262 Provincial Court Proceedings, 1658.

Liber
P. C. R.

& in nature of a free-Joynture endowed, unto Will^m Elltonhead
gentⁿ & Rob^t Clearke gentⁿ ffeoffees in trust; for & in the behalfe of
the s^d Jane, Three negro seruants (Viz) Two negro men, & One
negro woman, to say, William Allington & Tom: Payne: & Nan: &
all their issue both male & ffemale, Six Milch Cowes & Three heyfers
w^th their encrease, Two yowng Mares, & a Stone horse, w^th their
encrease. One halfe of the howshould goods, that shall bee in the
possesⁿ of the s^d Cuthbert att the hower of his Death, w^th all the
wearing cloaths, ringes & Jewells of the s^d Jane, To haue & to hould

p. 219

the sayd Recyted premises & euery part thereof unto her the s^d Jane,
& the hey res lawfully begotten betweene mee the s^d Cuthbert ffen-
wick, and shee the s^d Jane, whither male or ffemale (or both) to bee
equally deuided after her Decease, Prouided allwayes th^t the same &
euery part thereof graunted as afores^d, shall bee & remaine to the
only use, benefitt & behoof e of mee the s^d Cuthbert during my Natur-
all life, And in case I the s^d Cuthbert shall happen to depart this
life w^thout issue betweene mee the s^d Cuthbert & shee the s^d Jane as
afores^d, That then the s^d demised premises & euery part thereof, w^th
the proceed, profitt, & increase thereof shall bee & remaine to the
only use, benefitt, & behoofe of the s^d Jane her heyres, Execute^rs, or
Admistrato^rs, And for the true & reall p^eformance of this Deed &
euery part & parcell thereof, in manner & forme afores^d I the s^d
Cuthbert ffenwick doe bind ou^e unto the s^d Will^m Eltonhead gentⁿ &
Rob^t Clearke gentⁿ. The sayd Three Negros, & Three other Negros :
the s^d six Cowes, & other Six Cowes, The s^d Three heyfers & other
Three heyfers, The s^d Two mares & other Two mares: The s^d
Stone horse, & one other Stone-horse, To bee all lyable & responsable
for the full assurance of making good the afores^d Joynture for the
use of the s^d Jane, her heyres Executo^rs or Admistrato^rs as afores^d.
In wittnes whereof I the s^d Cuthbert ffenwick haue hereunto sett my
hand & Seale the first day of this instant August, Anoq^e Dni 1649.
Signed, Sealed & Deliuered in the p^ence Cuth: ffenwick Se X ale.
of us for the uses afores^d
ffrancis x x Brooke
Charles Rawlinson.

(Vide I
Baldwin
Md. Calen-
dar of Wills
219)

M^r ffenwicks Will. In the name of God Amen, I Cuthbert ffen-
wick being sick of Body, but in p^efect memory, Doe make my last
Will & Testam^t as followeth, ffirst I bequeath my Soule to Allmighty
God, & my Body to the Graue, As as for my Temporall Estate, I
desyre it may be deuided as followeth.
Imp^r. I giue & bequeath unto my louing Wife Jane ffenwick, all
th^t Parcell of Land Lying Westward of the Deepe Branch of S^t
Cuthberts neck, to bee att her disposing.
It. All the Rest I doe desyre should be deuided equally amongst
the Children that is to say Cuthbert ffenwick, Ignatius, Robert,