Monday, April 23, 2018

Amanuensis Monday - Will of Ebenezer Phillips (1695-1746) of Southborough, Mass.

This week's document for Amanuensis Monday is from the Worcester County, Massachusetts Probate Packet records for Ebenezer Phillips of Southborough, Massachusetts:

a)  Worcester County (Mass.) Probate Packet 46,400, images 8 to 11 (of 11):

The transcription of this will is:

[image 9 of 11]

In the Name of God Amen The Twentieth Day 
of November 1745. I Ebenezer Phillips of Southborough
 In the County of Worcester and the Province of the Massachussetts 
Bay in New England yeoman, Being very Sick and weak in 
Body but of perfect mind and memory Thanks be Given to God. Therefore 
Calling to mind the mortality of my Body and Knowing that it is 
Appointed to all men once to dye, Do make and ordain this my 
Last will and Testament that is to Say principally And 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 buried in 
Decent Christian Burial at the Discretion of my Executors, 
Nothing doubting but at ye General Resurrection I Shall Receive 
The Same by the mighty power of God, and Touching such 
Worldly Estate Wherewith it hath pleased God to Bless me 
In this Life, I Give Dismise & Dispose of the Same in the 
Following manner & form.  Imprimis I give and Bequeath 
to ^Mary^ my well beloved wife all my moveables within Doors Except 
One feather Bed partly filled, Likewise three Cows ^and one mare^. Likewise 
One third of all the Improvements I give to my Son
Samuel Here after mentioned. I give to Mary my wife all the East 
part of my now Dwelling House with a Cellar Under the same 
^Dureing her Natural Life & no Longer.^

Item I Give to my son Ebenezer So much ^Land^ as it will Take to 

Straiten a Line that runs between my House and his Where the Gate
Now is and So westward to a Stake Down by the Swamp and 
From thence to a Ditch in the medow and then runing northward 
To his Former bound. I also give and Bequeath to my Ebenezer 
One acre of Ash Swamp Lying before Ebenezer Duntons house 
as he and my Son Samuel Shall see Cause to Lay it out and the 
Reason why I Give him no more ^now^ is be cause I have given him his 
Portion before by a Deed of sale.  Item I Give to my son John 
Phillips thirty Four acres ^of Land^ be it more or Less being the Southeast 
Part of my farm bounded Easterly by David Johnson till it comes to 
a corner of an old Hedge which corner is to be 
The North east Corner of the Sd Land I give and Bequeath 
To my Son John and then Turning Westerly to a Stake and
Stone and so Runing Westerly Till it Comes to a Dead Bodyed  

[image 10 of 11]

White Oake and from Thence Westerly to a Large Topt White Oake
From thence to another White oake now Standing by the old 
Field bars it being y^t Northwest Corner of the said Land I Give and
Bequeath to my Son John, and from thence Runing Southerly as 
The Field Fence runs to the End of the field and now Turning 
Easterly to a mark Tree and so Runing Easterly Till it Comes to 
The first mentioned bounds, This South Line bounds partly upon Common 
Land and partly upon John ^Goulds^ Land and partly upon Isaac Newtons Land 
To have and to hold the said premisses with all the appurtenances 
Priviledges and Commodities to the same Belonging or in any wise 
Appertaining To him the Said John Phillips his Hiers and Assigns 
Forever, to his and their proper Use Benefit and behoof forever.
Also I give & bequeath unto my son John one piece of medow Containing 
about three acres be it more or Less Bounded as follows, Easterly upon my 
Land by a maple Stump and a pole and then Turning to the Ditch and
Runing as the Ditch Runs Till it comes to the North Shore bounded 
Northerly upon upland and Westerly upon Common Swampland and
Southerly upon my own Land, with Leaberty to pass and Repass with 
a Team from his own place to the medow for Carting of Hay also two 
Acres and a half more of Land Bounding Westerly upon Ebenezer Dunton 
Land and the North Line is to Extend four Rods north from a Stump 
That is a Mark between said Duntons Land and my own, this Line is to 
Extend Southerly Twenty five rods and then Turning & Runing Easterly 
Sixteen rods and then Turning and Runing northerly Twenty five
Rods and then Turning and ^runing^ Westerly Sixteen rods.  Which Land I
Give and bequeath unto my son John, only Reserving half the mine
Therein. Also I Give and Bequeath unto my son John a strip six rods 
in wedth from the oake that Stands by y^e old Field Bars to the last men-
tioned Land only reserving Leaberty to pass and repass over it to my Field.

"Item I Give and Bequeath unto my son Samuel my House and Barn 

And plough Land mowing Ground and pasture Land and Orcharding 
also all my Wood land To him Self his Hiers and Assigns 
For Ever to have and to hold the Said premises with all y^e Appurtenances
and Commodities to the same belonging or in way and appertaining to him 
The said Samuel Phillips His Hiers and Assigns forever. 

[image 11 of 11]

The Last mentioned Land which I Give and Bequeath 
To my Son Samuel is Bounded as Follows y^t is Easterly 
Upon David Johnsons Northerly upon Ebenezer Phillips Jun^-r 
Westerly ^upon^ Isaac Amsdens Land partly and partly upon Ebenezer 
Duntons Land Southerly upon John Phillips Land Likewise 
another peice of Land lying South of John Phillips Land 
Bounded Northerly upon John Phillips and Westerly upon 
Ebenezer Duntons and Southerly by Moses Johnson and Easterly 
by other Lands. Also I Give and bequeath unto my son Samuel one yoke of Oxen and one 
Cow & two Stear Calves also I Do Give unto Samuel all my moveables without Doors 
as oxen Plough Chains hoes Except half my Small Cart which I Give Ebenezer.

Item I Ordain and  appoint that my son Samuel shall pay to his 

Sister Mary Nickols one Hundred and Twenty ^pounds^ old Tenner Bills of Credit 
and Two Cows one half thereof to be paid and one Cow to be Deliver-
ed when he Takes possion of the Lands I have Given him and the 
Other part to be paid at his Mothers Death and the other Cow 
To be Delivered at ye same Time.   Also I Do give and 
Bequeath to my Daughter Mary one heifer.

Item I Do Give Unto my Well Beloved Daughter 

Joannah Phillips one Hundred and Twenty pounds old Tenner 
Bills of Credit to be Raised and paid by Samuel Phillips my Son 
And Two cows to be Delivered unto her by him.   I Do will that 
He Shall pay one Half thereof unto his sister Joannah when 
He Takes possion of What I have given and bequeath unto him and
One Cow to be Delivered unto her at the same Time and the other 
Half to be paid at y^e Death of his Mother and the second Cow to be 
Delivered unto her att the Same Time.  Item I Give and bequeath to my 
Daughter Joannah one heifer.

Item I Do give and bequeath unto my son Samuel and My Dearly Beloved wife 

Mary these two Whom I Do Constitute make and ordain my sole Executor 
And Executrix of this my Last will and Testament all the Debts that 
Are due from several persons unto me and that is Due for keeping 
Ambrous and also that will be Due for keeping Ambrous also I Do 
Give them full powers to act as to paying out money 

[image 8 of 11]

And Receiving of Money and To pursue To final Judgment 
And I Do hereby Utterly dissallow Revoke and Disanull 
All & Every other former Testament will Legacies and 
Bequests and Executors by me in any ways before named Willed and
Bequeathed Ratifying and Confirming this and no other To be 
My Last Will and Testament. In Wittness Whereof I have 
Hereunto set my hand and seal the Day and year above 

Signed Sealed & published pronounced and Declared 

By me y^e said Ebenezer Phillips as my Last Will and Testament 
In the presence of us the Subscribers
Jonathan Ward
Nathanael Webb                                      
 Ebenizer Phillips   {seal}

John Lyscom

The will was proved at the Probate Court in Worcester on 21 August 1746, with Jonathan Ward and John Lyscom appearing and making oath that they saw Ebenezer Phillips sign, seal and heard him publish, pronounce and declare it to be his last will and testament, and that he was of sound and disposing mind and memory.

The source citation for this document is:

"Worcester County, MA: Probate Papers, 1731-1881," digital images, American Ancestors ( : accessed, 22 April 2018), Packet 46,400, Ebeneazer Phillips of Southborough, 1746 (11 images); citing original records supplied by the Massachusetts Supreme Judicial Court Archives, with digitized mages provided by

Ebenezer Phillips (1696-1746) married Mary Smith (1698-????) before 1719 in Malden, Massachusetts, and they had six children:

*  Mary Phillips (1719-????), married Nathaniel Nichols in 1745
*  Ebenezer Phillips (1721-????), married Hannah Lyscom in 1745
*  John Phillips (1722-????), married Hannah Brown in 1749
*  Samuel Phillips (1726-1810), married Martha Newton in 1747
*  Joanna Phillips (1729-1788), married Jonathan Fay in 1746.
*  Ruth Phillips (1733-????).

The will mentions the first five children, but does not mention daughter Ruth.  She probably died as an infant or child.

Ebenezer Phillips died after he wrote his will on 20 November 1745 and before it was proved on 21 August 1746.  It is not known when Mary (Smith) Phillips died.  

Ebenezer and Mary (Smith) Phillips are my 6th great-grandparents.  I am descended through their son, John Phillips (1722-????) who married Hannah Brown (abt 1725 - about 1773) and resided in Southborough, Shrewsbury, and Lancaster, Massachusetts.


NOTE:  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."

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Copyright (c) 2018, Randall J. Seaver

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