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Wills: John Leavitt, Deacon
from Scott's files...

Name: John Leavitt
(Leavitt: John1, PercivalA, PercivalB, WilliamC, RichardD, JohnE, WilliamF)

Born: 1608 prob Yorkshire ENG
Died: 20 Nov 1691; Hingham, Plymouth MA
Buried: Hingham MA
Parents: prob Percival & Margaret (Linkley) Leavitt of Beverly, Yorkshire ENG
Spouse: Sarah Gilman, d/o Edward & Mary (Clark) Gilman
Will dated: 30 Nov 1689; Hingham, Plymouth MA
Will proved: 27 Jan 1691/92; Boston, Suffolk MA
Source: Descendants of Josiah Leavitt and Margaret Johnson by Emily Leavitt Noyes (1949) vol. 3


In the name of God, Amen.

I, John Leavitt, of Hingham, in the County of Suffolk, in New England, Taylor, being in health of body and of perfect mind and memory, praised be God for the same, do make and declare this my last will and Testament, in manner and form, following:

First and Principally: I commit and command my soul unto the hands of Almighty God and my body to the earth, to be decently buried at the discreation of my Executor hereafter to be named, hoping for salvation both of soul and body, by the mercy of God in the merits of my Savior, Jesus Christ. And for, and concerning the dis-posing of my temporal Estate, I do give and bequeath it as follows: (to witt) My mind and will is that all my just debts, which I owe to any Person, or Persons, whatsoever, shall be first paid, and my funeral charges and Probate of my Will discharged out of my personal Estate by my Execitor hereafter named.

Item. I give and bequeath unto Sarah Leavitt, my well beloved wife all the rest of and residue and remainder of my Personal Estate, (to witt); all my moveable estate and all my household stuff, and all my other goods, chattel, and Chattels, whatsoever, for her own use and benefit, to dispose of them as she pleases. Item: I give and be-queath unto the said Sarah Leavitt my wife, after my decease, the uses of all the house and lands, meadows and commons which I now have, and am possessed of in the said Town ship of Hingham, either by gift or purchase, or that I shall be possessed of in the said township of Hingham, at the day of my death, for and during the term of her natural life, for her comfortable maintainance.

Item: I give and bequeath unto my grandchild, Samuel Judkins, the sum of fourteen pounds, to be paid unto him by my son, Josiah Leavitt, within one year after decease of the said, Sarah Leavitt, my wife, and to be paid in Country pay (viz) that which is the growth of the Country.

Item: My mind and will is that after the decease of the said Sarah Leavitt my wife, my above said whole estate of houses and lands, meadows and commons in said Hingham; And also what moveable estate that my said wife shall not have disposed of in her life time, shall then be valued and equally divided to my nine children, as to the quantity of my estate, (to witt) to my son Samucl Leavitt, Israel Leavitt, Moses Leavitt, Josiah Leavitt, Nehemiah Leavitt, and to my daughter, Sarah Howe, the wife of Samuel Howe, and my daughter Mary Bate, the wife of Benjamin Bate, and my daughter Hannah Loring, the wife of Joseph Loring, Abigail Leavitt, the wife of Israel Lazell, except the said fourteen pounds, before hereby bequeathed to the above said Samuel Judkins, which said fourteen pounds my mind is shall be deducted from the estate before division of the said estate and the rest of the estate then to be divided into nine parts as afore-said to be added to the estate of Josiah Leavitts ninth part for him to pay the said sum of fourteen pounds to the above said Samuel Judkins-but in case the said Judkins shall not live till the time of payment of the fourteen pounds, before mentioned, then my mind and Will is, that the said fourteen pounds shall be divided amongst my said children, as the rest of my estate is to be divided.

And whereas, 1 lent to my daugter Sarah How when she was a widow and called by the name of Sarah Clap, the sum of five pounds and ten shillings in money, my mind and will is that the said five pounds and ten shillings shall be reckoned and accounted to her as a part of her proportion of my estate, when estate shall come to be divided: -

And whereas the said estate being to be divided into nine parts will make my sons and daughters portion equal upon consideration of what I have done for, and given to my daughters upon their marriage, my mind and will is that my four daughters shall pay each of them, five pounds apeice, (which makes twenty pounds) to my grandchild John Leavitt, the son of my said son Israel Leavitt out of each of their ninth, parts of my estate, which said twenty pounds I do hereby give and bequeath to the said John Leavitt, to be paid to him by my said four daughters, in Country pay (viz) that which is the grouth of the Country after the said estate shall be divided and their parts set out to them, and they to pay the said twenty pounds to the said John Leavitt, each of them, their own part within six months after the decease of my said wife, and which of these two times shall come last.

And whereas it is said before, in this my will that iny said estate after the death of my said wife shall be divided into nine equal parts as the quantity of my estate-yet, nevertheless, my mind and will to settle some of my lands to two of my sons, as follows; that is to say, I do give and bequeath unto my son Israel Leavitt a good part of my Home land where he, the said Israel Leavitt now dwelleth, (to witt) from the River till it come within two rods of the Leanto, that join to the Eastward end of my Barn, as it now standeth, and to run across my land from the water next the lane to the land of Thomas Sayer, upon a square line, and to have all that my land from the said line to the River Eastward, both upland anti meadow as it is bounded with the line Northward, and with the land of Simon Burr and Thomas Sayer, Southward, and toward the West with the said cross line that is to be ten (troo's) rods to the Eastward of the said Leanto.

Item: I give and bequeath unto my son Israel Leavitt, a piece of my great Lot, lying on the Eastward side of the River, (to witt) all that piece of upland which he have fenced in, and have now in his occupation; and the piece of meadow joyning to it, which he now have cleared, (viz.) all the said land and meadow lying within the said fence: also I give unto the said Israel Leavitt another piece of land joining to the former piece of land, (to wit) all that piece of land in which he goeth to the former piece of land and meadow, as it is now bounded with the other piece of land before hereby given to him, toward the west with my pasture as it is now fenced towards the South and with the Swamp Land of my son Josiah Leavitt, toward the North, and with the Common land toward the East, upon condi-tion that he, the said Israel Leavitt, his heirs and assigners shall from time to time, and at all times forever set up and forever maintain a sufficient fence on the north side of the said piece of land between the said piece of land and Josiah Leavitt's Swamp Land; and the said Israel Leavitt shall not make any ways to his land through any other part of my great Lot, but shall keep within the bounds of his own land.

Item: I give and bequeath unto my son Israel Leavitt four of my shares of the Commons, (viz.) four shares of the undivided Lands in the said Township of Hingham, provided always, and it is my mind and will that when the estate shall be appraised after the death of my wife, that if the said Lands, Meadows and Commons last above mentioned and given to the said Israel Leavitt shall then be prized at more than the said Israel's ninth part of my estate shall come to, that the said Israel Leavitt shall pay the overplus of the value of the said land and Meadow, and Commons to the use of my children towards the making their parts of my estate, and when the said Lands and Commons shall be prized to the said Israel Leavitt, my mind and will is that the House on the Land that Israel now dwell (eth) upon, shall not be prized as my estate, not yet the labor he have bestowed on the other said pieces of land and Meadow in the Great Lot, on the Eastward of the River; But all the said Lands Meadows and Commons before named, and given in this my last will to the said Israel Leavitt, to be prized as my estate. All which said Lands, Meadows, and Commons, my mind and will is that my said son Israel Leavitt, immediately after the death of my, said wife shall have, and hold possess and enjoy, to him and his heirs and assigns forever, provided, he or they shall well and truly pay or cause to be paid the overplus of the value of the said Lands, Meadows and Commons, which shall be more than the ninth part of the said estate, (after the said fourteen pounds be taken out of it) to such of my children as it shall then be ordered for the making up of their part of the said estate. And if he or they shall not presently after the said lands, meadows, and Commons come into his or their hands make satisfaction for the overplus of the value of the said lands, meadows, and commons, to such of my children as it shall be due to be paid unto, that then such of my children shall have so much of the best of the said lands, meadows, and Commons hereby given to the said Israel Leavitt, as the said overplus shall come to, unless they can otherways agree: provided also that if the said lands, meadows, and commons hereby given to the said Israel Leavitt shall not amount to the ninth part of the said estate, after the said fourteen pounds be first dcducted from it, that then the said Israel Leavitt shall have his part made up out of the rest of the estate.

Item: I give and bequeath unto my said son Josiah Leavitt, after the death of my said wife, all my great Lot of land lying in said Hingham, containing fifteen acres of land, be it more or less (except) a part of said lot which I have formerly sold to the said Josiah Leavitt and also, except such parts and pieces of the said great lot, given and before mentioned in this my will to my said son Israel Leavitt, the said great lot my said Josiah Leavitt now dwelleth upon, and the said whole great lot is bounded with the river westward, and another River called Rocky Meadow River Southward and with the Common Lands Eastward, and Northward: and my mind and will is that my said son Josiah Leavitt, his heirs and assigns shall set up and forever maintain a sufficient fence on the Northward side of my pasture land between the said pasture land and the said piece of land now given to the said Israel Leavitt lying on the northward side of the said pasture: also, I give and bequeath unto my son Josiah Leavitt, four shares of the Commons, to Wit: four shares of the undivided lands in the said Township of Hingham, provided always, and it is my mind and will that said estate shall be prized after the death of my said wife, that if the said land and Commons above mentioned and given to the said Josiah Leavitt shall then be prized at more than Josiah's ninth part of my estate and the fourteen pounds added to it taken out of the whole before division for him to pay, the same Samuel Judkins shall come to, that then the said Josiah Leavitt shall pay thd overplus of the value of the said lands and Conimons to the rest of my children towards the making of their parts of the said estate: and when the said Lands and Commons shall be prized to the said Josiah Leavitt, my mind and will is that the Houses now standing upon the great Lot that Josiah Leavitt make use of and dwell in, shall not be prized as my estate, for they are his already, lie built them at his own cost and charge by my order and consent, but all the lands and Commons hereby given to him to be prized as my estate, all which said lands and Commons last above mentioned and given to the said Josiah Leavitt, my mind and will is that the said Josiah Leavitt, immediately after the decease of my said wife shall have, hold, possess and enjoy them to him and his heirs and assigns forever, provided he or they shall pay or cause to be paid the overplus of the value of the said Lands and Commons which shall be more than the ninth part of the said estate, and the said fourteen pounds added to it which shall be deducted out of the whole estate before division thereof for him to pay to the Samuel aforesaid.

To such of my children as it shall then be ordered, for the making up their part of the said estate. And if he or they shall not presently after the said lands and Commons come into his or their hands, make satisfaction for the overplus of the value of the said lands and Com-mons to such of my children as it shall be due to be paid unto, that then such of my children shall have so much of the best of said lands hereby given to the said Josiah Leavitt, as the overplus shall come to, unless he or they can otherwise agree: provided also that the said Josiah Leavitt, his heirs executors, administrators or assigns shall pay or cause to be paid unto the said Samuel Judkin the above said fourteen pounds which I have before given him in this my will in the same place and at the time before mentioned to be paid, which fourteen pounds is to be taken out of the whole estate before the division thereof and to be added to the said Josiah Leavitt's ninth part after the division is made to answer him, the said fourteen pounds that he is to pay to the Samuel Judkin as aforesaid, provided also that if the said lands and Commons hereby given to the said Josiah Leavitt upon the apprizal thereof shall not amount to a ninth part of the said estate, and the above said fourteen pounds also added to it, that he is to pay to the said Samuel Judkin, then he shall have his part made up out of the rest of the estate:-

And further, my mind and will is that when my said estate shall be divided what lands shall go to the rest of my children for their parts of my estate that each of them shall have, hold, possess and enjoy their several parts of such lands to them and their respective heirs and assigns forever, and further my mind and will is that after my lands and meadows that I have in said Hingham, be divided, what lands and Commons or meadows, shall fall to any of my children, if any of the children shall be so minded to sell their parts of such lands, meadows or Commons that then my said son Israel and Josiah Lcavitt, or either of them shall have their liberty for three years time to purchase or refuse such lands or meadows.

And further:-my mind and will is that if my said son Israel Leavitt shall at any time be minded to sell the said pieces of land and meadow that I have given to him in this my will, lying in the great Lot afore-said, that lie shall sell them to my son Josiah Leavitt if he will buy them and give the worth thereof. And I do hereby nominate and ap-point the above said Sarah Leavitt, my well beloved wife to be the sole executrix of this my last Will and Testament:-

Item: My mind and will is also my earnest desire that my well beloved friends, Daniel Cushing, Senior. Capt. John Smith, Capt. John Jacob, Lieutenant Mathew Cushing and Daniel Cushing Jr. would be helpful to the said Executrix, advise and after her decease I do fully hereby impower my said friends or so many of them as shall be then living to divide my estate and to order to every one of my children and grandchildren aforesaid their several parts and portions of my said estate, in said Hingham, according to this my will and according to their best discretion:-

And whereas, Capt. Joshua Hobart, Lieutenant John Smith and the said John Leavitt heretofore purchased a tract uf land fifteen miles square of the Indians which said tract of land is called the lndian Twunkec, lying and being beyond the town of Providence, and near the Narragansett Country in New England:

And having an eighth part of the said tract of land of fifteen miles square still in my hands and in my possession:-

And whereas, the said Capt. Joshua Hobart, and the Lieutenant John Smith and myself (did also purchase of the Indians another tract of land six miles square lying and being near to the former tract of land above mentioned, and is called by the name of Penycooke, and having a third part of the said tract of land of six miles square, still in my hand, and in my possession. I do hereby give and bequeath all my parts and proportions to the two said tracts of land, last above men-tioned, (to wit) all the estate, right, title and interest which I now have or ought to have of, in or to the said two tracts of land by virture of the Deed and evidence of conveyance, which we have from the Indians, unto my said nine children and two grandchildren, that is to say-to my said son Samuel Leavitt, my son lsrael Leavitt, and to my son Moses Leavitt, and to my son Josiah Leavitt, and to my son Nehemiah Leavitt, to my daughter, Mary Bate, and to my daughter Sarah How, and to my daughter Hannah Loring, and to my daughter Abigail Lazell, and to my said grandchild John Leavitt, the son of my said son Israel Leavitt and to my said grandchild Samuel Judkin, the above said eleven persons (to wit) my said nine children, my two grandchildren, the last above named to have all my right, title and interest of, in and to the said two tracts of land and to have every one of them, an equal share of them and to enter upon them after my decease:-

And to have, hold, possess and enjoy each of them one eleventh part of my part of all the said two tracts of land, to them and to their several and respective heirs and assigns, forever: -

And my mind and will is they shall at their own cols and charges divide my said parts of the said two tracts of land amongst themselves without any charge or trouble to my Executrix or overseers, and I do 'hereby revoke, renounce, frustrate and make void all and every testament and testaments, will and wills heretofore by me made and declared, either by word or writing and this only to be taken for my last will and testament, and none other.

Item: Upon consideration, I do give and bequeath unto Bathsheba Turner the wife of Joseph Turner, of Scituate, formerly the wife of my son John Leavitt deceased, the sum of twenty shillings in Country pay, (to wit) that which is of the grouth of the Country, to be paid by my Executrix, after my decease, out of my personal estate.

Memorandum: that the word (pounds) between the thirty seventh and thirty eight line in page the first, in this my will, and (several para-graphs of corrections which I eliminate hereof)

In witness whereof the above said John Leavitt have unto this my last will and Testament set my hand and seal:-the thirty day of November, Anno Domini, Sixteen hundred eighty nine, and in the first year of the reign of King William and Queen Mary, King and Queen of England, &c.

John Leavitt (and a seal)

Signed, sealed, published and declared by the above said John Leavitt to be his last Will and Testament in presence of us:

Mathew Cushing
Enoch Wilton
(the mark of)
Sarah Lobdell

Boston, January 27, 1691-2

Sarah Leavitt, the Executrix nominated in the will, presented the same for Probate; Mathew Cushing and Enoch Wilton, two of the subscribing witnesses, made oath in the County Court, that they were present, and did see John Leavitt sign and seal and heard him publish this instrument as his last Will and Testament, and that when he so did, he was of a disposing mind, their understanding.
Attest, Jos: Webb, Clerk.

A true copy as appears of Record,
Suffolk County Wills and deeds.


10 September 2000