Last Will and Testament of Ezekiel Fisher (written in 1793)
[Source: Norfolk County, Mass. Probate - Case # 6925]
In the name of God, Amen. The testify fifth day of January in the year of our Lord anno Domini seventeen hundred and ninety three, I, Ezekiel Fisher, of Stoughton, in the county of Suffolk and Commonwealth of Massachusetts, Yeoman, being in a comfortable state of health of body, and of sound disposing mind and memory, thanks be given to God for the same, and calling to mind the mortality of my body, and knowing that it is appointed for all men once to die, Do make and ordain this my last will and testament, that is to say, principally and first of all, I give and recommend my soul into the hand of God that gave it, and for my body, I recommend it to the earth, to be buried in a Christian like and decent manner, at the direction of my executors, nothing doubting but at the general resurrection, I shall receive the same again by the mighty power of God. And as touching such worldly estate herewith it hath pleased God to bless me with in this life, I give desire, and dispose of the same in the manner and form following, that is to say, for the first place. I order that all my just debts and funeral charges be paid, and I give and bequeath unto my youngest daughter Rebecca Fisher, twenty six pounds, thirteen shillings, and four pence, to be paid unto her by my executor out of my estate, in order to make her an equal to what I gave heretofore unto each of my other daughters, to be paid when she arrives to the age to twenty one years, or at the time of her marriage, if that should, be before she arrives to that age, and in case she should marry before my decease, and I should provide and deliver to her, good and h[ouse] hold furniture to the amount of twenty six pounds, thirt[teen] [shil]lings and four pence, as I did to my other daughters, [----] is to be considered as paid by myself, and th[---] [----] executors. Also, I gave and bequeath unto Lemuel Fisher, about three acres of meadow, called the new meadow, bounding westerly on Nathaniel Fisher's meadow; easterly on the fence near the upland, northerly on a large ditch next to be old meadow; southerly a large ditch next to the swamp pasture; this I give him to make him equal to what I gave my other sons, and as to my other estate, both real and personal, my will is, and I hereby order, that, after the said Rebecca has received her twenty six pounds, thirteen shillings, and four pence, so as to make her equal with my other daughters, whether the same be furnished by myself or my executors, and my just debts and funeral charges are paid, that the whole of my estate be divided agreable to common form of law; in the same manner as an intestate estate may be divided and settled without having and reference unto anything that I have done, or given, unto my other children before, I having done what I liked upon as near right as I could, considering what they have had done for me at the time that I gave them what I did. And I do hereby nominate, constitute, and appoint, my well beloved wife, Experience Fisher, and my eldest son, Nathaniel Fisher, to be my sole executors to this my last will and testament. And I do hereby utterly disallow, revoke, and disanul, all, and every other former testaments, wills and legacies, bequests and executors, by me in anyway before this time named, willed, and bequeathed, notifying and confirming this, and no other, to be my last will and testament.
In witness whereof I have hereunto set my hand and seal the day and year first afore written.
Ezekiel Fisher
Signed, sealed, and published pronounced, and declared, by the said Ezekiel Fisher, as his last will and testament in presence of us.
James Endicott
Phillip Whiting
Jabin Fisher
Examined
Attest Saml Haven Regr