On Feb. 4, 1701-2, Mrs. Hannah (Jackson) Averell, widow of William2, joins with her children in publishing an instrument which is famous among such New England documents, and for that reason it is given here in full:
Essex Reg. of Deeds (So. District) B. 42, p. 243: William Averill, John Averill, Nathaniel Averill &c their Settlement or Division of Lands. Rec'' on Record, July 3'' 1724.
To all Christian People to whom these presents shall come, Hannah Averill of Topsfield, in the County of Essex, within the Province of the Massachusetts Bay in New England, widow, executrix to the last will & testament of her late husband William Averill of the above s'd Town & County, deceased, & William Averill, John Averill, Nathaniel, Job, Ebenezer, Thomas, Paul, Isaac & Hannah Averill, Abigail Bishop, & Mary Averill,
Signed Sealed & Deliuered
In ye p-sence of vs
+ Auerell & a Seal John Auerell & a Seal Nathaniel Auerell & a Seal
all children of said William & Hannah, send greeting: Know yee, that whereas said William the parent, died seized of a considerable estate, both real & personall, as by ye inventory given in, of ye same, more fully appears, in order to ye Settlement of the same to the mutuall satisfaction of said parties (together with other estate purchast since) it is agreed that whereas the said Hannah, executrix, hath with the consent & assistance of the said Brethren & Sisters alienated part of the lands that said William, the Parent dyed seized of, and with the assistance of severall of the persons named purchased severall lands, that the s'' widow may still have a comfortable maintainance out of the said estate real & personall which her said husband left her during her widowhood and that hath been purchased since the said William the Parents decease. It is agreed that the said Hannah shall receive the same out of the lands & from the hands of those brethren hereafter named that oblige themselves, and heirs thereto, and that she the said Hannah shall have the use of such moveable estate and household goods which she hath reserved dureing her naturall life. Also it is mutually agreed that each Brother and Sisters part & portion may be well & duely paid according to the tenour & purport of their said parents will, and what is purchased it is also hereafter Agreed and concluded, which of said persons shall make payment of ye respective parts, viz': such as have accepted of the lands, houses & tenements built before the decease of s'' parent or purchased since shall performe the duty & make payment of ye respective sums, they are respectively obliged unto upon the respective obligations given by the said persons unto the others interested in the said real estate, the said persons that before signing hereof had interest in said real estate hath consented to take personall estate of said persons following and have hereafter quited claime unto said real and personall estate, except what is set out as their part of what they are to receive and what may fall & happen to any of them by the death of any under age, which if any depart this life before, it is mutually agreed that such part share or shares shall be equally divided for quantity amongst the survivours that live to age. Imp" It is mutually agreed & said Hannah the Parent consenteth & agreeth to live and abide with her son John Averill who willingly accepts of s'' betrustment and promiseth to afford said parent all suitable sustinance and maintainance dureing her naturall life, said parent remaining a widow and abillity in body and assisting as at present towards her Livelyhood, but if disenabled by sickness and infirmities and cannot assist as at present, it is mutually agreed by his three brethren, Nathaniel, Ebenezer & Job Averill that they shall and each obligeth himselfe and his respective heirs, executors and admin" to yeild and pay each part of what sum and sums of payments shall be needfull towards her sustainance and maintainance with their said Brother, who each stands obliged unto said parent for their respective quarter part, which if any of said parties or their heirs, executors and admin" fail in the supply and payment thereof, unto their said parent or the respective party or his heirs, executors or admin" with whom the said parent shall see it best for her to live & shall reside; it shall be & is in the liberty and power of said parent, notwithstanding the settlement hereafter made to lease & rent out or sell so much of the defective parties lands as shall be needfull to procure such supplies as such defective party ought to have made and is hereby obliged unto and for said parents support. Item, It is agreed mutually and John Averill accepts of as his full share, in his said fathers lands, and also of the purchast lands since his s" parents death, viz': the house, barne & outhouseing orchard, garden, yards & lands, scituate about the same, containing by estimation sixty acres, be it more or less, as bounded westerly & Southwest side by the land of Mr. Timothy Perkins, in part and the Common in part So.= & So.=East by the land of Mr. Thomas Bakers in part and Mr. Perkins in part. So.=westerly by said Perkins land till it comes to the highway that leads to the brook called Mile Brook, and then by the Brook up stream by the meadow of John French and Daniel Boarman, being on the No. East side: Also the said John is to have of Nathaniel's part of meadow dureing his mothers naturall life the use of one acre and halfe of River Meadow upon the receipt of which said John obligeth himselfe to pay of ye money owing from the estate, thirty pounds, together with the interest that is due already, for said thirty pounds and that shall accrue hereafter, till it's paid, also the sum of One Hundred and thirty pounds which said John hath given severall bills for to the Legatees upon their quitting claime to the real estate that he is now possest of. Item. It is mutually agreed and Nathaniel Averill accepts of as his full share of his fathers lands, and also of the purchast lands since his fathers decease, viz': about one hundred acres of upland & meadow by estimation be it more or less, being part of that was purchast of Governour Bradstreet as it is set out & bounded by boundaries agreed on betwixt himselfe and his brother Ebenezer, all the said buildings upon said Land, and halfe ye common rights that belongs to that land & Ebenezers: upon the receipt of which he, the said Nathaniel obligeth himselfe to pay of currant silver money owing from the estate, Twenty & Five Pounds together with all interest that is & shall become due for it untill paid, also the sum of Seventy-Five Pounds which said Nathaniel hath given bills for to the legatees, upon their quitting claime to the real estate that he is hereby possesstt of and that his father dyed seized of. Item. It is mutually agreed & Ebenezer Averill accepts of as his full share of his Father's land as the lands purchast since his father's decease, viz': abount one hundred acres of upland and meadow ground, by estimation be it more or less, being part of that was purchast of Governour Bradstreet as it is set out and bounded by boundaries agreed on betwixt himselfe and his Brother Nathaniel: all the said biuldings & outhouses and halfe the common right that belongs to said land and Ebenezer's, upon the receipt of which he, the said Ebenezer obligeth himselfe to pay of currant silver money owing from the estate the sum of thirty pounds together with all interest that is & shall become due for it untill paid: Also the sum of Seventy-five pounds, which said Ebenezer hath given bills for to the I.egatees upon their quitting claime to the real estate that his father died seized of and that he is hereby possesst of. Item: It is mutually agreed & Job Averill accepts of as his full share of his father's land and the lands purchast since his fathers decease, viz': about one hundred & fifty acres of upland and meadow ground, by estimation be it more or less forty acres of it, being part of the land purchast of Governour Bradstreet, about three or four score acres of it purchast of Mr. Zerubbabel Endicott with other lands purchast of other persons, together with the grist mill that is the right which belongs to us and the house and barne which said lands are scituate upon the north & South sides of the River called Ipswich River, upon the receipt of which the said Job obligeth himselfe to pay in currant silver money owing from the Estate, the sum of Fifty Pounds, together with all the interest that is or shall become due, untill it is paid. Also the sum of Seventy & Five Pounds which said Job hath given bills for to the Legatees upon their quitting claime to the real estate that his father died seized of and the lands purchast since, that he is hereby possesst of. Whereas there are severall sums due by obligations to s" estate, thirty & six pounds of which are made to Nathaniel Averill and fifteen pounds unto John Averill, it is mutually agreed that s'' sums shall respond the payments which are due from the estate in money, besides ye perticular payments each are hereby obliged to make. We, John Averill, Nathaniel Averill, Job Averill, and Ebenezer, haveing settled said parts before mentioned and accepted as expreast in the perticular Division to each as our respective shares in the real & personall estate that our said father dyed seized of as well as of that which hath been purchased since: by these presents have remised, released and forever quitclaimed & doe by these presents remise, release & forever quitclaime unto each other their heirs, Exec", Adminis" and assignes, of all actions, cause of actions, suit & suits, Controversies, claimes and demands of or concerning any further part of any of the real or personall estate given by our late father William Averill, Deca, or any of the lands purchased since his decease, that we, or any of us, our heirs &c. might make claime or demand of and unto, except what is particularly mentioned in our respective Divisions hereby covenanting & promiseing to and with each other that each party & their respective heirs, executors, administrators and assignes shall forever have, hold and enjoy the respective parts accepted by, each party without any Lett, molestation interruption, suit or deniall of us or our heirs, executors, admin" or assignes, we, William, Thomas, Paul & Isaac Averill and Hannah Averill & Jonathan & Abigail Bishop of Beverly, & Mary Averill, Children of William Averill, late of Topsfield, deceased, haveing received of our mother Hannah Averill, executrix to the estate & will of her said husband William Averill & such as she hath appointed to make payments to our full satisfaction of what we might respectively claime and demand in the estate of our said father by will or otherwise, therefore by these presents, we, William, Thomas, Paul, Isaac, Hannah & Mary Averill & Jonathan and Abigail Bishop have remised, released and forever quitclaimed and doe by these presents remise, The Capen House, Topsfield, 1686.
release and forever quitclaime unto said Hannah as executrix to said William deceased, of all actions, cause of actions, suit, suits controversy & controversies & for concerning any further part of said Williams Estate that he died seized of whether reall or personall then what is paid and secured to be paid by bills bearing date with these presents covenanting and promising that the respective shares mentioned to each particularly in ye former part of this agreement shall be and remiane to them respectively as mentioned and their respective heirs, executors, admin" & assignes forever without any lett, suit or deniall of us or any of our respective heirs, executors, admin" or assignes forever. In testimony that this is the mutuall agreement of us the children of William Averill, deceased and that which we doe promise & engage to each other to fulfill and performe we have hereunto sett our hands and seals this fourth day of February in the year of our Lord one thousand seven hundred one or two.
Signed, sealed & deliv* \ John Averill & a seal, Isaac Averill & a seal, ered, to each other as ) Nathaniel Averill & a seal. Jonathan & Abigail their act & deed in ( Bishop & a Seal. Job Averill & a seal. Ebenezer presence of, Witnesses. ( Averill & a Seal. Silus & Mary Fitts (Titus) William Howlett. I & a Seal. Thomas Averill & a Seal.
Daniel Redington. / Preston, May the 30"' day 1724:
Then the above named Thomas Averill and Isaac Averill both personally appeared and freely acknowledged the above written instrument to be their own free act and deed.
Before me, John Browne. J* of ye Peace.
Bristoll sc. Norton, June 2'' 1724. Jonathan Bishop and Abigail, his wife, and Silus Titues & Mary Titus, his wife personally appeared and each of them acknowledged the above written instrument to be their voluntary act & deed.
Before me, Gaorge Leonard. Justice of Peace.
Essex sc. Att an Inferiour Court holden at Salem, June 30"' 1724. Daniel Reddington one of the witnesses to this instrument made oath that to the best of his remembrance he saw the parties to this instrument sign the same, but he cannot perfectly remember it and that he believes he signed as a Witness with William Howlett, but cannot possitively remember it but that the above is his handwriting as he verily believes, Examined, Sworne in Court, Attest, Stephen Sewall, Clerk.
Source: The Averell-Averill-Avery family:
A record of the descendants of William and Abigail Averell of Ipswich, Mass. ... (Google eBook), pages 79-97