Agreement between Hezron and Thomas Leavitt of Hampton, 1702/3

Return to probate index

Artickels of agreement made this fifteenth day of febeuary 1702: three between Hezron Leavvitt of Hampton in New Hampshr in New England of ye one partie & his Son Thomas Leavvett of ye Other partie Wittneseth yt I ye sd Hizron Levvitt do Covenant Promise & ingage to & with ye sd Thomas Levvitt yt he shall have ye use & improvement of all my Dwelling House out houses Tanyard & all yt is therein as allso all my Lands Meadow & Mashes (Excepting only ye on half of my lott in ye North plaine adjoyning to Isaac Marstons Lott) as also all my Cattell Horses &: Swine, as allso on bed with all ye bed Clothes thereunto belonging as also all ye Moveabls & Houshold Stuff Now in ye House & all Moveabls both Within Dors &: without all during my Naturall life but Reserve to my Self ye Disposing of ye Moveabls yt is now in ye house at my decease I ye sd Thomas Levvett Do Covenant promise & Agree to &: with my sd ffather Hezrom Levvett yt I will ffaithfully & Carefully allow unto my Sd ffather & Mother theire Living in ye Said House in which roome they please as also to Maintaine them with A Honourable & Comfortable Maintainance as to meat Drink Clothing & afier allways provided for them & Every thing Suttable to make there lives Comfortable with what they Shall be pleased to doe themselves over & above besids what my ffather Doth Geet by his practiz & my Mother by Stilling which they are to Have for there own use: I also Promis & Ingage yt if it Should please god that my ffather Should Happen to Die within one yeare after ye date hereof that I will pay unto Every on of my fower Sisters five pounds apece but if he Live above a yeare after ye Date hereof I am to pay Nothing to my Sister Lidia Sambron nor to my Mary Thomas: & if my ffather Dye within two years after hereof then I am to pay five pound to my sister Abbigall Levvett & five pound to my sister Sarah Levvett but if my ffather live above two years after ye Date hereof then I am to pay them Nothing, but they are to have ye Houshold Stufe devided amongst them according as my father & Mother please & if it Shall pleas god yt I Happen to dye before my Sd father then all his Estate yt Shall be then in being in my hands at ye time of my Deceace Shall all Return into ye Hands of my ffather againe as formerly but if it Should Happen that I Should Leave a wife & Child or Children at my Decease then my Wife is to Have all that is Hers that She bring with her to me She is also to Have all yt is mine yt I doe produce & bring unto ye house by my Labour & industry And my father is to give my Child or Children an Equall proportion of his Estate with his own Children I ye Sd Thomas Leavvitt am to pay all Depts yt my ffather owe & to Receive all debts Due unto him to free him from any truble thereabout: And if it shall at any time fall out yt my ffather or Mother Shall think yt I neglect my Duty in not providing for them yt which Shall make there lives Comfortable according to all above Written It Shall be Ajudged by two or three Indiferant Men Chosen by us who if they shall adjudge yt I have not performed this above Written agreement Relating to ye Honourable & Comfortable Maintaining of my Sd ffather & Mother in Every Respect as Above mentioned yt then it shall be in ye power of my Sd ffather to ReEnter upon all ye sd Houses & lands and Estate yt was his without any Suitt att Law for ye Same & peaceably to injoy ye Same as formerly: but if it shall so fall out yt their shall be no Re Entry upon ye Same as abovesd Then I ye above Mentioned Hizrom Levvitt doe Give Grant & Confirme unto ye sd Thomas Levvitt all and singuler my Dweling house out houses Tan House tanyeard with all therein & thereunto belonging with all my Right Title & intrust yt I have in any Lands Meadowes or Mash ground in what place so Ever or where so Ever ye same Shall lay or bee Excepting only ye on halfe of my lott in ye North plaine Commonly so Caled Adjoyning to Isaac Marstons: ye above mentioned Thomas Levvitt To Have & to Hold and Peaceably to injoy all ye above Mentioned Houses & lands Excepting what before Excepted) to him ye Sd Thomas Levvett his heirs Executrs & assigns to his & their owne proper uses & behoofes for Ever freely & Quietly without ye least lett Henderance or Molistation of me ye Sd Hezrom Levvitt Moreover it is to be understood yt whereas it is Said above yt Thomas Leavvitt is to have ye use of ye Moveabls the intent is ye Moveables without Doars but not ye houshold stuff Nor Movables within doars: Now & it is to be understood yt ye Sd Thomas is to Maintaine his father & Mother as above Sd both during there Naturall lifes & ye Said Hizrom Livvitt or his Wife to have ye Milk of on Cow if he or she desierit during yt time to be improved ffor their Maintainance & if ye sd Hizron Levvett Dye before his Wife & ye sd Thomas Levvett neglect his Dutey in Providing for his Mother & it be so adjudged as abovesd then shee is to have ye use of So much of ye land & Estate as will make Her life Comfortable during hir Naturall Life & if it Should happen yt ye Sd Thomas Levvett pay any of ye above Written Legecys he is to pay but five pound a year beginning att ye Eldist first & So as they are of age And for ye Conformation of all above Writen wee ye sd Hezrom Levvett & Thomas Leavett Have hereunto put our Hands & Seales this fifteen day of febeuary on thousand Seven Hundred: and two three & in ye first yeare of Her Majts Reigne Queen Anne Over England &c:---

Hezron Leavit (saeal)
Thomas Leavit (seale)

John Tayler
Samuell Smith

[Deeds, vol. 13, p. 237.]