs of Mary Earle
[Warwick, R.I., Land Evidences, 7:434]
"we John Earle of Kingstown in the County of Kings County in the Colony of Rhode Island &c. house carpenter Daniel Earle of Tivertown in the Province of the Massachusets in the County of Bristol Yeoman, Benjamin Earle Rebecca Earle Single Woman George Westgate and Elisabeth his Wife all of Warwick in the County of Providence in the Colony of Rhode Island afore Said in New England ... all Sons Daughters, and Son in Law of Mrs. Mary Earle, late of Tiver Town afore Said now of Warwick afore Said Widow. And Whereas our MOther the Said Mary Earle, had by the Last Will and Testament of her Father Mr. Danil Wilcocks late of Tivertown aforesd Given to her a Legacy in Lands to her During her life and after her deceased to be to her children Lawfully begotten of her Body as by the Said Will may More fully appear refferenc thereunto being had; And to hinder all Disputes and controversies that may in any wise arise in the Law amongst us for the future concerning the same have Lovingly and Unanimously agreed as followeth that is to say that we ... equal Division and Partition make amongst us ... of all the Lands which was Given to our Honoured Mother by our Said Grand Father the Said Daniel Wilcock in Last Will and Testament lying in the Said Tivertown afore Said and that it Shall be equally Divided amongst us ... after the Decease of our Mother the said Mary Earle afore Said notwithstanding the Law of Surviver Ship and that is Shall be Lawful for us ... to Sell give and Devise his and their parts of all the Said Lands or the Reverssion thereof as fully and amply in the Law as though we had the Immediate possession of the Same and to the True performance of the above Written agreement and every article therein contained we Bind ourselves ... to each other for the whole and in the whole in the Penal Sum of £1000 current money, ...
The agreement was signed by John Earle (by a mark), Daniel Earle (by a mark), Benjamin Earle, Mary Earle, Rebecca Earle, George Westgate, and Elisabeth Westgate. It was dated 3 March 1731/2, and witnessed by Resolved Waterman, Josiah Hart, Roger Corey (by a mark), and Freelove Dring. It was acknowledged by Daniel Earle, Benjamin Earle, Mary Earle, Rebecca Earle, George Westgate and Elizabeth Westgate, at Warwick, R. I., on 13 March, 1731/2, and by John Earle on 9 June 1735, all before John Wickes, Assistant. It was recorded 14 March, 1749.