Probate of James Marston of Hampton, 1705

[Dinah Brackett, wife of John Brackett of Newcastle, renounces administration on the estate of her former husband, James Marston, May 1, 1705.]
[Probate Records, vol 4, p. 64.]

[Administration on the estate of James Marston of Hampton granted to Nathaniel Prescott, May 1, 1705.]
[Probate Records, vol. 4, p. 290.]

[Inventory of the estate of James Marston, who died Sept. 3, 1693: amount £91.0.0; signed by William Sanborn and Benjamin Moulton; dated July 12, 1705.]

[Account of Nathaniel Prescott, administrator, against the estate; amount, £4.5.0; signed by Nathaniel Prescott; attested May 7, 1706.]

This Agreement made this Seaventh day of May Anno Domini 1706 between John prescott in Right of his wife Abigal, Nathanll prescott in Right of his wife Anne, Bethia Marston Mary Marston and Lydia Marston Single women as followeth.

That whereas James Marston late of Hampton in the Province of New Hampshire in New England decd and left five daughters (viz) Abigal the wife of John Prescott, Ann the wife of Nathaniel prescott, and Bethia Marston, Mary Marston, and Lydia Marston, and Administration is Granted unto the abovenamed Nathaniel prescott It is mutually Agreed and wee the abovenamed parties, doe for our Selves our heires Execrs and Admrs Covenant and Agree to and with each other than the Admr Nathaniel prescott abovenamed for payment of Debts & Administration Charges doe Sell three Acres of Land be the Same more or less where the above named James Marston did dwell in his life time and where part of his House is now Standing. And the over plus of what it is sold for be Equally divided among us the five above Named Children And alsoe wee Agree that the Six Acres of Marsh lying at the Clamm Banks be Equally divided into three parts and the Share of the Ox Common be divided into two parts And what ever difference there be in the Goodness of each part, the other person or persons to this Agreemt to be paid soe much Mony by the party receiveing as the difference in Goodnesse shall be Judged by indifferent persons to be if the above named partyes cannot Agree; And alsoe that all other Estate either Real or personal which did belong to our father James Marston in his life time to be Equally divided among us the five above named partyes to this Agreement. And further wee the parties to this Agreement doe Covenant and obleidge our Selves and each of us and each of our Successors to Sett out and deliver Unto our Mother formerly Dina Marston the one third of all the Estate that was our father James Marstons when she shall demand it out of each of our parts. And wee humbly request the Judge of probates &c: for this province to Allow of this Agreemt; And that it be Recorded in the Registers office &c: In Witnesse hereof wee the parties to this Agreement have Sett to our hands and Seales this thirtyeth day of September one thousand seaven hundred and Six in the fifth yeare of the Reigne of our Soveraigne Lady Anne Queen of England &c:

the mark and seal of
John X prescott [seal]
the mark & seale of
Nathaniel prescott [seal]
the mark & seal of
Bethiah X Marston [seal]
Signed Sealed & owned
Mary X Marston [seal]
the mark & seal of
Lydia X Marston [seal]

in the pr of us—
John Sanborn
the mark of
Deborah X Godfrey

[Attested Sept 30, 1706; allowed, Oct. 1, 1706.]
[Probate Records, vol. 4, p. 81]

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