Person:Benjamin Pierce (9)

Will of Benjamin Pierce of Scituate

In the name of God Amen. This fourth day of November Anno Domini, One Thousand Seven hundred and twenty nine. In the third year of his Majesties Reign, &c.

I, Benjamin Pierce of Scituate in ye County of Plymouth in New England, Gent. being of sound mind, and memory (Blessed be God for it) Do make and ordain this my last will and testament in manner and form following, viz.

First of all I commend my soul to God that give it and my body to decent Burial at the Discretion of my executor hereafter named. And as touching my wordly Estate which God hath allowed me. All my just debts and funeral charges being first and fully paid, I give devise and dispose of ye same in manner and form following viz.

Imprimis. I give and bequeath unto my beloved wife Elizabeth Pierce all that estate or goods which she brought to me in marriage which shall remain att my Decease. I also give to my wife thirty pounds in Bills of Credit or in Goods equivalent thereto in value, as by covenant agreed upon before marriage. I also give her a cow and its keeping winter and summer to be done and performed by my son Elisha one of my Executors. I also give unto my wife five pounds in Bills of Credit or other pay equivalent to be paid to her yearly and every year during her natural life after my decease to be paid by ye aforesaid Executor.

Now in case she quits all claim to the thirty pounds above mentioned I give her for her use as long a she shall remain my widow ye particulars hereafter mentioned viz. I give her use of that room in my house wherein we now dwell together with all the furniture thereunto belonging - Except ye Trundle bed my Chest - the Doggs of Iron ye fire shovels and tongs and my small box - I also give her convenient cellar room likewise all the meat and corn and such like provisions as shall be in store for the subsistence of my Family att my Decease, also five bushels of Indian corn and two bushels of Rye to be paid to her yearly, and five cords of good burning solid wood for Fuel to be brought to her door every year so long as she continues to dwell in the Room afore allowed her. I also give her out of my orchard as many apples as she shall need in the summer and about six bushels for winter. I also give her one hundred weight of good Pork and a quarter of Beef yearly and a convenient horse to ride to meeting on, all which are to be paid and performed by my son Elisha, one of the Executors. Furthermore I give my wife freely my little irish spinning wheel to dispose of as she pleaseth.

Item. I give to my son Benjamin all that Estate of Housings and Lands whereon he now dwells and the meadows thereunto belonging which said Estate I have already given him by Deed, as also one lot of land containing ten acres called meeting House which I took up in said Benjas Right provided the said Benja does pay or cause to be paid out of the sixty pounds in the aforesaid deed conditioned to be paid by him the sum of twenty-five pounds in manner and form following viz. Fifteen pounds to my son Ebenezer within one year after my decease. Five pounds to my son Jeremiah within two years after my Decease, and five pounds to my Daughter Jerusha Bailey within three years after my Deceases all which payments to be made in Bills of Credit or Goods equal in value.

Item. I give to my son Ebenezer one hundred and ten pounds in specie as aforesaid over and above what Estate I have already given him. Fifteen pounds to be paid by Benjamin as aforesaid and the remainder being ninety five Pounds to be paid by my son Elisha one of my executors in four several yearly purportional payments after my decease.

I give to my son Ebenezer all my wearing clothes.

Item. I give to my son Caleb Pierce over and above what I have already given him fifty Pounds to be paid to him by son Thomas. Thirty Pounds to be paid in a year after my decease and the other twenty in two years.

Item. I give to my son Thomas all my lands lying on each side of the way where his house stands also three acres and a quarter of salt meadow lying near ye widow Lincoln also two acres more of salt meadow lying on the southerly side of farm neck so called which I bought Will and Jonathan Pierce, he yealding and paying the Fifty Pounds aforesaid to my son Caleb, and Thirty Pounds to my daughter Jerusha Bailey. Mind ye 50 pounds are to be paid in three several yearly proportional payments and ye Thirty to be paid thus Fifteen within a year and ye other Fifteen at ye end of two years after my decease. Mind I give all ye land and meadow mentioned in ye article to my son Thomas his heirs executors and assigns forever.

Item. I give to my son Jeremiah two thirds of ye lands I have not already disposed of lying in ye beech woods joining to ye patent line at a place known by ye name of Mt. Hope, also ye other two acres Will and John Pierce which salt meadow mind I give it to him his heirs and assigns forever. Moreover I give to my son Jeremiah Twenty Pounds to be paid in four yearly proportional payments by my son Elisha one of my Executors.

Item. I give to my son Elisha all my Estate of Housings and Lands and meadows and all my other estates both real and personal of every sort and kind whatsoever and wheresoever lying in either Scituate or elsewhere that is not otherwise hereby devised and disposed of. He the said Elisha paying and performing all ye several duties, services and legacies above and beneath required of him. Mind I give them to him his heirs, executors and assigns forever.

Item. I give to my Daughter Jerusha Bailey Ninety Five Pounds besides what I formerly gave her. Thirty pounds to be paid by Thomas and five by Benjamin as above mentioned and the other sixty to be paid by my Son Elisha in four yearly proportionate payments after my Decease.

Item. I give to my grandson Benjamin Pierce ye eldest son of my son Ebenezer ten pounds to be paid in Bills of Credit or Goods equal in value by my son Elisha aforesaid when he shall be arrived to ye age of twenty and one years. But in case ye said Benjamin should die before that time then the said ten pounds to be paid in equal proportion among his Brethren and Sisters.

Item. I give to my Grandsons Benjamin and Ebenezer Bailey a certain firelock they now have in custody or the value of it in Bills of Credit to be paid by my son Elisha if he should see fit to take the firelock to himself.

Item. I give to my Grandson Benjamin Pierce son of my son Benjamin a certain firelock which his father hath in custody.

Lastly. I do hereby nominate and appoint my two Sons Thomas and Elisha Pierce to be ye sole executors to this my last will and testament.

In witness whereof I have hereunto set my hand and Seal the day and year first above written.

Benjamin Peirce [SEAL]

Signed sealed pronounced by said Benjamin Peirce to be his last will and testament in presence of us.

Witnesses Ephraim Little, Nathl. Ells, Jr., Kezia Peny

October ye 13th, 1730

The above named Ephraim Little, Nathaniel Ells, Jr. and Kezia Peny made oaths that they saw the above named Benjamin Peirce sign seal and declare the above and within written to be his last will and testament and that they are the same time in ye presence of ye said testator set to their hands as witnesses and that according to ye best of there observation he was of a sound and disposing mind and memory before Isaac Winslow Judge of Probate.

No citation given for repository of this will other than mention of Judge of Probate, Isaac Winslow.

1. ↑ ^{1.0 1.1 1.2} Pierce, Frederick Clifton. Pierce genealogy. : being the record of the posterity of Capt. Michael, John and Capt. William Pierce, who came to this country from England. (Albany, N.Y.: Published for the author by J. Munsell's Sons,  Weed, Parsons & Co.), 1889)
   IV page 36.

   ...Will of Benjamin Pierce. - In the name of God Amen. This fourth day of November Anno Domini, One Thousand Seven hundred and twenty nine......
   
   He [Benjamin Pierce] d. in 1730; his will being probated Oct. 15, of that year...