John HEARD of Kittery, Maine

HEARD

1. JOHN-

m. ISABEL ______
will 3 Mar. 1675- 1 Feb. 1676/7

John probably arrived on the "Warwick" given the name of one of his sons. He was in Kittery in 1640 and lived first at "Mosquito Hall" on Champernowne's Island. He then lived at Sturgeon Creek by 1645 having moved there on the invitation of John Treworgye. Goodwife Heard kept Mr. Treworgye's house while her husband was building their home at the creek. Even though he lived on the Maine side of the river John signed the Dover Combination in 1640. John was a follower of Major Shapleigh and was punished with him for opposing Massachusetts and entertaining Quakers.

John does not seem to be related to the other John Heard, the carpenter, who was living in York and Dover at the same time. This John almost always spelled his name "Heard" whereas our John often is listed as "Hord".

"Lotes granted unto ye Inhabitants of the River of Piscatquacke & laid out by ye Genaral Consent of ye Freeholders by Mr Nicholas Shapleigh John Heard & Nicholas Frost- the 14th of Febry 1648... John Gren... George Rogers... Mrs Batcheller"(11)

"Know all Men by these Presents that we the Inhabitants of Sturgeon Creek & Townsmen appointed for the Township of Kittery do hereby give & grant unto Nicholas Shapleigh of Kittery aforesd all or Right & Priviledges whatsoever to him his Heirs & Assignes for ever so far as in us lyeth wch is to say to set down a Saw Mill or Mills in the Creek abovenamed with Right to & Property in all the Timber both Pine & Oak standing & being in the Swamps wch are & may be known by the Name of Sturgeon Creek Swamps on the North Side of the Creek with a Tracke of Land wch shall be laid out by the sd Townesmen adjacent unto the sd Mill or Mills. In Witness whereof we have hereunto set our hands even this present 25th of Febry 1649.

John Hord
The Mark of Nicho Frost
Signed in the Presence of George Walton
The Mark of Jeremy Sheares
Recorded by me the 16th of May 1651
Basill Parker Re: Cor."(10)

"Abraham Conley his Bond of his Marsh

Abraham Conley his Marsh lieth some Part of it betwixt Mr Nicholas Shapleigh's Marsh & the Swamp Ten Acres more or less and some other Part of it along the sd Mr Shapleighs Marsh and the said Swamp & the Rest of it betwixt John Hord his Marsh and the Swamp at ye upper End of it- by Estimation 6 Acres more or less. And it is agreed betwixt the sd John Hord & the sd Abraham Conley that if the sd John Hord or his Heirs shall have Occasion for to bring a Horse or Horses into his Marsh that he shall have free Egresse & Regresse through the sayd Abraham Conley his Marsh without any Lett or Molestation of him or his Heires or any other by their Meanes, And farther if it shall fall out that there shall be occasion & need that there should be a hie Way made betwixte the sd Marshes, that then the foresd Parties are for to be at aequall Charge for the Makeing of it. Taken the viiith Day of April 1650 p me Basill Parker"(5)

"Wee the Townes men of Kittery, Chozen for ordering of prudentiall affayrs of the same, Att the Instance & request of Mr Richd Leadr, Mr Ric: Cutts & freinds, to say Mr John Cutt, & Mr George Leader, have given, & granted unto them there heyrs & assigns for ever, a Certen Tract of Land scituate, liing, & being on the North side of Pischataqua River... this 16th: of the 7th: 1651.

Nicho: Shapleigh
John Hord"(12)

"... I John Wincoll of Kittery... In consideration of Thyrty & five pounds, sterlg, already received of Nicho: Hodgsden of the Town aforesd... hath... sould... unto the aforesd Nicho: Hodgsden one Messuage or Tenement scituate & liing in the Town of Kittery aforesayd, & Contayning one dwelling house, with upland & Marsh Contayneing by estimation about Thyrty Acres more or lesse as It is bounded, with the Land of miles Tomson on the South, the River on the West, & Burch brooke & Cove on the North, & the high way that Leadeth towards Sturgeon Cricke

Wch house & land was formly in the yeare 1651: bought of John Heard... sixteeth day of June, In the yeare of our Lord, One thousand six hundered seaventy & foure..."(8)

Map of Kittery- Middle Parish (Eliot)- from Stackpole's Old Kittery And Her Families

"... John Morrall of the Town of Kittery Playsterer... have sould unto Miles Tomson of Pischataq.... Carpenter, all my meddow & fence liing & being in bla: Cricke, between the Land of the aforesd Myles Tomson & the upland of John Heard, of Sturgeon Cricke known by the name of the ould ground poynt, the which Prcell of Meddow I formerly bought of Mr. Hattavill Nutter of Dover, as appeareth by a bill of sayle from him to mee beareing date the 14: Septembr 1668:... to have & to hould & quietly to possess & Injoy for ever: & further I doe by these Presents bind mee my heyres executors Administrators & Assignes In the poenall some of fiveteen pounds to save & keepe harmelese, & from all Clayme or Clames to bee made by John Heard of Sturgeon Cricke, to ye pmises aforesd, his heyres or assignes... Twelth day of May 1673:

Signed sealed & delivered            John Morrall
In ye psence of, Willi: Gowen
Thomas Abbet

John Morrall & Sarah Morrall, doe acknowledg ys Instrument, above written signed p her husband to bee yr Act & deed before mee Edw: Rishworth Assote:"(7)

In the name of God Amen

I John Heard of Kittery in the County of Yorke, In New England yeoman, being by the providence of god by reason of age weake of body, but of Prfect mind & memory, & with out frawd & deceate, & not knowing how it may please ye Lord to deale with mee, as to matters of this life, Now to take mee out of this troublesome & transitory world, to whose Most gratious dispensations, I do humbly submitt, wr for I Commit & Commend my soule into the hands of god yt gave it, & my body to Christean buriall, ordering & appoynting this Present Instrumt to bee my last will & testament, in manner & forme following

Imprs : I give & bequeath my grandaughters Mary & Elizabeth, daughters to my well beloved sonn James Heard late whilst hee lived of Kittery in New England, aforesd deceased, all my Land Improued & not Improued, being by Computation sixty Acres, or yr abouts bee It more or lesse, lijng or scituate in Kittery aforesd, at a place Commanly Called & known by the name of Tomsons Poynt, imediately from & after the decease of Jon Ross, which sd land or part yr of, is now in the houlding possession & Occupation of the sd John Ross, togeather also with an house Erected, & built yron for ye tearme of his Naturall life; with all & singular ye profitts, & Commoditys belonging & apprtajneing yrunto, to bee aequally divided amongst them & yr heyres, or to the surviver of them, & yr heyrs for ever, ye Ellder always to bee Preferred before ye younger, & ye Males before ye females

Item I giue & bequeath unto my 3 younger Grandaughters, Katterine, Abigale & Ann, ye daughters of my Intirely beloved sonn James Heard, late whilst hee lived of Kittery aforesd, deceased, the full some of Twenty pounds, a peece to each & every of them, either in money or other good payment, which I shall leave to ye discretion of my overseers, in trust, whom I shall here in & here after Nominate, & appoynt to bee made Immediatly after : And as soone as they or either of them, shall accomplish to Attajne ye age of eighteen years, or bee maried by my executor

Item my will is yt in case one of the three last mentioned, Katterine, Abigaile & Ann, should Come to decease before they accomplish & Attaine to ye age of eighteen years, or bee married as abovesd, then my Will is, yt ye legacy herein & hereby given, & bequeathed unto such shall redown unto my executor, but If ye two of the before ye aforementioned yr in, should happen to decease befor the Attajne to ye aforesd age, or bee married, then my will is, that ye legacys herein & hereby given & bequeathed, unto ym shall desend unto ye Too Elldest girles, Mary & Elizabeth, as an augmentation to wt is given unto ym, as above to bee �qually divided, betwixt them & yr heyrs lawfully begotten

Item : I give & bequeath unto my grandaughter Elizabeth, aboue mentioned, two Cows to bee delivered unto her or her Assignes, two or 3 yeares after my decease, if they bee then liveing, otherwise this gyft to cease, & bee voyd, by my executors or overseers, in trust whom I shall in these nominate

Item : I give & bequeath unto my grandsonn John Heard, all the rest of my goods & Estate, to witt my farme, & all wtsoever doth belong, & apprtajne yrunto, lijng & scituate at Sturgeon Cricke, in Kittery aforesd, togeather also with all & singular my whoole stocke of Cattle, of wt nature, kind quality or Condition soever, & also all my debts wares, Mrchandizes, dues, or demands, wtsoever, my just & due debts being first payd, & discharged : Either in my own Costody or possession, or in the hands keepeing Costody or possession of any other Prson, or Prsons rescident in New England, aforesd or else where, whom I do hereby make my soole heyre, & executor, & to the heyres of his body lawfully to bee begotten for evermore

Always provided that ye sd John Heard should happen Mary, but decease with out lawfull Issew, then my will is in such a Case, that his widdow possess & injoy such a Competency of his sd Estate dureing ye tearme of her naturall life, as ye law directs & appoynts, but ye remainder of ye Estate to witt ye farme aforementioned, being Composed of upland Meddow, Marshs Orchards, houseing, & all other & singular the apprtenances, yrunto belonging, or any wise apprtaineing, with ye Estate of Cattle, as above bequeathed, & intended to bee bequeathed unto him ye sd John Heard, shall discend unto ye aforementioned Mary, & Elizabeth Heard Jointly, & unto there heyres for ever, lawfully to bee begotten on yr bodys, & in default of such Issew, to the next sister & her heyres for evermore, provided the sd Marry & Elizabeth relinquish yr Claime & right to & in the Land at Tomsons Poynt, afore mentioned, the which in such a Case shall descend unto ye three youngest daughters before named, or unto ye surviver or survivers of them, or either of them, & her or yr heyres, lawfully to bee begotten on her, or yr bodys, for ever more, the Elldest always to bee Preferred before ye younger, & ye Males before ye femals of yr Issew

My will is also yt in Case it should please god yt I decease before my indeared Wife, Isbell Heard, then my Will is, that my overseers in trust take spetiall Care, yt shee bee Carefully & duely provided for, for a Comfortable subsistance out of the aforesd Estate at Sturgeon Cricke, dureing the tearme of her naturall life, & do hereby Impoure my sayd overseers hereafter mentioned, & nominate so to do

My will is also, yt in Case my daughter in law Susanna Heard see meete to abide at Sturgeon Cricke with her Children, that shee & they bee carefully provided for, & mantayned out of ye produce of the farme, & stocke provided shee use her utmost Care & diligence, in the Managemt & Improvemt there of, & this to Continew dureing the tyme of her Widdowhoodship, & till such tyme as the Children be Capable of being disposed of by her, with the advise & approbation of the overseers, & this to Prevent unnessary Charge, & expence to my executor; my Intent & meaneing in the first Article is, that John Ross with in named may have free lyberty, quietly & peaceably to possess & injoy, the dwelling house & Tomsons Poynt, & likewise ye Land yr fenced in & Improved by him dureing the tyme of his naturall life, as aforesd, but not to debarr, or prohibite ye aforesd Mary & Elizabeth or yr Assigns for Improveing at yr will, & pleasure, the remainder of the sd Lands, & to ye Intent yt this my will & testament, being the last I ever intend to make, & irrevocable, may bee duly & truely executed & Prformed, according to ye tenour purport, true Intent & meaning yrof, I do hereby nominate make Choyce of, & appoynt my trusty & beloved freinds Major Nic : Shapleigh, John Shapleigh, Jos : Hammonds William Spencer, & James Chadborne all of Kittery, & New England aforesd, & ye surviver & survivers of them, any or either of them, upon trust & Confidence in them reposed, to bee my overseers in trust, requesting them to bee Assisting in the execution of the same; In testimony yt this is my last will & testament, irrevocable as aforesd, I do here unto put my hand & seale

Dated in Kittery in Pischataqua River, in New England aforesd this third day of March, in the yeare of or Ld god, according to ye Computation of ye Church of England one thousand six hundred seauenty & five & six
Anno Domini : 1675/6

Signed sealed & Deliuered,            John Heard
in the Presence of us
Frans Smale
Elizabeth Leighton
Ric : Allexander
Sworn to by attesting witnesses 21 Feby 1676; recorded 16 Mch 1676-7" (1)

"Articles of agreement made, Concluded & fully agreed upon, between Major Nicholas Shapleigh, John Shapleigh, Jos: Hamonds, & William Spencer of the one Party, & Richard Otis & James Chadbourne on ye other Party Witnesseth; That wras the above named Nicho: Shapleigh John Shapleigh Jos: Hamonds, & william Spencer were by ye last Will, & testament of John Heard of Kittery, on Pischataqua River in New England, deceased, beareing date the 3d day of March, In the yeare of our Lord god one thousand six hundred seaventy & five Nominated, chose & appoyted, with the above named james Chadbourne, to bee his overseers in trust, so see the sayd will Prformed; No Wee the sayd Nicholas Shapleigh, John Shapleigh, Jos: Hamonds & William Spencer above named, being the Major Part of the overseers of the sayd will, & Considering the Introcacy, & mixture of the Estate of the sayd John Heard, It being Intermixed with & amongst the Estate of James Heard the sonn of John Heard who deceased without makeing any will; And Considering that many Inconveniences might arise in the devideing of the sayd Estate: Doe by these Prsents Assigne & make over all the right & overseershipe of the last will & testament of the sayd John Heard deceased, unto the above named Richard Otis, who being the now husband of Saraih, the Relict or Widdow of James Heard & to the above named James Chadbourne, & to both of them Joyntly & have fully for our parts have authorized, lycenced, & Assignd the sayd Richd Otis, & James Chadbourne to Act & doe all & every thing or things, concerneing the execution of the sayd Will, & testatment, & shall not Intermeddle with the Administration of any part of the good, Chattles, money debts, or other Estate of the sd Testament, without the Consent of the sayd Richd Otis, & James Chadbourne there heyres or executors but shall at all tymes hereafter & from tyme to tyme Prmit & suffer the sayd Richd Otis, & James Chadbourne their heyres, executors, or Assigns, to Administer all such goods Chattles moneys debts & Estate, as at the day of the date here of, bee in ye Custody of the sayd Nicho: Shapleigh, & the rest of the overseers, or in the hands of any other Prson or Prsons wch are to bee Administred according to ye Tenour & Intent of the sayd will & testament; And the sd Richd Otis & James Chadbourne doe for them selves yr heyres, executors, Administrators & Assignes, promisse & Ingage, that out of the Moveables, the Estate of the sd John Heard & James Heard his sonn, that they will Administor & pay all the Just & due debts, wch the sayd John Heard & James his sonn did ow to any Prson or Prsons, & alsoe to satisfy all such Legacys, as is by the Will & testament expressd & alsoe to take care for ye Comfortable subsistance of Izbell Heard the Relict of the sd John Heard, dureing her naturall life, & alsoe for the Children of James Heard according to ye intent of ye sayd will & testament: & alsoe to yeild up the Estate of Lands, & houseing unto John Heard, the Grandchild of the sayd John Heard deceased, when hee shall Accomplish & Attayne to the age of Twenty one years, tenantable & sufficiently fenced, or as now It is, & in case of Mortality to whom soever It shall belong, according to the true Intent & Meaning of the sayd Will & Testament, & for the Prformance hereof, Wee the sayd Richard Otis, & James Chadbourne doe bind our selves, our heyres executors & Administrators Joyntly and severally by there Prsent

In witness where of Wee have here unto sett two our hands, & Seales this fifth day of Novembr In the yeare of or Lord one thousand six hundred seaventy seven

Signed sealed & Delivered            Nic: Shapleigh
In the Prsence of            John Shapleigh
William Bickham            Jos: Hammond
Alyce Chadbourne            Willia: Spencer
            The marke of
            Richd Otis
            James Chadbourne

The settlement of the Estate of John Heard, & James as above is expressed by the agreement of the overseers & ye rest, is allowed & ratifyd by the Court provided yt Otis & Chadbourne give bond to ye satisfaction of this Court, to respond all Legall debts Legacys & reversions of the Estate to ye heyre Comeing to ye age of 21 years

Signed in Court this 8th Novebr 1677: p Edw: Rishworth ReCor:" (2)

"Wras there is a difference arisen between John Hord & Abra: Conley both of Sturgeon Cricke, about the divission of a Certen Tract of Land, Joyntly granted unto ye sd Hord & Conley, by ye Select men of ye Town of Kittery in the yeare 1652: Therefore Wee the sd John Hord & Abra: Conley, do for ye finall ending & determining of the abovesd difference Mutually make choyce of Richd Nason, James Emery Christopher Benefield, & Nicho: Shapleigh as or arbitrators, & Wee the abovesd John Hord & Abra: Conley, obleidg or selves & or heyrs each to other, In the poenall some of one hundred pounds Sterlg: to stand to & abide, the award Judgt & arbiterment of the above named arbitrators

As witness or hands & seales this 28th of ye 4th Mo 1676:

Signed sealed & Deliverd in             John Hord
the Prsence of us             The marke of
The marke of Peter Wittum             Abra: Conley
John Ross his marke

Its ys day Consented to & agreed by Jon Hord & Abra: Conley yt ye lot of Land Joyntly granted them shall be aequally devided between ym, with ye Necke of Land bordering upon Stephen Greenhams Lott"(3)

"Wras John Hord, & Abraham Conly both of Sturgion Creeke, now deceased made Choyce of the subscribers, as arbitrators for the Ending a difference then depending between the sd Hord & Conley, according to a bond given under there hands, & seales beareing date 28th of 4th Mo. 1676: Now Wee the arbitrators for the finall ending, & determining of the aforementioned difference, have measured the breadth, & Length of the Land given us in charge aequally to bee devided, between the aforesd Hord & Conley, & find the just breadth on & East & West Lyne... therefore Wee do Adjudg & award unto the sayd John Hord one hundred & foureteen pooles, from the abovesd marked hemlocke tree West unto a certen small pine tree neare the Ceaders & to Abra: Conley from thence one hundred & fourteen poole more, West, unto the fore mentioned marked Ash tree, with all the sayd Conleys Improved Lands, liying & being with in the bounds & Lymitts of John Hord aforesd

& Wee do also declare that ye devideing or middle Lyne runnes upon the North Poynt by marked trees, unto a stake driven down into the earth, on the Eastward side of the high way, neare unto William Smyths field

& that this is our full & finall determination, Wee have hereunto set our hands & seales this 24th 4th Mo. 1678: In kittery

Nicho: Shapleigh
Ric: Nason by his
marke
James Emery
Christopher Banefield"(4)

"1680 This Indenture made ye secund day of ffebruary in ye thirty third yeare of the Reign of our Soveraign Lord Charles the secund, by the grace of god of England, Scotland ffrance & Ireland King, Defendr of the faith, &c: between James Chadborne of Kittery of ye Province of Mayne of the one part, & Thomas Roads of the same Town & Province Joyner of the other part; Witnesseth, that where as John Heard late of Sturgeon Cricke, in the Town of Kittery in the Province of Mayn aforesd, deceased, did by his last will & testament beareing date the third day of March in the yeare of our Ld God 1675: amongst other things give & bequeath, unto his two Elldest Grand daughters Mary & Elizabeth Heard, the daughters of his late deceased sunn James Heard a Certen lott or tract of Land liing & being in the Town of Kittery aforesayd Comanly Called or known by ye name of Tomson Poynt, Containeing by Estimation sixty Acres, or there abouts bee It more or less, as It was layd out & bounded by the sayd Town of Kittery, with the appurtenances, as by the sd will, & testament & Town Grant more at large doth & may appeare: Excepting to John Ross his house & land, for the Tearme of his life which hath lately built, & fenced on it, which was granted unto him the sayd Ross, by the Consent of the sayd Testator.

Now Know yee, that since the sd Will & testament made, & Confirmed in law & by law, that James Chadborne Party to these Presents, did Mary with Elizabeth the youngest of them too sisters, or Legatees, & thereby is Intitled & Invested unto the one Moeity part & purpotty, of the sayd tract of Land so given, by his wifes Grandfather, John Hearc deceased, & doth hereby owne & acknowledg him selfe the right owner there of at this Present, & hath full power, togeather with his wife to sell, give, sett, or otherwise to dispose of the same

Now know yee, that I James Chadborne... with the... Consent of my now wife Elizabeth, for & in Consideration of the some of thirty pounds of Lawfull pay in New England... see... unto him the sayd Thomas Roads all that Moeity... or Tract of Land aforesd..."(6)

Issue-

  • 2I. JAMES- b. before 1648, m. SHUAH STARBUCK (m.2. c.1677 Richard Otis of Dover), d. before 1676
  • II. Warwick- d. 23 Mar. 1647, accidently shot by Charles Frost while shooting geese

    Ref:

    (1) York County Registry of Deeds- Vol. V, p. 20
    (2) Ibid- Vol. III, fol. 17
    (3) Ibid- fol. 55
    (4) Ibid-
    (5) Ibid- Vol. I, Pt. I, fol. 7
    (6) Ibid- Vol. III, fol. 106
    (7) Ibid- Vol. II, fol. 141
    (8) Ibid- fol. 161
    (9) Ibid- Vol. I, pt. I, fol. 8
    (10) Ibid- fol. 13
    (11) Ibid- fol. 5
    (12) Ibid- fol. 162

    Genealogical Dictionary of Maine & New Hampshire- p. 322

    "Old Kittery and Her Families"- p.511
    "Old Families of Salisbury & Amesbury"- p. 199


    2I. JAMES (JOHN 1)

    m. SHUAH STARBUCK (m.2. c.1677 Richard Otis of Dover)
    d. before 1676

    James was an ensign in the militia in 1647.

    "May 24: day: 1652:

    Wee the select Townsmen for Kittery, have granted & lotted out unto Mr. Thomas Withers his heyres or assignes for ever, a Tract of Land with in ye spruse Cricke... The two hundred acres of Land at Eagle Poynt & Martins Cove, is layd out by James Heard, & John Simmons, whom were appoynted to lay out Land by the Town of Kittery..."(3) He also signed a grant of 100 acres to Humphrey Chadbourne as one of the selectmen of Kittery on 24 June 1659.(5)

    James witnessed an assignment of a bill from Elizabeth Lewdecus to Richard Otis on 3 July 1660.(9) He also witnessed a deed from John Neale to Alexander Cooper in 1662 to land on the Piscataqua River(1) and another in 1662 from Neale to Nathan Lord Sr. for 25 acres which he had purchased from Alexander Maxell of York.(8)

    James witnessed a deed made 2 Nov. 1663 from Nathaniel Fryer of Portsmouth to Richard Lockewood of Kittery of all the property occupied by Fryer which formerly belonged to Francis Champernown, Esq.(7)

    James, as one of the selecmen, signed the grant to William Seely 10 May 1667 of a tract of land on Spruce Creek.(4) James was also the town clerk in 1669.(2) He was removed from those offices for being a Quaker.

    "Know all me by these Prsents, that I Thomas Withers of Kittery, In the County of Yorke, have & doe by these Prsents, give unto my two youngest children Mary & Elizabeth, my Island liing between Strawbury banke & my house, where I have formerly builded upon and planted, I doe here by these Prsents, freely give it unto my sayd Children, onely I shall reserve a place for James Heard to build upon, contayneing of sixty six foote square, & there shall bee their deed for that upland, as witness my hand & seale this 24th of July 1671:

    Richard Cowell             Tho: Withers
    Charles Summers."(6)

    "Let all men know by these prsents that we John Heard of Kittery in the County of East York Husbandman, And Shuah Heard late wife of James Heard Deced of ye same town and County aforesd Widow are hereby held and firmly bound unto John Neal of ye same town and County Husbandman in ye full & whole sum of two hundred pounds Lawfull money and Currant in New England to be paid unto ye sd John Neal or to his certain Atturney his heires Executrs Adminrs or Assignes or to one of them at one intire paymt unto which paymt well and truly to be made and done we doe bind our selves and either of us Joyntly and Severally for ye whole and in ye whole our heires Executrs & Administrators firmly by these presents Sealed with our Seales And Dated ye first day of Novembr in ye twenty eight year of ye Reign of our Soveraign Ld Charles ye Second, by the grace of God of England Scotland ffrance and Ireland King Defender of th ffaith Anno Dom 1676

    The Condition of this present Obligation is such that whereas James Heard of the town of Kittery and County abovesd Deceased, the son of thabove bounded John Heard And late husband of thabove bounded Shuah Heard for severall years since and for a true and Valluable consideration for himself his heirse Executrs Adminrs and Assignes did clerely really and Absolutely bargain and sell unto thabove named John Neal his heires Executrs Adminrs and Assignes the hafendeal of a certain Lot or tract of Land granted unto the sd James Heard and one Thomas Etherinton, Deceased, by the town of Kittery aforesd and since laid out and bounded to them and since the sale thereof unto ye said Neale Divided between ye sd John Neale and ye Administratr or Administratrs of ye sd Thomas Etherintons Estate to both their contenct and agreement

    Which lott or tract of Land as it was granted and as it is laid out Lyeth and is bounded on ye North or thereabouts by a lott or tract of Land some times heretofore granted unto one Wm Ellingham And Southerly by lands granted unto one Mrs Katherine Treworgie And Westerly by ye river of Piscataqua And Easterly by ye Commons which sd Moietie or halfendeale of ye sd Lott the sd Neale now Possesseth & enjoyeth; Now for as much as the sd James Heard Deceased, did not by his Deed under his hand according to Law confirm the said Land unto ye sd Neale as he ought to doe, being prevented by death Thabove boundens John Heard and Shuahd Heard doe hereby confess and Acknowledge that ye sd hafendeal of ye sd Lott of Land with thappurtenances and priviledges thereunto belonging or in any wise Appurtaining or ought to Appurtain or belong to it were by ye sd James Heard clearly really and Absolutely sold and delivered unto ye sd John Neale And Seizen & Possession taken by him Accordingly and thaforesd valluable consideration or price greed on to be paid for ye sd Land and every part and parcle thereof [ ] fully duly and truly satisfied & paid long since by ye sd John Neale unto ye sd James Heard And thereof and every part & pcell thereof thabove boundens John and Shuah Heard doe for themselves their heires Executrs Adminrs and Assignes Acquit ye sd John Neale his heires Exeutrs Adminrs & Assignes for ever Now if thabove boundens John Heard and Shuah Heard or either of them they their heires Executrs Adminrs and Assignes and every of them doe from time to time and at all times hereafter pmit and suffer ye sd John Neale his heires Executrs Administratrs or Assignes and every and either of them quietly and peaceably to have hold ocupie possess and enjoy that foresd halfendeal or tract of Land as it is now Divided with ye Appurtenances and prividedges thereunto belonging or in any wise are or ought to be Appurtaining thereunto without their or either of their Lawfull let suit trouble deniall distrubance or Molestation, putting out of them ye sd John and Shuah Heard or either of them or either of their heires Executrs Adminrs or Assignes Lawfully Claiming the sd halfendeal or tract of Land or any part or parcel thereof And further if thabove boundens John and Shuah their heires Executrs Adminrs and Assignes or any or either of ym upon request made to them or either of them by the above named John Neale his heires Eeecutr Adminrs or Assignes doe: doe any further Act or Acts thing or things in ye Law as shall be Judged meet and Nessessary to be done for ye better confirming and clear conveying and Settleing of ye sd halfendeale or tract of Land unto ye sd Neale his heires Executrs Adminrs or Assignes that then this prsent obligation shall be voyd and of none effect or Else to be and remaine in full power force & vertue

    Sealed Signed & delivered
    in ye presents of us            The mark of John Heard
    Andrew Searle             the mark of
    the mark of             Shuah Heard
    William ffurbish

    John Heard & Shuah Heard Acknowledged ye above Obligation to be their free Act and Deed with their hands and Seales to it this 12th day of Janry 1676: Before me
    John Wincoll Assotiate

    A true Copie of the origniall Transcribed and compared: May 12th 1701"(10)

    Issue-

  • 3I. JOHN- b.c.1667, m.1. 27 Apr. 1690 PHEBE LITTLEFIELD (d. 4 July 1697), 2. 2 July 1698, Jane Cole (m.1. Joseph Littlefield), 3. Dec. 1725 Ann Wingate, 4. int. 27 Nov. 1735, Maria Bradbury of York, will 15 Jan. 1739- 6 Jan. 1752
  • II. Mary- m. Robert Evans Jr. of Dover and Nantucket (see York Deeds VII, fol. 48; Vol. XVIII, fol. 107)
  • III. Elizabeth- m.1. before 1680 James Chadbourne (will 26 Mar.- 27 May 1686 Kittery), 2. Samuel Small (b.c.1666, living in 1737)
  • IV. Katherine- m. John Wooden of Wells & Salem
  • V. Abigail- m. 2 Feb. 1688/9 Job Clements of Dover (d. by 28 Mar. 1729), living 28 Mar. 1729 Dover, NH (11)
  • VI. Ann- m. Moses Gilman of Exeter

    Ref:

    (1) York Deeds- Vol. III, fol. 22
    (2) Ibid- fol. 46
    (3) Ibid- Vol. II, fol. 7
    (4) Ibid- fol. 31
    (5) Ibid- fol. 97
    (6) Ibid- fol. 133
    (7) Ibid- fol. 134; Vol. I, pt. I, fol. 142
    (8) Ibid- Vol. IV, fol. 129
    (9) Ibid- Vol. I, Pt. I, fol. 96
    (10) Ibid- Vol. VI, fol. 100
    (11) Ibid- Vol. XIII, fol. 39

    Genealogical Dictionary of Maine & New Hampshire- p. 321

    "Old Kittery and Her Families"- p.511
    "Old Families of Salisbury & Amesbury"- p. 199


    3I. JOHN (JOHN 1, JAMES 2)

    b.c.1667
    m.1. 27 Apr. 1690 PHEBE
    LITTLEFIELD (killed by Indians 4 July 1697)
    2. 2 July 1698 Jane Cole (d. of Nicholas Cole, m.1. Joseph Littlefield)
    3. Dec. 1725 Ann Wingate
    4. int. 27 Nov. 1735 Maria Cotton of York (m.1. Wymond Bradbury)
    will 15 Jan. 1739- 6 Jan. 1752

    The inventory of the estate of his brother-in-law, James Chadbourne, 27 May 1686, mentions: "his house & land bought of Nathell Lord, & joynes to John Heards farme at Sturgeon Cricke..."(4) John deposed that he lived with James Chadbourne for several years prior to his death.

    John was on the Grand Jury for the Court of Sessions 15, 16 July 1690, 24 Feb. 1690/1, 4 Apr. 1693, 2 Apr., 2 July, 1 Oct. 1695, 7 Jan. 1695/6, 4 Jan. 1697/8.(5)

    John's house was attacked by the Indians on 4 July 1697 and he was wounded and Phebe was killed in the attack. Joseph Storer wrote to his brother-in-law Capt. John Hill on 10 July:

    Brother Hill

    It has pleased god to take away Major Frost, the Indians waylaid him last Sabbath day as he was coming home from Meeting at night and killed him and John heards wife and [ ] Lowning and John Heard is wounded. The good Lord santifies it to us all. It is a great loss to the whole Province and especially to his family and last Monday the poast that cam to Wells as they went to go home the Indians killed them about the marked tree, namly Nicholas Smith Proper and Hennery simson. Brother mistress Frost is very fill of sorry and all of her children. Cousen Charles and John was with their father and escaped wonderfully and several other with them. Capt Brekett went with som of his Company On Monday by way of Neckewanack and I see your wife full of grief and your child is well. Mrs Fron and sister & all you brothers & sisters remember their love to you and earnestly desired you to com over if you can possible without danger. Pray do not venture in the day to com. Remember our love to all our brothers and sisters and cousins and good Lord keeps us in these perreles times and santifie all his awful dispensations to us. No more at present. Praying for you.

    Your brother, Joseph Storer

    John witnessed a deed 12 Dec. 1698 from Peter Wittum of Kittery to Samuel Small of Kittery of his property on Sturgeon Creek.(3)

    "Know all men by these presents that I John Heard of Kittery in ye County of York in the Province of ye Massachusetts Bay in New England Yeoman, for and in consideration of ye sum of one pound and sixteen shillings of Lawfull money of New England to me in hand paid at and before ye Ensealing and Delivery hereof by John Newmarch of ye same town.... the receipt whereof I doe hereby Acknowledge and myselfe therewill fully Satified have given granted bargained and sold... unto ye abovesd John Newmarch his heirs and Assigns a certain tract of land lying and being in ye township of Kittery containing fifty Acres as it was laid out and bounded to me ye sd John Heard by the Survirs of ye town of Kittery William Godsoe and Nicholas Gowen on ye 26 of Augst 1699... In witness whereof I ye sd John Heard have hereunto set my hand and seal this nineteenth day of April Anno Domini One thousand & Seven hundred.

    Signed Sealed & dd             John Heard
    in ye presents of us
    Mercy Smith
    Hannah Hamond"(6)

    John witnessed a deed from Black Will to Charles Frost 13 Nov. 1708 of 100 acres in Kittery. Black Will was the former slave of Nicholas Shapleigh who had a relationship with Alice Hanscom (See Hanscom).(8)

    "This Indenture Witnesseth a bargaine of Exchange Between John Heard of Kittery in ye County of york in New England yeoman on ye one part & Nicholas Morrell of ye Same town & County Brick Layer on ye other part wch is as followeth vizt The sd John Heard Doth by these prsents Give Grant bargaine Sell release Allien Convey & Confirm unto ye sd Nicholas Morrell a Certaine Tract of Land in ye Township of Kittery aforesd Begining at ye highway Leading from Sturgeon Creek Bridge... And ye sd Nicholas Morrell doth by these prsents Give grant Bargain Sell Release Aleine Convey & Confirm unto ye sd John Heard a Certain tract of Land in ye Township of Kittery... Bounded... by ye Country Road Leading from Sturgeon Creek bridge Toward Newchewanack & on ye South by Sturgeon Creek & on all other Sides by ye Lands of ye sd John Heard it being part of ye Antient Possession of Abram Conley decd which ye sd Nicholas Morrell purchased of William Lord of Kittery... In Confirmation of all above written wee ye sd John Heard & Nicholas Morrell have hereunto Set our hands & Seals this Second day of March in ye Eight year of ye Reign of our Soveraign Lady Anne of Great Brittaine &c Queen Annoq Domini one thousand Seven Hundred & Nine Ten 1709/10

    Signed Sealed & Dd             John Heard
    In Presents of us             Nicholas Morrell
    John Brooks- his mark
    Nicholas Gowen"(11)

    "To All People to whom these prsents shall Come Wee John Heard & Jane my wife of Kittery in ye County of york within her Majtys Province of ye Massachusetts Bay in New England Send Greeting Know Yee that for & in Consideration of a Certaine piece of meadow & meadow ground Scittuate on ye Southermost Side of ye body of Meadow at Sturgeon Creek... have sold... unto Nathan Lord of Kittery aforesd yeoman... a Certain piece or parcell of Meadow Containing two Acres & a halfe... at Sturgeon Creck in Kittery... In Witness whereof wee have hereunto set our hands & Seales this third day of Aprill in ye Ninth year of our Soveraign Lady Anne by ye Grace of God of Great Brittaine ffrance & Ireland Queen Defendr of ye faith &ct Annoq Domini one thousand Seven hundred and tenn 1710

    Signed Sealed & Delivered             John Heard
    In prsence of us             Jane Heard- her mark
    John Hill
    Phillip Hubord
    Charles ffrost"(7)

    "To All People unto whom this present Deed of Sale Shall come John Heard of Kittery... Yeoman Sendeth Greeting Know Yee that for and in Consideration of ye Sum of Thirty three pounds Currant money of New England to me in hand paid at and before the enSealing & Delivery of these presents by Nicholas Morrell of ye Sames Kittery aforesd Bricklayer... a Certaine Tract of parcell of Land Scittuate & being in ye Township of Kittery aforesd Containing Thirty acres... which sd Thirty acres of Land was Given and granted unto John heard Grandfather to John Heard ye grantor by ye Town of Kittery on ye twenty fourth day of June 1662... In Witness whereof I ye sd John Heard have hereunto Set my hand & affixed my Seal this Seventeenth day of Decembr in ye Tenth year of ye Reign of our Soveraign Lady Anne of Great Brittain &c Queen Annoq Domini One Thousand Seven Hundred & Eleven 1711

    Signed Sealed & Delivered             John Heard
    In the presents of us
    Joseph Smith
    Nicholas Cole
    Joseph Hamond"(10)

    "To All Christian People to whom these presents Shall come wee John Heard of ye town of Kittery in ye County of york in ye province of ye Massachusetts bay in New England and Jane his wife and Samuel Smale of ye town aforesd & Elizabeth his wife and Job Clements of Dover in ye province of New Hampshire in ye County aforesd & Abigail his wife Sendeth Greeting for & in Consideration of a valluable Sum of money in hand paid unto our father James Heard late of Kittery decd by one John Neale of ye town of Kittery aforesd for which paymt wee do Acknowledge our Selves to be full Satisfied and are therwith Contented... & do... sell... one Moiety or halfe part of a Certaine parcell or tract of land lying and Scittuate in ye town of Kittery aforesd & formerly granted by sd town unto our foresd father James Heard & Thomas Etherington unto Andrew Neale of ye town of Kittery Aforesd & Son of ye Abovesd John Neale... bounded on ye North or thereabouts by a lot of land formerly granted unto one William Elingham & Southerly by a lot granted unto one Katherine Treworgie & westwardly by ye river of piscattaqua & Easterly by ye Comons... In Witness hereof wee the foresd John Heard & Jane his wife Samuel Smal & Elizabeth his wife Job Clements & Abigail his wife have hereunto Set our hands & Seals this twenty first day of Octobr Anno Domini one thousand Seven hundred & twelve & in ye Eleventh year of her Majtys Reign Anne by ye grace of god over great Brittaine Queen...

    In ye prsence of us
    Daniel Furbush
    Joseph Gould
    James Warren"(2)

    "Know All men by these presents that I John Heard of Kittery... do... grant... unto Nathan Bartlett late of Newbery now of Kittery... Tanner Two Certaine pieces of land Scittuate lying & being in Kittery Aforesd out of ye homestead land of sd Heard... In Witness where of I have hereunto Set my hand & Seal ye 27th day of February Annoq Domini 1713/4

    Signed Sealed & Delivered             John Heard
    in psence of
    Benjamin Lord
    John Croade
    Berwick March 2d 1713/4

    York ss
    Captn John Heard Appeared & Acknowledged ye above written Instrumt or deed of gift to be his Act & Deed & Jane his wife Also Appeared & relinquished her right of Dower or Thirds to ye lands above mentioned

    Before me             Ichabod Plaisted"(9)

    "To all Christian People to whom these presents shall Come Greeting Know Ye that I Job Clement of Dover in the Province of New Hampshire in New England Tanner with the Consent of Capt John Heard and all the rest of James Heards deceased children of Kittery for & in consideration of Twenty-ffive pounds currant money of New England to me in hand paid by Samll Lord of Berwick... Husbandman... Confirm unto sd Samll Lord a peice or parcell of land scituate in the Township of Kittery or Berwick containing Twenty Acres more or less... The Land above mentioned was a grant granted by the Town of Kittery to our ffather James Heard as an addition to his Lott at Tompsons point... In Witness hereof Wee have hereunto set our hands & seals, This twenty eight day of Octr 1713 and in the twelth Year of the reign of our Sovereign Lady Ann of Great Britain ffrance and Ireland Queen defender of the ffaith &ct.

    Signed Sealed and Delivered             Job Clements
    in Presence of us             John Heard
    John Gowen             John Wooden
    Nathan Lord             Robert Evens
    Nathan Bartlet             Samll Small"(15)

    "To All Christian People to whom this presents shall Come Know Ye that I John Heard of Kittery... Yeoman with ye Consent of Jane my wife for & in Consideration of a Valluable Sum of Money to me in hand paid by John Morrell Junr of sd Kittery have granted & Sold... unto sd John Morrell... a Tract of Swampy ground lying East from Strugeon Creek... being Twenty Acres more or Less which Swampy ground was granted to my father James Heard by ye Town of Kittery October ye Twenty first 1668... In Witness hereunto I have Set to my hand & Seals this Ninth day of January Annoq Domini One thousand Seven hundred and Sixteen Seventeen & in ye third year of ye reign of our Soveraign Lord George of Great Brittaine ffrance & Ireland King Defendr of ye faith &ct

    Signed Sealed & Delivered             John Heard
    In presence of us            Jane Heard- her mark
    John Gowen
    Nathan Bartlett
    Daniel Emery"(12)

    "Whereas there is a Controversie between John Morell Junr and Richd Chick both of ye Town of Kittery in ye County of york Yeoman relateing to ye bounds & possession of their Lands & marsh or meadow Lying on ye North Side of Sturgeon Creek at or near a place Called ye round about marsh or Jinkins his marsh in Kittery aforesd for ye Issuing of which Controversie they ye sd Morrell & Chick have referd them selves to ye Determination award & Arbitramt of Captn John:Heard & Joseph Hamond of sd Kittery Gent whose Award Shall be a finall Issue of Said Controversie... In Witness whereof ye sd John Morrell & Richard Chick have hereunto Set their hands & Seals the 27th Day of Septr Annoq Domini: 1715...

    Wee ye Subscribers being Chosen and appointed by John Morrell Junr & Richard Chick of Kittery... to arbitrate & Decide a Controversie between them... we haveing accordingly mett on The place heard ye pleas & Debates of both partyes & Seen their Titles & Evidences Doe upon Delibertate Consideration of all curcumstance Judge it meet & Just that the bounds between them Do begin at a red Oak Tree... Do forever hereafter remain ye proper Estate of ye sd John Morrell Junr... & ye Land on ye Contrary Side unto sd Richd Chick... And further wee do Allow ye sd Richd Chick ye priviledge of passing to & from Sturgeon Creek with his Teeam &ct wch Landing place Shall be Joyning to Samll Smalls bounds by ye red Oak Tree first above mentioned ye sd Chick Keeping up ye fence So that sd Morrell may have no Damage yr by Witness our hands & Seals...

    John Heard
    Jos: Hamond"(13)

    John was also part of a committee along with Nicholas Shapleigh, John Tompson, Stephen Tobey, Daniel Fogg, Samuel Small, Thomas Weed, Nicholas Gowen, Joseph Hodgdon, Jonathan Stone, Benjamin March and Daniel Emery to partition 300 acres in Berwick along with the falls, dams and rivers 7 Apr. 1718 which was completed 2 June 1718.(14)

    "To all Christian People to whome these presents shall come John Heard of Kittery... Yeoman, Sends Greeting Know ye that ye sd John Heard for & in Consideration of ye Sum of Twenty pounds Currant money of New England to him in hand paid... by Joseph Pilsbery of Kittery... Blacksmith... Sell... unto ye sd Joseph Pilsbery... a Certain Tract of percel of Land Containing Ten acres Scituate lying & being in Kittery aforesaid & it is a part of a lot of Land laid out to James Heard at ye third Hill ye 31st day of December 1674 Containing one hundred & twenty Nine acres which was laid out to ye sd James Heard in part of his grant from ye Town of Kittery of one Hundred & fifty acres... In Witness whereof ye sd John Heard hath hereunto Set his hand & seal ye Seventeenth Day of May in ye Year of our Lord one Thousand Seven hundred & Twenty & in ye Sixth Year of ye Reign of our Soverign Lord George by ye Grace of God King of Great Brittain...

    Signed Sealed & Delivered             John Heard
    In presence of us
    Richard Thurla
    Noah Emery
    Francis Allen

    York may 17th 1720 Capt John Heard above named acknowledged ye above written Instrument to be his free act and Deed before Charls ffrost Jus: Peace"(16)

    John was one of the appraisers of Ichabod Plaisted's estate 22 Dec. 1721(17)

    Capt. John had a tavern license in 1722.

    "To all People to whom this Present writing shall come Greeting Know Ye that we Robert and Mary Evens of Mendon in the County of Suffolk in New England for divers good causes and Considerations us moving have remised released and forever quit Claimed... unto Capt John Heard of Kittery in the County of York in New Engd aforesd Gent... all that Right... wch we the said Robert & Mary Evens ever had now have or ought to have of in or unto a Certain Estate of Inheritance Left unto us by our Hond Father James Heard of Kittery aforesd Decd... we the said Robert & Mary Evens have here sett to & Affixed our Hands & Seals the Eleventh Day of June Annoq Domini 1725, an in the Eleventh Year of his Majesties Reign George by the Grace of God over great Britain france & Ireland King Defendr fie Die... Att his Majs Court of Genl Sesseso for the Peace at Dover Nathan Bartlett & Anna Evens now Anna Hussey appearing in Court made Oath that they saw Robert Evens & Mary Evens within namd Sign Seal & Deliver the within Instrumt..."(18)

    "To all Christian People to whom these Presents shall or may come Greeting Know ye that John Wooden of Salem in the County of Essex Yeoman & Katherine Wooden his Wife one of the Daughters of James Heard late of Kittery... for & in Consideration of the Sum of nine Pounds to them in Hand paid by Capt John Heard of Kittery... Gent...all their Right... that they ever Had now have or hereafter may have or ought to have off & into the Estate of their aforenamed late Father James Heard Decd... 14 Day of June... 1725"(19)

    "To all Christian People to whom these Presents shall or may come Greeting Know Ye that Samuel Small of Kittery in the County of York Yeoman and Elizabeth his Wife one of the Daughters of James Heard late of Kittery... in Consideration of the Sum of Ten Pounds to them in Hand paid by Capt John Heard of Kittery... Gent... all their Right... that they ever had now have or hereafter may have or ought to have of & into the Estate of their aforesd late Father James Heard Decd... ninteenth Day of June Annoq Domini 1725"(20)

    "To all Christian People to whom these Presents shall come Greeting Know Ye that we Moses Gilman Senr and Moses Gilman Junr of Exetor in the Province of New Hampshire Husbandmen John Lord of said Exeter Joyner & Abigail his Wife John Longee of sd exetor Cordwr & Anne his Wife Nicholas Smith of said Exetor Cordwainer and Judath his Wife Abnes Thurston of said Exeter Cordwainer & Shuah his Wife & Eliza Gilman Datr of said Moses Gilman a Singlewoman for & in Consideration of the Sum of Twenty Pounds currant Money of said Province to use in Hand paid... by Nathan Bartlet of Kittery in the County of York Tanner... all the Estate... Interest or Demand wch we... have or ever had of in & unto all or any Partes of the Real & Personal Estate of James Heard of Kittery aforesd Deceased Father in Law to me said Moses Gilman Senr & Grand father to us the said Moses Gilman Jur John Lord & Abigail Lord John Longee and Anne Longee Nicholas Smith & Judath Smith Abner Thurston and Shuah Thurston & Eliza Gilman... wch the said James Heard Died possessed of... Third Day of July Anno Domini 1729"(21)

    "In the Name of God Amen the fifteenth day of January in the thriteenth year of ye reign of King George ye Second Annoque Domini One thousand Seven hundred and thirty nine I John Heard of Kittery in the County of york within ye Province of the Massachusetts Bay in New England Gent being aged and weak but of perfect mind & memory & expecting the time of my death is near do make and ordain this my Last will and Testament = Recommending my Soul into the hands of Christ my Redeemer in & through whom alone I hope for Eternal salvation and my Body to a decent Christian Burial at the Discretion of my Executor hereafter named and as Touching such worldly Estate wherewith it hath pleased God to Bless me in this Life I give and bequeath the Same in ye following manner & form viz.-

    Imprimis It is my will that all my just debts & funeral Charges & all dues & demands that are Lawfull against me shall be first paid and discharged by my Executor out of my Estate real or Personall or both as my Executor shall find most necessary and convenient as also all ye charges & expenses which my Executor shall be at in Executeing of this my will-

    Item It is my will that my Farm whereon I now Live at Sturgeon Creek that is to say so much of it as was the farm of my grandfather John Heard decd. & given by him to me in & by his Last will & Testament shall be divided according to ye true value for Quantity and Quality to and amongst all my children & ye representatives of those that are dead as follows vizt. The tow children of my son James Heard decd. Namely Sarah & Phebe to have a double portion betwixt them so as to make Each of them Equal to Each of my Daughters Dorcas Tucker, Shuah Bartlet, Phebe Stevens, mary Barter, & Abigail Hubbord & to each of them the said Dorcas, Phebe, Shuah Mary & Abigail and to ye children and representatives of my daughter Jane Coffin decd. Equall portions that is to say ye said children & representatives of my daughter Jane decd. To have so much as to make all but one portion equal to nine aforesaid ( ) single portions- Always Provided that those of my sons in Law who have built or made any Improvements (by my Leave) on any part of ye said farm shall have ye same (if they choose it) reckoned only as so much Land in part of their wives shares Saving to themselves their buildings and Improvements-

    Item I give and bequeath unto my well beloved daughter Shuah Bartlet my Silver Tanker she paying unto each of her sisters namely Dorcas, Phebe, mary and Abigail one fifth part of the value thereof

    Item I give and Bequeath unto my well beloved grandson John Heard Bartlet fifty Pounds to be paid to him (without interest) by my Executor when he shall arrive to ye age of twenty one years or sooner if my Executor shall see meet-

    Item I give and Bequeath unto my well beloved grandson John Heard Hubbard thirty pounds to be paid to him (without interest) by my Executor when he shall arrive to ye age of twenty one years or sooner if my Executor shall see meet-

    Item I given and bequeath unto my well beloved son in Law Nathan Bartlet and his Heirs forever that parcel of Land on ye south side of the High way where his Barn now stands to the Quantity of one acre for Convenient yard to & about the said Barn (it being Land which I bought)-

    Item I do hereby nominate and appoint my well beloved son in Law Nathan Bartlet to be the sole Executor of this my Last Will & Testament And my Will is and I do herby Impower order and appoint my said Executor to sell all my Estate Right title and Interest of in and unto all & every part and parcel of the common & undivided Lands in Kittery and Berwick as it is stated proportioned & divided or as it may be stated proportioned or divided and fifty acres of Land of mine in Berwick near Little river and all other my Estate Real & Personall whatsoever and wheresoever it is or may be found in the Best manner he may or can and to dispose of the money thereby produced for & towards the payment of all Lawfull Debts dues & Demands that are or may be against me & ye funeral charges & his own necessary Expenses as aforesaid and the Legacies by me given in this my will And the overplus to divide to and amongst all my children and the Legal representatives of them that are deac in Equal protions in which division ye children of my son James aforementioned shall not have any double portion but only a single share or portion- Equally divided betwixt them & so of ye children of my daughter Jane Coffin decd.- Provided always and it is my will that my Children & their representatives aforesaid shall forever Rest satisfied and Contented that in the division of the farm aforesaid my sons in Law who have Built upon and made Improvements of any part therof as aforesaid shall have such Buildings & Improvements to themselves respecitively only allowing ye Quantity of Land as is aforementioned and Provided also that they & each of them Release unto the Heirs or assigns of Nathan Lord Decd. All Right to that Little parcel of marsh which I sold or Exchanged to ye said Lord Lying in Sturgeon Creek marshes- which if any of them shall refuse to do then such as shall so refuse shall be & hereby are excluded and forever Declared from having any part share or Portion of what I herein order to be sold & divided to and amongst them- as aforesaid- any thing in this my will not withstanding- In Witness whereof I the Said John Heard hereunto set my hand & seal ye Day & year first above written-

    Signed sealed Pronounced & declared his
    By the said John Heard as his Last John J Heard
    Will & Testament in Presence of mark
    Samll Thomas
    Edmd Coffin
    Robert Cutt
    Joshua Small
    Noah Emery

    In the name of God Amen the twenty Eighth day of September Anno. Domini One thousand Seven hundred and forty One I John Heard of Kittery in the County of york within the Province of the massachusetts Bay in New England Gent. Having made signed sealed Pronounced and declared my Last will and Testaments bearing date the fifteenth day of January in the thriteenth year of the reign of King George the Second Annoque Domini one thousand Seven hundred & thirty nine therein and therby dispossing of my Estate real and personal & appointing my son in Law Nathan Bartlet my Executor- And through Infinite Goodness my life being Prolonged to this time and my memory good & perfect (Tho Bodily weak) I have well Considered my said Last will & Testament in Every article & Clause it being this day distinctly read in my my Perfect hearing- I do hereby Establish ratify and Confirm ye same Last will & Testament as the true and just declaration of my Mind and will with respect to ye disposition of my Estate- with only the addition and alterations hereafter in this codicil mentioned which I do hereby order and Appoint to be taken received Observed & Executed as part of my said Last will and Testament that is to say- That whereas in and by my said Last will and Testament I did give and Bequeath unto my well beloved grandson John Heard Bartlet fifty Pounds to be paid to him (without interest) by my Executor when he shall arive to ye age of twenty one years or sooner if my Executor shall see meet- I do hereby ratify and confirm that Bequest & in Consideration that his father intends to Educate him at the Colledge I give and Bequeath unto him ye said John Heard Bartlet a further sum of fifty Pounds to be paid to him (without interest) out of my Estate as soon as he shall have Perfected his Studies at ye colledge so far as to Commence Bachelor of Arts but if he ye said John Heart Bartlet shall dye before he shall so Perfect his Study then my will is that the said fifty Pounds and also ye other fifty Pounds aforementioned shall be to and for ye use of his brother my grandson Nathan Bartlet Provided he the said Nathan shall be brought up at the Colledge as aforesaid but in case he shall not be brought up at ye Colledge & in case of his brothers death as aforesaid then ye said Nathan shall have only one of the fifty Pounds aforesaid-

    Item My further will and Pleasure is that my Pew in ye meeting house in this Parish where I now Live shall be and remain to & for ye use of my children & grandchildren such as have occasion to use it from time to time & not to be sold from them-

    In Witness that this Codicil written upon ye same sheet of paper whereon my will aforementioned is written shall be taken & Executed as part of my will I hereunto set my hand & seal ye aformentioned 28th day of Sept. 1741

    In Presence of his
    John Rogers John J Heard
    Robert Staple mark
    Robert Cutt
    Joshua Small
    Noah Emery

    A True and Perfect Inventory of all and singular the goods Chattles rights & Credits of Capt. John Heard Late of Kittery in sd County Deceased Taken and apprised by us the subscribers as they were shewn to us by Capt. Nathan Bartlet Executor to the Testamt of the sd deceased November the 25th 1751 Vizt.

    To Wearing apparell Lawfull money �2-13-4
    To a Small ( ) 18/8 an Iron Spit � 1-2-0
    To 7 old chairs 6/ Shovel & tongs 2/8 warming pan 4/ 0-12-8
    To a pair old broken hand Irons Wgt/ 20 lb 0-4-0
    To 12 lb old Iron 2/4 to 2 old Broken Bedsteads 2/8 0-5-0
    To Iron curtain rods 4/ a pair old curtains 8/ 0-12-0
    To some Beding & Bolster 48/ old puter 11/4 2-19-4
    An old auger & Chizel tramil kittle & 2 Broken pots 0-6-0
    To an old oak table and a pine ( ) 0-5-4
    A pair of small old ( )yards 0-1-4
    To about two hundred acres of up lands meddow belonging to the home lott with the
    buildings & appurtenances thereto belonging 534�
    To six Cows With hay to winter them out at 88/ each 28-8-0
    One yoke steers coming in four 10-0-0
    One yoke do comeing in three 5-13-4
    One yoke do comeing two years old 5-6-8
    Two heifers comeing two years old 4-16-0
    To four Calves 96/ six sheep 48/ 7-4-0
    An old mare 40/ a mare coult 120/ 8-0-0
    Note all the above cretures is valued with hay sufficient to winter them out well
    To a Pew in the meeting house in the upper parish in Kittery 4-0-0
    _______
    �615-9-0
    To one hundred acres of Land above the Little River in Berwick in the
    Division of commons 26-13-4
    One hundred moore on the south of sd river 13-6-8
    One hundred acres moore in the fourth ( ) 13-6-8
    Fifty acres more of Less Laid out near sd Little river 6-13-4
    A drawing knife & some old Iron 0-2-0
    ________
    �675-11-0
    Caleb Emery
    James Gowen
    Samuel Fernald"(1)

    John Heard's will- page 1, page 2, page 3, page 4, page 5, page 6

    From the map of the division of the estate
    "Note the Letters
    A The Dwelling House of Capt. Nathan Bartlet with two acres & 55 rods of Land adjoyning
    B The House of Capt. Heard Decd
    C one acre of Land round said Bartlets Barn 20 rod long & 8 rod wide
    D The dwelling House of Moses Hubbard
    E The dwelling House of Doctr Coffin

    No 1 Contains 21 acres
    No 2 Contains 10 acres
    No 2 Contains 9 acres
    No 3 Containes 31 � acres
    No 4 Containes 33 � acres ( )
    No 5 Contains 31 acres
    No 6 Containes 31 � acres
    No 7 and no 7 33 acres

    Map of the division of the estate

    Kittery april the 4th 1752 We the Subscribers being appointed by the sd Jeremiah Moulton Esqr. Judge of the Probate of Wills and for Granting Letters of administratn in sd County as of his Commission to us directed bearing Date the 6th day of Jan. 1752 We have made a just and true division partition of the farm mentioned in sd Commission to & amongst the children of Capt. John Heard Late of Kittery aforsd Deceased and the representatives of those that are dead as followeth vizt. The two children of his son James Heard deceasd namly Phebe Lord and the heairs of Sarah Chadbourn deceased to have a Double Portion betwixt them so as to make the said Jameses daughters Each of them (or their Legal representatives) Equal to Each of the sd John Heards Daughters namely Dorcas Tucker, Shuah Bartlet Mary Barter and Abigail Hubbard and to the children or representatives of Jane Coffin to have so much as to make but one portion Equal to one Single Shair, Which division or partition We have made With regard to Quality as well as Quantity according to the Testators Will and have made a Plan thereof and Nombered the Severall Lotts run the Lines and Sett up bounds between Each Lott as set forth in this Plan according to our best skill & judgmt and agree humbly to report as followeth that the Heirs or Legal representatives of Janes Coffin deceasd shall have and We have sett of to them the Lott No one in sd Plan as their full Portion of the upland reserveing Liberty for any of the children to bury their dead in the burying place 2dly we have Likewise set to Dorcass Tucker two Lotts nombered two with the house and barn as her full shair of the upland reserveing to Capt. Bartlet Liberty to take his hay out of the barn and haul away his dung as ( ) as may be and carry the water through a spout from ye Spring to his ( ) as usual (thirdly) We have sett of to Shuah Bartlet Lott Nombered three in sd Plan as her full shair of the upland (fourthly) We have sett of to Phebe Lord two Lotts nombered four in sd Plan as her full shair of the upland (fifly) We have sett of to the Heirs or Legal representatives of Sarah Chadbourn deceased the Lott nombered five as their full shair of the upland (sixthly) We have sett of to Mary Barton the Lott nomered Six in sd Plan as her full shair of the upland (Sevethly & Lastly) We have sett of to Abigail Hubbard two Lotts nombered seven in sd Plan as her full Shair of the upland all which together with this Plan is offered and Humbly submitted by us whose names are signd on the End of ye Plan Note the devision of the marsh in another Plan <which is no longer in existance>

    Simon Emery
    Caleb Emery
    Samuel Fernald
    Benj:a Story
    ( ) Clark"(1)

    Issue- First four children by Phebe, last three by Jane. All children born in Kittery.

  • I. Dorcas- b. 26 Feb. 1690/1, m. 21 Nov. 1717 Hugh Tucker (m.1. Bridget ______)
  • II. Phebe- b. 15 Jan. 1692, m.1. Abraham Morrell (d.s.p.), 2. 1724 Thomas Stevens of Newcastle
  • 4III. SHUAH- b. 25 Jan. 1694, m. 10 Mar. 1714 NATHAN BARTLETT (b. 23 Dec. 1691 Newbury, MA, d. 1775)
  • IV. James- b. 21 Jan. 1696, m. 7 Apr. 1720 Mary Roberts of Dover (m.2. 1 May 1726 Samuel Wingate of Dover)
  • V. Jane- b. 18 June 1699, m. 15 Nov. 1719 Tristram Coffin of Dover
  • VI. Mary- b. 24 Aug. 1700, m. 1 July 1722 Henry Barter (b. 29 Jan. 1697 Kittery)
  • VII. Abigail- b. 15 Apr. 1702, m. 26 Dec. 1723 Moses Hubbard (b. 8 July 1700 Kittery, d.c.1757)

    Ref:

    (1) York County Probate- No. 8972
    (2) York Deeds- Vol. VII, folio 233
    (3) Ibid- Vol. IV, fol. 130
    (4) Ibid- Vol. V, fol. 40
    (5) Ibid- pt. II, fol. 4, 6, 7, 17, 51, 54-5, 58, 60, 68, 73, 106, 112
    (6) Ibid- Vol. VI, fol. 60
    (7) Ibid- Vol. VII, fol. 151
    (8) Ibid- fol. 114
    (9) Ibid- Vol. VIII, fol. 47
    (10) Ibid- fol. 79-80
    (11) Ibid- fol. 82
    (12) Ibid- fol. 229
    (13) Ibid- fol. 139
    (14) Ibid- fol. 84-6
    (15) Ibid- Vol. IX, fol. 265-6
    (16) Ibid- Vol. XI, fol. 43
    (17) Ibid- fol. 53
    (18) Ibid- Vol. XVIII, fol. 107
    (19) Ibid
    (20) Ibid
    (21) Ibid- fol. 109

    Genealogical Dictionary of Maine & New Hampshire- p. 322

    "Old Kittery and Her Families"- pp.511-2
    "Old Families of Salisbury and Amesbury"- p.571


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