Robert Proctor over at AmericanAncestors.org.:
|Middlesex County, MA: Probate File Papers, 1648-1871.Online database. AmericanAncestors.org. New England Historic Genealogical Society, 2014. (From records supplied by the Massachusetts Supreme Judicial Court Archives.) Case 18219 p1|
|Middlesex County, MA: Probate File Papers, 1648-1871.Online database. AmericanAncestors.org. New England Historic Genealogical Society, 2014. (From records supplied by the Massachusetts Supreme Judicial Court Archives.) Case 18219 p2|
I found a transcription in a Proctor family genealogy written by William Lawrence Proctor and Dolly Pauline Howard Proctor:
WILL OF ROBERT PROCTOR.
In the Name of God, Amen—I Robert Proctor of the Town of Chelmsford in the County of Middlx within his Magtys Province of the Massachussetts Bay in New England being at This present Time of good memory & Sound judgmt thro ye mercy of God, Do make & ordaine This my last Will & Testamt, In manner following.
Impr. My Will is yt wt Debts I owe to prson shall be discharged & payd by my Executors hereafter named before any Legaeys are paid out of my Estate.
It. I will yt my Sons amongst whome I have Disposed of my lands shall beare the charges of ye Funerall of myself & Deare wife.
It. It is my will yt the severrall parcels of land wch I have Disposed to my beloved Sons by Deeds of the Same to ym given viz—: To my Son Gershom Proctor, to my Son Peter Proctor, to my Son James Proctor. to my Son John Proctor, to my Son Samuell Proctor & To my Son Israell Proctor, shall stand & remaine firm & yt no advantage in Law shall be Taken by ye or any of ye one agnt the other. In case any circumstantiall Errour in the Severall Deeds & Instruments of conveighance should appeare and yt wt Lands. Medows, Houses &v air conveighed to my above named Sons shall be & are theire severall proportions of my estate of Inheritance & that my sd Sons or any one of Them shall not have power & liberty upon any pretence wt soever to Challenge Demand any more of & In my Estate either real or personal & It is my will, Earnest Desire & charge of my Beloved Sons live together peaceably & yt they fall not out or Contend about the Disposall off my lands as is above mentioned according to my Conscience & best Judgmt in ye matter made & ordered.
It My will is yt In case my Beloved Son Thomas Proctor live & return from Sea to New England yt he shall possess & Injoy for himselfe. Heyres & assignes forever all my Remaining lands & medows in Chelmsford not disposed to my other Sons wch I give to him absolutely wth all the priveledges of Highways & other conveniences, as I have granted to my other Sons in yr Deeds. But if my Son Thomas Proctor should not live & Return to New England it is then my Will That the land & medow as above shall be for the use Improvemt & Benefit off my wife Jane. during her naturall life & yt is my will yt my wife Jane, shall sell the sd land & medow to those my Sons yt have land adjoining to it, In case they Desire to purchase it at a valuable price & Consideration, and moreover it is my will yet my wife Jane shall pay out to my Beloved Daughters viz—Dorothy Barrett & Elizabeth Proctor two Thirds of the money or vallue of sd land ( being sold as above) the same to be equally divided between sd Daughters & that my wife shall pay the remainlng Third part of the vallued price of sd lands unto my Beloved Daughter, Sarah Chamberlin, for life & Mary Bourne— That is to say Two parts of it to Mary Bourne & the other part to Sarah the wife of Tho. Chamberlin & yt these several! payments & legacys to my Daughters shall not be Demanded of my wife During her life but shee may dispose thes legacys in any time of her life if shee please. Further it is my will that the vallue & price of the land shall be secured for my Daughters as above & yt my wife shall only have the use & Improvemt of the same as above expressed.
I give and bequeath all my moveable Estate to my Beloved Wife Jane During the term of her naturall life for her use & comfort & after her Death my will is yt it shall be Injoyed by my Two Daughters viz: Dorothy Barrett & Elizabeth Proctor To whome I give an Equall share & Proportion of said moveables & I do constitute & appoint my Beloved wife Jane sole Executrix of this my last Will & Testamt & Require my Beloved Brother Jacob Warren Senr. of Chelmsfd & Impower him to be the overseer of this my last Will & Testamt to advise & assist my Beloved wife in Executing the same & for the Confinuation of this my last will & Testamt I have hereunto set my Hand & Seale this Tenth Day of March 1695-6.
I, Robert Proctor, before signing this Instrumt Declare yt I formerly gave my Daughters Sarah Chamberlin & Mary Bourne yr portions & Therefore I will yt they shall not have power to Challeng any further Interest in my Estate than wt is mentioned to be given to ym in this my Will & Testmt & upon ye conditions expressed.
Robert x Proctor.
Signed, sealed & Delivered in presence of
Concord, July 15, 1697.
By ye Honble James Russell, Esqr., one of ye witnesses subscribed personally appearing made oath that he was personally present & Saw ye Subscriber, Robert Proctor, Sign and Scale and heard him publish and Declare ye above and within written to be his last Will and Testamt, and yt yn he was of Disposing minde yt he yn saw, Mr. Thomas Clark and Joshua Barrus, signe ye same with himselfe as witnesses.
Sam*l. Phipps, Regr. J. A. Russell.
Charlestowne, July 14th, 1697.
By ye Honble James Russell, Esq. The Reverend Mr. Thomas Clark of Chelmsford, one of ye Witnesses subscribed prsonally appearing made Oath yt he was prsonally prsent and Saw the Subscriber, Robert Proctor, Deeed. Sign and Scal and heard him publish and Declare the above within written to 1)3 his last Will and Testament and yt when he so did he was of a Disposing minde, and yt he saw Eli Foster and Joshua Barms Sign ye Same together with himselfe as witnesses.
Sam'l Phipps, Regr. J. A. Russell.
A genealogy of descendants of Robert Proctor of Concord and Chelmsford, Mass
Republican & Journl Print, Ogdenburg, New York, 1898