Person:Elisabeth Montgomery (1)

Division of Husband's Estate

These presents declare unto whom it may any wise concern, that I, Elizabeth Townsend, widow of the late deceased John Townsend, in Oyster Bay, in the north riding, on Long Island, because my said husband deceased without any will, I herein, with the advice of my husband's two brothers, Henry and Richard Townsend, and with the advice and consent of my two eldest sons, John and Thomas Townsend, all of Oyster Bay, above said, have together parted my said husband's estate amongst his six younger children, for their portions, instead of a will, by which will, each of the children, namely, James, Kose, Anne, Sarah, George, and Daniel may know what shall be, and what to claim for their portion of their father's estate, and this to stand firm and unalterable by me, or any through, or by me, but to remain for a settlement of peace between me and my children, which is as followeth.

Imp. 1st. Unto my son James, I give for his portion out of the estate, in present possession, in lands. beside cattle and horses lie have in hand already, first, three acres of land and three-quarters, lying on the south side of that was old Armitage's lot, in Oyster Bay, lying or adjoining to the highway on the eastward and western sides, with commoning and common privileges to it, of wood, land, timber, as other such lots have; and he is to have the land upon part of his common right, that his father did improve, on the east side of Matinecock Creek, joining on the south of his uncle Henry's land, and two shares of meadow lying on the west side of the Creek, or Beaver Swamp, and one share of meadow on the east of the said Creek; and he is to have the land his father fenced and improved on the west side of the Mill River Swamp, with the share of the swamp joining to the east side of it; and he is to have six acres of Plains, and a quarter of a share of meadow at the south, and so much of the south side of the swamp at the rear of my house as proves to be mine, of which swamp Josias Latting hath a part.

To my daughters I do engage to give to each of them thirty pounds apiece, for their portion, and to my eldest daughter Elizabeth, although not above mentioned, yet she is to have, with what she hath already received, thirty pounds, all at such pay as passes between man and man, after the rate of Indian corn at three shillings a bushel, and wheat at five.

2d. To the said Elizabeth, or her husband, Gideon Wright, towards her portion, I give, with what her father had befpre given her already, first, two cows, ten pounds; a young horse, five pounds; a bed and furniture, ten pounds; two sheep, one pound; one kettle, one pound; in all twenty-seven pounds; and Gideon, lier liusband, is to have three pounds more; and that will be thirty pounds in all.

3d. To my daughter Rose I give half a share of meadow at the south, with two cows and two calves she hath already received, and commoning in Oyster Bay, with twenty-six acres of land, and three pounds in Richard Townsend's hands, and a yearling mare colt, it all being called by us at thirty pounds.

4th. To my two youngest daughters, Anne and Sarah, their portions are to be thirty pounds apiece, out of the stock or in lands, as they may desire, if their mother decease before their portions are paid; but if they be disposed of in marriage while I remain a widow, I have liberty to pay to each of them their portion in cattle or land, as I see they have most need and I able to do it, or part one, part of the other.

5th. It is my will, and I do fully agree that my two youngest sons, George and Daniel, shall have these two homesteads I now possess, with the privileges belonging to them, after my decease, but they are to be mine and for my use, to possess and enjoy for my use and comfort, during my life, and at my decease to be theirs as above said, with privileges as follows: to each party is nominated his particular interest.

6thly. To my son George I give for his portion as above said, being the eldest, the house and house lot that I now possess, and orchard which then shall be on it, and two shares of meadow that lie in the Town of Oyster Bay, which was bought with the lot, and six acres of Plaing, with connnoning and common privileges, in the First Purchase of the Town.

7thli. To my youngest son, Daniel, above mentioned, after my decease above said, is to have the other lot, or that part of land lying between his brother James's lot and his brother George's lot. It was bonght of old Armitage. I say, he is to have it, with the privileges belonging to it; namely, two shares of meadow lying on the north side of the town, which was bonght with the lot of the said Thomas Armitage, and six acres of Plains, and twelve acres of land and common privileges.

And I do by this will and appoint, that if I decease before these my two yoifngest sons be of age, that two of their eldest brothers take them and bring them np, and to have the use of the boys' land and what other goods and chattels fall to them. The goods and chattels are to be priced when they receive it, and delivered back to the said boys the same price or value again, when they go from their brothers, whether they be of age or not; for I do appoint my brother, Henry Townsend, their uncle, to have the oversight of them if he outlive me, and to remove one or both to the rest of their brothers or sisters, with the lands and estates to make use of toward the bringing up of the said lads; but when they go away to have their whole principal returned to or with them, but not to remove them without their complaint to him on good grounds, for the said removal, of hard usage.

And I do by this will and appoint that, at my decease, unalterable by me, or any through or by me, all my estate undisposed of, as goods, household stuff, and cattle, are all to be equally divided amongst all my living children; and I further order and appoint that, if any one or more of mj said sons or dangliters die under age, undisposed of in marriage, tlie deceased's lands and estates are all to be divided equally amongst all my living sons and daughters; but it is still to be understood that vrhoever have the bringing up of the two young lads, and the use of their estate towards their maintenance, their lands and houses is with fences to be delivered up in good repair as when they received it, and the property of lands and houses, and orchard, is not to be altered to or from either of the said lads, although the property of other goods or chattels may be altered upon just and honest terms. And further, it is agreed that my eldest son, John, is to have such land at Hog Island, at my decease, or at south, if I leave any undisposed of, to my youngest daughters, Anne and Sarah, above said. But a lot on Hog Island, of the third di\dsion, number ten, my husband gave my son Thomas. Unto all the promises and engagements above mentioned, I do hereby engage to perform, under my hand and seal, the twenty-third year of the reign of Charles the Second, King of England, and the tenth day of the fifth month, 1671. Before signing was entered in the fifth and eighth lines, that I now as witness my hand and seal,

Elizabeth Townsend.

In the presence of us,

Moses Furman,

Benjamin Hubbard.

I do own my brother Richard did consent to the substance of which is above mentioned, and with my advice also, as witness my hand.

Henry Townsend.

And we consent to the above said.

John Tow'nsend, Jajvies Townsend,

Thomas Townsend, Gideon Weight.

Information on Elisabeth Montgomery

There is a record stating that Elizabeth was visited by a 1st cousin, Gov. Thomas Donagan (also spelled Dungan and Dongan) of early Limerick, Ireland. He could have been a cousin on her mother's side. A volume on Dongan family covers that branch. - From Margaret Behme, 7072 W. Coldwater, MI 48433 - 9/17/1985

Some sources list wife of John Townsend as Elizabeth Coles, daughter of Robert Coles, but Elizabeth Coles appears to be Elizabeth Montgomery's Mother based upon other sources.

1. ↑ ^1.0 1.1 Howard, Paul, 214 Main Street, Greenup, Kentucky, 41144, e-mail: paulh@@ramlink.net, web page: http://ram.ramlink.net/~paulh.
2. ↑ Behme, Margaret - Flushing MI 48433.