Person:Benjamin Nye (1)

"Nye, Benjamin: [Origin] Unknown; [Emigration] 1635; [Resided] Lynn, Sandwich [GM 2:3:43; PCR 1:149, 153; NEHGR 158:345-60, 159:69-80; TAG 41:176-78, 80:53-55]."

"A review of genealogical literature prior to 1903 finds nothing regarding Benjamin' Nye's birth and origins and therefore confirms that the Nye Reunion Proceedings of 1903 and the Nye Genealogy of 1907 are the sole sources of all the speculative or unproven assertions for Benjamin¹ Nye's birth and origin."

"1. Benjamin¹ Nye arrived in Massachusetts Bay Colony before 10 December 1635 and died between 9 June 1704 and 17 May 1707, probably at Sandwich, Massachusetts. He married at Sandwich on 19 October 1640, Katherine² Tupper. According to a Tupper genealogy, Katherine Tupper, was born '31 January 1623' in England, daughter of Thomas¹ Tupper, born '27 (28) Jan 1578 in Bury, Sussex Co., England' and his first wife Katherine Gator whom he married '29 Apr 1622 in Chelmsford, Essex Co., England,' all of which is doubtful. Katherine died after 9 June 1704 when she was mentioned in Benjamin¹ Nye's testamentary deed. No death record or gravestone has been found for either Katherine or Benjamin and no New England record yet discovered provides an indication of their ages — and hence an approximation of their birth years which might in turn confirm baptismal dates in England."

"Nye, Benjamin, Lynn, rem. to Sandwich 1637, where he was progenit. of a very numer. line, yet of a single s. only, Jonathan, b. 20 Nov. 1649, is the date of b. kn. and of Mary, 8 Apr. 1652."

"'Ichabod Nye of Middleborough' sold for L 148. pd. by Joel 3 Ellis of Plymouth, 'all my 100 acres, in the 26 Men's Purchase in sd Middleborough . which formerly belonged to the right of my Honoured Grand Father Benjamin Nye, deceased . this 30 April 1714' (Plym. Co. Deeds 10:345)."

"Will of Benjamin Nye in which title of Nye Homestead was transfered to his son Jonathan. House is now owned and maintained by the Nye Family Association of America, Inc.

To all people to whome these presents shall come Benjamin Nye of the Town of Sandwich in the County of Barnstable in New England Sendeth greeting &c. Know yee that I the said Benjamin Nye for and in consideration that Jonathan Nye my son of the same town of Sandwich hath suported and relieved me and Katherine my now wife and Mercey Nye my daughter who have not been able for some years last past to relieve and support ourselves by reason of weakness and other infirmities together with other good causes and considerations we att this time especially moving, as also on condition that he the sd Jonathan Nye his heirs executors or administrators or all or either of them, shall for the future from and after the day of the Date hereof, during the time of the naturall lives of we the sd Benjamin Nye, Katharine Nye my wife and Mercey Nye my daughter and each and every of us respectively well and in decent maner provide for support and maintain us with food raiment house room lodging and other necessarys of this life convenient for us and each of us as also to afford and allow unto each of us, a decent christian buriall when God shall take us away by death and if he or they shall also well and truly pay such just debts as I now owe to any person in some convenient time next after demand thereof, Have given granted bargained sold enfeoffed and confirmed and by these presents on the conditions aforesd, I do fully freely clearly and absolutely, give grant bargain sell alien enfeoffe and confirm unto him the sd Jonathan Nye, his heirs and assigns for ever all that my lands of all sorts both upland and meadow grounds that I have now and of right belonging to me in sd town and township of Sandwich with all my mills and appurtinances to them belonging and all dwelling houses and outhousing in or upon sd lands (only excepting what lands I formerly gave to my son John Nye and now in his possession,) and I also for the consideration and on the conditions aforesd do give grant bargain sell enfeoffe convey and confirm unto him the sd Jonathan Nye his heirs and assigns forever all my lands both upland and meadow grounds situated lying and being within the township of Middeborough in the county of Plimouth in New England aforesd together with all my goods and chattels of all sorts with all and singular the proffits privileges and appurtinances belonging or in any wise appertaining to the premises To have and to hold all that my lands and meadow grounds of all sorts lying within the township of Sandwich aforesd (only excepting as before excepted) with my mills dwelling houses and outhousing with my lands and meadows of all sorts lying and being att Middeborough aforesd together with all my good chattels and personall estate whatsoever with the proffits privileges and appurtenances to all belonging or in anywise appurtaining unto him the sd Jonathan Nye my son his heirs and assigns forever allowing, to his full free and peaseable possession and seizin now being so that if there shall be no just cause or grounds of complaint hereafter to be made by myself or my sd wife or daughter for want of maintenance and necessarys aforesd to be found and allowed to us and each of us by him my sd son his heirs etc during our naturall lives and if he shall pay my sd debts so that there be no just cause of complaint there for and shall also allow to us decent christian buriall as God shall take us away by Death, that then he the sd Jonathan Nye my son, his heirs executors and assigns shall forever hereafter peaceably and quietly hold use occupy possess and enjoy all the sd given and granted premises without the lawful lett hindrance, molestation or disturbance of him sd Benjamin Nye myn heirs, executors administrators or assigns but from all such action of right us and every of us to be utterly excluded and forever debarred by these presents

In Witness whereof I have hereunto sett my hand and seale this nineth day of June Anno Domini one thousand seven hundred and foure

BENJAMIN X NYE
his mark

Sandwich on the same nineth day of June then the above named Benjamin Nye personally appeared and acknowledged the above written testament to be his act and deed.

Before me Stephen Skeff Just. of peace

Signed sealed and in presence of
Wm. Bassett
Ebenezer Taylor"