Amanuensis Monday — Will of James Maynard (1661-1731) of Marlborough, Massachusetts

 This week’s document for transcription is the 1731 Will of John Maynard (1661-1731) of Marlborough, Middlesex County, Massachusetts, which is in the Middlesex County Probate Court records. 

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The transcription of this will is:

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In the Name of god Amen. The fifteenth day of April in the year of our Lord 1731, I
John Maynard of the Town of Marlborough in the County of Middlesex in New England
Gentleman being week and sickly of body and well striken in years, But of perfect mind and
memory, Thanks be given to God.  Therefore calling to mind the mortality of my body, and
Knowing that it is for all men once to dye, do make And ordain this my Last Will and Testam-
ent, that is to say, principally and first of all I Give and Recommend my soul into the Hands
of God that Gave it, hoping through the merits, death and passion of my saviour jesus Christ
to have fully and free pardon and forgiveness of all my sins, and to inherit everlasting Life.
And my Body I Commit to the Earth, to be Decently buried at the discretion of my Executor here-
after Named, Nothing doubting but at the General Resurrection I shall Recieve the same again
by the power of God.  And as touching such worldly estate wherewith it hath pleased God to
Bless me in this Life, I Give, demise and dispose of the same in the following manner and form,
That is to say:

First I will that all my debts and duty as I do owe in right to any manner of person or persons
whomsoever Shall be well and truly paid or ordained to be paid in Convenient time after my
decease by my Executor hereafter named.

Item I Give unto and bequeath to Lydia my dearly beloved wife one half of all my household ?????
or Goods to be her own, and at her own disposing.

Item I will and give unto my beloved son John Maynard sixty acres of upland and meadow Ground
scituate in Westborough, where he my said son John now Dwells, with all other land I have a
joyning to the same, be it more or less, with all my right in the Last division of meadow on the
Right of William Kerley, and also one lot of meadow Lying in Great cold barels meadow so called
which I purchased of Capt henery carley, with what land I have since laid out ajoyning
to it there, be it more or less.  And ten acre Right in the common in that part of marlborough
formerly called without the cow common, however now called, and it is so much of Williams
Kerly Right belonging to his Grant in said marlborough, he my said son John maynard pay-
ing unto his sister Abigail Maynard her heirs or assignes five pounds in money withing three
years after my decease all the above Given premises to him and his heirs and assigns forever.

Item I Give unto my beloved son Daniel Maynard beside what I have Given him allredy a certain
piece or parcel of Land scituate on an Island ajacean to a meadow called three corner meadow
Lying in that which is now Westborough be it more or less, all the land I have there, all
I Give unto him my said son Daniel a five acre Town Right which I had of my honoured
father John Maynard deceased in all that is undevided in the Township of marlborough
as it was first Granted both within and without the cow common, however it is now in three
To ????? Reason as it be so divided.  And a five acre Right, Town Right in that part that
is called without the cow common being part of William Carleys Right also I give unto
him my Raper and Bellt.

Item I give unto my beloved son James Maynard all the land and meadow Ground I have
where he my said son James now Dwells be the same more or less, with a certain Lot
of meadow scituate in a meadow called Great middle meadow being part of William Kerleys
afore said his second devision of meadow in Marlborough be it more or less, also all the
Right I have in the last Devision of meadow commonly called the common meadow, that
belongs to me on my said Honoured father John Maynard Right, also ten acre town
Right without said cow common belonging to John Ruttes his Grant in said marlborough.

Item I Give unto my beloved son Ruben Maynard beside what I have Done for him already
I Give unto him all he owe to me and the Gone he hath that is mine.

Item I Give unto my beloved Daughter Abigail Maynard one half of my Household goods that
I have to be Eaqueally devided between her, and her mother, as near as may be both in qua-
ntity and Quallity, also I Give unto her my said Daughter Abigail forty pounds of money to
be paid out of my Estate by my Executor within four years, ten pound a year, yearly till the
whole be paid, also one cow out of my stock of cattle, and I also Give unto her a certain piece
or parcel of land containing more or less near a place called fram swamp now in Southborough
ajaceant to Stony Brook as may more fully appear upon Record in marlborough Book of Records,
also my will is that my said Daughter Abigail shall have the priviledge of house Room in my
now dwelling house for her conveniance and make it her home as she shall so cause during the
time, she shall Live unmaried, and that on free cost.

Item I Give unto my beloved Son Hezekiah Maynard whome I consittiute and make my sole
Executor of this my will and Testament, all my home stead on which I low live with my
Mansion house and all other Edefice and Buildings standing thereon with all other pieces
and parcels ofl and and meadow which I have and in Right belongs to me in the said
Marlborough or Southborough which I have not or shall not in this my will otherwise
Dispose of on condition that he my said son Hezekiah Shall well and truly Take a dutyful
Childe Like care of, and for me the said John Maynard and Lydia my wife his naturall

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parence During our Natural Life, and Give unto Each of us a Descent Christian
Buryall at our Death, But if ???? ????? should so order That I should Leave my now
wife a widow, and she should not chuse to be provided for by him my said son Heze-
kiah, then my will is that my wife that now is shal have the privilege of her
conveniancy  she stand in need of in this my house and have one cow which she shall
chuse out of my stock of cretures, and be keept summer and winter at the ???? of my
said son Hezekiah and one third part of the income of my pleace yearly for her Liv-
lyhood during the time She Remains my widow.

Item I Give unto my two sons afore Named (viz) Daniel and Ruben Maynard a certain
Lot of meadow which I formerly purchased of Abraham How Lying now in Westborough
with what Land I have ajoyning to it to be Equeally devided between them.

Item  I Give unto my other two sons afore named James and Hezekiah Maynard all my
Right in cedar swamp belonging to John Ruttes Right to be Eaqueally devided betwixt
them.

Item  I Give unto my Grandson Phinihas Maynard son of James Maynard all the land I
have on a hill westerly of Hopbrook it contains Twelve acres and fifty Rods taken up ????
Right of my homoured father John Maynard as appeares on Record.

And farther my will is that what Land in Right belongs to me in the three first devisions
without the cow common as it is called in Marlborough not yet taken shall be Equeally
devided betwen my sons (viz) John Danil and James Maynard.

Item I give unto my son Hezekiah Maynard my whole stock of cretures of all sorts not
other ways disposed of in this my will, And all my utencells of husbandry and if there
be any thing omitted herein belonging to my estate that I have of these premises to all
above named to them and to their heirs and assigns forever to be possessed and enjoy.
And I do hereby utterly disallow all and every other Legacies and Executor by me made
named or constitued, Ratifying and confirming this to be my last will and Testament.
In witness whereof I have set to my hand and seal the day and year above written.

Onely my will is that my waring apariel be to my sons viz. Daniel James and Ruben.

Signed sealed and declared
by the said John Maynard                                                
as his last will and Testament
in presents of us the subscribers viz.                                             his
Abraham Amsden                                                           John  M  Maynard  {seal}
James Woods                                                                                 mark
Jeremiah X  Newton
     his marke

Entred in the Registry of Wills for Middlesex Lib 19
        pa’es 208-9              By Fra Foxcroft Reg’r
The source citation for this probate case file is:

Middlesex County, Massachusetts, Probate case files, Volume: Middlesex 14000-15999 – Estate File #14854 (7 images), John Maynard estate, 1731; "Middlesex County (Massachusetts) Probate Records, 1648-1871," digital images, New England Historic Genealogical Society, 2014, American Ancestors  (https://www.americanancestors.org: accessed 2 January 2021); Digitized mages provided by FamilySearch.org from original records at Probate Registry, Cambridge, Mass. 

John Maynard (1661-1731) was the son of John and Mary (Gates) Maynard of Marlborough, Massachusetts.  He married Lydia Ward (1665-1740) in about 1688 in Marlborough.  They had nine children:

*  John Maynard (1690-1741), married 1719 Hepsibah Brigham (1686-1757).
*  Daniel Maynard (1692-1760), married 1735 Mary Oaks (1710-1805).
*  James Maynard (1694-????), married 1719 Mary Morse (1697-????)
*  Mary Maynard (1696-1717)
*  Reuben Maynard (1698-1762), married 1745 Dorothy Williams (1714-????).
*  Abigail Maynard (1701-1778), married 1743 Nathan Tyler (1687-1782).
*  Phineas Maynard (1703-1725).
*  Bethia Maynard (1705-1720).
*  Hezekiah Maynard (1708-1781), married 1739 Tabitha How (1712-1757).

John Maynard died testate on 15 May 1731 in Marlborough, having written a will 15 April 1731, which was proved on 14 June 1731 in Middlesex County Probate Court, by executor Hezekiah Maynard.  Hezekiah Maynard, Abraham Amsden and James Woods posted 1000 pound bond on 14 June 1731.  There is no inventory or account in this probate estate packet.  Lydia (Ward) Maynard died 10 January 1740, leaving no probate record.
John and Lydia (Ward) Maynard are my 7th great-grandparents, through their son James Maynard (1694-????) who married Mary Morse (1697-????) in 1719 in Marlborough and settled in Westborough, Massachusetts.

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NOTE: Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday." John offers this definition for "amanuensis:"

"A person employed to write what another dictates or to copy what has been written by another."

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Posted On: January 4, 2021 at 11:01AM