Henry Withington’s Will

Source: William D. Trask, “Abstracts of Early Wills: Abstracts from the Earliest Wills on Record in the
County of Suffolk, Mass.,” New England Historical and Genealogical Register 16[1862]:52-54.

HENRY WITHINGTON. — 8: 11: 1664. I, Henry Withington, of Dorchester, in New England, being about the Age of 76 yeares or vpon 77: being in perfect memory doe make my last will. * * * My will is, That my sonn, Richard Withington, one of my executors, shall well & truly performe vnto my wife, Margerie, all such Agreements as are Expressed in a writting made & sealed before our marriage, bearing date, 25: 4: 1662: witnessed by Mr John Eliott & Mr Samuell Danforth, And then soe doing I giue vnto him all the rest of my Houses & Orchard & Lands that I haue in Dorchester, Except Tenn Acres in the Twenty Acres Lotts, which Tenn Acres I Giue to my dau. Batte, & I Except also my devision of Land which is about 30 Acres, lying neere Dedam mill, which if it bee not sold before my death, my will is, that it shall bee sould & come in as part of my Estate, And also I Except all my Land that is mine, about Sensions House, which Land I Giue to my dau. Batte, to bee hers foreuer, And her Husband shall haue noe power to dispose of it without her free Consent. But all my Land Except these parcells Excepted I Giue to my sonn Richard to bee his foreuer. And for my goods, my debts & buriall being discharged out of the whole, I Giue as followeth, namly, to my Beloued wife, Margerie, £10, ouer & besides that £10, I promised her before our marriage which is sett downe in a writting, aforesayd, And to my sonn, Richard, £10, & to his fowre sonns, John, Ebenezer, Henry & Phillip, each, £5; to Mr Mather, £5; Mr Tompson, £5; And towards the maintenance of an able ministrie in Dorchester, which they haue or may chuse, I Giue £20 to bee improved by the Deacons then in being, And the bennifitt thereof shall bee brought in yearely to the Select men, then in being, to bee giuen to the vse aforesaid. And £10 more I Giue unto the poorest inhabitants in Dorchester, And the said £10 shall bee disposed at & by the discresion of the Deacons, then in being. I Giue vnto John Baker, £5, Samuell Batte, £5, Samuell Paull, £5, Samuell Danforth, £5. To all the Children I am Grandfather vnto, Except Mary Robinson, & such Children as I haue herein giuen legacies vnto, I giue unto each of them, 40s. For the rest of my goods, legacies being discharged, shall bee Equally diuided among my 3 daus namly, Faith Baker, Mary Danforth, and Anna Batte And for that Fiue Acres of Land that I latly bought of James Batte at the south End of his Lott, next the High way, which Cost mee, £16, it is my will that she, I meane my dau. Batte, shall haue that Fiue Acres, & she shall dispose of it for her good & for her Children, but her Husband shall haue no power to sell it away, without her Consent, nor any Land that I haue giuen her Else where. And further it is my meaninge, that this £16, which the Land Cost mee, though the Land Returne her as aforesayd, yet it shall bee reconed as part of that Portion which I leaue with hir other Sisters. For my Executors, I Appoint my sonn, Richard Withington, & my sonn, Richard Baker; for my Ouerseers, my sonn, Mr Thomas Danforth, & my sonn, James Batte. The legacies [to be paid] one halfe within a yeare after my death & the other halfe the next yeare after, if it may bee well had & done.


Wittnes hereof

Enoch Wiswall, Samuell Paull.

[In a codicil, Mr. Withington states, that he has given to his son, Richard, the £10 expressed in his will, also delivered to him the £5 for John Withington, his Eldest son. “For the Tenn Acres of Land I gaue to my daughter Batte, lying in the Twenty Acre Lott I haue sold that, since, to Samuell Clap & haue deliuered & giuen to her & her Husband all my land at Sensions house.” All which is acknowledged by Richard Withington. Samuel Paul, acknowledges “that I haue receiued from my Father Withington, that Fiue pounds which is Expressed in his will, to bee Giuen me. 23: 9: 1666.”]

15 Feb. 1666. Enoch Wiswell & Samuel Paule, deposed.

An Inventory of the Estate of Elder Henry Withington, of Dorchester, who deceased this life Feb. 2, 1666, taken & apprised by John Capen Senr & William Sumner, March 6, 1666-7. Amt. £850.17.3. Due from the Estate, £14.4.6. Mentions, 1/16 pt. of three Ketches; 1/2 of a warehouse at Boston; two shares in the iron works at Tanton.

Richard Baker & Richard Withington, deposed to this inventory, May 2, 1667.

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