Person:Daniel Thurston (12)

The Will of Daniel Thurston

"Be it known to all men by these presents that I, Daniel Thurston, Sen^r, of Newberry in the county of Essex in New England, being weak of body but of perfect memory, doe hereby make my last will and testament.

Commending my soul to God and my body when it shall depart this life to decent buriall in an assured hope of a blessed resurrection. And for my worldly goods which God of his mercy hath given me I dispose of as followeth, viz.:

I have by deed of gift under my hand and seale made over to my sonne Daniel Thurston one-half of my lands and meadow that I have in the town of Newberry known by the name of Rake Lott, which was done upon his marriage, with all priviledges and appurtenances yerto belonging, and I doe now make over to my sonne Daniel Thurstain All my buildings with the other half of all my lands and meadows with priviledges and appurtenances yrto belonging on conditions as follows:

First. That he, my said sonne Daniel, and his heirs Doth take care of and provide comfortably for his mother soe long as She shall remain my widow.

Secondly. I do oblidge my son Daniel to pay to my daughter Sarah the sum of thirty pounds in Cattell within two years after my decease.

Thirdly. I doe oblidge my sonne Daniel to pay to my sonne Joseph the sum of thirty pounds in Cattell within fower yeares after my decease.

Fourthly. I doe oblidge my sone Daniel to pay to my sonne Steven the sum of thirty pounds in Cattell Five years after my decease.

Fifthly. I oblidge my sonne Daniel to pay to my daughter Abigail the sum of thirty pounds in cattell within eight years after my decease.

Item. I give and bequeath to my sonne James a parcel of land lying in Newberry known by the name of my Rake Lott with my pistolls and houlsters, which is held in full of his portion.

Item. I also give to my sonne Joseph a p^r of loomms with the tackling belonging to them and also a cowe and a gun.

Item. I give to my son Stephen a pair of loomms and my carbine.

Item. I doe also give to my daughter Hannah five shillings which is to be with what I have before given her in full of her portion.

Item. I give to my daughter Sarah fiveteen pounds which she shall have out of my household goods which is to be in full of her portion.

Item. I doe also leave all the rest of my moveable estate in my sonne Daniel's hands, except a fether bed and furniture belonging to it and to the value of other five pounds in other household stuff, which I do leave to my beloved wife to make use of during her life.

And I give my son Daniel full power as administrator to receive all my debts due to me by bills or otherwise. And I doe also order him, my said sonne Daniel, to pay for my funerall expenses and also to pay all my lawful debts which he is to do out of my movable estate. And if there be any overplus the rest of it is to be divided amongst four of my children, viz., Joseph, Stephen, Sarah and Abigail. But if it soe fall y^t yer be not enough of my movable estate to pay all my lawfull debts then I order that my son Daniel shall be abated so much of the hundred and twenty pounds which he was to pay to his brothers and sisters above mentioned as will discharge the remainder of my debts, and my four children, Joseph, Steven, Sarah, and Abigail, shall beare it equally among them, and I doe desire my loving friends John Poore, Henry Poore, to be the overseers of this my last will and testament. I hereby revoking all former wills of myne. In confirmation of what is before written as my last will and testat, I have hereunto set my hand and seale the 17 day of January, 1692-3. The mark of Daniel Thurston.

Signed, sealed, and declared in ye presence of John Poor, Thomas Hale. The mark of Stephen Thurston."^[2]

"[Author's] Note. I have inspected the original document in the probate office in Salem, and it is scorched as though it had been thrown in the fire and rescued from the flames before being consumed. It is mere conjecture that this was done, and that the addendum following, dated the same day, was made to appease somebody who was dissatisfied with the first part of the will. A. S. Thurston."^[2]

"For some addition to what is above written, Whereas it is expected that my beloved wife shall haive a feather bed and furniture and five pound more out of the house during life and also that my daughter Sarah shall have fourteen pound out of the household stuff, And whereas I left the rest of my movables within doors to my son Daniel, My will now is that after my daughter Sarah have had her fiveteen and my beloved wife her bed with furniture and her five pounds that then what is left of my movable estate within doors shall be equally divided between my daughters Sarah and Abigail and prized to them as part of their thirty pounds apeace, and so much as it amounts to shall be taken off from the sixty pounds in Cattell which my son Daniel was to pay them. And my will is that my son Daniel shall pay all the abatement of said sixty pounds to my two sons Joseph and Stephen. And Whereas it is above provided that if my movable estate without doors will not pay all my lawfull debts, that then my son Daniel shall be abated so much of the hundred and twenty pound which he was to pay his brothers and sisters as would discharge the remainder of my debt, and that my two sons Joseph and Stephen and my two daughters Sarah and Abigail should bear it equally between them, My will now is y^t if my movable estate without doors will not discharge all my lawfull debts, that then my said Daniel shall take out of what I ordered him to pay my two sons Joseph and Stephen Soe much as will discharge the remainder of my debts and with the same pay the remainder of my engagements.

And whereas I have given to my beloved wife a bed with furnitur and five pounds more out of the house which she is to have during her life, my will is that at her decease it shall be equally divided between my two daughters Sarah and Abigail. My will further is that whereas I did order my son Daniel to pay his brothers and sisters portions in Cattell, my will is that it shall be paid in neat Cattell under Seaven years old.

As witness my hand the 17 January, 1692-3. The mark and seal of Daniel Thurston.

Signed, sealed, and delivered in the presence of us, John Poore, Thomas Hale. The mark of Stephen Thurston."^[2]

1. ↑ ^{1.0 1.1 1.2 1.3} Daniel Thurston¹, in Thurston, Brown. Thurston Genealogies, 1635-1892: Second Edition. (Portland, Me.: Brown Thurston, 1892)
   12.

   Daniel Thurston,¹ the "kinsman," and probable ancestor of all the Newbury Thurstons, married, Oct 20, 1655, Anne Pell., a daughter, as Savage supposes, of Joseph Pell of Lynn, the same town whence came Ann Lightfoot, the wife of the elder Thurston, a circumstance adding probability to Savage's conjecture. He was a trooper in Captain Appleton's company, and was paid £4, 10s., June 24, 1676. He died Feb. 19, 1693.

2. ↑ ^{2.0 2.1 2.2} Daniel Thurston¹, in Thurston, Brown. Thurston Genealogies, 1635-1880: [First Edition]. (Portland, Me.: Brown Thurston and Hoyt, Fogg and Donham, 1880)
   24-25.