Hartford County CT Archives Wills.....Case, John November 21, 1700 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ct/ctfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Barbara Mihalcik christielisabeth@yahoo.com August 13, 2009, 1:29 am Source: A Digest Of The Early Connecticut Probate Records 1700 To 1710 Written: November 21, 1700 A DIGEST OF THE EARLY CONNECTICUT PROBATE RECORDS 1700 to 1710 Page 83-4-5-6-7-8-9 Name: John Case, Sen. Location: Simsbury Invt. œ562-05-01. Taken 2 March, 1703-4, by John Slater, Sen., James Cornish and Andrew Robe. The legatees: Elizabeth the relict, John the eldest son, Samuel, William his children, Richard, Bartholomew, Joseph, Elizabeth, Mary, Sarah and Abigail Case. Will dated 21 November, 1700. The last will and testament of John Case, Sen., late of Simsbury, decd.: I give to my wife Elizabeth Case œ5 annually during life, which was engaged before marriage. I give to my son John Case land I bought of Mr. Samuel Stone in Simsbury, also œ5. I give to my son William Case land I bought of Thomas Hart in Farmington, joining lands of the heirs of Capt. Marshall, and land in Weataug I bought of John Clark. I give to my son Samuel 5 acres of land given me by the inhabitants of Simsbury at Weataug, adjacent to Benajah Holcomb's houselott; also I give him my whole share in the two mills, viz., corn mill and saw mill, standing on Hop Brook in Simsbury; my share in the mill lott and the lott in Hazell Meadow I bought of John Humphries; also the land in Hazell Meadow I bought of Joseph Skinner. I give to my son Richard Case that allotment being situate in Weataug Meadow which I bought of Eliakim Marshall, and the houselott at Weataug which I bought of John Clark. I do give to my son Bartholomew Case my proper allotment given me in Hazell Meadow and at the Common Land lying on the west side of the river, and 12 acres adjacent to it, and 1-2 of the new barn, and 5 acres of land on the Plaine against Sergt. Wilcockson's houselott. I give unto my son Joseph Case, by deed of gift, in consideration of his living with me during my lifetime and managing my whole affairs and business of husbandry according to my ordering and discretion, my now dwelling house in Simsbury and the whole of my houselott, bounded east by the river, north by John Pettebone's houselott, west by the highway and south by Benajah Holcomb's lott, with the barn, fences, orchards, and all edifices directed and built thereon. I give to my daughter Elizabeth Tuller œ10 more besides what she hath already received. To my daughter Mary œ15, also 12 acres of land lying in Simsbury. To my daughter Sarah Case, alias Phelps, œ20. To my daughter Abigail Case œ30. And although William be dead, yet an equal share shall appertain to his estate to be distributed to his children. Moreover, if there be not estate enough left of the moveables at the time of my death to discharge the several legacies herein held and contained, after my other debts be paid, as these legacies (John œ5, Elizabeth œ10, Mary œ15, Sarah œ20, Abigail œ30, Joseph œ2, total œ82), then it is my will that my sons herein named, or their heirs, do make good to each legatee herein mentioned their several sums by an equal dist. of each person excepting Joseph, who shall pay double to the rest of his brethren, whose names are William, Samuel, Richard, Bartholomew and Joseph Case. I appoint my brother Samuel Spencer of Hartford and my son John Case of Simsbury to be Adms. Witness: John Slater, Clerk, William Gillett, Elias Slater. John x Case, Sen., ls. An addition to the before going will, dated 12th February, 1703-4: On that certain day received at the will and pleasure of John Case, Senior, who thus explained himself in reference of that small estate which it pleased God to give him in his lifetime: Therefore do now explain myself as to my will and pleasure: That my homestead should be divided, and one half at my pleasure disposed to that son that shall live with me, with the messuages, and the other half to be disposed between my three sons, Samuel, Richard and Bartholomew; only that son that lives with me to have the half reserved, northward part; and that my wive's dowry, viz., five pounds annually during her life, shall be paid out of said homestead. And that my son Joseph Case, seeing he has declined his due respects and service from me in this time of distress and sickness contrary to my expectation and agreement, yet, notwithstanding, I do give him my Nodd meadow lott with the upland adjacent, granted me by the inhabitants of Simsbury, as appears upon record; as also I give unto him the half of the land on the plain, by Doctor Jacob Read's, given me by Simsbury inhabitants, half of that said lott from sd. Read's lott to my old lott or former grant. I give him said Joseph the one-half of this my last grant. This being in consideration of his whole proportion on all account and portion. As also I give unto my daughters my moveables after my debts are paid. As also I give to my son William Case's children that estate in land that I gave to my son William. And unto my son John Case, as the sole and full of his portion, that land he now stands possessed of, with the addition of pay as is expressed in my will. And be it further known, that whatsoever estate I have disposed of by former wills or by these presents, that none of these my children shall be put in possession or have right to till after my death, only reserving this liberty to myself to order and dispose of the one-half of my homested as in this case of my necessity I see occasion. There being one thing slipped memory, but we underwritten do testify that this is fully expressed by the sd. John Case, Sen., who did express that the sd. portion given out of my own estate to my daughter Mary shall be and appertain to her children. Witness my hand: Witness, John Slater, Sen., James Cornish. John X Case, Sen. Court Record, Page 53--9 March, 1703-4: Will exhibited by Mr. Samuel Spencer and John Case. Proven and ordered to be recorded. Page 67 (Vol. IX) 4 June, 1718: Upon the motion of the heirs of John Case, Sen., of Simsbury, decd., for a dist. to be made of the remaining part of the estate, this Court appoint John Humphries, Samuel Pettebone and John Sexton, of Simsbury, to dist. that part of the estate of the sd. John Case, decd., not yet dist., according to the direction given in the last will and testament. File: Now, whereas, the heirs of John Case of Simsbury, deceased, did, 9th June 1718, obtain an order from this Court of Probates for a distribution of the remaining part of the estate of sd. decd.: Therefore we, the subscribers hereunto, being appointed, have made this following distribution: Imprimis: Set out to John Case, Samuell Case, Marcy Hely and Abegall Westover, the marsh under the west mountains, they having agreed to take that for their parts of the sd. estate, and to be equally divided amongst them. 2ly. Set out to Richard Case, son to the deceased, one-third part of that lot that lies on Calve's Tongue Brook. 3ly. Set out to Barthelme Case, son to the deceased, one-third part of that lot that lies on Calve's Tonge Brook. 4th. Set out to Joseph Case and the heirs of Sarah Case that lot at the West River, up the river, on the northwesterly side of Majr. Talcott's land. 5ly. Set out to the heirs of Elizabeth Tuller the other lot at the West River. 6th. Set out to the heirs of William Case, who was son to sd. deceased, one-third part of that lot at Calve's Tongue Brook. 28 November, 1718. John Humphries, Samll Pettebone, John Saxton. 4 May, 1719: Accepted in Court. Test: Hez: Wyllys, Clerk. File at: http://files.usgwarchives.net/ct/hartford/wills/case20gwl.txt This file has been created by a form at http://www.genrecords.org/ctfiles/ File size: 7.9 Kb