Person:Thomas Fox (5)

Identity

Care needs to be exercised to avoid confusing the record of Thomas Fox of Concord and Thomas Fox of Cambridge.

Notes

From "Fox Family", compiled by George Henry Fox, New York, N.Y., 1931-32, genealogical society call # 1321179:

"Thomas Fox of Concord, Mass., emigrated from England to America prior to March 1644. Made a freeman at Concord in 1644. He died April 14, 1658. He signed his name on his will 'ffoxe'. Hannah Brooks was his second wife, they married Dec. 13, 1647."

First wife listed as Rebecca WHEATE on archive record.^{Citation needed}

Last Will and Testament of Thomas Fox of Concord

[as transcribed from "Thomas Fox of Concord and His Descendants," by William Freeman Fox, 1909]

I, Thomas Fox of Concord, in the county of Middlesex, in Massachusetts Colony, being feeble and weak in body but of sound mind and memory, do make this my last will and testament in manner and form following: First I commit and commend my soul unto the hands of the Lord, my God, submitting in the richness of His grace that he hath redeemed it by the precious blood of Christ Jesus; that my body be decently buried, believing that though soul and body be separated for a time, yet they shall be united again at the resurrection of the just to reign with Christ in eternal glory;

and for the outward state which the Lord hath been gratified to give me, I for the present leave both house and lands, cattle and moveables, in the possession of my wife, Hannah, and my will is that she shall have and hold all until my eldest son, Eliphalet, shall arrive at the age of one and twenty years, and then in case my said son, Eliphalet, will then undertake the payment of five pounds to each of the rest of my children as they shall come to said age of one and twenty years, that then he shall have and enjoy two-thirds of the land and meadow, my said wife enjoying the said dwelling house and a third part of the barn and of the land during the term of her life except in the case, however, accepted, and after her decease then the other third part of the land, with the house and appurtenances to return to my said son, Eliphalet.

But in case he shall refuse to pay the said portion to the rest of my children-- to my daughter, Elizabeth, five pounds within one year after and to the rest at the day of one and twenty years-- that then my said wife, Hannah, shall pay or cause to be paid by her executors and assigns to my said son, Eliphalet, the sum of ten pounds within six months after the said refusal, and she shall have full power to dispose of the said house and lands to one or more of the rest of my sons as she shall think most meet; and he or they to whom they are disposed shall give the rest of my children the said sum of five pounds a piece at the time and age aforesaid;

also my will is that the said house and lands shall remain to one or more of said sons except those * * * of selling part of the land for the payment of said portions; and in case part be sold my will is that no part of the house lot form the said house, nor two acres of land at the lower end, in Brickkilnfield, nor an acre and a half in Tompkins meadow beyond C----field. But what other parts of the said land or meadow shall or they shall see cause to sell they have liberty and power so to do.

Also my will is that in case my said son, Eliphalet, shall accept the said two-thirds of the land at the age of one and twenty years on the terms aforesaid that my said wife, Hannah, shall hold for her two-third part during her life, with the house and a third part of the barn, an acre of plow land usually called the hollow on the top of the hill behind the house, and all of the house lot below the house on the other side of the highway, and the said two acres in Brickkilnfield and the two acres of meadow before excepted and six acres of new land adjoining to my house lot meadow.

Also in case my said wife, Hannah, be married to another man and shall not live in the said house and land when the said Eliphalet shall be one and twenty years old that then in case he shall accept the land on the terms aforesaid he shall also enjoy the house and the whole house lot and the other parts before excepted, so giving to my said wife yearly during her life the third part of the yearly worth of the whole as it shall be judged to be worth by the year.

Also in case my said wife, Hannah, dies before my said son, Eliphalet, come to the age aforesaid that then the overseers of this my will hereunder mentioned or their assigns for that purpose shall have power to * * * and dispose of things for the benefit of my said children as the said Hannah hath in case she live, and my said son, Eliphalet, refuse to accept the land on the terms aforesaid. Also the overseers shall have power to dispose of all of my children to trades and abroad as they shall see caase, only my said wife, Hannah, hath liberty to choose any one of them I had by her to continue with her.

Also I appoint and constitute my said wife, Hannah, the executor of this my last will and testament for the payment of debts and overseeing the estate in lands and chattels until my said son, Eliphalet, be at the said age of one and twenty years, and the two-thirds of the land to come to him if he accept thereof as aforesaid, but otherwise to dispose of things as is before expressed, and whether she live till that time or not shall have when she dies full power to dispose of the chattels and moveables as she shall think best. Also I appoint and consyitute my loving uncle, Thomas Brooks, my loving brethren Moses Wheate and Thomas Bateman and my loving friend and neighbor, Robert Fletcher, the overseers of this my last will and testament.

In witness whereof I, the said Thomas Ffoxe, have hereunto set my hand and seal this 25th day of January, 1657. Thomas Ffoxe.

Witness thereof,

Edward Bulkley,

Robert Fletcher.

This was witnessed upon oath by those above written the 14:10:1658 Before me, Simon Willard.

At a county court, held at Charlestown, June 14, '58, Major Simon Willard was appointed by the court to take the attest and exhibit of the will of Thomas Ffoxe as attested. Thomas Danforth.

Entered and recorded, 22:10:'58 and '59, lib. I. As attest: Thomas Danforth, Recorder.