Estate of John Colby of AmesburyEssex Probate Docket # 5919, 59212: I dispose off my worldly Goods as is hereaftr expressed: scil: My will is yt all my Just & due debts be duly payd & discharged by my Exccutrix: unto wch prupose, & not otherwise but only for ye payment off any Just & due debt off mine, & yt only only in such case off absolute necessity as yt ye debt cannot be otherwise dischardged & satisfied I doe Invest my Executrix with full powe to sell any part off ye land or estate in this present Instrument hereaftr by mee bequeathed unto my two sons or eldest daughtr. Alwayes provided yt itt be not done without ye advice off those whome I shall appoynt ovrseers off this my last will & testament: Whose advice also be her is to be had in ye disposall off any othr land or stock by way off sale & alienation in any case whatsoevr 3: Alsoe my will is yt in ye first mentioned case ye Damage done thereby unto any off my sayd children shall be born & sustained by every off them three proportionably to ye value off the severall legacies or protions by mee bequcathed vnto ym in this my last will & testament viz: yt child out off whose land or estate any such sale shall be made shall have his or her damage according to the formentioned ordr & proportion made vp out off ye land portion or estate off ye other twoe by such sale not damnified or less damnified: ye child damnified alsoe bearing his or her own poticulr proportion off ye loss or damage by such sale 4: Also I give & bequeath unto ffraunces Coleby my wife my now dwilling house & ye land orchard outhousen with all fences priviledges and appertiances & town rights thereunto belonging. As also one thired part off all the lands yt 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 evr one halfe of a lott off meadow in ye towne off Salisbury commonly calle Groomes lott, seituate in a place commonly called the higglety pigleys laying betwixt the lotts off John Dikerson & William Boswell when he shall come to ye age off twenty one years. Att weh time iff my son john shall & will make oyr his right, title & interest unto his lott in ye childrens land commonly soe called in ye town off Amsbury: unto my Executrix then I doe moreovr give & bequeath unto him & his heirs as before sayd all yt land wch I purchased of the Town of Amsbury which iff my gd son shall refuse to doe my will is yt ye sd land purchased off ye Town shall be equally divided amongst all my children to 'be inherited by them & ye lawfull begotten heirs off their bodyes for evr. 6: My Will furthr is That my son John shall remaine with & helpe my wife his mother untill yt he come unto ye age off twenty one years 7: I give & bequeath unto Thomas Coleby my youngest sonn all my land in & adjoyning unto ye greatt plaine being two lott ye one purchased off Edwrd Gove more perticulary specified in the deed I had off him ye othr being a lott wch I had off my ffathr Coleby: & ye othr halfe off ye sd Gromes lott, every off which premises he is to be possesed of for an inheritance unto himselfe & ye heirs off his body lawfully begotten forevr aftr yt he shall come to ye age off twenty one years. 8: My will is yt iff any off my sons depart this life without an heir off their body lawfully begotten yt then the portions bequeathed to them shall be equally divided amongst all ye rest off my children then surviving 9: I give & bequeath unto Sarah Coleby my eldes daughtr my little pasture lying by ye Powow Rivr side, wch I purchased off my Brothr Samll Coleby to be immediately possessed by her for the Inheritance for herselfe & ye 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 aftr the decease off ffraunces my wife 10: My will is yt my wives thirds out of every parcell off land bequeathed unto my tow sonns & eldest daughtr shall be excepted to remanine firme unto her propr use & benefitt during her life 11: I give & bequeath unto my daughtrs Elizabeth & ffrauces Coleby five pounds apiece to be payd unto each off ym att the day off mariage or att ye age off twenty years iff they marry not before my son John Coleby: 12: I give & bequeath unto my daughtrs 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 ye age off twenty three years. 13: Also my will is that iff any off my daughtrs sheall depart This life without an heir off their bodies lawfully begotten then ye portion or legacie bequeathed by mee shall be equally divided amongst the rest off my daughtrs then surviving. 14: I give also & bequeath all the rest off my whole estate both moveable & immoveable, lands, chattells both personalll & 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 brothr Samuell Coleby oof haverhll & my Loving friend Thomas Barnerd junr off Amsbury ovrseers off this my last will & testamentt, to see & take care yt in every ptielr itt be duly pformed. And in confirmation off ye forwritten premisees to be the ptieulr 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 ye will off this Testatr John Coleby: yt his part off his ffather Colebyes estate belonging unto him from & by virtue off a Court ordr aftr the decease off his mother Susanna Whithredg shall be equally divided amongst all his daughtrs: 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: 1m: 1673-74, by William Barnes and Thomas Barnerd, Sr. of Amesbury: eight sheep & a lanbe, £4.; twoe oxen at £5. pr. & four cowes at £3. pr., £22.; one two year old heifer, £1, 10s.; one yearling & a calfe, £1; five young swine, £1; ye dwelling house, outhousen, homestead & land by ye Powwow River, £30; a lott of land at Bugmore, £4; fourty acres of land in ye great plaine, £46; a parcell of land purchased of ye towne, £20; thirty five acre lott in ye woods, £20; lott in ye ox pasture, £5; a division of land in ye Lyons mouth, £5; a lot of meadow called Groomes lott, £20; a lot of meadow in ye lower higglety pigley, £20; beadstead, feather bed, bedding & curtaines, £8; trundle bedstead, flockbed & bedding thereto belonging, £3; twenty pound of wool, £1; his wearing cloathes, £1, 10s.; halfe a barrell of meat, £1, 10s.; and old chest, box & linnen therein & a bible, £2; his Armes, £2, 10s.; cart, sled, plow, yoke & tackling belonging, £3; flax, & a tenent saw, 16s.; axes, hows, sickles & a shave, 12s.; pott, pot hockes, tramell, kettle & two skillets, £2; frying pan & warming pan, 8s.; pewter, smothing Iron & a sieve, 12s.; trenchers, trayes, wooden platters, dishes & spoones, 10s; two spinning wheels, three payr of cards, 8s.; old tubs, barrels & payles &c, £1; a bill, £1, 18s.; total £234, 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 £5 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 Joseph Prichitt and Fraunces his wife acknowledged Dec. 12, 1687, the receipt from John Collby of Amesbury of the £5 bequeathed to the said Fraunces by the will of here father Joh 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 £5 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. Sources: Essex County Probate Files, Docket 5919 and 5921 Submitted by: Ronald Colby
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