MySource:Quolla6/Noncupitative Will of Richard Borden 25 May 1671

Richard Borden died intestate, but left a noncupitative will. The following from Person:Thomas Barden (1) describes the circumstances of that will, but is probably taken from Source:Weld, Hattie Borden, 1899 Citation for primary source needed.

Richard seems to have passed away suddenly at a time when he had not arranged for the disposal of his widely-extended property. When it was announced to him that he had but a short time to live, he requested some of his neighbors to be called in as witnesses, and on their arrival he proceeded to make a "nuncupative will" by declaring what disposition he wished to be made of his property. These declarations were noted down in the presence of the witnesses, and though never revised by the testator, were approved by the Council at Portsmouth July 11, 1671, and established as his lawful will. If the case had not been so urgent, due reflection would have led him to make a more equitable distribution of his property among his children. As it was, the four older sons got nearly the whole and the three younger only forty pounds each, and the three daughters were left almost unprovided for, as also was his widow. But we may charitably hope that these omissions were duly attended to by his son Matthew, the executor, and that the wants of all were abundantly supplied.

From "Records at Portsmouth" fide: Person:Richard Barden (1).

1671, May 31--Will made by Town Council of Portsmouth on testimony concerning the wishes of deceased. Ex. son Matthew.

To widow Joan the old house and fire room, with leanto and buttery adjoining, and the little chamber in new house, and porch chamber joining to it; half the use of great hall, porch room below, cellaring and garret of new house for life. To her also firewood yearly, use of thirty fruit trees in orchard that she may choose, liberty to keep fowls about the house not exceeding forty, and all household goods at her disposal. She was to have thirty ewe sheep kept for her, with their profit and increase; fifty other sheep kept to halves, three cows kept and their profit, and to have paid her yearly a good well fed beef, three well fed swine, ten bushels of wheat, twenty bushels of Indian corn, six bushels of barley malt and four barrels of cider.

To son Thomas all estate in Providence, lands, goods and chattels except horse kind, he paying his mother Joan yearly a barrel of pork and firkin of butter.

To son Francis, lands in New Jersey.

To son John all land about new dwelling house of said John Borden, etc.

To son Joseph, £40, within two years after the death of his mother.

To son Samuel £40, half in six months after death of father and half in six months after death of mother.

To son Benjamin £40 within four years after death of mother.

To daughter Mary Cook, £5.

To daughter Sarah Holmes, £40, within six months after death of mother.

To daughter Amy Borden, £100 at age of twenty-one.

To granddaughter, Amy Cook, £10 at age of eighteen.

To son Matthew, whole estate after payment of debts and legacies, and if he die without issue said estate not to remain to any brother older.

Inventory, £1572, 8s. 9d.,

viz:

• 200 sheep, 100 lambs, 4 oxen, 9 cows, 4 three-years, 5 two-years, 7 yearlings, 5 calves; horseflesh in Providence, £60.

Four mares on the island, £20,

• horse £7, 10s;
• 6 colts, and other horseflesh at New London, £8.
• Thirty swine, 11 pigs, negro man and woman, £50; [This seems to include a typo of some sort.]
• 3 negro children, £25;
• turkeys, geese, fowls, Indian corn, rye, wheat, oats, barley, pease, 2 cheese presses, 6

 guns, pewter, 2 swords, 2 feather beds, 2 flock beds, hat case, silver bowl, £3; 

• cider, £2;
• money, £11;
• goods, £16;
• tables, form, settle, chairs, warming pan, books, £10.