Ephraim Tuttle Will

Woodbury Probate Court Vol. 1, pp. 164

Woodbury, Connecticut

At the Court of Probate held in Woodbury Aug^st 6 1753 –

Joseph Tuttle and Caleb Tuttle both of Woodbury the sons of Mr Ephraim Tuttle late of Woodbury, appeared in court and exhibited the Last Will of the above deceased in or onto its approbation, which being read & considered, and no objection made against the same, it is now approved and accepted to be entered.

Joseph Tuttle & Caleb Tuttle being appointed in the aforesaid Will, Executors thereof on the date above in court declared their acceptance of s^d trust, and themselves bound unto this court in a recognisance of fifty pounds each of them in new tenor bills of the colony of Connecticut that they will be faithful unto the above ??? in them  -  as attests A Stoddard Register.

                        The Will

In the name of God amen; the Last Will and Testament of me Ephraim Tuttle

of Woodbury in the County of Fairfield in the colony of Connecticut in

New England; being at perfect in the state of health and perfect mind and

memory (thanks be to God therefore) but calling to mind my mortality knowing

that it is appointed unto man once to die, and not knowing the day of my

death, do therefore make and ordain this my Last Will and Testament and principal

by and first of all, I give my soul unto God who gave it, and my body to the earth

to be buried in decent Christian burial, after the discretion of my executors here

after named, hoping in the mercy of God thro Christ for the [resurrection] of the same

at the last day onto eternal life.: And as touching such worldly efforts whereonith

God has blessed me in this life, I give [demise] and dispose of the same in the

following manner - and form, all my just debts being first paid ----

Imprimis, unto my beloved wife, Dinah, I give and bequest one third part

of my [clear]-movable effects to be at her absolute dispose: as also the use of

one half of my [dwelling] house, and of one third part of my barn, & likewise

of one third part of all of my lands during her natural life –

Item     Unto my loving son Ezekiel Tuttle, I give & bequeath one third part of all my

land in Woodbury; what I have given him by deed of gift is to be accounted and reckoned as a part of his third of the land, and my will is that said Ezekiel shall

have in his third that land where his barn is erected, and said sons part shall

be joining on that I gave him by deed of gift: and whereas there are some

apple trees on that part of my land, as above bequeathed unto said son Ezekiel, which

were planted there by my sons Joseph and Caleb Tuttle, now my will is, that

when son Ezekiel comes to be possessed of the land, that then he shall pay unto

his brothers Joseph & Caleb conjunctly the just value of such apple trees

as estimated at that day; and such money to be equally divided between Joseph

& Caleb Tuttle:

Item     Unto my loving sons Joseph & Caleb Tuttle I give and bequeath all the remainder

of my lands, and buildings thereon, to be equally divided between them, saving

that my son Joseph Tuttle shall have five acres more than his brother Caleb.

Item     I give and bequeath unto my loving daughter Sarah, the wife of Hezekiah

Wright, one hundred pounds to be paid her out of my movable effects, this

to be reckoned as s^d [???], and what she hath already received (namely one

cow and a calf which I priced at twelve pounds) to be reckoned as part of the

hundred pounds: Also above the foregoing bequest, I give said Sarah one feather

bed and bedding:

Item     And in case there remains any movable estate after the above bequests &

my just debts are answered, my will is that it be equally divided between

all of my children, Joseph Tuttle, Ezekiel Tuttle, Caleb Tuttle, and Sarah Wright.

Item     I do nominate, [constitute], and appoint my loving sons Joseph Tuttle &

Caleb Tuttle as my executors to see this my will fulfilled:

And I do hereby utterly disallow revoke & [???] any and every other former

Wills, Testaments Bequests and Executors by me in any [???] made or named,

holding for firm abiding this and this only - in confirmation hereof I have

hereonto set my hand and affixed my seal this 30^th day of March A.D. 1747

Published pronounced & declared                                               Ephraim Tuttle

by the testator Ephraim Tuttle to

be his last Will and Testament &           

as such signed and sealed by same

in presence of us the subscribers

   Anthony Stoddard

   Hannah Stoddard

   Esther Stoddard

~

Dec^br 3^rd 1754 the surviving Executor viz, Caleb Tuttle appeared and exhibited and inventory of the above deceased moveable estate and made oath to the truth thereof whereupon it was accepted to be recorded, & is as followeth viz:

April 9, 1754

Prisement of the estate of Ephraim Tuttle deceased

[detailed and itemized inventory]

The sum total of the inventory is found to be £399-17-0                           £399-17-0

On the 3^rd Dec^br 1754 the Executor brought in a list of debts

due from the above estate and they amount to £25-08-0                             £25-08-0

Allowed the Executor for his trouble and charge, comprising

the court fees (£2-12-0) in all £13-12-0                                                     £13-12-0

All the allowances to come out of the total which is £39-00-0 -

There remains clear £360-17-0                                                               £360-17-0

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Aug 6^th 1753 then Anthony Stoddard, and Esther Stoddard now strong whose names are subscribed as witnesses to the within Testament personally appeared and

made solemn oath that they saw the testator Ephraim Tuttle sign and seal

said Instrument and heard him pronounce the same to be his last Will -

and that they signed as witnesses in the presence of the testator, and that

the testator at the time of his perfecting the same was, to their best

[discerning] of perfect mind & memory -

the other witness is deceased.

                                                                                    before me J.S. Minor Judge

Transcribed by James P. Tuttle on November 30, 2007