Excerpts of the
Will of
Samuel Appleton
(1625 – 1696)
Transcribed by Shirley D. Webb
In the Name of God Amen. I, Samuel Appleton senior, of Ipswich in the county
of Essex in New England, do make and ordain this my last will and testament, in
manner and form following; -
Imprimis. I commit my
soul into the hands of GOD that gave it; and my body to decent burial, in hopes
of a resurrection, through the power and merits of my Lord and Saviour Jesus
Christ. And as for my outward estate,
which GOD has graciously given me, I dispose of it in manner and form as
followeth, viz.
To my dearly beloved wife, I
give and bequeath during her natural life, the one half of my dwelling house I
now live in, viz., the south end, the leantoe adjoining thereto, and the dairy
room that she now improves, and half the cellar room, and liberty to do at all
times her household work in that part of the back leantoe where there is a
chimney, together with all necessary privileges of room and place of and for
water and wood adjoining to the house and yard……and the old orchard and that
plow land south of the old orchard on a straight line from the southeast
corner……and the garden adjoining to the south end of the house, and also ten
acres of land next to the land I sold to Anthony Potter, and other estate and
privileges, as shall be exprest in this my will…..My intent is, if my wife
accept of what is given her in this my will, that she shall relinquish her
thirds or right of dowry in the lands given to my son Samuel Appleton.
Item. To Samuel
Appleton my eldest son I give, excepting and reserving the interest and
privileges given to my wife in this my will during her life, all the now
dwelling house I live in, and barns, orchards, gardens, pasture grounds and
lands about them, with the privileges belonging to them being bounded from
Potter’s land, as the fence runneth, from thence to the meadow, called Birch
meadow, and so along, as the fence now stands, to the causey we go over to my
son John Appleton’s house, till we come to a ditch……(more details describing
and delineating the land)….I give to my son Samuel Appleton and his heirs, on
these conditions, that he pay, or cause to be paid, two hundred pounds in good
merchantable corn and cattle, within two years after my decease, viz., fifty
pounds each year to my daughter Judith Wolcott or her heirs, they giving
seasonable notice when they will receive it on this my farm;….and also fifty
pounds each year in like specie on said place as before to the only child of my
daughter Downes; which if my son Samuel fails to perform, then I give and
bequeath to the above said legatees, instead of the two hundred pounds such
part of the land and meadow, as is before given and mentioned to him….to be
equally divided betwixt them or their heirs…….I will also, that if Hannah
Downes should die, before she be married, her share and proportion of land or
pay shall be equally divided between my two daughters Judith Wolcott and
Johannah Whipple, or their heirs.
Item. To my son
John Appleton, I having settled upon him by a deed of gift already, I hereby
confirm the same, and will to him to pay what he is obliged by his said deed to
my wife, if she demand it.
Item. To my
daughter Wolcott or her heirs I give one hundred pounds, to be paid by my son
Samuel as is before exprest, or the land before mentioned.
Item. To my son
Isaac Appleton, having settled land upon him, as by deed of gift may appear, I
do hereby confirm the same; and I will him to pay that which he is thereby
obliged, to my wife, if she demands the same.
Item. But, if he
die, before he be married, I leave it all to my wife for her use and
improvement during her natural life; and, after her decease, I order it shall
be equally divided in like proportion to my sons, that
shall survive.
Item. To my
daughter, Johannah Whipple, I give one hundred pounds out of my moveables, to
be paid by my executrix hereafter mentioned within two years after my decease,
accounting what I have already paid her as part of this
hundred pounds.
Item. To the only
child of my daughter Downes I give one hundred pounds, to be paid by my son,
Samuel, as is before expressed.
Item. To my son
Oliver Appleton, if he live to the age of twenty one years, I give to him all
that my land that we call the ox pasture, bounded thus, from my saw mill, as the fence goeth, by the land I
sold to goodman Potter easterly until it comes to my son Samuel Appleton’s
first bounds and then westerly and as the fence now runs to the causey and over
that to a ditch downward, as the water stream runs……(more details)…..and all
the privileges and appurtenances thereto belonging, I do give to my son Oliver
Appleton after my and my wife’s decease, to him and his heirs, executors and
assigns forever; but, in case my wife lives after my decease, then I give unto
my said wife half the benefit of the mill with the privileges, as also the
privilege of so much wood as she shall have need of, for her own use, to burn,
but not to sell or give away to others.
And also, I give unto my beloved wife the one half of the benefit of the
herbage of the said ox pasture during her natural life. I also give unto said son Oliver Appleton
eight acres of my great meadow next to my cousin
Thomas Jacob’s meadow.
But it is intended, and
always intended, that, if my said son Oliver die before he marry, my will then
is, that, after his mother’s decease, that what I do
by will give him as abovesaid shall go to his other brothers. And all the rest of my farm, that I have not
disposed of before my decease, uplands, meadows or swamps, I bequeath unto my
wife during her natural life for her use; and at her decease I give the said
lands to my four sons, Samuel, Isaac, John and Oliver, or such of them as shall
survive, to be equally divided between them or their heirs, etc., that is my
son Samuel to have a double portion of it.
Item. My house and
land in Ipswich town I give to my wife during her natural life; and at her
decease, to her four sons, Samuel, John, Isaac and Oliver, unless she have need
to sell the same for payments of debts and legacies; which shall be only by the
consent of my overseers hereafter mentioned.
Item. To my
beloved wife, whom I constitute my sole executrix of this my last will and
testament, I give and bequeath all my household stuff, quick and living stock
of cattle, sheep, horses and implements and utensils of husbandry and other
estate whatsoever, and all my debt and dues; appointing her to pay all my debts
and funeral charges, and such legacy or legacies herein mentioned, and not
otherwise appointed to be paid; the remainder of which estate at her decease I
give to be at her dispose at her death among my sons, as she shall please;
desiring her to help her son Oliver, if she can spare anything, to build.
Finally. I will that
all concerned in the farm shall have mutual privileges of necessary ways and
passages, for carting or drift or other necessary occasions, to town, to
common, to pasture, to meadow, or, as there shall be found necessary occasions,
other ways; provided, it be always to the least damage of each one’s
properties; and, if any difference hereabouts, shall and may be decided from
time to time by my overseers or the major part of them……my four sons shall
according to equal proportion make and maintain all necessary fences and
fencing, good and substantial at all times during the natural life of my
wife……I request and hereby constitute and appoint my beloved brother, Mr. John
Appleton, Mr. Joseph Gerrish, Colonel Wade, Lieut. Stacy, cornet Whipple,
ensign Jewett, to be overseers of this my last will and testament; entreating
of my beloved wife in the settlement of anything relating to the premises,
requiring all my dear children to be very careful lest there be any difference
among them about anything essentially relating to his my last will and
testament; and, if through misapprehensions there be difference, that the same
shall be issued by my overseers, to prevent lawsuits.
In testimony I revoke, null
and make void all former….wills and testaments whatsoever….done by me at any
time…..I hereunto set my hand seal,
Signed and sealed in
presence of us witnesses:
Samuel Phillips senior)
Edward Paison ) Samuel Appleton and a seal
Joseph Boynton )
Mr.
Edward Paison and capt. Joseph Boynton made oath, that they saw colonel Samuel
Appleton, late of Ipswich, deceased, sign and seal the above written
instrument, and heard him declare the same to be his act; and capt. Boynton
adds, that he heard the said colonel Appleton say further, that he had a mind
to settle his estate; and the reverend mr. Samuel Phillips subscribed with them
as witness at the same time.
Sworn: Attest. John Croade, reg.
Being
presented for probate by one of the overseers, viz. capt John Appleton,
A
true copy of record. Attest. Nath.
Lord, jr., register.