Monday, November 15, 2010

Amanuensis Monday - Will of Andrew Phillips (1661-1717) of Charlestown MA

Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started his own Monday blog theme many months ago called Amanuensis Monday. What does "amanuensis" mean? John offers this definition:


"A person employed to write what another dictates or to copy what has been written by another."

The subject today is the probate file of Andrew Phillips (1661-1717) of Charlestown, Middlesex County, Massachusetts, one of my 7th great-grandfathers.  Andrew Phillips, son of Andrew and Elizabeth (--?--) Smith of Charlestown,  married 11 November 1683 in Charlestown to Sarah Smith (1661-????), daughter of Michael and Jane (--?--) Smith of Malden.

Andrew Phillips of Charlestown died testate (Middlesex County (MA) Probate Court Records, Packet #17,297 on FHL Microfilm 0,421,489). The will of Andrew Phillips of Charlestown MA reads:


"In the Name of God Amen. Ye fifth Day of December 1717: I Andrew Phillips of Charlestown in ye County of Midalsix in New England Husbandman being very sick & weak of Body But of perfect mind & memory Thanks be to god for It. Therefore Calling to Mind ye Mortallity of my Body & knowing yt it is appointed for all Men Once to Dy, Doo Make & Ordain ys My last will and Testament yt is to say principally & first of all I Give & recomend my Soule into ye hands of God yt Gave it and my Body I Recomend to ye Earth to be Buried in a Decent Buriall at ye Discression of my Executor nothing Doubting but at The General Resurection I Shall Receive ye same Again By ye Mighty power of god, & as Touching Such Worldly Estate wherewith it hath pleased God to bless me with in this life: I Give Demise & Dispose of ye Same in ye following Manner & form:

"Imprimus I Give & Bequeath to Sarah my Dearly Beloved Wife One third of ye Income of my Estate Dureing her naturall life & all ye Moveable Goods within My house & Ten Cord of Wood yearly Cut & brought to her house & ye Best Room in my house as long as she remains my widow.

"Item I give to my Well Beloved Son Andrew Phillips ye Summ of forty pounds; Ten pound of the sd forty to be paid Two years after my Decease & Ten pounds a year yearly after Sarah my Dearly Beloved Wives Decease till ye whole be paid.

"Item I give to my Well Beloved Son Ebenezer Phillips thirty three acres of land lying & being in Charlestown Butted & Bounded Northwardly by Peter Hay & Ebenezer Damon, Southwardly by the highway and Andrew Phillips & ye highway Eastwardly by ye land of Henery Phillips, Westwardly by Peter Hay & part of a lot I Bought of Elias Brigden Butted & Bounded Northwardly be ye land of Thomas Miller, Southwardly by ye land of Andrew Phillips, Eastwardly by ye land of Thomas Miller, Westwardly by ye highway And Henery Phillips Togeth with all Timer and Standing lying or Being yt on, to him & to his heirs forever, & one third part of ye moveables upon my place without Doors I alsoe Doe give to my son Ebenezer Phillips. I Doe also will yt my son Ebenezer Doth Cut and Bring to ye house of Sarah my wife five Cords of wood yearly So long as she Remains my Widow. I Doe also Will yt my Son Ebenezer Shall pay to his Brother Andrew Phillips ye Summ of Twenty pounds to Be paid five pounds two years after my Decease & five pounds a year after Sarah My Wives Death yearly till ye Whole Summ of twenty pounds be paid to ye sd Andrew Phillips or his heirs or assigne. Also to pay to my Daughter Johanna Phillips ye Summ of fifty pounds & also to be paid Twenty five pounds at my Decease & ye Cow & ye Rest part of ye fifty pounds, Ten pounds a year yearly after Sarah my Wives Decease till ye Whole Summ of fifty pounds in Mony be paid.

"Item I Give to my Son Samuell Phillips Twenty two Acres of Land wth a house Orchard & all ye Buildings upon Bounded Southerly by Kendal Parker & Peter Hay Northwardly by ye highway Eastwardly by ye land of James Taylor Westwardly by ye highway, & Seven Acres I Bought of Thomas Eaton Butted & Bounded Eastwardly by ye highway Westwardly by ye Land of James Hay Southwardly by ye land of Peter Hay, also Six Acres of land Butted & Bounded by ye land I gave to my son Ebenezer Phillips before mentioned & expresed, westwardly by Peter Hay Northwardly (Eastwardly) by Ebenezer Phillips Southwardly by ye highway, also five Acres offe yt lott I Bought of Elias Brigden also one third part of ye moveables without Doors Belonging to my Estate. I Doe also Will yt my Son Samuell Phillips shall pay to Sarah my Wife five Cords of wood a year yearly to be Cut and brought to her house as long as She Remains My Widow & if She be maried to again yt Utterly to faill, & alsoe Samuel Phillips my son Shall pay to his Brother Andrew Phillips twenty pounds wch is to be payd five pounds Two years after my Decease & five pounds a year after Sarah my Wives Decease till ye whole summ of twenty pounds be payed, also to pay to my Daughter Johanna Phillips ye Summ of fifty pounds, & also (to be payed) twenty five pounds & ye cow at my Decease & ye Rest part of the fiftie to be paid Ten pounds a year yearly after Sarah my Wives Decease till ye whole be paid.

"Item I Give to my sons Ebenezer Phillips & Samuell Phillips ye Summ of fourtenn pounds Mony yt is Due by a Bond to me from Ebenezer Knight Bearing Date May 1715 Togather with all other Debts Due and oweing to me to be Equally Divided Betwen them.

"Item I Doe give to my Well Beloved Daughter Johanah Phillips ye Summ of One Hundred pounds in Mony & Two Cows to be paid to her by my sons Ebenezer Phillips & Samuell Phillips as it is afforementioned & Specified in this will. The Reasons why I Doe Not Give to my son Andrew Phillips no more is, first Because he hath Received thirty eight pounds in mony already, also ye help of Building of his house & Breaking up of land & also the Selling of Wood & Timber of off my land & also his goeing away from me at ye Age of Nineteen years.

"Item I Give to my Well Beloved Son Ebenezer Phillips Whom I likewise Constitute Make & Ordain My Only & Sole Executor of this my last Will & Testament. I furthermore Will yt ... monie is in the House Doe Not pay the funerall charges & yt my Sons Ebenezer Phillips & Samuell Phillips Shall pay Equally ye part of yt funrl Charges & I Doe hereby utterly Dissallow, Revoke & Disanull all and every Other former Testament, Wills & Legasies Bequests & Executors by Me in Any Ways Before ye Time Named Willed & Bequeathed Rattifying & Confirming this & no other to be my last Will & Testament In Witness Whereof I have Set My hand & Seallo ye Day & Year Above Written.

"Signed Sealed Published & Pronounced &
Declared by ye sd Andrew Phillips as his last
Will & Testament in ye Presence of us ye
Subscribers  .................................................................... Andrew Phillips

Daniel Gould
Thomas Miller
Nathaniel Cowdrey"

The will was proved at Cambridge on 17 December 1717, with Ebenezer Phillips posting a 500 pound bond, and with the consent of Samuel Phillips, the widow Sarah Phillips, and Joanna Phillips.
The four children of Andrew Phillips were relatively young when Andrew died in 1717.  The oldest son, Andrew was born in 1687, so he was 30 years old, but apparently estranged from his father because he left home at age 19.  Ebenezer (born 1695), Joanna (born 1697) and Samuel (born 1699) were in their early adulthood, and received sizeable (for the time) inheritances.  Note the requirement for the children, especially Ebenezer, to support their mother.  Thdere is no inventory, so it is impossible to know if the estate had sufficient assets to permit the heirs to inherit the money they were bequeathed.

The FHL microfilm for these Middlesex County, Massachusetts probate records contain the full packet of original papers, making them original source material, not record copies of the original source.  Unfortunately, these early probate packets usually contain only the will and the probate court affidavit proving the will.

Ebenezer Phillips (1695-1746) was my descendant ancestor from Andrew Phillips. 

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