COOPER (COWPER), MARTHA
W12a:250
25 February 1774
codicil undated
proved 5 December 1775

In the name of God, Amen, I Martha Cowper of Southampton parish in the islands of Bermuda, widoe being sick and weak in body, but of sound and disposing mind and memory praised be God therefor, do make and declare this to be my last will and testament in manner and form following

First and principally I commend my soul to God who gave it, relying on the death and intercession of Jesus Christ my savior for eternal life. My body I commit to the earth to be buried in a decent Christianlike manner at the discretion of my executors. An as to such worldly estate it hath pleased God to bestow on me, I dispose thereof as followeth.

First I devise to Daniel Astwood Senior, his heirs and assignes forever, a parcel of land situate in Southampton parish aforesaid. being bounded southerly on land of Mary Bell, easterly on land of John Darrell, northerly on land in possession of said Daniel Astwood and westerly by a line to be run southerly from the southwesterly corner of the said land now possessed by the said Daniel Astwood on the same corner with the westermost boundary line thereof till it comes to the said land of the said Mary Bell, containing two acres and three roods more or less, he the said paying to my son within a month after he sahll possess the said land the sum of thirty three pounds current money of Bermuda, and in case of refusal of payment of the said sum of money then I give the said land to my said son George Cowper, his heirs and assigns.

Secondly. I hereby confirm to the said Daniel Astwood Sr his heirs and assigns that certain dwelling house and parcel of land therein adjoining, lying in Southampton Parish aforesaid, containing one acre, begining at the corner of a wall on the southerly side of the King's Road on highway commonly called the middle path, which said wall is the westermost boundary of the land of John Todd Senior and running aling said middle path on a corner between the south and west in a direct line so as to ___ the northerly side of a stone block standing on the said land, two hundred and sixty three feet and then running southerly on a ___ parallel to the said westermost boundary of the said John Todd's land till it comes where a line parallel to the first ___ includes one acre of land, which line is the northermost boundary of the lot of land herein before devised to the said Daniel Astwood. And also all that certain lot of land situate in Southampton Parish aforesaid, begining in the Southerly side of a creek called the Heron Bay and running along westermost boundary of the lot of land wherein Samuel Lightbourn now dwells and the land of Joseph Darrell to the highway and thence westerly along said highway one hundred and two feet, thence northerly on a ___ parallel to the first ___ ___ till it comes to the said Heron Bay Creek again then easterly along the brink or margin of the said creek and hundred and two feet to the place where it first began, containing two roods, more or less, which said dwelling house and lots of land theretofore granted to the said Daniel Astwood his heirs and assigns by lease and release dated the sixth and seventh days of July one thousand seven hundred and seventy three.

Thirdly. I conferr to Joseph Hinson Senior of Southampton Parish aforesaid Physician and his heirs and assigns forever all that lot of land and dwelling house containing one acre, being bounded southerly on land of me the said Martha Cowper, northerly on the highway and westerly on land of John White which said dwelling house and land I granted to the said Joseph Hinson his heirs and assigns by lease and release bearing date the __ seventh day of July one thousand seven hundred and seventy three.

Fourthly. I devise to my daughter Grace, the wife of the said Daniel Astwood and his heirs and assigns forever two acres of land, bounded southerly by the lot of land whereon the said Daniel Astwood now dwells, easterly on land of John Todd and Mary Bryan, westerly by a line to be run northerly on the same corner with the westermost bounds of the said lot of land whereon the said Daniel Astwood now dwells till it comes where a line parallel to the southerly boundary of the lot now devised will include two acres.

Fifthly. I devise to my grandsons Nicholas Hinson and Joseph Hinson if the said Joseph Hinson be alive at my death, and their heirs and assigns as tenants in common, two acres of land being bounded southerly on land of Mary Bell, easterly on the land herein before first devised the said Daniel Astwood senior, westerly on land of John White and northerly by a line to be run parallel the southerly boundary of the lot now devised so as to include two acres of land. But in case the said Joseph Hinson shall be dead at my decease then I devise the whole two acres to my said grandson Nicholas Hinson his heirs and assigns forever.

Sixthly. I devise to my daughter Martha the wife of Samuel Darrell two acres of land bounded southerly on land granted to Nicholas Hinson and Joseph Hinson, easterly on land granted hereby to the said Daniel Astwwod, westerly on land of John White and northerly by a line to be run parallel to the southerly boundary of that thereby devised or as to include two acres of land and in case my said daughter Martha shall be again a widow then it is my will that she may sell or give the same as she may think proper, but if not, then at her death it is my desire that one half thereof falls and descends to my said daughter Grace Astwood her heirs and assigns forever, and the other half thereof to the said Nicholas Hinson and Joseph Hinson their heirs and assigns forever, as tenants in common, provided the said Joseph Hinson be alive at my death, but if not, then the said other half part of the said two acres of land hereby devised to my said daughter Martha to the said Nicholas Hinson his heirs and assigns forever.

Seventhly. I devise to my grandson Samuel Cowper and his heirs and assigns forever, one acre of land, bounded northerly on the highway, easterly on land of Joseph Darrell, westerly on land of the said Joseh Hinson Sr and southerly by a line drawn parallel to the northerly boundary or as to include one acre of land

Eighthly. I devise to my son George Cowper and his heirs and assigns forever my now dwelling house and all the rest and residue of my lands wheresoever.

Ninthly. I desire that the purchasers of any timber or trees which may be on my land at my death shall have six months thereafter to cut down, fell and carry the same away.

Tenthly. Should it so happen that the personal estate of my deceased husband Samuel Cowper now in my possession, the use whereof he devised to me for my life, may not be sufficient to defray and satisfy my just debts and funeral charges, then in that case it is my will that the devises of the land herein before it is devised do pay the same in proportion to the ___ quantities of land to them by me given. And in case any or all of them shall refuse to pay their proportions of such sum of money as my said debts and funerall charges shall amount to, then it is my will that my executor shall sell and dispose of such and so great a part of the land of him, her, or their part or proportions thereof.

Lastly. I hereby revoke all other wills by me heretofore made and declare this to be my last will and testament and appoint the said Daniel Astwood Senior, Joseph Hinson senior, Gerge Cowper and Samuel Darrell executors thereof.

In testimony whereof I have hereunto set my hand and seal this twent fifth day of February in the year of our Lord one thousand seven hundred and seventy four.

signed, sealed, published & declared by the said Martha Cowper as for her last will and testament in the presence of us, who, in her presence, at her request, and in the presence of each other have signed our names as witnesses hereto

Geo Bascome
Daniel Astwood Jr
John Astwood Jr

Bermuda
By his excellency George James Bruere Esq. Governor and Ordinary of these islands.

I do hereby certify that this 5th day of December 1775 before me personally appeared George Bascome Esq. and Mr Daniel Astwood Jun., two of the subscribing witnesses to the within will who solemnly made oath on the Holy Evangelist of Almighty God that they saw the within named Martha Cooper, the testatrix, sign seal publish and declare the within as and for her last will and testament who at the time of so doing was of sound and disposing mind and memory and that they also saw John Astwood Junr subscribe his name as a witness to the same. And I do also certify that at the same time the aforesaid George Bascome and Daniel Astwood two of the subscribing witnesses to the annexed codicil who solemnly made oath on the holy evangelist of Almighty God that they saw the said Martha Cooper the aforesaid testatrix sign, seal, and declare the said annexed codicil, as and for her act, and deed for the use and purposes therein particularly mentioned, and that they also saw John Astwood Junr subscribe his name as a witness to the same
In testimony whereof I have hereunto set my hand and seal __ __ the day and year above written
George J Bruere

(codicil)

I Martha Cowper of Southamptoon Parish in the islands of Bermuda widow do hereby make this codicil to my last will hereto ammended in manner following. Whereas by the fifth clause in the said will, I gave to my grandsons Nicholas Hinson and Joseph Hinson two acres of land in the said will particularly. By the sixth clause I gave to my daughter Martha Darrell the wife of Samuel Darrell two other acres of land in the said will also described. And by the seventh clause I gave to my grandson Samuel Cowper one acre of land therein also particularly described. Now be it known that I the said Martha Cowper by this codicil do revoke the daid devises and do by these presents devise to my grandson Nicholas Hinson his heirs and assigns forever the said acre of land in the said will given to my grandson Samuel Cooper. I devise one other acre of land to be bounded Northerly by the acre by this codicil devised to the said Nicholas Hinson, easterly on land of Mary Bryan, westerly on the eastermost boundary of the land in the said will devised to Joseph Hinson and southerly by a line to be drawn parallel to the northerly boundary of this present acre so as to include one acre of land, which said acre of land I devise to my said grandson Samuel Cooper his heirs and assigns forever. And I do also hereby devise to my daughter Martha the wife of Samuel Darrell, her heirs and assigns forever the two acres of land in the said will given to my grandsons Nicholas Hinson and Joseph Hinson. Also it is my desire never the less, that my said daughter Martha Darrell shall not sell or dispose of the said two acres of land hereby given unless she survives her husband the said Samuel Darrell- and in case she does not survive the said Samuel Darrell, then I devise that the said two acres of land hereby devised to the said Martha Darrell do fall and descend to my daughter Grace Astwood, my grandson Nicholas Hinson their heirs and assigns forever equally to be divided between them as tenants in common and not as jointenants. And whereas in the first clause of my said will i did devise to Daniel Astwood Senior his heirs and assigns two acres and three roods of land therein described, more or less, he the said Daniel Astwood paying to my son George Cowper within six months after he should possess the land the sum of thirty three pounds current money of Bermuda. Now (rest is missing)