In the numbered parts (which I've highlighted) of the probate for Joseph Eayers pictured below:
- Does that mean Joseph was a widow? And what does the "third" and "excepted" part mean?
- Does "incapable of a division" mean there was dispute/fighting over splitting the will? The signing of this in 1799 was a year after Josephs death in 1798 so this may explain the year long gap. If not, how long would it take for wills have been processed in early America?
- There was thought Joseph (Sr.) had a son named Joseph (Jr.) as well. In this instance, is the will referring to dead Joseph Sr. or alive son Joseph Jr.? And if its the son Jr, is he the one that pays out his father inheritance to his sibling "co-heirs"?