Digest of the Early Connecticut Probate Records
Charles W. Mainwaring,
Vol 1, p 593
WHITMORE, John, Middletown. Died 1st September, 1696. Invt. £267-18-06. Taken by Nathaniel STOW, Israhiah WETMORE and Edward SHEPHERD. The children: Elizabeth, age 9 years, Mary 5, John 2, Ebenezer 3 months. Will dated 6 August, 1689.
I John WHITMORE of Middletown doe make this my last Will and Testament: I give to my wife Mary the use and Improvement of my whole Estate during my Children's non-age, desireing and expecting that she, as God shall enable her, to see them brought up and educated in the fear of God, and it is my earnest desire that each one of them be instructed in reading and writing according to their Capacity. I give to my son Thomas WHITMORE the one-halfe of my House and Land on both sides of the way at Home in Middletown, to be divided between my wife Mary and my son Thomas, according to the Quantity and Quality thereof, when my son Thomas shall arrive at the age of Twenty and one years. And the other halfe to remain to the use of my wife till her natural death. And then the whole of my aforesaid House and Lands to be for my son Thomas WETTMORE & his heyres for Ever. Lands, one parcel of meadow at Wangonque containing about three acres according to my Father Thomas WHETMORE's Deed of Gift to him. Also my three side arms, one short gun or Carbine, two fowling pieceds, one sword, one Pike, with the rest of the implements thereunto belonging, when he comes to the age of 21 years. I give to my daughter Abigail WETMORE one peice of Meadow Land at Wangonque containing about two acres, with the pond adjoyning it, as it is specified in Father Andrew WARNER's Deed of Guift to me. I give to my daughter Elizabeth WHETMORE one parcel of Meadow Land at Wangonque containing about 4 acres, to be to her according to the Tenour of my Father WHETMORE's Will to mee. I will that a certain black stuff gown that was my former wive's, also her Bible, be given to my daughter Abigail. My Will is that that portion of Land that falls to my wife Mary from her Father SAVAGE's Estate I leave to her solely to dispose of, only to be to her children by me if they shall survive. I ordain my Wife Mary to be sole Executrix of this my Will. I desire my two Brothers, Beriah and Joseph WETTMORE, and my brothers-in-law, John SAVAGE and Andrew WARNER, to be Overseers.
John WETTMORE, L.S.
Witness: Sarah WILCOCK,
Court Record, Page 154 - (Vol IV) 14 April, 1697: Will & Invt. exhibited & deferred to the next Court of Assistants.
Page 139 -- (Vol VI) 11 April, 1700: It appeareing to this Court that the last Will & Testament of John WHETMORE of Middletown, as also his Inventory, was exhibited in the Court about 3 years since, and through mistake there was no record made of the Exhibitions thereof, not withstanding which Omition the sd. Will & Invt. are recorded. Beriah WETMORE, appeareing in the behalf of the Wydo (the Children being under age), moves this Court that the Will might only be a Direction to the Court for the Dist. of the sd. Estate, and not to stand in force, but be null and void. The reason is because the sd. Testator had 3 Children born betwixt the time of makeing his Will and the time of his decease, and two of them are deceased that were alive when he made the sd. Will. The Court having considered the Case, do see Cause to defer until some other time, the Widow not being present.
Page 127 -- (Vol. VII) 2 May 1709: Upon Consideration of the Application of Mary WETMORE of Middletown, Widow & Relict of John WETMORE late of Middletown Decd., at sundry times formerly and now again made to this Court, relating to a writing called the last Will & Testament of the sd. John WHITMORE Decd, which by mistake was entered on the Records of this Court in Book No. 6, Pages 8 & 9, but was ner proved nor approved nor allowed by this Court: This Court do not approve or allow the sd. Writing as the sd. John WETMOREs Will, but do disallow the same and order that it be wholly set aside as null and void. And this Court do now grant Letters of Adms. on the Estate of sd. John WETMORE, Decd., to sd. Mary WETMORE.
Page 129 -- 6 June 1709: Whereas this Court on the 2nd day of May last past, granted Adms. on the Estate of John WETMORE, late of Middletown, unto Mary WETMORE (now Mary ALLYN), relict of the sd. Decd; and whereas, the sd. Mary doth refuse or decline to take the Trust, this Court doth now therefore grant Letters of Adms on the Estate of John WETMORE unto Beriah WETMORE of sd. Middletown, Brother of the sd. Decd.
Page 130 -- 6 June, 1709: Ebenezer WETMORE, a minor son of John WETMORE, chose Lt. John SAVAGE of Middletown to be his guardian.
Page 134 -- 7 Nov 1709: Beriah WETMORE, Adms., presented now to this Court an Account of his Adms: Paid in Debts and Charges, £28-03-11; and that there was more of Moveable Estate spent for the Building of a Barn, £14-00-00. There remains to be divided, £46-18-07. Amount Allowed. Order to Dist. the Moveable Part of the Estate to Mary the Relict, now wife of Obadiah ALLYN; to John WETMORE, eldest son; to Ebenezer WETMORE, 2nd son: to Elizabeth ELTON, daughter. And appoint Capt. John HALL, John BACON, & Edward SHEPHERD, of Middletown, Distributors. John WETMORE, a minor, made choice of his Uncle Joseph WETMORE to be his Guardian.
Dist. File: 1st Monday in June, 1710
£ -- s -- d
To the Widow 66-06-02
To John, the Eldest son 65-19-02
To Ebenezer the younger son 32-19-09
To Richard ELTON in Right of his wife 32-19-09
John HALL Sen., John BACON, & Edward SHEPHERD, Distributors
Whereas Beriah WETMORE of Middletown, Adms. to the Estate of John WETMORE, late of Middletown Decd: We, Mary ALLYN, the Relict of the sd. Decd, and Richard ELTON in Right of his wife, and John SAVAGE, Guardian for Ebenezer, younger son of the sd. Decd, and Joseph WETMORE, Guardian for John WETMORE, eldest son of the Decd., received our full & Just proportion, both of Real and Personal Estate, which was assigned us to receive of sd. Estate at the Honourable Court of Probate, doe foever discharge, release and quitt Claim the sd. Beriah WETMORE, his heirs Executors and Adms., of all and singular every part and parcel of sd. Goods, Rights & Chattells, fully and absolutely by these presents, from the date hereof and forever. Signed with our own Hands, September 25, 1710.
Mary X ALLYN Joseph WETMORE, Guardian Richard ELTON John SAVAGE, Guardian