Theophilus Shatswell's Will of 1663

Date: 1663 [unknown]
Location: Haverhill, Norfolk, Massachusetts Bay Colony
Surname/tag: Shatswell

Probate Documents for Theophilus Shatswell

Transcribed Source: The Probate Records of Essex County, Massachusetts, Volume I, 1635-1664 1:424-28 (Salem: The Essex Institute, 1916). images 444-48 of 552, pp. 424-28 at HathiTrust.org.

Original Source: Essex County, MA: Probate File Papers, 1638-1881 (New England Historic Genealogical Society, 2014) From records supplied by the Massachusetts Supreme Judicial Court Archives; images of pp. 25121:1 25121:13 by subscription AmericanAncestors.org.

Family members listed in will (in order of appearance):

• Theophilus Shatswell - testator/self - Theophilus Shatswell (abt.1600-1663)
• Mary - eldest daughter - Mary (Shatswell) Rundlett (abt.1642-abt.1709)
• Lidea - daughter - Lydia (Shatswell) Griffin (abt.1645-1729)
• Susanah - wife - Susannah (Bosworth) Shatswell (abt.1620-bef.1672)
• Hannah - daughter - Hanah (Shatswell) Mercer (1651-1670)

The transcription has had line breaks added to it for easier reading of bequests. Names have been bolded for easier identification. The brevigraph "ye" has been rendered "[th]e".

Nuncupative Will of Theophilus Shatswell

Written 20 Jul 1663; Jonathan Singletary wrote the will and Theophilus signed it.

Proved in Hampton 13 Nov 1663

Estate of Theophilus Shatswell of Haverhill.

The Last will of Theophelus Satswell: Datted [th]e twenteth day of [th]e fourth : m" in [th]e yeare of o' lord one thousand six : hundred Sixty & thre Memorandum : In [th]e name of [th]e Lord Amen. I Theophelus Satswell being but weake in bodey, but of perfitt memory doe Bequeath my soull to god that Gaue it & in his time my bodey to [th]e graue in a christian & deasent maner of buriall & my goods to be : Dispozed of as followith viz:

I giue to my eldist Daughter Mary dureing her life one hundered & tenn : Acres of Adishon to [th]e 3'd deuishon of upland with all privledges to it belonging, & one & thirty Acers of 2'nd deuishon Adjoyneing to wilya: Deales Land & six : aceres of planting Land adjoyneing to his Land by [th]e great riuer And one partiell of [th]e East meadow with a 3'd partt of my Salt marsh at Salsbury & hogghill meadow Also half of my 4'th deuishon of vpland for quantity and quallity it being in [th]e whole thre hundred & 15 acers w'th all Preuiledges therevnto belonging & a young gray hors & [th]e vse of a payer of bullocks two years ||allready receiued|| w'th other things

Allso I giue unto my daughter Lidea: dureing her lif ||[tha]t farme|| beyond Spickitt riuer as it is bounded bettwen Steuen Kentt And Wilyam Simons & [th]e meadow [tha]t lyeth out of [th]e farme vpon [th]e brook at [th]e head of thomas Dauises 3'd Deuishon half [th]e meadow being gourg corlis & half mine not yett parted & a white mare & [th]e coult [th]e cam of The mare calle[d] her mothers mare with other things alreadey receiued

Also I giue Hanill Clark my whole pportion of hauks meadow & [th]e 3'd deuishon of vpland belonging To Sauages Land Layed out beyond haAikes meadow vpon a chaing betweene Robertt Swan & 1 & tenn pounds al If he stay w'th me or mine untill he be one & twenty years of age: || or else null all||

And I make my wif Susanah & my Daughter Hannah Executors & Administrato[rs] all my other Lands houseing catle & all other herrediments

And at [th]e Death of my wif then my will is [tha]t my Daughter Hannah shall be sole Administratour & if hannah dye then [th]e other sisters Adminestring,

Also my will is in all aboue written [th]e my lands after the desease of my daughters Shall goe to there children by [th]e heade to part alike & if any of my daughters dye leaueing no child nor children Then her partt so dyeing shall be to all [th]e liueing children alike pportion pseeding from her other Sister

Further I Desire my Brother Wilyam Sargent: & my Kinsman Lefttenent Philip challis To be my ouer Seers To Se this my will fulfillid accord : to [th]e tennor of it.

Theophelus Shatswell.

Witness : Jonathan Singltary, Edward clarke.

Proved in Hampton court 13 : 8 : 1663 by Edward Clark.

Jonathan Singltary, aged forty nine or thereabouts made oath July 1, 1680 that he wrote the above at the desire of Theophilus Satchwell and saw him sign it.

[page 1 of inventory]

Inventory taken Sept. 8, 1663 by John Eaton, sr. and John Emmerry, sr. :

one bed & bedsteed in [th]e chamber & ffurniture belonging to it, 5 li.

another bed in [th]esame chamber & fEurniture to it, 4 li. 10s.

sheetes & pillowbeeres & table linnen, 4 li.

in English goods brought in for a debt, 9 li. 6s.

2 chests, a little trunck, a hogshead & other lumber, 2 li.

her wearing apparrell, in case [th]e Court needs to have it, 5 li.

in [th]e kitchin: pots, kettells, pewter & other nessessary houshold stuff, 5 li.

a parcell of old Indian Corne in [th]e chamber, 1li

a corslett & pike & sword. 1 li. 10s.

sheeps wool & cotton wooll, 1 li.

a bed & bedding in [th]e upper chamber, & other nessessary things, 3 li. 10s.

his wearing apparrell, 6 li.

a parcell of carpenters tooles & tooles for husbandry, 2 li. 10s.

a cart & plow & cart rope, 2 yoakes & 2 chaines, a horse harnesse, a bridle, saddle & pillion, 5 li.

a parcell of wheate in [th]e barne, 5 li.

[th]e hay, 7 li.

4 tun of pork cask, Hi. 48.

a [par]cell of flax undrest, 10s.

[bottom edge of page torn, last line of inventory illegible] 8 li.

[page 2 of inventory]

[top edge of page torn, first line of inventory illegible]

Indian Corne upon [th]e ground, 12 li.

[th]e house & barne, orchard, homelott & timber to repaire the house, 40 li.

2 acres & a halfe of land by Ed: Clarkes house lott, 12 li. 10s.

a [par]cell of planting Land in [th]e plaine, 45 li.

land att [th]e Hand, l0 li.

2 parcells of meadow att [th]e east meadow, l0 li.

his North meadow, 12 li.

3 higly pigly salt marsh lotts att Salisbury, 12 li.

36 acres of upland in 2 parcells, adjoyning to Will: Deales lott below [th]e little river, 30 li.

his 3 division of upland, 90 li.

his 4th division of upland, 40 li.

a [par]cell of meadow att hoghill meadow. 1 li.

his [par]t in beare meadow, 12 li.

a [par]cell of meadow in hawkes meadow, 12 li.

88 acres of upland of [th]e 3 division, 45 li.

3 cowes & a heifer, 18 li.

2 oxen & 2 steeres, 27 li.

2 mares, 3 colts, one riding horse, 2 yearling colts, & one yearling colt, 65 li.

his [par]t in [th]e oxe com[m]on, 20 li.

in swine, 9 li.

3 sheepe. 1 li. 10s.

30 acres of upland or thereabouts joyning to his 3 division in lieu of [tha]t he wanted elsewhere, 20 li.

110 acres of his addition to his 3 division of upland, 30 li.

his pt of [tha]t meadow w'ch is to be devided betwixt him & George Corlis, 8 li.

in debts [?] about [th]e sum of 3 li.

in debts [tha]t he doth owe about [th]e sum of 14 li.

for anything unseen or forgotten, 10s.

the sume is [tear in paper] 759 li. 10s.

More for five Comonages, — .

Attested in Hampton court 13: 8: 1663 by Susanah Satchwell relict and executrix of Theophilus Satchwell.

Petition of Edward Clarke of Haverhill to the court at Boston, May 29, 1671 shewing that Theophilus Satchwell in his will gave to his youngest child nothing in particular but left her to be joint executrix with his wife. The said daughter being afterward married, died in childbed, and her husband also died a few months afterward leaving a young child; the estate all being the mothers during life it was thought that by the daughter being executrix, after the mother's death that she would have all the lands and the mother gave the son-in-law a deed of land but the relations opposed it asserting that it was entailed land to the other children. Now the son in law has left no estate only this land and many debts and as executor Edward Clark appeals to this court for advise and direction in the matter as there is nothing to care for the child with.

Referred to the County Court of Norfolk to find the true state of the case and return to this court that they may be better enabled to order the settleing of the estate. Mass. Archives, vol. 15B, page 241.

Petition of Haniell Bosworth of Ipswich to the Ipswich court Apr. 10, 1683, he being guardian of Abiall Messer of Haverhill and administrator of the estate requesting that the estate may be settled on the said Abiall according to the will of Theophilus Shatswell of Haverhill, his grandfather, and also that Isarell Bla may be appointed guardian and administrator in his place, he being very weak of body, till he come of age to choose for himself. He also states that he has received but one small warming pan and three smale puter platers, the rest of the moveables John Grifin had and hath not yet given account of.

Bond of Abiall Mereier of Haverhill of 150011. administrator, with James Sanders and Elisha Davis, both of Haverhill as sureties, Signed and sealed June 19, 1704. Witness: John How, Daniel Rogers.

Inventory of the estate of Theophilus Satswell, Abial Mercer administered on which was not otherwise disposed of by the will, taken June 29, 1705 by Jonathan Handick (Hindrick. copy) and Samuel Dalton

his homelot six acres, 40 li.

Land in The great plaine, 40 li.

Three accres of Est medow, 15 li.

five acre of north medow, l0 li.

medow at bare medow, 13 li.

Twenty two acres of ox comon, 30 li.

Land on the Ileland, 15 li.

nine rights in the comone, 20 li.

a percel of Land, 13 li.

Sworn to by Abiall Mereier, admr., July 9, 1705. Essex Co. Probate Files, Docket 25,131.

Theophilus Satchwell in his will appointed his wife and Hannah his daughter to be executors and they both dieing before they had completed their trust and the two surviveing daughters having renounced their right of administration the Court appointed Abiall Mercier of Haverhill only child of said Hannah and grandson to said Theophilus Satchwell administrator of the estate. Signed and sealed at Ipsvrich June 19, 1704 by John Appleton. Essex Go. Probate Records, vol. 308, page 230.