I Henry Kerley of Marlborough in the county of Middlesex in the province of Massachusetts in New England now in health through the Mercy of God. Doo make & ordain my last Will and Testament in Manor and forms following, After the resignation of my Emortal Soul to God who gave it in hope of Eternal Life through My Dear Redeemer Jesus Christ and of my Body to the Dirt from which it is originally I dispose of my worldly estate as followeth: Viz I will that all my debts which I owe to any person be well and truly paid and I give to Elizabeth my loving wife all my moveables which she shall have the use of during the time of her natural life and I give to my loving wife Liberty to dispose of the best cobbard with the cloath there to belonging with a trunk and a joynt stool all which was my honorable fathers Deacon William Ward disposed as she shall for most with a pair of handforms to be at her disposal. And to my daughter Elizabeth wife of Daniel How I give five pound and to my daughter Mary wife of Jonathan Johnson I give five pound and to my daughter Hannah wife of Zerubable Eager I give five pound And to my daughter Mercy I give twenty pound because she hath not had a portion as yet and if either of those did before their part shall be dead it shall be to their children and after the Death of my wife what is left of my estate after the death of my wife shall be equally divided into my children fore named.
And I make Elizabeth my wife Executrix of this my will: and my loving brother James Woods and John How my son in law to be over seers of this my will. Witnesses: John Woods, Sr. Henry Kerley James Woods Nathaniel Johnson
Filed after the death of Henry Kerley: Our sister Mercy Carley received of our Father Carley's estate at her marriage nearabout ye sum of ten pounds in money, too cows, a featherbed and furniture and two chests.
Signed, Widow Johnson
To the Honorable Francis Foxcroft Esq. Judge for the Probate of Wills for the County of Middlesex
The humble petition and ________of Joseph Rice of Marlborough in the County of Middlesex, Yeoman in the the Right of Mercy his now married wife who was one of the daughters of Henry Kerley late of Marlborough.
That if Henry Kerley for and in consideration of love and affection which he had and did bear toward his said daughter Mercy the wife of your petitioner did by a deed of gift under his hand and seale dated the fifth day of July 1713 in the presence of three witnesses of _______subscribed freely clearly and absolutely give and grant ot Mercy and her heirs all such Estate as he shall leave at his death and requiring her to pay to her sisters five shillings apiece on or by the date more fully at large appear to your Hon. of soon or of same court proved and Recorded, which cannot be done until proved in open court it not being of you acknowledged. And in as much of this if a will found which was made many years before the Deed of Gift which some of the children of the Deceased either have presented or intend to present to you Hon. in order to aprobate, your petitioner therefore humbly pray that your Hon. would pledge to suspend probate of the Will while such time of your petitioner (for your honorable and better satisfaction) can procure from the public registry of this County either the original Deed before noted or an Authorized copy thereof, and in the meantime admit a challenge to the Estate.
John Woods, Sen. Nathaniel Johnson, Sen. & Isaac Amedon Sen. - Being of full age, testifiesth and saith we being _____neighbors unto Capt. Henry Kerly (now deceased) and being often with him in our _______and private visits, and we have reason to believe and judge that for some considerable time before his death; that the said Kerly's reason understanding and sound judgment was so much impaired that he was not in a capacity to dispose of his Estate - and further testifieth that althoud the sd Henry Kerly was not to our knowledge was not wholly ______of his understanding, yet according to our best judgment he was for many months before he died uncapable or rational discourse or taking any care of ______of what he had to leave behind him and it _________was so with him for the space more than a year before his death.
January 23:1713-14 Deacon John Woods Lieutenant Isaac Amedon and Nathaniel Johnson appeared before me and made oath to the truth above written. Tho. How, Justice of Peace Middlesex County Probate Record 13156, Family History Library Film 416784