Will of Daniel Wilcox, dated June 9, 1702

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Will of Daniel Wilcox, of Tiverton, Bristol Co., RI (Massachusetts at the time of his death)
The will of "Daniel Willcock of Tiverton in the County of Bristoll" was made 9 June, 1702.
Bequests were as follows:

"wife Elizabeth wilcok to be my Executrix and my sonne John Willcock to be helpfull unto his mother my sd wife as Executor (in case of her Decease or in any wayes being out of the way)".

To "my Eldest sonne Daniel willcock & so successively to his Eldest sone Daniel willcock & his Male Heires Lawfully begotten ... Two Hundred acres of lands & Meadow lands ... in the Township of Dartmouth ... in the place where my sonne Daniel Willcock formerly lived on the East side of the River Called Nocachuck River" also "a Quarter share of lands meadowes & priviledges thereunto belonging whether Divided or undivided ... The abovesd two Hundred acres land & meadows to be part of the said quarter share of land my son Samuel being decd and I haveing allready given a Deed of Gift unto his Children of what lands I did Intend or Determine for him. my mind & will is still that they shall have it and Enjoy it according to said Deed."

To "my sonne Stephen wilcock unto him & his Male Heires for Ever Lawfully begotten ... two Hundred acres of upland & all the Meadow lyeing against the River at the foot or lower part of sd land all ... in the Township of Dartmouth aforesd at the palce Called by the Indian Name weschutcut the place where I formerly lived my self on the west side of the River" also "one quarter share of lands & meadows whether Divided or undivided, the abovesd two Hundred acares of land Given to my said sonne Stephen willcock to be aprt of sd quarter Share of land."

To "my sone John willcock one Hundred acres of upland & meadows ... in the place Commonly Called Capotoneset & is the lands where he Now liveth & hath the possession of be it more or less the bounds thereof may more fully be Known by the Deed which I have of sd land, and in Case my said sone John willcock at any time or times shall be Removed & is removed by Course of law, any person or persons Justly Claimeing the said lands then my mind is that my said son John wilcock shall have my house lands orchards Pastures Gardens inclosurs and priviledges thereunto belonging, at Rhoad Island .. in the Township of Portsmouth ... And untill my son John be Removed off sd land where he now liveth my mind is that my wife Shall have the Yearly Rents of the house land orchards & priviledges of the said lands at the said Rhoad Island after my Decease, During her Natural life, and in Case my sonne John Willcoock be not Removed off the land where he now liveth, my mind is after my Decease & my wifes my mind is that my Daughter Susannah willcock shall have the abovesd House and lands at the said Rhoad Island."

To "my son Edward Wilcock to him & his Male heires lawfully begotten ... or for want thereof to his ffemale Issue lawfully begotten ... all my Houseing Buildings & Orchards & all my Lands ... on the southernmost side of the High way which goeth down into Punkatest Neck & the High way goeing up to ye woods with one lott of land that is of the late Division Lyeing above the great lotts to the Southward of the path which goeth or leadeth to the westermost Arme, onely Reserveing my great House & halfe the orchard to my owne and my sd wife Elizabeths Use Dureing Our Naturall lives if we see cause to make use of it, All the said Buildings & lands scittuate lyeing & being in the Township of Tiverton & County of Bristoll at the place Commonly called Namaquid, all the above Named premises I doe give unto my said son Edward Wilcock he paying & allowig yearly Each Year the sum of forty shilling pr year unto me & my sd wife his Mother Dureing our Naturall lives, if we or Either of us Demaund it & see Cause to take it."

To "my sonne Thomas willcock Unto him and his heires Male Lawfully begotten ... & for want thereof his female Issue (if he have any) ... all my lands & buildings thereon ... in the Township of Tiverton ... in the place Commonly called Namaquid that is all my lands ... on the North side of the High way which goeth down into Punkatest Neck & so goeth up into the woods with one lott of land lately layd out ... on the north side of the path that goeth or leadeth to the westermost Arme, as allsoe three shares of Marsha meadow lyeing below Edward Greyes land ... to him my said son Thomas willcock ... Paying & Allowing Yearly & Each year the sum of forty shillings pr year unto me & in Case of my Decease, unto My wife his mother if we or Either of us Demand it & see cause to take it and if Either of my two sonnes Edward or Thomas doth Depart this life without Issue then my will is that his Inheiritance hereby given unto him (so dyeing) in this my will, Shall be and Remaine to the Surviver for his proper Inheiritance for Ever in the same manner & forme before Decalred. It is to be understood that all the lands given in this my will to Edward & Thomas that is to the southward of the High way & the Northward of the High way is onely all my lands in that place called Namaquid and to Extend no farther North nor south of any of my lands other where."

To "my Daughter Mary wife of John Earle to her & her Children Lawfully begotten of her Body part of yt Share of land in Pocasset Purchass whereon she Now liveth to begin at the Brooke where the High way Now is & to Extend upward upon the same point of Compass the lott is layd out on the length of the lott. the said Brook is the Southermost Brooke in the said lott & from the southermost Brooke to Extend Southerly so far as there may be left Twenty acres of the wood land above the high way and from the sd Brooke where the High way Now is to Extend upon & downward upon a strait line & the same point of the Compass as the lott is layd out on, and all the land below the High way to the southward of sd line only Excepting a drift way from said Twenty acres off the south side of said lott down to the pond:"

To "my Daughter Lidiah to her & to her heires & Assignes all the land from the southermost Brook to the Northermost side of the lott the whole length of the lott."

To "my son in law Edward Briggs & Sarah his wife my daughter ... a Divission of land lately layd out ... in the Township of Tiverton butting upon the pond called Alldermans pond which is by Estimation one Hundred twenty five acres ... and if my sonne in law Edward Briggs Cannot Recover or Enjoy the abovesd lott of land by Reason of any former Gift or Sale therefore - Item I do give & bequeath unto my sone in law Edward Briggs & to his wife Sarah my daughter one Twenty acre lott in the last Divission Called Pocasset Purchass Called a Swamp lott and also my mind & will is that if y sonne John wilcock be removed from the land by Course of law where he now liveth and hath the land & house of mine at Rhoad Island Then my daughter Susannah wilcock shall have one Eighth part of a share of land & meadows whether Divided or undivided which was her Grandfather John Cooks. Except part of it that I sold to Christopher Gifford lyeing in said Dartmouth at a place Called Puachachuck, said quarter of a Share lyeing ... in the township of dartmth .. and in case my sonne John be not Removed from ye land where he now liveth by Course of law & my daughter Susannah hath the land at the Island, then the sd Eighth part of a share of land given to my daughter Susannah shall be Equally divided Amongst all my Children And as for all my land that lyeth in a Difference and yet not recovered Settled nor Disposed of my mind & will is that my four sonnes shall be at Equal Charges in the Recovering of it and so much of it as shall be recovered Shall be Equally Divided amongst them & my mind & will is that all my sons shall pay unto me & their mother if Demanded forty shillings Yearly and Each year Dureing our Naturall lives & as for all the Remaineing part of my Estate both Real & prsonall which shall be left at my Decease & my wife Elizabeth haveing a Comfortable Maintenance out of my sd estate & then what is Left at her decease to be disposed of Amonst my Children both male & female by my Executors & overseers after Named."

"my sonne Edward wilcock to be Joyned in Executorship with my wife his mother & my said sonne John to see this my last will & Testament fullfilled."

"my well beloeved ffriends Thomas Cornehil of Newport Joseph Wanton of Tiverton & John Coggeshall of Portsmouth on Rhoad Island to be Overseers of this my last will ... and to be helpfull to my Executrix & Executors in the Manageing of their affaires."

"I do order my Executors to suffesiently pay my said overseers at time or times for all their trouble & Charge they are at any time about yor business."

"I do order my Executors to pay Joseph Wilcock five shillings."

The will was dated 9 June, 1702, and signed by a mark. It was witnessed by William Manchester (by a mark), Edward Briggs and Zachariah Allen. It was probated 25 August, 1702, all three witnesses being present, and was recorded 31 October, 1702.

On 16 July, 1702, "An Inventory of the Personall Estate of Daniel wilcock of Tiverton ... who Deceased the 2d day of ye 5th mth July 1702" was made by John Coggeshall and Zachariah Allen. On 25 August, 1702, "John & Edward Wilcox of Tiverton ... Executors" made oath to the inventory. It was recorded 23 October, 1702.

The inventory mentions "his Personall Estate at Rhoad Island" and "his personall Estate in Tiverton."

[From the original bond] On 29 August, 1702, "John Wilcox and Edward Wilcox sons of the late Daniel Wilcox of Tiverton ... Decd" as executors, and "Edward Briggs of said Tiverton ... Carpenter" as surety gave bond for £260. It was signed by "John willcock", "Edward willcock" and "Edward brigg" [the seal apparently covered the "S"]. The witnesses were William Manchester (who signed by a mark) and John Cary.

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Source: "Wilcox Notes" by George Ernest Bowman; The Mayflower Descendant, Vol. 16, No. 4, October, 1914, pp. 239 - 243