Monday, October 11, 2010

Amanuensis Monday - Will of Joseph Richards (1703-1748) of Southborough 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 Joseph Richards (1703-1748) of Southborough, Worcester County, Massachusetts, one of my 6th great-grandfathers.

Joseph Richards died testate, and his probate records are in Worcester County Probate Records, Probate Docket #50,155. The will reads (transcribed from Worcester County [MA] Probate Records, Volume 3, Page 29, accessed on FHL Microfilm 0,856,275):

"In the Name of God Amen the Twelfth Day of March AD 1747/8. I Joseph richards of Southborough in the County of worcester within his majestys province of the Massachusetts Bay in New England yeoman, being under Indisposition of Body but of Perfect mind and memory Thanks be Given unto god. Therefore Calling unto mind the mortality of my Body and Knowing that it is appointed for all men once to Dye do make and ordain this my Last will and Testament that is to say principally & First of all I Give and Recommend my Soul into the hands of God that gave it and my Body I recommend to the Earth to be Burried in Decent Christian Burrial at the Discretion of my Executor, Nothing Doubting but at the General Resurrection I Shall Receive the Same again by the mighty Power of God and as Touching Such Worldly Goods & Estate wherewith it hath pleased God to Bless me in this Life I Give Demise and Dispose of ye Same in the Following manner and form --

"Imprimis I Give & Bequeath to Mary my Dearly Beloved wife the whole of all of any moveable Estate after all my Debts & Funeral Charges are paid of all Sorts both ye Indoor and outdoor moveables Including all my Creatures of all sorts and I also Give her the whole Benefit & Improvement of all my Lands untill my Son Joseph Richards arive to the age of Twenty one years and her Lawfull Right of Thirds in the same Dureing Life or as She and they to whom the said Land herein Given Shall agree.

"Secondly I Give to my Son William Richards the Full half part of all my Lands & Buildings as they shall appear to be mine by Record he yeilding to his mother the use and Benifit of the Said Lands as aforesaid and paying Fifty pounds a peice to Each of his Brothers and Sisters as they arive at the age of Twenty one years old Tenor at the same Value it is at the Day of This Date and No Division of said Lands to be made untill the Time that said Joseph will be Twenty one years of age, the said Brothers & Sisters to whom the said Fifty pounds a peice is to be paid as aforesaid is Mary Eben-r Martha John Hannah and Esther.

"Thirdly I Give to my Son Joseph Richards the other half part of all my said Lands and Buildings for him and his said Brother William to Divide when the said Joseph shall be Twenty one years old always yielding to his said Mother her Right of Thirds in the Same Dureing her Life as aforesaid and the said Joseph Shall pay to Each of Their said Brothers and Sisters as they Come to Twenty one Years of age Fifty pounds a peice old Tenor at the Same Value it is at the Day of the Date hereof.

"Fourthly I Give to my Daughter Mary one hundred pounds old Tenor of the Present Value to be paid her in Equal proportion by my said son William Richards and Joseph Richards when the said Mary is Twenty one years old as aforesaid.

"Fifthly I Give to my Son Eben-r Richards to be paid to him when he Comes to be Twenty one years of age by my said Sons William and Joseph the Sum of one hundred pounds old Tenor at ye Present Value in Equal proportion from them as aforesaid.

"Sixthly I Give to my Daughter Martha when she comes to be Twenty one years old one hundred pounds old Tenor of the Present Value to be paid her by her said Brothers William and Joseph in Equal proportion from them as aforesaid.

"Seventhly I Give to my Son John Richards one hundred pounds to be paid to him when he Comes to be Twenty one years old, old Tenor of the Present Value to be paid to him then by said William and Joseph in Equal proportion from them as aforesaid.

"Eightly I Give to my Daughter Hannah Richards one hundred pounds old Tenor of this Present to be paid to her when she comes to be Twenty one years old by my said Sons William and Joseph in Equal proportion by them as aforesaid.

"Ninethly I Give to my Daughter Esther Richards one hundred pounds old Tenor of the Present Value to be paid to her the said Esther when she Comes to be Twenty one years old by her two said Brothers William and Joseph in Equal proportion by them as aforesaid.

"Tenthly I do hereby Constitute Make and Ordain Mr. Thomas Graves of said Southborough in the County and province aforesaid yeoman my Sole Executor of this my Last will and Testament and I do hereby Utterly Disalow Revoke & Disanul all and Every other Former Testaments wills Legacies and Bequests and Executors by me in any ways Beforenamed Willed and Bequeathed Ratifying and Confirming this an no other to be my Last Will and Testament In Witness whereof I have hereunto Set my hand and Seal the Day and year before written.
................................................................................  Joseph Richards (seal)
"Signed Sealed published pronounced and Declared
by the said Joseph Richards as his Last Will and
Testament in the presence of us the Subscribers
Caleb Witherbee
John Amsden
Samuel Lyscom"

The will was proved by the Court at Worcester on 16 August 1748, with Caleb Witherbee and Samuel Lyscom appearing and making a solemn oath that they saw Joseph Richards the Testator sign and seal the will and heard him at that time that it was his Last will and testament. However, Thomas Graves declined the executorship of the estate, and Mary Richards, the widow, was appointed administratrix of the estate.

Joseph Richards died relatively young, and in the prime of his life.  He named all eight of his children in his will, and bequeathed a significant amount of money to the six children who did not receive the family homestead. 

Thomas Graves declined the executorship of this will for some reason.  He is almost certainly the one born in 1686 in Lynn, died in 1756 in Southborough) who married (1) Ruth Collins (1685-1715) and (2) Ruth Taylor (????-1756), and had a daughter Ruth Graves (1710-????), who married Isaac Buck (1706-1780).  Isaac and Ruth (Graves) Buck had a son, Isaac Buck (ca 1732-????) who impregnated Mary Richards (1733-????) and had Isaac Buck (1757-1846) out of wedlock.  Mary Richards is one of my 5th great-grandmothers.

I have no idea what happened to this estate after the will was proved.  I need to check the Worcester County probate records further (the records available on microfilm are probate clerk copies, and each paper is in a different volume and page).  Land records may also indicate what happened to the land willed to Joseph and William Richards.

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