Josiah Fish (1681 - bef. 1710)

Born 13 Feb 1681 in Sandwich, Barnstable, Plymouth Colony

Ancestors

Died before 25 Jan 1710 before age 28 in Sandwich, Barnstable, Province of Massachusetts Bay

Problems/Questions Profile manager: Bobbie Hall [send private message]

Biography

Josiah Fish was born on 13 February 1681 in Sandwich, Barnstable, (then) Plymouth Colony, the son of John and Margaret (Freeman) Fish.^[1]

Josiah died unmarried and childless before 26 January 1709/10. He wrote his will on 23 December 1709 at Sandwich, which was proved on 26 January 1709/10. His will named his brothers John and Edmond, as well as three unnamed children of John. His uncle, Edmond Freeman Sr., to be his executor.^[2]

Probate

Will:

In the name of God Amen, the twenty third day of December 1709. I Josiah Fish of the Town of Sandwich In the County of Barnstable New England Being very sick & weake in body but of perfect mind and memory, Blessed be God for it. Therefore calling to mind the mortality of my body And knowing that I must die do make and ordaine this as my last will and testament. That is to say principally and first of all I give and Recomend my soule into the hands of God that gave it And my body I recommend to the earth to be buried in Christian Decent burial at the discression of my executor nothing doubting but at the Resurection I shall receive the same again by the power of God. And touching my worldly estate I give demise and dispose of the same in the following manner & form.

Imprimis. I make and constitute my loving uncle Edmond Freeman Senr sole executor of my whole estate.

Item. I give to my brother John Fish's three children twenty pounds apiece my debts first being paid.

Item, I give to my brother Edmond Fish forty pounds and the remainder of my estate to be divided among the aforesd three children and my brother Edmond Fish.

Item, I give to my brother Edmond Fish my mare wholly and solely without any regard to the rest of my estate.

Item. I ordain and order that If my estate does not amount to ye fore mentioned sum of an hundred pounds it should be proportionated to the three children ------ to my brother Edmond Fish.

I give to my brother Edmond my wearing clothes absolutely considered without any Respect to the rest of my estate.

I give to my brother John Fish my gun not reconing it with ye rest of my estate.

Josiah C Fish (seal)

his mark

Signed sealed and

declared In presence

of John Nye.

Benjamin Freeman

Thomas Robie.^[3][2]

Will proved:

"January the 26th 1709/10 Then Mr Thomas Robie, John Nye and Benjamin Freeman whose names are hereto sett as witness before Barnabas Lothrop Esq. Judge of ye Probate of wills and for granting letters of Administration within the County of Barnstable and made oath that they did see Josiah Fish Late of Sandwich now deceased signe and seale this Instrument and heard him declare it to be his last will and testament and yt he was of disposing mind & memory when he so did so far as they knew.

Attest. Wm Bassett, Regtr."^[3][2]

Administration:

To Mr Edmond Freeman of Sandwich Executor to the last will and testament of Josiah Fish Late of Sandwich in the County of Barnstable deceased :Greeting:

Whereas it appears unto me Barnabas Lothrop Esqr Comissionated by ye Governour and Councill to be the Judge of Probate of wills and for granting Letters of Administration upon the estates of persons dying Intestate within sd County that the sd Josiah Fish by his said last will did give unto the three children of his brother John Fish twenty pounds a peice. And to Edmond Fish brother of the deceased forty pounds and the remainder of his estate to be divided amongst the sd three children and the sd Edmond Fish his brother (only excepting the mare, wearing clothes and gun of sd deceased which are otherwise disposed of by the sd will) And forasmuch as it appears that the sd Edmond Fish brother of the deceased dyed soon after the testator. It is therefore granted and concluded that what was given in the sd will unto the sd Edmond Fish deceased he dying a minor and Intestate it now of Right belongeth to John Fish the Father of the sd Josiah Fish and Edmond deceased And that you may pay out the same accordingly & after debts and funeral charges and what is necessarily and justly become due from sd estate is first paid and Responded & what was given by sd will unto the three children of the sd John Fish ye brother of sd deceased you may also pay unto the sd John Fish their Father for the use of sd children If he give you bonds with sufficient surety or suretys bound with him that he will pay each of sd children their respective part & portion thereof when they shall arive to Lawfull age to Receive the same.

In testimony whereof I have hereunto sett my hand and seale of the Court of Probate this eleventh day of May in ye ninth year of her Majties Reign Annoge Domini 1710.^[3][2]

Sources

1. ↑ C.L. Kardell and R.A. Jr. Lovell, compiler, VRs of Sandwich MA to 1885 (Boston, MA: NEHGS, 1996), p. 14, citing Sandwich Town Records 1:185.

   "Josiah ffish the son of John ffish was borne the 13th day of Febuary anno:dom: 1681"

2. ↑ ^{2.0 2.1 2.2 2.3} Barnstable County Probate Records, Vol. 3:78, Will of Josiah Fish, document dated 11 May 1710.
3. ↑ ^{3.0 3.1 3.2} Records of Barnstable, MA, from the Gustavus A. Hinckley Collection (Boston, MA: NEHGS, 2001), BCP 3:78, Will of Josiah Fish, dated 23 Dec 1709

• Sandwich, Mass., Records, The Genealogical Advertiser (Lucy Hall Greenlaw, Cambridge, Mass., 1900) Vol. 3, Page 73.
• Sandwich, Mass., Vital Records, The Mayflower Descendant (Massachusetts Society of Mayflower Descendants, Boston, 1912) Vol. 14, Page 111.