Monday, May 4, 2015

Amanuensis Monday - Post 266. 1715 Will of Ezekiel Worthen of Amesbury, Massachusetts

Genea-blogger John Newmark (who writes the excellent  TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday."  John offers this definition for "amanuensis:" 

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

The subject today is the 1715 will of Ezekiel Worthen (1636-1716) of Salisbury, Essex County, Massachusetts:

The transcription of the will of Ezekiel Worthen is:

[page 1 of will]

"I Ezekiell Warthen Senr of Almsbury in the County 
of Essex in the province of the Massachusets Bay in New England 
being of parfict memory and composed mind thanks be 
given unto the Lord doe Make & Ordaine this my Last Will 
& Testament viz.
Prinsabolly I Recomend my Soull unto God who gave it &
my body unto the Earth to be buried in Christian manner 
at the Discresion of my Executor.  And as to my Worldly 
Estate wherewith the Lord hath bin pleased to bless me with 
all, I Give & Dispose of in forme as followeth: Imprimus.  

I Give & bequeath unto Hannah my beloved Wife all that 
part of my homestead & other Lands of mine in 
Almsbury on the north side of the land now in the posession of my 
son Georg Warthin, & of Goodalls Hill, not already disposed 
of with all the housing orchards fences tharon and all other 
priviliges to the same belonging To have & to hold During her 
Naturall Life.  And the yearly Income of all my other Lands and
Medow which I have not yet disposed of.  I also give unto 
my wife all my Stock and other Moveables not allready Dis-
posed of and the Benefit that shee shall make of the produce of 
these partickolars above given and bequeathed by her to
be enjoyed & Disposed of at her pleasure She Shall soe

"Itt.  I Give and Bequath to my son Georg Warthin 
all that part of my homestead situate Southward of Harrison's 
Creek and soe much on the Northward of sd Creek as formerly 
belonged to the Swamp adjoyning thareunto, alwayes posessing
out of this Land above given unto my son Georg Warthin free 
Egress and Regress unto my son John Warthen his heires 
and assignes for ever from the other part of my Homestead over
the land runn down to the River as he or thay Shall have Ocation 
at any Time for the Carrying of Hay or any other things whatsoever
and allsoe a Liberty eaquall with my son George to Land and
 dry fodder upon three quarters of an acre of Land at the South
.East Corner of my homestead joyning to Richard Martins land.

"Item.  I Give and Bequath unto my son Samuell Warthin one 
moiety and half of my Lott of medow in Sailsbury adjoyning 
to the Black Rock Creek which I bought of William Chan-
dler To have and to hold to himself his heyres & assignes 

"Item.  I Give and Bequath unto my son John Warthin to 
him his heyres & assignes to have and to hold forever 
and to enter into the poseshan of after the decease of me, Ezekiell 
Warthin & Hannah my Now wife all the Remaining 
part of my Homestead on the North side of land bequeathed 
unto my son Georg Warthin, together with all the Orchards, 

[page 2 of will]

houseing, fencsis and all other priviliges and a ?????????
thereunto belonging which is in Consideration of his 
Discharging and paying of all my Just and Due Debts, 
and all the bequests which are Hereafter Named to be paid 
unto my Daufters and Grandchildren hereafter named 
and allsoe paying for our funerall Expences and Charges 
of Executorshipp Whom I Doe apoint Constitute and
ordaine Sole Executor to this my Last Will and Testament
and in case my son John Warthin shall renounce Executor-
shipp I then Substitute and Ordaine my Son Ezekiell 
Warthin Executor in his room and stead and doe
Conferr and Convey unto him my Bequest last menshioned
 to have and to hold to himself his Heyres and Assigns for-
ever upon the Same Consideration as above menshioned.

"Item.  I Give and Bequath unto my Daughters Hannah 
Fowler Dorothy Hoyt Judith Paige and Deborah Wells
five pounds a peese to be paid by my Executor to Each 
of them or their respective heyres or assignes at my now 
Dwelling place in good Marchantaboll pay at prise Currant, 
to Hannah Fowler within one year and to the rest of sd
Daughters within five years next after the decease of me
and Hannah my Wife.

"Itt.  I Give and Bequath unto my Daughter Margery Weed 
five shillings out of my Estate to be paid by my Executor
 in manner as unto my other Daughters.

"Item.  I Give & Bequath unto my two GranChildren 
Judeth and Dorothy Daughters of my son Thomas Warthin 
deceased, fifty shillings a peice to be paid as in Manner as abovesd or
when Each of them shall arrive at the age of Eighteen yeares of age
if it comes not within the time of my daughters receiveing of their portions
my Will is that upon the payment of this fifty shillings a peice 
unto my GranChildren above named that they each of them or 
their lawfull successors give a lawfull quitt claime of all 
ye higher title and interest unto a lott of land in ye Lions mouth
being the third lott in Number originally to George Martin Desed 
by virtue of an Entaile put upon or if either of them shall refuse or neg-
lect or doe as not to give a quit claim unto my son Ezekiell 
Warthin, then my Will is that they shall have but Two shillings 
and six pence a peice paid unto them as in Manner above written
 and the five pounds which should have been paid unto them 
shall be paid unto my son Ezekiell Warthin by my Executor
in like manner as should have bin paid unto them.

"Item.  I Give and Bequath unto my son Ezekiell Warthin two Shillings 
to be payd by my Executor he having had his 
portion allready by Deed.

[page 3 of will]

"Item.  My Will allsoe is that if my now Wife Hannah 
should die before myself or before shee shall have 
disposed of that which I have bequathed unto her for that ??
thatt then what may be remaining of my Stock or Move-
ables I reserve to my own disposall and if I should die 
and not have disposed of them my Will is that they shall 
be devided among my four Dafters and my Grandaufter 
Dorothy Warthen.  To my Daughter Hannah & my Grandaufter 
Dorothy Duboll so much as ye other of my Daughters to  each of them.

"That this is my Last Will and Testament, Witnes my hand 
and Sealle this Sixth day of the Third Month Called May 
one thousand Seven hundred and fifteen.

"Signed Sealled and Declared and ?????
so to be before us                    The Mark of Ezekiel W Warthen
the subscribers
the mark + John Simson
the mark of Judith Hoag
Jacob Morrill

On 6 August 1716, the Court at Ipswich allowed the will of Ezekiel Warthin, with John Simson, Jacob Morrill and Judith Hoage making oath that they witnessed Ezekiell Warthin late of almsbury sign and seale the abovewritten instrument.

Also on 6 August 1716, the Court allowed an inventory of the estate of Ezekiel Warthen, late of Almsbury, deceased, taken 15 June 1716 by Richard Preddinton (?) and Thomas Rogers.  The inventory totaled 122 pounds, which included one half of his homestead (60 pounds), land given to George Warthen (25 pounds), and meadow given to Samuel Warthen (2 pounds).

The source citation for this will is:

Essex County, Massachusetts, Essex County, MA: Probate File Papers, 1638-1881, Estate Case 30705, will of Ezekiel Warthen, 1715; digital images, New England Historic Genealogical Society, American Ancestors ( accessed 3 May 2015).

I transcribed the original will papers found in the Estate paper files.  I compared that to the transcription I made about 15 years ago of the Probate Court clerk papers in the court record books and saw no significant differences except for spelling variations and abbreviations.  Both were fairly difficult to read in places and I have done my best in the transcription above, but there may still be errors of commission or omission.

Ezekiel Worthen is my 8th great-grandfather, who died 15 June 1716.  His wife, Hannah (Martin) Worthen, died in 1730.  They had 10 children, and 9 of them are mentioned in this will, including the son Thomas who died in 1702 (his children are the grandchildren mentioned in the will).  I am descended through their son, Ezekiel Worthen (1672-1765).  

Copyright (c) 2015, Randall J. Seaver

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Unknown said...

I believe, Randy, that we are now cousins. The Worthens tie in with my wife's Fowlers along the way. Wait till Myrt hears about this one!

Randy Seaver said...

Cool! But technically I'm your wife's cousin, right? Unless you have Worthens too...

My ancestry is all New England, New York, NJ and PA, plus a stray French Canadian mystery lady and several 19th century English folk from Wiltshire and Somerset.