Notes |
- From Genealogical Notes of Barnstable Families:
John Bursley, 2d, only son of John, was eight years of age when his father died. He inherited the mansion house taken down in 1827, and two-sixths of his father's estate. The right of his sisters it appears that he bought, for at his death in 1726, he owned all the lands that were his father's. He married twice; first, Elizabeth, daughter of Lieutenant John Howland, Dec. 1673, who was the mother of his ten children. His second wife was also named Elizabeth; but her maiden name does not appear on record.
"He was a farmer, industrious and enterprising, and died leaving a large estate. The old mansion house he bequeathed to his son Joseph."
Event Memos from GEDCOM Import...
*New [WILL]
[4:326] In the name of God Amen this eighteenth day of July Anno Domini 1726 I John Bursley of the Town and County of Barnstable being very sick and weak of body but of perfect mind and memory blessed be God for it, therefore calling to mind the mortality of my body & knowing I must dye do make and ordain this my Last [4:327] will and testament, that is to say principally & first of all I give and recomend my soul into the hands of God that gave it and my body to the earth to be buried in Christian and decent manner at the discretion of my Executors hereafter mentioned and as touching such worldly Estate, I give and demise & dispose of the same In the following manner & form.
Item, I give to my dear & loving wife Elizabeth In Line of her Dower the western room In my dwelling house with the Leanto & the use of the seller under the sd room, wth Liberty to egress & regress too & from thence and also the use of such beding and utensils within doors as she may think suitable and necessary for her during the time of her natural Life and ye use of two of my Cows to be kept for her by my son Joseph winter & summer also necessary fier woodCutt drawn & sett for her at the door by my sd son & one third of all the grain & flax yt my sd son Joseph shall annually raise of the Land hereafter given him in this my will, and one third part of the wool of my sheep & one third part of the mutton that may be ye produce of my sd sheep & liberty to keep a swine for her own use to be taken out of mine, And that at my sd wives decease the Estate that remains to be equally divided among my daughters, her wearing clothes excepted.
Itm. I give my son John Bursley all that my upland & swamp to the southward of the highway or kings road bounded Northerly thereon and Easterly by the Line leading into the woods, southerly to ye extent of sd Land, and westerly by the Land of Joseph Smith, And also I give him my two peices of salt marsh the one being about two acres and half and is in partnership with Nathl Crocker and the other peice in partnership with Joseph Blossom it being a two acre right, as also the priviledge of the dock which he is now digging with his brother and half an acre of my meadow on ye Eastward side of sd Dock for his use with necessary egress and regress & also all my right in the lott in the woods In partnership wth Joseph Bodfish jur. I also give him six shares in the thirteenth wood lot in the wood Iotts all which above mentioned Pcells of upland wood Iotts and Marsh I give to my sd son John his heirs for ever as also I give to my sd son John the one half of my peice of upland and a bitt of Marsh lying at the Northerly end of my neck as it is now fenced in dureing the term of his natural Life and in case he should have a male heir of his body begotten yt lives to Inherit then to him & to his heirs assigns for ever but otherwise then to return to my son Jabez Bursley and his heirs for ever after the expiration of ye Life of my sd son John.
Item, I give and bequeath to my son Jabez Bursley the peice or parcell of Land on which his dwelling house now stands being twenty acres more or less, bounded southerly by the high way westerly by the Land of Joseph Smith as the brook runs & northerly by the Marsh, and taking in the other half of my peice of Land Inclosed as above mentioned the half of which is given to my son John and is bounded Easterly as the fence now stands & runs down to the spring near a cross fence and then with a set off westward two rods and then upon the same Corse, northerly to the Inclosuer above mentioned. I also give him the one half on my marsh adjoyning to the highway northerly extending to a cross [4:328] fence I also give him one peice of marsh of five acres be it more or less adjoyning to the upland westerly otherwaies incompassed by the Creek called Boat Cove Creek as also my ten shares in the tenth wood Lott and half my Lott of the Late Common Land.
Item, I give & bequeath unto my son Joseph Bursley all ye rest of my upland bounded on the highway both above & below it with the housing thereon excepting the use of part of my dwelling house dureing the Life of my abovesd wife, as before expressed and the use of my western Chamber to my Daughters while any of them live single, as also all the rest of marsh not above disposed of & my wood lot being the twelveth in number & all the rest of my Land both wood land & planting Land in the Township of Barnstable & Sandwich, I give equally to be divided between my two sons Jabez and Joseph. And further my will is that since I have given my sd son Joseph a preferable portion to my other sons that he should be kind to his Mother in Law and provide for her & not let her want anything that may be needfull and comfortable as for food Clothing & tendance for her in her old age If what I have given her in ys my will be not sufficient for her.
Item, I give and bequeath to my five daughters Mary, Joannah, Abigail, Elizabeth and Temperance fourty pounds apeice wch makes two hundred pounds, my son Joseph to pay the one half and my two other sons fifty pounds apeice to be paid within two years after my decease, all the rest of my Psonal Estate I give In equal proportion among my sd five daughters they to receive it all at my decease except wt I have given the use of to my wife during the time of her natural Life.
Item, My will is also that my daughter Temperance being weakly I further order that my son Joseph pay her ten pounds over and above what I have already given her & that she have some liberty In the house with her Mother In Law & further my will is that the sheep be not divided to ye daughters until my wifes decease.
Lastly I nominate and appoint my two sons John and Joseph to be Executors to this my Last will & testament. In testimony whereof I the sd John Bursley have hereunto set my hand and seal the day and year above written & do hereby publish pronounce and declare this and no other to be my last will & testament In presence of
John Bursley. (seal)
his mark
Joseph Blosom.
Thomas Phinney.
Samuel Anible Tartius.
August 29th 1726. Then Joseph Blosom made oath that he saw John Bursley Late of Barnstable now deceased sign seal and heard him declear the within written to be his last will and testament and that he sett his hand as witness with Samuel Anible Tartius and Thomas Phinney at the same time & that the said John Bursley deceased was of sound mind and disposeing memory in his best apprehention at the same time.Sworn Coram, John Otis, Judge of Probate.
[4:329] Barnstable ss. August 30th 1726.Then Thomas Phinney who sett too his hand as a witness to the within written made oath before John Otis Esqr Judge of Probate that he saw the within named John Bursley sign seal & heard him declear the within Instrument to be his Last will & testament and that he was of sound mind when he so did.Attest, Nat& Otis, Regtr. For as much as I Joseph Bursley being informed by the scribe that wrote the within written will that the peice of Marsh given to John Bursley In Pnership with Joseph Blossom called a Two acre right, being two acres and half and yt ye whole peice is Intended. I the said Joseph Bursley do for my self and my heirs comply & acknowledge yt it shall ever hereafter be so understood and have therefore hereunto sett my hand & seal this 26th. day of August 1726.
Joseph Bursley. (seal)
John Fuller.Nathl Otis.
Barnstable ss. On the day & year above written the said Joseph Bursley Psonally appeared before me the subscriber Judge of Probate for sd County & acknowledged the above written to be his act & deed.John Otis.Barnstable ss. John Otis Emir Comissionated by his Excellency the Govemour & Council of the Province of the Massachusetts Bay In New England to be Judge of the Probate of wills & for granting Letters of Administration &c.xxxKnow ye, that upon the day of the date hereof before me at Barnstable In the County aforesd he will of John Bursley Late of Barnstable deceased, to these presents annexed was proved approved and allowed who having while he lived and at ye time of his death goods chattels Rights or credits In the County aforesd: and the probate of sd will & power of comitting administration &c.x x xAnd his will in any manner concerning is freely comitted unto John Bursley and Joseph Bursley sons of sd deceased Executors In the same will named &c.
x x x
And to exhibit the same Into the Registry of the Court of Probate for the County aforesaid, at, of before the [4:330] tenth day of Sepbr next ensuing: and also to render a plain and true accompt of your sd Administration upon oath when called thereunto. In testimony whereof I have hereunto set my hand and the seal of the sd Court of Probate Dated at Barnstable the 30th. day of August Anno Domini 1726.
John Otis.
A true and perfect Inventory of all and singular the goods & chattels of Mr John Bursley Late of Barnstable deceased as prised by us the subscriber being thereunto appointed sworn and authorized this 27th. day of August 1726.
To purse and appariel. 26=14=10
To a bed & furniture In the Lower Room. 14=05=00
To a bed & beding to it. 09=18=00
To a Chase bed a Rug, blankit and Coverlead. 05=05=00
To bed and Table linin. 05=17=00
To yam flax tow & a bit of Cloth. 03=13=00
To wooll & osted 0343=00
To brass & Iron kittles pans and skillets. 08=13=00
To tramills, Tongs, slice box Iron sword & powder horn. 01=06=00
To pewter, earthen ware and glass bottles. 02=17=00
To Chists, Tables, spining wheels and Chains. 04=05=00
To barrills, Tubbs, pails, baskets sives &
other small things. 02=19=00
To saddle, pillion & Chees press. 03=06=00
To meat tallow & Soap. 01=17=00
To hogsets Corn, bags & meal. 03=10=00
To butter, Cheese & books. 06=06=00
To the English Corne In the barn. 08=17=00
To hay of all sorts. 07=00=00
To Cad wheel & Irons, Chains, yoak and plow Irons,
Cart rope & boards. 08=05=00
To harrow Teeth & Mollases and Tobacco. 00=190
To a mear & half a Colt 14=00=00
To 2 oxen 4 Cowes & one stear. 37=00=00
To one Cow one stear & 4 Calves. 16=00=00
To 2 swine and 30 sheep. 13=15=00
To 3 three year old Cattle. 13=10=00
To 3 two year old Cattle & 4 year and advantage. 17=00=00
To Indian Come upon the ground. 12=10=00
To the upland below the road and the marsh adjoyning. 1900=00=00
To the upland & meadow above the road to the Eastward
of the lane with the house. 240=00=00
To the Land above the road westward of the Lane. 400=00=00
To a five acre right of Marsh. 12040=00
To the 12th. wood Lott. 45=00=00
To 16 shears In the wood Lotts. I7=000
To one planting Lott of upland. 60=00=00
To a part of a Lott In the second division In partnership
with Joseph Bodfish jur. 18=00=00
In a peice of Land taken up in the Last division. 30=00=00
[4:331]
To one Lot and part of another In ye Last division. 40=00=00
To the shears at Sandy Neck. 05=00=00
To his Land in Sandwich. 10=00=00
To one pair of Sheap shears 3/: 0=03=00
To an Interest in the horse house 16th. part about 01=00=00
To half a pew. 03=10=003137=13=10
Joseph Hinckly.
John Baker.
Samuel Chipman.
August 29th. 1726. Then John Bursley & Joseph Bursley Executors to the last will and testament of their honored Father John Bursley deceased made oath to the truth of the above written Inventory so far as they knew and that if anything further that is material of the Estate of the sd deceased shall come to their knowlidge that they will also bring it to this Inventory.Sworn before me John Otis,Judge of Probate.(seal) Barnstable ss. John Otis Esqr Comissionated by his Excellency the Gouvemour & Council of the Province of the Massachusetts Bay In New England To be Judge of the Probate of wills and for granting Letters of Administration &c.
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