|Birth||Abt 1608||The Devizes, Wiltshire, England |
|Death Note||When Nicholas Batt died, his son-in-law John Webster (husband of nicholas’ oldest child) contested the will, claiming that Nicholas had promised all lands to him and that they shouldn’t be split with the other daughters. The documents are below...but the resolution is not in the records!|
Overall, Nicholas’ estate was valued at £242 11s. 6d, of which £155 was real estate, including “housing & orchard with the land the trees stand on,” £40; “about two acres & a half of land called Coleman’s Lot,” £20; “a lot of meadow called Silver’s Lot, about 5 acres,” £25; “another lot of meadow, about 5 acres of land below Islye’s,” £30; “a lot & half of meadow at Plum Island,” £18; “a freehold,” £20; and “half an acre of meadow at Pine Island Bridge,” £2.
Estate of Nicholas Batt of Newbury
Essex Probate Docket # 2134
In the Name of God Amen I Nicolass Batt of Newbury, in N: England being Aged and weak of body; though in full and perfect Memory; Doe make and ordaine my last will and Testaent, for the disposing of my esteat in maner and forme as followeth.
Impr: I give my body to ye dust to be buried, and my Soul unto god that gave it, And as for my worldly goods I doe will and dispose of as followeth.
First I give to my daughter, Mary Elithorp or har haiers a fether-bed, bolster and pillow wt a pr of Sheets, and a pr of blankets.
2 To Sarah Mihill, I doe give a cow, and pr of Sheets, wt the six yews and lambs thay have alredy
3 To my two grand-Children Nicholas Webster, and Nicolas Mihill, I give ech of them a yew and a lamb.
4 To my 3 grand-daughters, Sarah Webster, Mary Elithorp, and Sarah Mihill, I give to ech of them a pweter plater.
5 All the Rest of my esteat, both Lands, housing, orchard, and Chattells or moveable estat I give to my Wife dureing har lifetime provided yt She Continew a widow; excpt a lott of meadow wch I gave to John Webster att his marriege; also I make my wife Sole Executrix of my estate.
6 And after my Wife is deceased I doe order and appoint yt all ye estat that is remaining, Shall be equally devided into five equall parts, and yt my daughter Anne Webster, shall have two parts: and ye other three parts, Shall be equally devided, betwen my two daughters, Mary and Sarah, or thaier haiers, allwaies provided yt John Webster, or his haiers being my daughter ann's Children, Shall have liberty to buy the land of both my other Children, that is, thaier parts, if he or his haiers will give full as much for it, as any other man will give,
7 Also I doe desier, and appoint my Lov: freinds, Richard Dole, and Benjamin Rolfe over-seers to see that this my will and Testament be performed according to the full intent thereof in evry perticuler; and for to declare yt this is my last will and testamt I have hereunto Sett my hand and Seall this eighteenth day of June Anno Dom: one thousand, Six hundred, Seaventy fouer.
Nichlas Batt (seal)
Proved in Ipswich court Mar 25, 1678 by the witnesses.
Inventory taken Dec 12 1677, by Samuell Ploumer and Benjamin Rolef.
Attested in Ipswich court Mar 26, 1678 by Lusie Batt relict of Nicolas Batt.
THe inventory of Nicholas’ estate, taken 12 Dec. 1677, totaled £242 11s. 6d., of which £155 was real estate housing, an orchard, about 13 acres of meadow in various places and “a lot & half of meadow at Plum Island.”
Will of Nicolas Batt was proved Mar. 26, 1678 and objection was made by John Webster.
Ipswich Quarterly Court Records, vol. 5, p. 303
Whereas Nicholas Batt of Newbury is lately deceased and the law gives liberty to prove a will before two magistrates, the clerk John Webster, who married the eldest daughter of said Batt, came to the Worshipfull Major Generall Denison, Esq., 6: 9m: 1677, and desired that no such will might be proved in private without his or his wife's knowledge, as they had something to say. They were so advised by the Honored Major Generall to have this caution entered
Ipswich Quarterly Court Records, vol. 5, p. 299
Deposition of John Emery, Sr. and Mary his wife, that in 1653 John Webster married Ann Batt, daughter of Nicolas Batt and in consideration of their marriage Nicolas Batt promised to give to the said John Webster with his daughter Ann his house he then lived in and all his lands that he had with all the priviledges belonging unto them after his and his wife's decease, and did immediately give to the said Ann possession of part of it in lieu of the whole and John Webster hath enjoyed it as his own proper estate to this day without molestation; furthermore Nicolas Batt promised to weave all the cloth that she made for nothing.
Sworn in Ipswich court Mar. 26, 1678
Deposition of John Emery, Jr. aged about fifty years, that in 1653 on the day that John Webster was contracted to Ann Batt eldest daughter of Nicolas Batt of Newbury he being at this father Emryes house heard Goodman Batt say that while he lived he would weave her cloth and after his decease and his wife's she as his heir should have all his houseing and lands for as his eldest dughter she should have a double portion and he accounted the houseing and land would amount to such a vaule; further Batt said that he would give his other children their portion as he could in his life time as he was able and in case he should die the other two daughter should have their portions out of his other estate.
John Emery, Jr. confirmed this testimony Feb. 28, 1677 before Jo. Woodbridg, com.
Sworn in Ipswich court, Mar. 26, 1678
Deposition of John Webster, Jr., aged 22 years that about four or five months before the death of his grandfather Batt he heard his father and grandfather discoursing about building a room to his granfather Batt's house and if he did, of his grandfather giving him security from damage and his grandfather said he need not fear coming to loss for he had made a will and all his land was given to him after his death and his mother's; further, that ever since he took notice of things his father had enjoyed the orchard behind the house as is own and he had heard both his grandfather and grandmother say that the orchard was his father's and that after their death he was to have all the rest of the lands.
John Webster, Jr. confirmed this testimony Feb 27, 1677 and John Webster, Sr., before Jo. Woodbridge, Sworn in Ipswich court, Mar. 26, 1678.
Ipswich Deeds, vol 4 p. 150
Petition to the Ipswich court Apr 30, 1678, of John Webster of Newbury, showing that Nicolas Batt late of Newbury did before the marrage of the petitioner to his daughter Ann, freely promise his house and lands with the priviledges thereto belonging, after his own and his wife's decease as a portion to his said daughter, yet notwithstanding, the said Nicolas Batt made his will and disposed of his land as his other estate, (which your petitioner conceives was not bequeathable being before disposed of to him on the marriage of his daughter) and the petitioner is debarred from the possession of the said land till after the death of the relict of the said Nicolas, who being made executrix of the will offereth the land to sell, whereby the petitioner is endangered to be defeated of his just right and he asks that the land may be secured and not alienated, or at least to accept this address into the public records of the court as a testimony of the petitioners continued claim.
The Court Apr. 30, 1678 ordered that it maybe recorded.
Ipswich Deeds, vol. 4, p. 155
Source: Printed "Probate Records of Essex County, Massachusetts; 1635 - 1681," In three volumes,The Essex Institute; Salem, MA; 1916.
See other references above. 
|Education||He signed his name to deeds and to his will |
|Immigration||3 Jun 1635||England to Boston on the James [3, 4]|
|Occupation||linen weaver [3, 4]|
|Died||6 Dec 1677||Newbury, Essex Co., Mass. [3, 4]|
|Person ID||I7748||Owings Stone Genealogy, Ancestry & Heritage|
|Last Modified||26 Feb 2004 00:00:00|
|Family||LUCY <>, b. Bef 1617, England|
|Married||Bef Jun 1635||England|
|Family ID||F5471||Group Sheet|
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