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| Notes for Mary BELCHER | ||||||||||
| per MAYFLOWER INCREASINGS by Susan E. Roser | ||||||||||
| Notes for Joseph (Spouse 1) | ||||||||||
| per MAYFLOWER INCREASINGS by Susan E. Roser probably died in Boston r161ALDENtBASStADAMStTHAYER BY GEORGE ERNEST BOWMAN [THE WILL OF JOSEPH BASS 3] [From copy certified by Thaddeus Mason, Deputy Secretary] On 25 February, 1733, "Alden Bass of Boston Wharfinger," petitioned the Governor and the General Court as follows: "That on or about the latter End of October last Mr Joseph Bass your Petitioners Father made his last Will in Writing Whereby he devised to Your Petitioner Alden his Dwelling House reserving to his Wife one Chamber a Priviledge in the Garret and Celler and the Household Stuff in the Chamber during her Widowhood, and directed the sd Alden to pay her for the Time aforesd Ten Pounds 17 Annum . To his Son Joseph a Peice of Land lying between Mr Keyes and his Son Moses . And also devised to each of his Children fifty Pounds to be paid within five years after his Decease by your Said Petitioner, who thereupon was to hold a certain Wharff now in your Petitioner's Possession and by him formerly mortgaged to his Said Father for four hundred Pounds, which Legacies wou'd amount to three hundred & fifty Pounds being Seven Children (your Petitioner included) and the remaining fifty Pounds to compleat the Sum of .400: as aforesaid was by him ordered to goe with the rest of his Personall Estate, and after paying Debts & Fneral Expenses to be equally distributed amongst all his Children, and he gave to his Son Benjamin all his wearing Apparel, and a Trunk to put them in, and devised to his Son Moses a Strip of Land behind his Brew House, Gave to his Daughter Miller his Silver Cup And to his Son Joseph and your Petitioner all the rest of his moveables or to the like Effect thereby constituting the Said Joseph and your Petitioner Executors; That a month afterwards the Said Testator died, that about two Days after his Decease the Said Testator's wife & Children all. met at Sd Dwelling House & being informed by the Testator in his Life Time that he had made his will and where the Same was deposited, they were desirous of having the Same opened & publickly read in their Hearing, in order to know if any Directions were given 108 Alden - Bass - Adams - Taylor therein touching his Euneral, and accordingly your Petitioner's Brother Joseph having received the Key of the Trunk from their Mother where they were before informed the Will lay, went up in the Chamber and brought the same down & then openly read the Same Several Times to the Effect aforesd, That afterwards the sd Joseph being the Eldest Son, and first named Executor carry'd the Same and locks it in the Trunk where he found it, and the next Day carried the Same to his House in the Country Where he read the Same in the Hearing of diverse Persons, That after the Funeral was over your Petitioner desired his Brother & Coexecutor to go to the Honobie the Judge of the Probate of Wills &c for the County of Suffolk to prove the Same, and a time was accordingly appointed, but So it was, when the Said Joseph Appeared he acquainted the Sd Judge that Sd Will was lost, and by Some Means conveyed away & embezzel'd & concealed, and that your Petitioner has applied to the sd Judge to have the Same discovered the Same is witout Effect no Law enabling the Sd Judge to make a thorro Discovery of Such inhumane Practices as in a Court of Chancery in England, and thereupon the Said Joseph made Application to Sd Judge as being the Eldest son to have Letters of Administration granted to him So as to proceed on said Estate as an Intestate Estate, notwithstanding all the Family wellknows, and he himself in particular That the Same is a Testate Estate, and that Such Attempts are a notorious Violation of the Will of the Deceased & detestable in the Sight of God & man, and loudly crys for the Interposition of your Excellency & Honours, otherwise no Person can dye with Assurance that his Will tho' made with the utmost Deliberation can take Effect. "wherefore your injured Petitioner most humbly prays your Excellency & Honours will in your great Wisdom & Justice take the Premises into consideration & enable the Said Judge alone or with Such a Committee as your Excellency & Honours Shall be pleased to appoint thoroughly to interrogate all Persons whatsoever Suspected in the Embezelment or Concealing the said Will, and to imprison Such as shall Stand in Contempt & also to examine Persons touching the Substance & Import of the said Will, and the Said Several Devises and when the Same is fully known to enable the Said Judge to prove the Substance thereof, and to grant Letters of Administration to your Petitioner who is the only Executor to whom no Fault can be imputed with the said Devises annexed, and that the Same Shall pass the Several Devises to the respective Devisees according to the Intent of the Testator to all Intents and Pur Alden - Bass - Adams - Taylor 109 poses as if the original Will that contained the same had not been embezelled & Concealed but duly proved, any Law Usuage or Custom to the Contrary notwithstanding, which will effectually discourage Such evil Practices for the future, when ill minded Persons perceive that the Wisdom of the Legislature justly frustrates their evil Intents, or that your Excellency & Honours will be pleased to afford your Petitioner Such further & other Relief as in your consummate Wisdom & Justice Shall Seem meet, and as in Duty will ever pray &ca Alden Bass "In the House of Represen299 Februa 25 : 1733 Read & Ordered that the Petitioner forthwith Serve the Adverse Parties with a Copy of the Petition that they make answer thereto on Thursday the Twenty eighth Current. Sent up for Concurrence J: Quincy Spkr "In Council Febr 26 : 1733. Read and Concurred J Willard Secry 27 . Consented to, J. Belcher "In Council, April 12 th 1734. Read again together with the answer of Joseph Bass & others, and Ordered That Thomas Hutchinson William Dudley & Francis Foxcroft Esqrs with Such as Shall be joined by the Honoble House of Representatives be a Committee to consider of the Subject matter of this Petition, and report as soon as may be what may be proper to be done thereon, and that the Comittee have Power to send for Such Persons & Papers as they may think proper to give Light in the Affair. Sent down for Concurrence J: Willard Secry "In the House of Represent18 April 26 : 1734. Read & Concurred & Ordered That Samuel Welles Esqr, Mr Bisby, John Choate & Willm Brattle Esqrs are joined in the Affair. J: Quincy Spkr Consented to J: Belcher "In Council June 25 th 1734. Read and Ordered that this Petition be revived, and That Ezekiel Lewis, Francis Foxcroft & Jacob Wendell Esqrs with 110 Alden - Bass - Adams - Taylor Such as shall be joined by the Honoh'e House of Representatives be a Committee to consider the Subject matter thereof & Report as Soon as may be what may be proper to be done thereon; and that the Committee have Power to Send for Such Persons & Papers as they may think proper to give Light in the Affair. Sent down for Concurrence J Willard SecrY "In the House of Representvs June 25 : 1734 Read & Concurred & Mr Welles Mr Bisby Collo Prescott & Mr Cushing are joined in the Affair J: Quincy Spkr 26: Consented to J: Belcher "The Committee appointed to consider of the Petition of Alden Bass pursuant to the Order of the 26 th of June last met Several Times on that Affair, and Sent for the Widow & Children of the within named deceased Joseph Bass also for two of those Persons, namely Brice Eules & George Ray, who, the Committee was informed, were Witnesses to the Will within referred to (Miles Flood the other Witness being out of Town) and the Committee examined the Widow & Children Seperately, who all of them acknowledged that before the Funeral of the sd Dece'd they heard an Instrument read at his dwelling House which they apprehended to be his last Will & Testament; and Sundry of them heard the Same read again, at the House of his Eldest Son Joseph, who Said he had it In keeping for a considerable Time, and they all agreed that the Substance of the Devises therein made were truly set forth in the Petition, and Several of them declared that the said Instrument was of the Sd Dece'd's own hand Writing: The said Brice Eules & George Ray declar'd that on or about the Twenty Second of September last, they (together with the said Miles Flood) Subscribed their names as Witnesses to an Instrument, which the said Decrd executed before them, and declared to be his last Will and Testament, and was of his own Hand Writing, but that they knew Nothing of the Contents of it. "Inasmuch therefore as from the Acknowledgments & Declarations of the Parties before named it appears very evidently that the beforenamed Decd left a Last Will & Testament in Writing, the Substance whereof is Set forth in the sd Petition, and that Some Clandestine Methods have been made use of to Secrete & destroy the Same thereby to frustrate the Intent of the Decd as to the Disposition of his Estate after his Death, Alden - Bass - Adams - Taylor 111 which ought Sacredly to have been Observed; The Committee are of Opinion, in order to discourage Such detestable Practices for the future, that the Several Devises and Legacies contained in the said Petition be deemed & taken as the last Will and Testament of the said Decd, and that the Judge for Probate of Wills &ca within the County of Suffolk be impowered & directed to approve & allow of the Same accordingly, and commit the Administration thereof, in all matters the same concerning unto his two sons Joseph & Alden Bass Executors therein named, if they See Cause to accept of the Same, and upon either of their Refusal, to him that will accept thereof, but upon both their Refusal to Such other Person or Persons as the Judge of Probate Shall think fit, taking Bond of Such Person or Persons with Sufficient Suerties to exhibit an Inventory of the Estate therein mentioned within three months from Such his Allowance, and for their faithful Administration: And that the Said Will so approved & allowed pass the Severl Legacies & Devises therein contained to the respective Devisees & Legataries therein named as effectually to all Intents & Purposes, as if the original Will had not been destroyed but duly proved and allowed. All which is humbly Submitted, In the Name & by Order of the Committee Septr 14 : 1734 Eze: Lewis "In Council Septr 14 : 1734 Read & accepted. Sent down for Concurrence J: Willard Secry "In the House of Represent' & Novr 22 : 1734 Read & Concurred J: Quincy Spkr 23: Consented to J: Belcher " A true Copy Attest: Thad: Mason Dept Secry" [The petition etc. were also recorded, 32: 59.] [From original bond] On 11 February, 1734, "Joseph Bass of Dorchester Tanner Alden Bass Wharfinger & Thomas Webber Innholder both of Boston and Edward Breck Tanner of Dorchester " gave bond for . 2000, " the above-bounder Joseph Bass & Alden Bass admitted admints .... of their Father 112 Alden - Bass - Adams - Taylor Joseph Bass late of Boston aforesa Wharfinger Deced "The witnesses were John Payne and John Boydell, the Register of Probate. [From original letter] On 11 February, 1734, "the Will Joseph Bass late of Boston aforesaid Wharfinger Deceased " was allowed, and administration granted to "his Relict Widow Rebecca Bass and his Son Samuel Bass Executors". | ||||||||||
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