This week's document for transcription is the 1668 will of John Fisher (1634-1668) of Medfield, Massachusettd Bay Colony in the Suffolk County, Massachusetts Probate Court records.
* Suffolk County, Massachusetts Probate Court, Volume 6, Pages 28-29 image 213 of 922:
* Suffolk County, Massachusetts Probate Court, Volume 6, Pages 30-31 image 214 of 922:
The transcription of this document is:
"In the yeare of Our Lord one Thousand six Hundred sixty & Eight the 26th of the fourth month called June I John Fisher of Meadfield in the County of Suffolke in new England though by the afflicting hand of God upon mee being infirme & weake of body yet throguh his mercy whole & sound in my memory & understanding & not knowing how neere & sudden the time of my disolution may bee I doe therefore in the name & feare of God make & ordaine this my last will & Testament in manner & forme following -
"First I doe Commit my soule into the hande of Jesus Christ the Redeemer thereof & my body to the Earth after my decease to bee decently buryed in the discretion of my Executor.
" Item I give & bequeath to Mary my deare & well beloved wife all that Estate whatsoever that I had with her that is soe much as is now in being & more one Feather bed upon which wee ordinarily lodge with all the bedding furniture belonging thereto Except that furniture about it that Came by my former wife Elizabeth & also the free use of that part of the House wherein I now dwell with free liberty of water & Convenient yard roome for wood & other her necessary occations with free Egres & regrese for her selfe her servants & assignes for & duringe all the whole time & tearme that shee shall remaine a widdow & unmarryed Provided & given with this Condition that shee at noe time take in any other dweller with her into the said House or any roome or roomes therein besides her child or children, & necessary servants And more I also give & allow to Mary my sayd wife the right of the thirds or dower according to the Laws in that case Provided. All which above bequeathed I give as aforesayd unto my sayd wife for & towards her Owne supply & maintenance & the Education & bringing up of that or children which the Lord hath or may yet give mee by her. Also I give unto my sayd wife one halfe of the Provissions that shall be in my House when the Inventory is taken.
"Item My mind & will is that after my decease a true Inventory bee made of my whole Estate Whereof I Give & bequeath to John Fisher my Eldest sonn a dubble Portion that is twice soe much thereof as any one of my other children to whome that is to say to my sonn Jonathan Fisher & my daughter Elizabeth Fisher & to that child that Mary my sayd wife now bee Conceived with, to Each of them an Equall Portion to bee payd & delivered to them & Each of them at that time as they shall severally claime lawfull Age or day of marriage, which soever shall come first only their parts in my sayd wives thirds only Excepted which they are not to Enter u[pon until after her decease.
"Item I give unto my sonn John those Curtains & vallance & bed & bedding thereto belonging that came by my first wife.
"Item I give unto my daughter Elizabeth all her owne mothers wearing cloathes, both woolen & linnens silkes &c. Also the Cubbert that stands in the House I give to my sonn John & all other things that came by my former wife that are not in Common use shall be devided betweene those my two Children John & Elizabeth & for that Estate or legacy that may yet come to my children by the gift of their Grandfathers unkle in England my mind & will is it shall be payd only to my two Eldest children last above named my sonn John to have a dubble Portion therein because it come to them in their Owne mothers right.
"And further my mind & will is that if it shall please God by death to take away Either of my two children John or Elizabeth before they attaine Lawfull Age or marriage as aforesayd that then they portion shall goe, one third of it to the survivor of them two, one third part to my Child or Children that I have or may have by Mary my aforesayd wife the other third part to goe to the Children of my Brother Josiah Fisher & the children of my sister Mary Batle, two thirds of it to my Brothers children one third of it to my sisters children to bee divided Amongst them, at the discretion of their Fathers or Parents And according to that Proportion according to that Generall Rule the Estate the Estate to bee divided if God please to take away any of my children before they come to Lawfull age or marriage.
"Item I doe nominate Constitute & ordaine my dearly beloved Brother Joshua Fisher of Deadham & my well beloved Couzen Ensigne Daniell Fisher of that Towne to bee my Executors for the due Execution & performance of this my last will as it is above written & for the receiving of all debts due to mee & for the payment of whatsoever debts I owe unto any man & to doe whatsoever otherwise may Conserne them as my Executors & my mind & will is that they should bee fully sattisfyed & payd for their Care service & paines for this their undertaking out of my Estate.
"And I further will & declare that my mother Ann Fisher may Enjoy that part of the House my Father & shee live in instead of that End that I live now in which shee is to have during her life with one row of Apple Trees, as is Expressed in my deed from my Father to mee. But my will is shee should have free Egress & regress for water yard roome and for her necessary occations if shee should rather Choose that End than the part of the House shee now live in which is my desire shee should Enjoy with the bennifit of halfe the Orchard & meane that part of the house wherein now shee live.
"And I further name & intreat Our Reverind Pastor mr John Wilson & my deare & Lovinge Father Josiah Fisher both of Meadfield abovesayd to be Overseers to this my above written will & to bee assisting to my afore named Executors about the disposing of my two Eldest children to whome Care & trust & Commit them to bee placed And for to provide for in Education & otherwise, as the greater number shall see best for the sayud Children from time to time.
"As for that child God hath given mee by Mary my wife I leave to her Care to provide for & dispose of as shee shall see best.
"In Wittnes whereof I the sayd John Fisher have hereunto subscribed my hand & affixed my seale the day & yeare above named.
John Fisher & a seale
"Signed sealed & Published
in presence of us
John Wilson
Samuel Bullen
his marke.
"At a County Court held at Boston 28 July 1668 Mr. John Wilson & Samuell Bullen deposed that having subscribed their names as wittnesses to this instrument that they were prsent on the date thereof & that they saw & heard the sayd John Fisher to signe seale & publish the same to be his last will & Testament that when hee soe did hee was of a sound disposing mind to their best knowledge."
The source citation for this deed is:
Suffolk County, Massachusetts Probate Court, will of John Fisher dated 26 June 1668, proved 28 July 1668; imaged, "Massachusetts, U.S., Wills and Probate Records, 1635-1991," Ancestry.com (https://www.ancestry.com/discoveryui-content/view/413179:9069 : accessed 25 August 2024), "Suffolk > Probate records, Vol. 5-7, 1666-1674," Volume 6, pages 28-31, images 213-214 of 922, original rccords in Suffolk County, Massachusetts Probate Court records, microfilmed by FamilySearch, and indexed by Ancestry.com.
This is a Derivative Source (because it is a court clerk's transcription of the original handwritten will) with Primary Information and Direct Evidence of John Fisher's spouses and children at the time it was written. There were no other records for John Fisher's estate found on Ancestry.com, but there may be an inventory and account in other probate records.
John Fisher (1634-1668) was born before 26 January 1633/4 in Redenhall, Norfolk, England, the son of Joshua and Elizabeth (--?--) Fisher. He died 3 July 1668 in Medfield, Massachusetts Bay Colony. John married (1) Elizabeth Boylston (1640-1665) on 6 April 1658 in Watertown, Massachusetts Bay Colony. They had four children:
* Elizabeth Fisher (1659-1694), married 1678 John Plimpton (1649-1704).
* John Fisher (1661-1755), married 1683 Mary Metcalf (1652-????).
* Thomas Fisher (1663-1663)
* Esther Fisher (1665-1666).
After Elizabeth (Boylston) Fisher died in 1665, John Fsher married (2) Mary Treadway (1642-1677) on 21 September 1665 in Sudbury, Massachusetts Bay Colony. They had two children:
* Jonathan Fisher (1666-1751), married 1695 Rachel Fairbank (1672-1747).
* Nathaniel Fisher (1668-1668).
John and Elizabeth (Boylston) Fisher are my 9th great-grandparents. I am descended through their daughter Elizabeth Fisher (1659-1694) who married John Plimpton (1649-1704) in 1678.
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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."
Read other transcriptions of records of my ancestors at Amanuensis Monday Posts.
The URL for this post is: https://www.geneamusings.com/2024/08/amanuensis-monday-1668-will-of-john.html
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