Person:John Colby (1)

Estate of John Colby of Amesbury

"Know all men by these presents That I John Coleby off y^e Towne off Amsbury in y^e County off Norfolke NE being weake & infirme off body yett through Gods goodness off perfect memory & und^rstanding Doe make this my last will & testam^t as followeth: 1: Inprimis I commend my Soule into ye hands off X^t my Redeem^r & my body to y^e grave decently to be buried att ye chardge off my Executrix whome I shall here after name & appoynt: In hopes off a joyfull resurrection. 2 I dispose off my worldly Goods as is hereaft^r expressed: scil: My will is ^y all my Just & due debts be duly payd & discharged by my Executrix: unto wch purpose, & not otherwise but only for y^e payment off any Just & due debt off mine, & y^t only only in such case off absolute necessity as y^t y^e debt cannot be otherwise dischardged & satisfied I doe Invest my Executrix with full pow^r to sell any part off y^e land or estate in this present Instrument hereaft^r by mee bequeathed unto my two sons or eldest daught^r. Alwayes provided y^t itt be not done without y^e advice off those whome I shall appoint ov^rseers off this my last will & testament: Whose advice also by her is to be had in y^e disposall off any oth^r land or stock by way off sale & alienation in any case whatsoev³ 3: Alsoe my will is y^t in y^e first mentioned case y^e Damage done thereby unto any off my sayd children shall be born & sustained by every off them three proportionably to y^e value off the severall legacies or portions by mee bequeathed vnto y^m in this my last will & testament viz: y^t child out off whose land or estate any such sale shall be made shall have his or her damage according to the formentioned ord^r & proportion made vp out off y^e land portion or estate off y^e other twoe by such sale not damnified or less damnified: y^e child damnified alsoe bearing his or her own pticul^r proportion off y^e loss or damage by such sale 4: Also I give & bequeath unto ffraunces Coleby my wife my now dwelling house & y^e land orchard outhousen with all fences priviledges and appertinances & town rights thereunto belonging. As also one third part off all the lands y^t I now stand seized & possessed off during her life. 5 Also I give & bequeath unto John Coleby my eldest son to him & to the heirs off his body lawfully begotten for ev^r one halfe of a lott off meadow in y^e towne off Salisbury commonly called Groomes lott, scituate in a place commonly called the higglety pigleys lying betwixt the lotts off John Dikerson & William Boswell when he shall come to y^e age off twenty one years. Att w^ch time iff my son John shall & will make ov^r his right, title & interest unto his lott in y y^e childrens land commonly soe called in y^e town off Amsbury: unto my Executrix then I doe moreovr give & bequeath unto him & his heirs as before sayd all y^t land w^ch I purchased of the Town of Amsbury which iff my s^d son shall refuse to doe my will is y^t y^e s^d land purchased off y^e Town shall be equally divided amongst all my children to ║be║ inherited by them & y^e lawfull begotten heirs off their bodyes for ev^r. 6: My Will furth^r is That my son John shall remaine with & helpe my wife his mother untill y^t he come unto y^e age off twenty one years 7 I give & bequeath unto Thomas Coleby my youngest sonn all my land in & adjoyning unto y^e greatt plaine being two lotts y^e one purchased off Edw^rd Gove more perticularly specified in the deed I had off him y^e oth^r being a lott w^ch I had off my ffath^r Coleby: & y^e oth^r halfe off y^e s^d Gromes lott, every off which premises he is to be possessed ║of║ for an inheritance unto himselfe & y^e heirs off his body lawfully begotten forev^r aft^r y^t he shall come to y^e age off twenty one years. 8: My will is y^t iff any off my sons depart this life without an heir off their body lawfully begotten y^t then the portions bequeathed to them shall be equally divided amongst all y^e rest off my children then surviving 9: I give & bequeath unto Sarah Coleby my eldest daughtr my little pasture lying by ye Powow Riv^r side, w^ch I purchased off my Broth^r Sam^ll Coleby to be immediately possessed by her for an Inheritance for herselfe & y^e lawfull begotten heirs off her body for evr aftr my decease: As alsoe my now dwelling hous, land, orchard. & outhousen, with all priviledges & appertinances Thereunto belonging to herselfe & heirs as before aft^r the decease off ffrauncos my wife:

"10 My will is y^t my wives thirds out of every parcell off land bequeathed unto my two sonns & eldest daught^r shall be excepted to remaine firme unto her prop^r use & benefitt during her life 11: I give & bequeath unto my daught^rs Elizabeth & ffraunces Coleby five pounds apiece to be payd unto each off y^m att the day off mariage or att y^e age off twenty years iff they marry not before by my son John Coleby: 12 I give & bequeath unto my daugh^rs Mary & Hannah Coleby unto each off them five pounds apiece to be payd unto Them by my son Thomas Coleby when he my sayd son shall come unto y^e age off twenty three years. 13 Also my will is that iff any off my daugh^rs shall depart This life without an heir off their bodies lawfully begotten then y^e portion or legacie bequeathed by mee shall be equally divided amongst the rest off my daught^rs then surviving. 14: I give also & bequeath all the rest off my whole estate both moveable & immoveable, lands, chattels both personall & reall unto ffraunces my wife: Whome I make, constitute & appoynt sole executrix unto this my last will & testament. 15: ffinally I doe make & appoynt my trusty ffriends: My broth^r Samuell Coleby off haverill & my Loving friend Thomas Barnerd jun^r off Amsbury ov^rseers off this my last will & testamentt, to see & take care y^t in every ptic^r itt be duly pformed. And in confirmation off y^e forewritten premisees to be the pticl^r contents off my last will & testament I the Sayd John Coleby have hereunto subscribed my hand & seale. Dated This twenty second day off January Anno Domini: one thousand six hundred seventy three (Seventy four) 22: 1: 1673-4:

'It is alsoe declared before sealing to be y^e will off this Testat^r John Coleby: y^t his part off his ffather Colebyes estate belonging unto him from & by virtue off a Court ord^r aft^r the decease off his mother Susanna Whithredg shall be equally divided amongst all his daught^rs: as Witness his hand the day & year abovesayd & seale affixed.'

John Colby (SEAL)

Witness: John (his H mark) Hoyt, Senr., Thomas Wells.

Proved in Salisbury court Apr. 14, 1674 by the witnesses.

Inventory of the estate of John Coleby of Amsbury, deceased 6: 12m: 1673-74. taken 2: lm: 1673-74, by William Barnes and Thomas Barnerd, Sr. of Amesbury: … total, 234li. 4s.

Attested Apr. 14, 1674 by Frances Coleby, the executrix.

Thomas Challis with Mary his wife acknowledged Sept. 3, 1696, the receipt from her brother Thomas Colby of Amesbury of the 5li. bequeathed to the said Mary by the will of her father, John Colby of Amesbury.

Thomas Challis, Mary (her M mark) Challis (SEAL)

Witness: Thomas Wells, William Challis.

William Osgood of Salisbury with Hannah Coolby his wife, acknowledged Sept. 1, 1722, the receipt from her brother Thomas Collby, of the 5li. bequeathed to the said Hannah in the will of her father John Coolby, formerly of Amesbury.

hannah (her X mark) Osgood, William Osgood, (SEAL)

Witness: Joseph Osgood, Apphiah Osgood.

Essex County Probate Files, Docket 5,919.

Joseph Prichitt and Fraunces his wife acknowledged Dec. 12, 1687, the receipt from John Collby of Amesbury of the 5li. bequeathed to the said Fraunces by the will of her father John Collby, Sr. of Amesbury.

Joseph Pricte (seal)

Witness: Thomas Wells, Thomas (his X mark) Hoyt, Jr.

Elisabeth Collby of Amesbury acknowledged May 18, 1689, the receipt from her brother John Colby, eldest son of John Colby, of the 51i. bequeathed to her by the will of her father John Collby of Amesbury.

Elizebth (her X mark) Colby (SEAL)

Witness: John Hoyt, Sr., Mary Hoyt.

Attested Nov. 22, 1723 by the witnesses, John Hoyt and his wife Mary Hoyt before Thomas Noyes and Joseph Woodbridge, Jus. of the Peace.

Essex County Probate Files, Docket 5,921."^[4]

The five surviving daughters named in the will appear to be ordered from eldest to youngest: Sarah, Elizabeth, Frances, Mary and Hannah.

1. ↑ ^1.0 1.1 Anthony Colby, in Anderson, Robert Charles. The Great Migration Begins: Immigrants to New England, 1620-1633. (Boston: New England Historic Genealogical Society, 1995)
   1:415.

   "John (Colby), bp. Boston 8 September 1633 [BChR 278]; m. Salisbury 14 January 1655 Frances Hoyt."

2. ↑ 2 John² Colby, in Hoyt, David W. The Old Families of Salisbury and Amesbury, Massachusetts. (Providence, RI, 1897-1919)
   1:104-05.

   "2 John² Colby (Anthony¹), of Amesbury, 'planter,' b. ab. 1633; m. Jan. 14, 1655-6[Salisbury records at Salem], Frances² Hoyt (John¹). He was an original commoner of A. in 1654, and recd. land there in '58, '59, '62, '66, and '68.‡ He d. Feb. 11, 1673-4; will Jan. 22, April 24, 1674. Wid. Frances m. Dec. 27, 1676[Amesbury records, Old Norfolk County, at Salisbury.], John² Barnard.
   
   ‡John² Colby entered a suit against the town of Salisbury, in the Nk. Co. Court, claiming that he was possessor of the estate of Mr. Samuel Groom in S., purchased by his father, Anthony Colby, decd.; and that he (John²) was entitled to a townsman's rights on account of Groom. As John² had been admitted a townsman 8 or 10 years before, the case was decided in favor of the town, Oct., 1663."

3.   John Colby, in Savage, James. A Genealogical Dictionary of the First Settlers of New England: Showing Three Generations of Those Who Came Before May, 1692, on the Basis of Farmer's Register. (Boston: Little, Brown, and Co, 1860-1862)
   1:424.

   "John (Colby), Salisbury, eldest ch. of Anthony, m. 14 Jan. 1656, Frances, d. of John Hoyt, had John, b. 19 Nov. 1656; Sarah, 17 July 1658; Frances, 10 Dec. 1662; and Anthony, and Susanna, tw. 10 May 1665."

4. ↑ ^{4.0 4.1 4.2 4.3 4.4} Estate of John Colby of Amesbury, in Massachusetts, Probate Court (Essex County). The Probate Records of Essex County, Massachusetts. (Salem, Massachusetts: The Essex Institute, 1916, 1917, 1920)
   2:393-97.