Daniel2 Terrell Will - 29 March 1727

Connecticut Probate Court (New Haven District), Volume 5, Pages 382-386 - LDS #5296

(See the original of will & inventory: PDF, 5.8 MB)

Ephraim & George Terrell the two Executors ^ nominated in the Last Will & Testament of Daniell Terrell late of Milford Disceased Exhibited into this Court sd Instrument to which the Witnesses who were sworn before Samuell Gunn of Milford Esqr justice of peace and by him Certefyed and was thereupon accepted as Provd in Court the sd Executors accepting the Trust the sd Will was aprovd for Recerd the sd Executors also Exhibited an Inventory of sd Diceaseds Estate which was also aproved for Recerd.

In the Name of God Amen the 29th day of March in the Year of [our] Lord 1727 I Daniell Terrell of Milford in the County of New Haven in his Majestys Collony of Connecticut in New England Husbandman being Sensable of my own Frailty & Mortallety being in my account this Month of the age of 67 years yet of Competent Understanding & Memory do Make and Ordain this My Last Wills & Testament. first I Recommend my Soul into the hands of God that gave it my Body to the Earth to be decently Buryd hopeing for Eternall Salvation by Jesus Christ. And as to my Worldly Estate I dispose of it in the following Manner I Give and Bequeath unto my Dearly Beloved Wife Abigail Terrell One Third part of all my Reall Estate in housing an Land, which I Stand Possessd of in my own Right at the Time of my discease to be fore her Improvement Only the Time of her Naturall Life Keeping them in Lawfull Repair and Moveover She shall have out of my personall Estate Sixty Pounds such as She shall have Liberty to Choose as may be Convenient for her to be payd in due time by any Executor hereafter mentioned to be wholly at her own dispose forever: I Give to my Only ^ naturall Daughter Abigail Terrell two hundred pound part of which Sume Shall be one Third part of my Dwelling House with Covenient Comeings in and goeing out and Liberty of using part of the Well of Water her portion to be Reserved in the Hands of my Executors for her Benefit allowing her ten pound a year yearly if She desire it till the full portion be payd but if she be Came to be a Lawfull Maryd Wife, she shall then speedely have her full portion to be at her own dispose forever that my Inherritance be Equally Divided among my five Naturall Sons I Would have the perticuler orders and Directions hereafter Mentioned Observed I Would have the Lands Apprizd by men Under Oath distinct or apart from the Houseing thereon and then the Houseing on that Land I stood possed of ^ in my Own Right at my discease to be distributed as if it were as if it were [sic] part of my personall Estate or Moveable goods and as for my Right in the Common or or [sic] Undevided Land in sd Milford my five sons shall have Equall shares in them and whereas my Eldest son Daniel Terrell hath formerly had Considerable Lands and Meadow in a deed dated June 5th 1717 & would have all these Lands aprizd as if it were part of my Inheritances: apprizd as distinct from the Dwelling house orchard & well of Water therein what I have done towards building his house orchard and Well I freely give to him my sd Eldest son as also what he stands Indebted on my book of accounts is freely given him and is his full portion as to my personall Estate or Buildings which is Computed ^as if it were personall Estate my said Eldest Son shall have added to what was formerly Given So much of my Lands as may be an Equill or fifth part thereof and no more: I Give to my Son Roger Terrell one Third part of my old Homstead in all parts houseing and Land therein I Give to my Son Ephraim Terrell two thirds of my lot at the Race the Northward side through out the Length of sd Lott and so much other land as may amount ^to an Equall or fifth part with his Brothers. ^ I Give to my Son George Terrell 1/3d part off my old Homstead in house[ing] & Land [illegible.] I Give to my son Job Terrell One Third part of my old Homstead Excepting the old House which is Given 1/3d of it to his Sister and So much more Son Job shall have of my Land as shall be an Equall or fifth part with his Brethern; My Son Ephraim Terrell Shall have my Dwelling House and Barn at the Race he paying to his Brethern Namely to Roger George & Job Terrell for what he hath more than an Equall part with them so that there may be an Equallety in their portions as to my Personall Estate nothing that is above Given shall be any hindearce to my Wife's Enjoyeing quietly her Third Bequeathd to her: Son Ephraim shall be abated Thirty pound in the price of the building at the Race for his labour formerly about them. Just debts to or from my Estate and all just Expenses to be Regulated by my Sons George Terrell and Ephraim Terrell who I make hole and sole Executors of this my Last Will & Testament for the full Confirmation of the above written I have set to my hand and seal the date above moreover I say what is given to my Sons it is to them and their heirs forever: publishd and declard to be his Last Will & Testament.

Daniell Terrel (seal)

Signd and seald in presence of
Us Wittnesses.
Ebenezar Baldwin
Nathaniell Camp
Charles Baldwin
Milford June 29th 1727 then and there personally appeard
Ebenezar Baldwin Nathaniell Camp and Charles Baldwin
and gave sollemn Oath that they saw Daniell Terrell
The Testator mentioned on the other side hereof Sign Seall

Publish and Declare sd Instrument to be his Last Will & Testament
On the 29th day of March Anno Domini 1727 and that he was of sound
Mind and Memory and they each of them signed as Witnesses in the
presence of the Testator Daniell Terrell

. . . . . . Sworn Before me
Samuele Gunn justice of the Peace

(There follows the Inventory of the Estate of Daniell Terrell totalling 3456.8s.8p. to be transcribed at a later date.)

Transcribed by Nancy Tyrrel Theodore, September 2009.