ALBUOY, MIRIAM
W12a:17
15 May 1761

In the name of God, Amen, I MIRIAM ALBOUY of Devonshire Tribe in the islands of Bermuda, widow, being sick and weak of body but of perfect mind and memory, thanks be to God, therefore I do this 15th day of May in the year of our Lord 1761 make and establish this my last will and testament, in manner following, that is to say:
First, I commend my soul to God, and my body to be buried at the direction of my executors hereafter named, and as for my worldly estate I dispose thereof in manner following.viz. I will that my share and quarter of a share of land, situate, lying and being in Devonshire Tribe aforesaid in the islands aforesaid, be the same more or less, whereon I now dwell, be divided by my executors hereafter named, and 4 equal parts or shares and each part or share shall be separately valued by three honest and honorous men to be nominated and chosen by my executors. Then I give and devise to my son BENJAMIN ALBOUY my mansion house and the fourth part of my land aforesaid whereon my said mansion house with the appurtenances thereunto belonging, to him the said BENJAMIN ALBOUY and his heirs forever. but if my said son BENJAMIN ALBOUY should die without lawful issue, then I give and devise my said house and fourth part of my aforesaid to my grandson PETER ALBOUY the son of my son BERNARD ALBOUY to him the said PETER ALBOUY and his heirs forever. Then I give and devise to my son BERNARD ALBOUY whichsoever of the remaining three parts not before given that he shall choose, to him the said BERNARD ALBOUY and to his heirs forever. Then I give and devise to my grandchildren NICHOLAS ALBOUY, JOHN ALBOUY, MIRIAM ALBOUY, and ANN ALBOUY ( the children of my son JOHN ALBOUY deceased) whichsoever of the remaining two parts not before given they shall choose, to them and their heirs forever. Then I give and devise to my daughter JEHOSHABATH WATTLINGTON, the wife of FRANCIS WATTLINGTON the remaining fourth part of my land aforesaid not before given to her the said JEHOSHABATH WATTLINGTON and to her heirs forever. Provided nevertheless, and it is my will that if either of my sons BERNARD ALBOUY or BENJAMIN ALBOUY or my daughter JEHOSHABATH WATTLINGTON shall be contentious, litigious or otherwise refuse to submit to this my last will and testament or any devise therein occurring to my true intent and meaning therein, he or she so contending, litigating, or otherwise refusing as aforesaid, shall take nothing by this my last will. But I give and devise his/her or their part or parts so contending as aforesaid to him or her who shall use all lawful ways and means to procure the due execution of this my last will and testament. And further if my grandchildren NICHOLAS ALBOUY, JOHN ALBOUY, MIRIAM ALBOUY or ANN ALBOUY above mentioned or either of them shall be contentious as aforesaid or otherwise refuse to submit to the due execution of this my last will, in giving or attempting to give or grant my land aforesaid or any part or parcel thereof contrary to the express intent and meaning of this my last will, he or she so acting shall take nothing by this my last will. but I give and devise his/her or their part or parts to my other child or children who shall use their lawful endeavors to the due execution of this my last will as aforesaid. And also my will is that if any or either of the legatees or several above mentioned shall sell or dispose of their part or parts of the land aforesaid, that they so willing to sell should give the refusal of such their part or parts to the other abovesaid, in the order in which they are mentioned above, that is, first to BENJAMIN ALBOUY, and so of the rest. And further that if any part or parts of my land aforesaid shall be valued more than the rest then he, she or they possessing such part or parts of greater value shall provide or otherwise satisfy the other devisee or devisees whose part or parts are of less value, so that all parts or shares be made equal in value.
And lastly, I do nominate and appoint my sons BERNARD ALBOUY, BENJAMIN , and WILLIAM MORRIS of Devonshire Tribe in the islands Bermuda aforesaid Esquire, executors of this my last will and testament.
In witness whereof I have hereunto set my hand and seal the day and year above written.

Signed, sealed, published and declared in the presence of us.....
BENJAMIN WILLIAMS   JOHN WILLIAMS   ELIZABETH WILLIAMS

proved 19 November 1765 by JOHN WILLIAMS and BENJAMIN WILLIAMS. GEORGE BRUERE, Governor