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JONATHAN DELANO'S WILL
By The Editor
Jonathan Delano married, on 28 February, 1677/8, Mercy* Warren, daughter of Nathaniel* and Sarah (Walker) Warren, of Plymouth, and granddaughter of Richard1 Warren of the Mayflower. The marriage and the births of the thirteen children are found on the Dartmouth, Mass., Records, printed in our third volume. The children were: An unnamed daughter, Jonathan, Jabez, Sarah (died in infancy), Mercy, Nathan, Bethiah (died in infancy), Susanna, An unnamed son, Nathaniel, Esther, Jethro, Thomas.
Jonathan Delano made his will, at Dartmouth, on 17 December, 1720, and added a codicil five days later. The inventory was taken, 30 January, 1720/1, and the will was probated, 6 March, 1720/l.
The will mentions the wife Mercy; sons Jonathan, Jabez, Nathaniel, Jethro and Thomas; daughters, Esther Delano and Mercy Hatch; granddaughters, Meribah Delano and Susanna Nye.
The original will, codicil, inventory, receipt of the widow, and executor's bond are still preserved in the files of the Bristol County, Mass., Registry of Probate; but the will is badly broken, and it has been necessary to complete our transcript from the record.
We here present exhaustive abstracts of all records, and original documents on file, relating to the settlement of the estate.
This article has been prepared at the expense of Mrs. Robert M. Fairleigh, of Hopkinsville, Ky., a descendant of Jonathan and Mercy (Warren) Delano, through their son, Jonathan Delano, Jr., of Dartmouth, Mass., and Tolland, Conn.
[jonathan Delano's Will]
[From original will] "Jonathan Delano of Dartmouth .... yeoman" made his will 17 December, 1720. Bequests were as follows:
To "Mercy my .... wife . my best feather bed with all the furniture belonging to it and two Cowes" also "the Eastermost
fire room of my dwelling house with half the chamber over it and half the lentoo and celer belonging to it during her widowhood" also "ten sheep"
To "my son Nathaniel Delano (whom I likewise make .... my .... exector . . . .) that part of my homsted whereon my dwelling house and Barn stands to be divided from the remaining part of my Homested by a line to begin at a heap of stones the southwesterly Corner bound of my son Jonathan Delonos Homsted and to run west twenty degrees southerly across my land : with three quarter of that percel of marsh meadow at the foot thereof that lies for five acres and to be the Easterly part thereof I also give Unto him my lot of land lying in Sconticut neck .... with one third part of my right in ceader Swamps and one third part of all my right in the undivided lands within sd Dartmouth .... I also give him my best gun"
To "my son Jethro Delano the souther part of my Homested to begin at lower end of the neck called Newlands Neck and to extend Northerly till it comes to the pine tree bound mentioned for a bound in the survey of sd homsted and from sd pine tree to extend still northerly in the line of sd homested sixty foure rods and from thence to be divided from that part hereafter given to my son thomas Delano by a west line to run across [to the other side of said homested I allso*] give to my Sd son Jethro my lot or percel of meadow Scituate on the westward side of Newlands neck aforsd containing by estimation two acres and seventy seven rods"
To "my son Thomas Delano all the remaining part of my homested with my lot or percel of marsh meadow scituat in the great meadow containing by estimation one acre and one hundred and fifty seven rods, also the remaining quarter part of that five acres whereof the other three quarters is above given to my son Nathaniel"
"I give all the rest of my lands whether upland or cedar Swamp divided and undivided not above disposed of to my sons Jethro Delano and Thomas Delano .... to be equaly divided betwen them"
"my son Thomas Delano .... Shall have liberty to to pass and repass through the lands above given to my sons Nathaniel and Jethro to the meadows above given to him as ocasion may require".
To "my two sons Jonathan Delano and Jabez Delano each .... twenty Shillings together with what I have already given them"
•The words in brackets are supplied from the record.
To "my Daughter Esther Delano one feather Bed and bolster and one Coverlid two blankits and one pair of Sheets" also "two Cows to be delivered [unto her*] by my executor four years after my decease" also "fifteen pounds in money to be paid to her at the expiration of seven years after my decease by my three sons (viz) Nathaniel Delano Jethro Delano and Thomas Delano (that is to say) each of them to pay the sum of five pounds"
To "my daughter Mercy Hatchf .... twenty shillings together with what I have already given her"
To "my Grandaughter Meribah Delano one Cow and ten Sheep to be paid by my executor when she comes to the age of eighteen years"
To "my Grandaughter Susana Nye one cow and ten sheep to be paid by my executor when se attains to the age of eighteen years"
To "my maid Jerusha Bateson six sheep to be delivered to her by my executor when She comes to the age of eighteen years if She continues to serve my wife or if Shee decease with my executor till then"
To "my son Nathaniel Delano one feather bed and beding"
To "my sons Jethro delano and Thomas Delano each one feather bed and beding to be delivered to them as they come to the age of twenty one years and I give to my Sd Son Thomas one gun"
"it is my will that my Sd Sons Jethro and Thomas shall Continue with there mother and there Brother nathaniel until they come to the age of twenty one years in order to help there sd brother to pay such debts and legasies as he is hereby ordered to pay out and .... if they so Continue my executor shall pay unto each of them one pair of Steers Steers of four year old and one Cow as they Come to the age of twenty one years"
To "my sd wife all my household goods except what is before disposed of", also "one mair colt"
"my sd son Nathaniel Shall find his mother with fire wood all the year round cut fit for the fire Convenient for her use during her widowhood and dureing sd time shall find her keeping and what tendance the season may require for two cows and one horse kind"
"my three sons namly Nathaniel Delano Jethro delano and Thomas Delano Shall pay to their mother each the Sum of fourty Shillings a year during her widowhood in such provition
• The words in brackets are supplied from the record. 1 See IMano-Spooner note, on page 192.
as She Shal need and that my sd son Nathaniel Shall pay the sd sum of fourty Shillings a year for each of his sd brothers untill they come to the age of twenty one years"
"I give all the remander of my estate of what kind soever to my Sd Son Nathaniel Delano"
The witnesses were Bartholomew West, Thomas Pope and Thomas Taber, Jr.
On 6 March, 1720/21, Thomas Taber, Jr. and Thomas Pope made oath, that they, with Bartholomew West, witnessed the will. [Also recorded, 3: 707.]
[From original codicil] On 22 December, 1720, Jonathan Delano added a codicil to his will, as follows: "I . . . . give unto my son Nathaniel Delano the use profit and improvement of all the upland and Marsh meadow in my sd last will .... given to my two sons Jethro delano and Thomas Delano untill they each attain to the age of twenty one years only it is my will'that he Shall not make Sale of above fifty Cord of wood from each of their parts of upland above sd:"
The codicil was witnessed by Thomas Pope, Sara Jenne and Thomas Taber, Jr. On 6 March, 1720/21, Thomas Taber, Jr. and Thomas Pope made oath that they, with Sara Jenne, witnessed the will. [Also recorded, 3: 709.]
[3:707] The will was probated 6 March, 1720/21, and administration granted to Nathaniel Delano, the executor named.
[From original document] The inventory was taken, at Dartmouth, 30 January, 1720/21, by Philip Taber, Stephen West, Jr., and Thomas Taber, Jr. The real estate was as follows: "his Homested" £950; "Salt marsh meadow" £95; "41 acers and § of land" £125; "a lot of land in Sconticut neck" £45; "a cedar Swamp lot and undivided land" £25. The total amount of the inventory was £1630, 16s. Nathaniel Delano, executor, made oath to the inventory, 6 March, 1720/21. [Also recorded, 3:710.]
[From original document] On 1 March, 1720/21, "Mercy Delano widow and Relict of Jonathan Delano late of Dartmouth .... deceased" certified that she was "Satisfied with what my Husband has ordered for me by his last will .... and Shal accept thereof in lew of my right of thirds" . Mercy signed by a mark. Thomas Taber, Jr. was the only witness. [Also recorded, 3:710.]
[From unrecorded bond] On 6 March, 1720/21, Nathaniel Delano of Dartmouth, as executor, with Thomas Taber, Jr. and Thomas Pope, both of Dartmouth, as sureties, gave a bond for £1000. The witnesses were John Cary and John Gary, Jr.