Person:John Choate (11)

The Estate of John Choate

The Will of John Choate.

[Note: this transcription appears to have been modified to modernize spelling and expand abbreviations. Some annotations added in brackets.]

"Know all y^e Christian people that I, Sargeant [written:Serg't] John Choat, of Ipswich in y^e County of Essex in New England, being sick in body but of sound mind, do now make my last will and Testament.

IMPRIMIS. I bequeath my soul to God by the merits of Christ and my body unto decent burial, and then dispose of my worldly estate, which God of his bounty hath given unto me in manner following, viz:

FIRST. I give unto John Choate my eldest son, Half of my pasture where his new dwelling-house stands being about fifteen acres, viz. The said half with all the houses Upon it with all stock I formerly possessed him of. Also I give him the ploughing field commonly called "White's Field" [note:quotes added] containing about ten acres. Also I give him one half of my salt marsh at a place called "Thompson's Island" [note:quotes added] in Ipswich, to him and his heirs forever.

ITEM. I give unto my son Samuel Choate [written:Sam'll Choat], all that housing and land I bought of Mr. Bishop, where he the said Samuel Choate now lives, reserving only three acres of land within the field of said land for my son Benjamin, and the said Benjamin dying before he comes of age, the said three acres shall revert to Samuel or his heirs.

ITEM. I give and bequeath unto my son Joseph [written:Joseph Choate] all my own living lands and ploughing grounds, and half of the salt marsh I have at "Thompson's Island" only reserving four acres of said half for my son Benjamin and said Benjamin dying before he is of age, said four acres shall revert unto Joseph to him and his heirs. And if the said Benjamin and Joseph shall die before they are of age, then said land and meadow shall be equally divided between the male heirs of my family then surviving.

[Item I Give unto my son Benjamin Choat the small living w'ch I have Let unto Joseph Browne w'ch three Achres of upland Reserved as before mentioned and four Achrees of salt Meadow before Reserved, & mentioned; as hath been Expresed:]

ITEM. I have given my daughter Margaret Fitts [written:Fitch] upwards of three score pounds in current pay of merchants, which I have given her and I do now give and ratify unto her and her heirs as her portion.

ITEM. I do give and bequeath unto my daughter, Sarah Choate three score pounds in current pay of the merchants and I constitute my dear and beloved wife, Anne [written:Ann] Choate, and she shall be my sole executrix and I do give and bequeath unto her all the rest of my estate of money chattels, debts and demands.

In witness whereof I have set my hand and seal this seventh day of December 1691.

JOHN CHOATE. SEN.

Signed and sealed before us, John Wise, Andrew Browne.

The inventory made of John Choate's estate amounted to £405. 13s."^[1]

Objection to the Will

" '"1696-7, March 15. John Chote enters cossion to y^e Honoured Judg of probate of wills that whereas I having matters of waight to offer that my fathers Will may not be approbated while I have opportunity to alleadg against it as witness my hand.

John CHOTE.' "

The heirs of John Choate, Sr., in setting aside his last will, state themselves as follows:—

" 'WHEREAS by the Will of John Choate deceased there are several parcels of lands & estate settled upon John his eldest son & Samuel & Joseph & Benjamin, yet, Thomas notwithstanding what has been given him in a deed of gift is not mentioned, nor confirmed in said will. John accounting his part short of a double portion, the rest not being well satisfied, especially Anne, the relict of John Choate. Therefore it is mutually agreed by all said parties, namely. Anne the said mother of said children & John Thomas & Samuel for themselves and said Anne in behalf of herself & Benjamin, & Thomas in behalf of himself and as guardian to said Joseph with the said Anne & Joseph & Benjamin consenting for themselves, that the estate given to any of them per deeds of said children shall be as follows viz:^[1]

The Agreement.

" 'IMPRIMIS, That said Anne during her natural life shall have and enjoy all the moveables & estate given her by Will, also the half of all the housing her late husband died seized and possessed of, and half the orchard & one third of all tillage land and pasture and meadow ground her said husband died seized and possessed of, and until her son Benjamin come to commence Bachelor of Arts said Anne shall receive of Joseph, after he comes of age, one half of the income or produce of the other two thirds for to help bring up said Benjamin to and at the said College to the time prefixed, but if he die before then the said widow to have only the use of her half of the house and half of the barn and half the orchard and one third part of said tillage land, pasture and meadow ground & the said widow shall have the use of the whole, that is to say, the other two thirds till Joseph comes of age, that said estate shall be paid to Benjamin's guardian, that he shall choose for bringing him up as aforesaid, and if Anne die before Benjamin comes of age, the said Joseph shall pay to Benjamin's guardian for said Benjamin's use as he was to pay to his mother, and Joseph having the improvement of that which his mother had during her life. Benjamin being following his learning the said Joseph shall pay six pounds current money yearly, until said Benjamin commence Bachelor of Arts or might have done, if he had remained at the University as before to his guardian.

'ITEM. It is agreed that what said Anne hath in her hands undisposed of: her son John shall have a double part and all the rest of her sons equal parts, and it is agreed if any land be sold for the bringing up of Benjamin, it shall be the ten acres, or part of it, that is the pasture land lying betwixt Capt. Goodhues land and John Choate's land said John Choate shall have it giving as much as another will give, and if the said land be sold as aforesaid then Joseph shall have Benjamin's land given him by will except the three acres reserved for Samuel, as his deed mentions.

'Further it is mutually agreed that said John Choate, the eldest son of John Choate, deceased, shall have all the housing and lands and stock given by deed of gift and confirmed by will without any right of dowry.

'Further it is mutually agreed that Samuel Choate shall have all the housing and lands & stock given him by deed of gift & (note) without any right of dowry.

'Further it is mutually agreed that Thomas Choate shall have all the housing and lands given him by deed of gift and not confirmed by Will without any right of dowry.

' Further it is mutually agreed that Joseph during his brother's life, and his brother Benjamin's education, as before mentioned, when he comes of age and after he comes of age during his mother's life & during his brother's education, as before inserted, shall have and enjoy all the housing lands and meadows as by his father's Will and afterwards forever.

'Further— it is mutually agreed that Benjamin shall receive the yearly income of his brother Joseph's land till he comes of age, and other payments as before inserted until he Commences Bachelor of Arts or might have done it, if he remained at his learning, and the land given him by his father's will may be sold for the bringing to and at the College if need be, and if Joseph or Benjamin or both decease before they come of age of twenty one years, the land that shall then remain unsold shall be divided to the brothers viz: To John a double, and to, each other male heir of said Choate's children a single share and if sold to have it forever.

'lt is further agreed and each doth for themselves and in behalf forever a quit claim make each other, and their respective heirs and assigns of all the estate real and personal of said John Choate, deceased estate, giving and granting to each the respective share inserted, to have and to hold to them as it is prefixed to them without let or hindrance, molestation or interruption, suit or demand of us ourselves, our heirs, executors, administrators or assigns.

'In Testimony hereof we have affixed our hands and seals this 14th day of May, Anno Domino 1697 (Signed)

'ANNE CHOATE [SEAL]

'JOHN CHOATE [SEAL]

'SAMUEL CHOATE [SEAL]

'THOMAS CHOATE [SEAL]

'ANNE CHOATE [SEAL] as Guardian for s^d. JOSEPH & BENJAMIN CHOATE.' "^[1]

"The estate was settled satisfactorily on the basis of this agreement. Since no mention is made in these documents of Mary Choate, a daughter, it is probable that she had died in early life prior to 1691.

Mrs. Margaret Fitts appears in the will, but not in the agreement, for she had died in 1692.

Thomas Choate is not mentioned in his fathers will, doubtless because he had already received by deed all to which he was entitled, but his name appears in the agreement of 1697."^[1]

1. ↑ ^{1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9} John Choate. [1], in Jameson, Ephraim Orcutt. The Choates in America, 1643-1896: John Choate and His Descendants, Chebacco, Ipswich, Mass. (Boston, Mass.: Alfred Mudge & Son, Printers, 1896)
   1-5.
2. ↑ Boutelle, John A. Minutes Respecting the Choate Family. New England Historical and Genealogical Register. (New England Historic Genealogical Society, 1861)
   15:293.

   John¹ Choate, the immigrant ancestor of this family, settled at Chebacca Ipswich. According to the Court files at Salem, he was about 40 years old in 1664. Another record says 46 in 1671. … Some have supposed that the name Choate was changed in this country from Chute; but such is not the case, for John Choate signs his name to his will, in 1691 as it is now spelled, viz., Choate. Henry Jacie, in a letter dated Aughton, Yorkshire, June 12, 1633, to his friend John Winthrop, Jr. of New England, mentions among a number that would like to go to New England, on Goodman Choate. John Choate died Dec. 4, 1695.

3. ↑ "England, Births and Christenings, 1538-1975," index, FamilySearch (https://familysearch.org/pal:/MM9.1.1/J3JY-7Q3 : accessed 31 Mar 2013), John Choate, 06 Jun 1624.
4. ↑ John Choate, 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)
   1:382.

   John (Choate), Ipswich 1648, was then 24 yrs. old, and is first ment. as contrib. for instr. in the milit. art; by w. Ann had John, b. 15 June 1661; Samuel; Mary, 16 June 1666; Thomas; Sarah; Margaret; Joseph; and prob. Benjamin, H. C. 1703. He came, prob. from Sudbury, Co. Suffk. on the border of Essex, not far from the home of our first Gov. Winth. Perhaps he was s. of that goodm. C. wh. in June 1633 sent his regards to the Gov. as convey. by Rev. Henry Jacie in a valua. letter of that date to the younger John. He was serg. and d. 4 Dec. 1695. His wid. d. 16 Feb. 1727. Sarah m. 13 Apr. 1693, John Burnham; and Margaret m. Abraham Fitts, and d. 28 Feb. 1692.