Mary (Stower) Hickox (abt. 1729 - 1812)

Born about 1729 in Province of Massachusetts Bay

Ancestors

Wife of Benjamin Willson — married 7 Jul 1748 in Leicester, Worcester, Province of Massachusetts Bay

Wife of John Hickox — married 25 Dec 1771 in Great Barrington, Berkshire, Province of Massachusetts Bay

Descendants

Died 30 Mar 1812 at about age 83 in Stockbridge, Berkshire, Massachusetts, United States

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Biography

Mary was born about 1729 (died aged 83 in 1812), presumably in or near Malden, Massachusetts. She was the daughter of Samuel Stowers and Abigail (Unknown).

On 7 July 1748 she and Benjamin Willson, both from Leicester, were married there.^[1] Their marriage was later also recorded at Spencer.^[2] They had:

1. Mary, b. 29 December 1748 at Leicester,^[3] bp. 23 June 1753 at Spencer^[4]
2. Abigail, b. 18 July 1751 at Leicester,^[3] bp. 23 June 1753 at Spencer^[4]
3. Rachel, b. 8 January 1753 at Leicester,^[5] presumably d. bef. June 1753
4. Sarah, b. abt. February 1755
5. Phebe, b. est. abt. 1757
6. Benjamin Stowers, b. est. abt. 1759

Benjamin presumably died about 1759 or 1760.

On 15 September 1763, she signed "Mary Willson" on a document stating she had no objection to her father's will.^[6]

Mary had a relationship with Elijah Williams of Stockbridge in 1763 resulting in a child out of wedlock who was named after his reputed father:

1. Elijah Williams, b. 14 April 1764 at Stockbridge^[7]

Mary, described as a "single woman", sued Elijah for child support. The case was held at the the Court of General Sessions of the Peace at Great Barrington on the first Tuesday of September 1764. Elijah Williams "wholly refuses to contribute anything to the support of the same child... and says he is not guilty", and "sundry witnesses are sworn and examined touching the veracity and chastity of the said Mary". It met again on the 4 December 1764, though Elijah petitioned for more time to answer the complaint, which was granted. On 13 April 1765 it met again and the court found that "Elijah Williams Esq. [to] be the reputed father of the said bastard child... ordered that he stand charged with the maintenance of the said child together with the assistance of the said Mary Willson". He was ordered to pay £0-2-6 a week for the child's maintenance, starting from the birth of the child.^[7]

On 22 September 1766 Mary, as an "unhappy petitioner", stated that Elijah had not paid anything towards the maintenance of the child since the last court decision, and that she was served noticed at sunset to attend a the Superior Court hearing in Springfield. Without sufficient time to prepare or travel to Springfield, she petitioned that it be continued to the next term so that she could present her case then.^[8]

On 25 December 1771, Mary Wilson and John Hickox were married by Rev. Gideon Bostwick of the St. James Episcopal church in Great Barrington.^[9]

Mary was named in the 4 February 1784 will of John Hickox of Great Barrington as his "beloved wife". He left her "one certain mare on which she commonly rideth together with the side saddle which she commonly uses", as well as a cow, feather bed and furniture, and the use and improvement of a third of his real estate during the term that she remains a widow. It was proved 3 August 1784.^[10]

Bloomfield, New York

On 18 July 1791, Mary Hickox of Great Barrington purchased 300 acres in lot 61 of township no. 10 of the fourth range of the Phelps and Gorham purchase in Western New York from Ehud Hopkins.^[11] This was in what's now East Bloomfield, Ontario, New York, about 2 kilometers southwest of the village of Bloomfield.

On 6 February 1800, Mary Hickox of Stockbridge sold to Jonathan Adams of Bloomfield her 300 acres.^[12] On 2 April 1801, Jonathan Adams sold back to the widow Mary Hickox "know [sic] of Bloomfield" the northern 81 acres of the same lot.^[13]

Mary Hickox of Bloomfield made her will 7 June 1801. She bequeathed to her son Benjamin S. Willson 60 acres at Bloomfield, and to her son Elijah Williams the remaining about 21 acres there. She willed to her daughter Sarah Judd her gold necklace, and the rest of her moveable estate equally to her daughters "Mary Higby, Abigail Train, and Phebe Pointon [sic]". She appointed her son Benjamin as executor. The will was witnessed by Jonathan Adams and John Adams.^[14]

Mary died 30 March 1812^[15] at Stockbridge.^[16] She is buried at Stockbridge Cemetery. The inscription on her gravestone reads:^[15]

Probate

Her will was read at court in Ontario County on 17 February 1813.^[14]

Her son Benjamin, appointed as executor, died by June 1813.^[17] Having not proved the will, on 5 September 1813 administration of the estate was granted to "Elijah Williams son of Mary Hickox".^[18]

Inventory of Mary's personal estate was taken by Israel Curtis and Elnathan Curtis, and was sworn to 17 September 1814 at Caanan, and affirmed 26 October 1816. It was valued at $82.64.^[19]

Elijah Williams, her son and administrator, claimed a $400 debt from 2 January 1796, and after interest calculated to be $1180.12. Sarah Judd claimed a $237.55 debt from 2 January 1814, and after interest to be $270.80, for a total of $1450.92.^[19] On 17 February 1817 Elijah peititoned the court to allow him to sell part of the estate to pay this debt.^[20] On 22 September 1818 Elijah began the process to sell part of this estate.^[21]

About two weeks later, 9 October 1818, Wanton Joslin whose wife was "one of the heirs at law of the said Mary Hickox" (a daughter of Benjamin S.) and stated that administration of Mary Hickox's estate was granted before their marriage, had seen the public advertisement that Elijah Williams had intended to sell the estate to pay "the supposed debts". Wanton "further sheweth that the said Elijah Williams... is not... an heir of the said Mary Hickox deceased, nor was he in anywise related to, or of kin to the said Mary Hickox deceased or as such entitled to the said administration." He also showed that the supposed debt "Elijah Williams has set forth as due to himself... are untruly and without foundation" and that "Mary Hickox at the time of her death was not at all indebted to the said Elijah Williams nor to the other person or persons as by him set forth... all of which facts the said petitioner is ready to prove".^[22]

Elijah Williams was summoned back to the surrogate's court.^[23] Court was held 26 October 1818. Wanton Joslin, by a number of witnesses, showed the court that "Elijah Williams was generally reputed a bastard son of the said Mary Hickox and one Colonel Williams formerly of the town of Stockbridge in the Commonwealth of Massachusetts". Elijah Williams did not contest this, but stated that "when he applied... [for] the letters of administration... [he] declared himself to be the only surviving male heir of the said Mary Hickox." Wanton then proved that Elijah did not "cite or summon the next of kin of the said Mary Hickox". The surrogate examiner was convinced that "Elijah Williams was not an heir of the said Mary Hickox nor in anywise of kin to her," and that the letters were obtained by misrepresentation. He declared the previous letter of administration null and void.^[16] There is no further record of Mary Hickox's probate in the Ontario County probate books.

Research Notes

As of this writing (January 2023), references to Mary (Stower) (Willson) Hickox online have been generally incomplete, usually including her three oldest daughters (and no further details on them), and maybe a connection to her father. Typically what was known of her is encapsulated in Ken Stevens' Descendants of Joh Wilson of Woburn, Massachusetts (1991). That is, her marriage to Benjamin Wilson, and the births of their three oldest daughters and baptisms of two of them. Stevens incorrectly assigns Mary (Willson) Higbee as a sister of Benjamin (he does state she was "probably" Deacon James' daughter, as opposed to confirmed as one), and assumes that she was the mother of Elijah William's son.^[24]

The discovery of Mary's Bloomfield will and probate proceedings was instrumental to understanding her family's composition. This howeever does not provide a solution to where Benjamin went or what happened to him.

Her son Elijah Williams was involved in a number of deeds with his sisters. Importantly giving their residences in the 1810s, and helping genealogically link them to their parents Benjamin and Mary. The wording of Mary's probate proceeding, and how Wanton Joslin's case focused on the legal heirs of Mary Hickox suggest that Sarah, Phebe, and (especially) Benjamin S. were all legitimate children. Unless Mary married another Wilson and left no record of it, it's safe to assume that Benjamin was their father.

Family

The 1801 will of Mary Hickox state the names of her two sons, and married names of her four daughters.^[14]

The births of her daughters Mary and Abigail were, judging by the other records on the same page of the Leicester book, recorded at the same time and shortly after Abigail's birth. Mary and Abigail were baptized together six months after Rachel's birth, suggesting that Rachel probably died in infancy. Her death may have triggered Mary and Abigail to be baptized.

No land record involving Benjamin Wilson in Stockbridge, Leicester, or Spencer has yet been located.

The birth locations of Sarah, Phebe, and Benjamin S. are not known. The family was in Stockbridge no later than 1763, though when they first arrived is unknown. The vital statistics kept in the first volume of the town end in 1754, and the second volume of town records begins in 1760. This gap in records neatly encompasses the birth years of these children, and presumably also the death year of Benjamin. The vital statistics that appear between these dates seem to have been written down after 1760 under each family. Presumbly Mary did not have another legitimate child after 1760 (that is, Benjamin S. was born before the start of these records) and so her children's births were not recorded in the new town book.

Elijah Williams' Quitclaim Deeds

After being named administrator in 1813, Elijah Williams sought out his half sisters and secured deeds from them quitclaiming their right as heirs to Mary Hickox's real estate in Bloomfield:

• February 1814, Abigail Train of Hopkinton, St. Lawrence, N.Y. Orin Train was a witness.^[25]
• 15 February 1814, Caleb Boynton and Phebe his wife of West Stockbridge, Berkshire, Mass. Henry B. Boynton and Rhoda Boynton were witnesses.^[26]
• 2 April 1814, Mary Higbee of Cato, Cayuga, N.Y. Jesse M. Higbee, Lodenia Higbee, and Isaac Higbee were witnesses.^[27]
• 4 July 1814, Sarah Judd of Union, Broome, N.Y. Moses Delano and Nathaniel Slossen were witnesses.^[28]

Signature

The 1763 signature of of Mary Willson, daughter of Samuel Stower^[6] is near identical to the 1766 signature of Mary Willson, petitioner regarding child support,^[8] though the later was written either on an uneven surface or with a shaky hand.

Sources

1. ↑ Leicester Town Records 1745-1787, p. 481.
2. ↑ 1744-1822 Births Marriages and Deaths [Spencer, Worcester], 1838 official transcript by James Draper, p. 250. Digital images of microfilm. FamilySearch. DGS film 007011108.
3. ↑ ^{3.0 3.1} Leicester Town Records 1745-1787, p. 503.
4. ↑ ^{4.0 4.1} VR of Spencer, p. 117-118.
5. ↑ Leicester Town Records 1745-1787, p. 505.
6. ↑ ^{6.0 6.1} Worcester County, Massachusetts. Probate files. File no. 57186, "Samuel Stower". Will of Samuel Stower. Digital images of microfilm. FamilySearch. DGS film 101355465.
7. ↑ ^{7.0 7.1} Suffolk County Court Files, volume 1153 "Hampshire and Berkshire Counties", no. 157399 "Mary Willson vs. Elijah Williams", summary of court proceedings.
8. ↑ ^{8.0 8.1} Suffolk County Court Files, volume 1153 "Hampshire and Berkshire Counties", no. 157399 "Mary Willson vs. Elijah Williams", 1766 petition of Mary Willson.
9. ↑ Von Sahler, L. Hasbrouck. St. James Church Records. Great Barrington, Mass., p. 62.
10. ↑ Berkshire County, Massachusetts. Probate File Papers. File no. 1228B "Hickox, John - Great Barrington - 1784". Digital images of microfilm. Berkshire County, MA: Probate File Papers, 1761-1917. Online database. AmericanAncestors.org. New England Historic Genealogical Society, 2017. (From records supplied by the Massachusetts Supreme Judicial Court Archives. Digitized images provided by FamilySearch.org)
11. ↑ Ontario County, N.Y. Deeds, vol. 7, p. 289.
12. ↑ Ontario County, N.Y. Deeds, vol. 9, p. 188.
13. ↑ Ontario County, N.Y. Deeds, vol. 7, p. 291.
14. ↑ ^{14.0 14.1 14.2} Ontario County, N.Y. Probate Records, vol. 6, p. 149 "Will of Mary Hickox".
15. ↑ ^{15.0 15.1} Find a Grave, database and images (https://www.findagrave.com/memorial/192242251/mary-hickox: accessed 18 January 2023), memorial page for Mary Hickox (1729–30 Mar 1812), Find A Grave: Memorial #192242251, citing Stockbridge Cemetery, Stockbridge, Berkshire County, Massachusetts, USA; Maintained by Cary Coverdill (contributor 48203365).
16. ↑ ^{16.0 16.1} Ontario County, N.Y. Probate Records, vol. 11, pp. 119-123 "Wanton Joslin and Elijah Williams, re: Estate of Mary Hickox".
17. ↑ Ontario County, N.Y. Probate Records, vol. 6, p. 318 "Administration of the estate of Benjamin S. Wilson".
18. ↑ Ontario County, N.Y. Probate Records, vol. 10, pp. 321-322 "petition to sell the estate of Mary Hickox".
19. ↑ ^{19.0 19.1} Ontario County, New York Surrogate's Court. Estate Inventory Files. File "Hickox, Mary". Digital images of microfilm. FamilySearch. DGS film 005121444.
20. ↑ Ontario County, N.Y. Probate Records, vol. 7, p. 149 "administration of the estate of Mary Hickox".
21. ↑ Ontario County, N.Y. Probate Records, vol. 11, p. 30 "order to sell the estate of Mary Hickox".
22. ↑ Ontario County, N.Y. Probate Records, vol. 11, pp. 116-118 "petition of Wonton Joslin [sic]".
23. ↑ Ontario County, N.Y. Probate Records, vol. 11, pp. 118-119 "Elijah Williams commanded to appear at court".
24. ↑ Stevens, Ken. Descendants of Joh Wilson of Woburn, Massachusetts. (1991), pp. 36 no. 4-47 Mary, 71-72 no. J04-041 Benjamin Wilson.
25. ↑ Ontario County, N.Y. Deeds, vol. 31, p. 241.
26. ↑ Ontario County, N.Y. Deeds, vol. 33, p. 257.
27. ↑ Ontario County, N.Y. Deeds, vol. 31, p. 240.
28. ↑ Ontario County, N.Y. Deeds, vol. 31, p. 489.

• Town of Leicester, Massachusetts. General Records 1745-1787. Digital images of microfilm. FamilySearch. DGS 007011115.
• Vital Records of Spencer, Massachusetts, to the End of the Year 1849 (Franklin P. Rice, Worcester, Mass., 1909).
• Suffolk County, Massachusetts Court File and Early Records 1629-1799. County Court Files "Miscellaneous Papers including probate, orphan, vital, allegiance oaths, bastard proceedings, etc.", volume 1153 "Hampshire and Berkshire Counties", no. 157399 "Mary Willson vs. Elijah Williams". Digital images of microfilm. FamilySearch. DGS film 008297108.
• Ontario County, New York. Deeds. Digital images of microfilm. FamilySearch. DGS films 007136384, 007136386, 007131268, 007131269.
• Ontario County, New York Surrogate's Court. Probate Records. Digital images of microfilm. FamilySearch. DGS films 005116107, 005116108, 005116109.