Capt. John Averill

A Patriot of the American Revolution for VERMONT with the rank of CAPTAIN. DAR Ancestor # A003901

Source: The Averell-Averill-Avery family: A record of the descendants of William and Abigail Averell of Ipswich, Mass. ... (Google eBook) Press of Evangelical Publishing House, 1906

48. Capt. John4 Averell, (John*, William-, William'), who is mentioned in the preceding account of Westminster, Vt., was b. Apr. 24, 1711, at Topsfield, Mass., and being the eldest son of Sargt. John Averell he inherited a double share of his father's estate.

Although very young at the time, he was probably the one referred to in Essex Co. Registry of Deeds, July 3, 1724, and again in 1725. "He was a husbandman and lived in Topsfield until about 1740 (Essex Ant. Averill Gen.), when he is found in Groton, Mass. He was also for a short time in New Hampshire.

He was m. May 7, 1735, to Mary Phippen; and his sister Emma was m. in 1738 to Samuel Phippen. He was evidently a rover for a few years before his final settlement at Westminster, Vt. Many facts about him as a resident in Vermont are found in Hemingway's Vermont Historical Gazette. She says:

In the opening of 1751 John Averill and his wife and son Asa removed from Northfield, Mass., in canoes to Township No. 1. A court record in connection with an Essex Co., Mass., law suit contains at a much later date the testimony of this John Averell of Westminster, Vt., in which he states that he was formerly of Topsfield, Mass., and gives his age (this record has unfortunately been mislaid by the compiler; but other facts verify the assertion).

The History of Westminster, Vt., by Rev. F. J. Fairbanks and Rev. Alfred Stevins, repeats the previous statement about John's settlement at Westminster, and adds:

At which time (1751) there were but two houses in the place, one at the foot the other at the top of Willard's or Clapp's Hill. Mr. Averill moved into the one on the top of the hill, which had been occupied by four men, one woman, and two children. Mr. Fairbanks also gives the following items.

The first child born in Westminster was Anna Averill in the Autumn of 1751.

John Averill, the Willards, Pierces, Cummingses, Fletchers were among the first proprietors under the (later) New Hampshire Charter 9 Nov. 1752.

In 1753 (spring) Mr. Averill and family removed to Putney (Another account says 1755. Ed.) because of the Indians, and the (No. 1) settlement was for a time abandoned. 1760 Col. Josiah Willard Jun. obtained a renewal of the charter and called a meeting of the proprietors at the house of John Averill in Westminster, Feb. 4, 1761. A fort was built at the Great Meadow in 1755, and the inhabitants of it at that time were John Averill, Capt. Michael Gilson, Philip Alexander, John Perry and their households.

John Averill had at the time he came to Westminster (1751) three sons, Asa, John, and Oliver.

See preceding records for his association with the early history of the town.

Mr. Averill was a proprietor of Westminster under the New Hampshire grant 1752; he was on the "French" Jury 1755; and Captain of Militia 1776. He removed to Putney 1755 (?), and returned again after the war (Indian). The Averill family have been prominent in the history of the town, and many of the descendants are still living here, but the name is gone. The ancestors were a godly family, and such to a great extent have been their posterity. Mrs. Ephraim Smith, a great-granddau. of John Averill, who is now living here at the age of 77 (1885?) well remembers going to see her great-grandfather and great-grandmother when she was a little child.

John Avorll (Averell) was one of those who testified at the inquest over the body of William French, March 15, 1775.

On the 6th of Feb., 1776, Benjamin Carpenter, chairman of the Committee of Safety for Cumberland Co., communicated to the New York Provincial Congress a list of militia, with officers chosen in different towns; comprised within the lower Regiment. The nominations were confirmed on the first of March, 1776. From Westminster were:—Captain, John Averill; 1st Lieut., Jabez Perry; 2d Lieut., Azariah Wright; Ensign,

Crook [Vermont Gov. & Council]. June 11, 1776, Capt. John Averill with others was chosen on the Cumberland Co. Com. of Safety to Sept. 3, 1777.

Book B, p. 40, Westminster Reg. Deeds. I John Averil of Westminster Co. Windham, Vt. Gentleman for £184 paid me by Silas Briggs of Putney sell to him 80 acres of land in Westminster as the land was laid out under the Governor and Council of New Hampshire and is No. one in the fourth range of eighty acre lotts and Drawn to me the Original Proprietor of the same and recorded to me in the Proprietors Book of Records of Westminster. April 12, 1783. John Averill

Signed Sealed & her Delivered in the Mary x Averill Presents of Mark Benjamin Burt 
Samuel Averill

1795, Nov. 30, John Averall deeds land to his son John, Jr. (see No. 162).

Mr. Henry Clark Lane, one of the most honored and aged citizens of Westminster, Vt., guided the compiler through the town, Sept. 12, 1900. When in his home in the old parsonage of Rev. Mr. Sage, for fifty years the pastor of their old church, he said that he well remembered seeing that old minister pass down the aisle each Sunday, with his wife on his arm, and bow right and left to his congregation, which always stood as the venerable couple passed up, and also when they passed down, and until they were out of the aisle. Mr. Lane had lived in the Sage Parsonage since 1850, and had many tales to tell of its occupants. He added that Rev. Mr. and Mrs. Sage habitually opened their own home doors on Sundays to out-of-town people who staid for the second service, and they served them toddy which Mr. Sage prepared with his own hands and put into a veritable loving cup from which each one had a sip, Mrs. Sage always taking next to the last one and the minister the last one.

Another item was that Mr. Abraham Nutting brought his wife, Experience Averell (No. 363), and a granddau. of John, to the old Sage parsonage when she was practically a bride. That was about a hundred years ago. They had effected in some way an exchange of property with Mr. Sage.

One of the finest homes in the town was built and owned by Mr. Samuel Avery of the Groton Clan who was there in 1774 (?). This house was bought by Mr. Mark Richards and the Legislature sat there once.

Mr. Lane pointed out the site of John Averell's Inn at the foot of the hill, and also that of a later residence up the hill.

We walked through Main Street, the lower street of East Parish, which runs N. E. by S. W. along the middle of a long high and narrow ridge of land above the valley. The town is built mostly on this ridge; but extends beyond it. The houses are very good types of New England domestic architecture of the last part of the eighteenth and first of the nineteenth centuries. Its avenue of elms and maples, and its superb outlook over hills, valley, and river, make it a most attractive old time New England town. The main street is part of the old King's Highway from Brattleboro to Rockingham. The present road from the lower village to the upper one was sluiced out in this (20th) century in a very original way from the N. E. slope of the plateau in front of the old Court House site. A well kept old burying ground is at the N. E. of Main Street, and in it are many well preserved headstones of the old settlers and their descendants,—Averills, Harlows, Frenches, etc.

The death of John Averill occurred Sept. 2, 1797 (T. R.), and his will was probated the same month.

The death of "Mary Averill Relict of John Averill" occurred Sept. 18, 1809. [Also T. R.]

Will Of John Averall.

From P. Ct. R.; Bellows Falls Co., Vt., Vol. 1, p. 224. At a Court held at Putney, County Windham, Vt., Sept. 19, 1797, Noah Sabin, Esq., Judge; A letter of administration was granted to John Averill on the estate of (his father) John Averill, late of Westminster (Vt.) deceased. Will annexed. At the same time John Averill and Nathaniel Robinson, Esq. gave bond to the Judge of Probate or his successor or successors in Law Office in the sum of one thousand dollars for the faithful discharge of his trust as administrator; and it was ordered by the Court that the Administrator return an inventory in to the sd Court of Probate on or before the 20th of November next ensuing; and a warrant (was) issued to John Session, William Willard Esq. and Samuel Chapman to take an Inventory of sd estate, and the administrator was ordered by the Judge that he settle his account by the first of April next ensueing. November ye 16th 1797, Inventory returned. (Will) : In the Name of God, Amen. I John Averel of the Town of Westminster in the county of Windham and State of Vermont Gentleman, being not of Perfect health of body but of Perfect mind and memory Thanks be given to God therefor, calling to mind the mortality of my body and Knowing that it is appointed for all men once to die—Do make and ordain this my Last Will and Testament that is to say—Principally and first of all I give and recommend my Soul unto the hand of God who gave it and my body I recommend to the Earth to be buried in decent Christian burial at the discretion of my executors nothing doubting but at the general Resurection I shall receive the same again by the mighty power of God And as touching such worldly estate as it has pleased God to bless me with in this Life I give devise and dispose of the same in the following manner and form my just debts being first paid— First I give and bequeath to Mary my dearly beloved wife all my Household furniture during her natural life and after her decease to be Equally divided between my four Daughters now living and the children of my Daughter Mary Rockwood that is now deceased. My Daughters that are now living are Abiel the Wife of John Abby, Anna the Widow of Peter Lovejoy, Amy the Wife of Robert Rand and Olive the wife of William Martin.

Also I give to the children of my well beloved Daughter Mary as follows. To Aaron Forty shillings; Mary, Olive Issable and one other daughter whose name I do not know and to Nathaniel and William Twenty Shillings each To be paid them by my executors one year after my decease

Also I give to my beloved Son Asa Averall Twenty shillings to be paid him by my Executor in one year after my decease with what he has had heretofore and more lately by two Yoak of Oxen for which he paid me but part and for money he Rec'd or property he had from Mr. Field that belonged to me which shall be the whole of his part of my Estate. Also I give to my beloved son Thomas Averall Twenty shillings with the Lot of Land on which he now lives heretofore given him shall be his full part

Also I give to my beloved son Samuel Averall Twenty shillings with the Lot of Land I heretofore gave him shall be his full part of my Estate to be paid him by my executor in one year after my decease Also I give to my beloved Daughters Abiel Anna Amy and Olive before mentioned five pounds each to be paid five pounds to Abiel in one year after my decease and to Anna five pounds in two years after my Decease and to Amy five pounds in three years after my decease and to Olive five pounds in four years after my Decease by my executors Also I give and bequeath to my beloved son John Averall all my farming utensals as (or ox?) Cart and plows with their attire chains axis and haus Also my Riding Mare and all the Rest of my Stock of every kind that I die possessed of at my Decease.

Also I hereby Constitute make and ordain Nathaniel Robinson Esq' of said Westminster and my beloved Son John Averall Jun' the executors of this my Last Will and Testament And I do hereby utterly disallow revoke and disanull all and every other Wills Legasys Bequeaths and Execution by me in any way before named willed and bequeathed Ratefying this and no other to be my Last Will and Testament — In Witness whereof I have hereunto Set my hand and Seal this 30th day of November In the year of our Lord one Thousand seven hundred and ninety five

John Averall (seal)

Bellows Falls-Probate Windham Co. Vermont.

Court at Putney. Adm of estate of John Averill Late of Westminster Vt. deceased. (Continued)

Signed sealed published pronounced and declared by the said John Averall as his last Will and Testament in the Presence of us who in his presence and in the Presence of each other have hereunto subscribed our names the word Paid and the words The wife of Robert on the first page and the words To be paid him by my executors in one year after my 
decease, also the words Nathaniel Robinson Esq' of said Westminster, and 
Executors on the second page being first Interlined—the figure 30th being 
the date wrote on Erasure. 


(Signed) Samuel Avery, Benjamin Ranney 
Elisha Wright.

Be it known unto all men by these Presents that I John Averill of the Town of Westminster in the county of Windham and State of Vermont, Gentleman, Have made and Declared my last Will and Testament in Writing bairing date the 30th day of November one Thousand seven hundred and ninety five. I the said John Averill by this present Codicil Do ratify and confirm my said Last Will and Testament And do farther give and bequeath unto my well beloved Wife Mary All the Money I dye possessed of to be for her own use and at her own disposal after paying to each of my beloved daughters (viz. Abiel, Anna, Amy and Olive Twenty dollars each at my decease. And all the obligations for money I dye possessed of after it is collected by my Executors I give & bequeath to my eight children that are living (viz.) My sons Asa, Thomas, Samuel and John, and Daughters Abiel, Anna, Amy and Olive, and to the heirs of my Daughter Mary now deceased to be divided into nine eaquel parts.

And my will and meaning is that this Codicil be adjudged to be a part and parcel of my Last Will and Testament and that all things therein mentioned and containing be faithfully and truly performed, and as fully and as amply in every Respect as if the Same was so declared and set down in my Last Will and Testament.

Witness my hand this 13th day of February one thousand seven hundred and ninety seven. John Averall The words at my decease in the ninth line, and the word it in the tenth line being first Interlined. Samuel Avery )

j, , . i Witnesses Humphrey Avery \ Windham ss. District of Westminster, Sept. ye 19th A. D. 1797.

By Noah Sabin Esqr Judge of Probate of Wills, etc., for said District, the will herewith annexed being presented for probate by Nathaniel Roberson Esq" & John Averill Executors therein named, (by) Benjamin Ranny & Elisha Wright two of the witness therein mentioned personally appeared and made solemn oath that they saw John Averill the Testator sign and seal and heard him publish pronounce and Declare the will herein annexed to be his Last will and Testament, and that when he so did he was of a sound disposing mind & memory according to their best desernment and that they with Samuel Avery set their names as witnesses at the same time in the presence of each other and of the Testator.

Sworn before me Noah Sabin Judge of Probate.

I therefore approve of the said will and allow the same to be proved. Attest: Noah Sabin, Judge

At a Court of Probate holden at Putney in the District of Westminster in ye 8th day of February AD 1798 Present Noah Sabin Esq. Judge. John Averall Administrator of the estate of John Averall Late of Westminster Deceased Represented that the time for settling said estate is Insufficient it is therefore ordered by the Judge that the time for settling said estate be farther lengthened to the first Day of September next ensuing by order of the Judge. Noah Sabin, Ju' Clerk. At a court of Probate Holden at Putney in the District of Westminster on the 23d Day of February AD 1799

Present Noah Sabin Esq. Judge 
of said Court

John Averil Administrator on the estate on Capt. John Averil Late of Westminster Dec'd in account with sd Judge.

Am't of the Inventory being $396.30 and prays to be allowed the following items To Legasis & Debs as appear by Receipt the sum of 90.00 Likewise prays to be allowed for Debts Due to the Estate not likely to be Recovered the sum of 256.00 To cost in the Probate Court 6.00 Allowed the administrator for his trouble 10.00 $362.00 Remaining in the hands of the administrator the 34.30 sum of thirty four Dollars and thirty cents and 396.30 also the sum of 256 Dollars as above mentioned in Bad Debts if any part should be Recovered to be Divided accordingto the will of the Deceased 396.30 The above account Allowed 362.00 By order of the Judge 34.30 Noah Sabin Ju'—, Clerk.

The children of John and Mary (Phippen) Averill were:

157. i. MARY*, bap. Mar. 14, 1736, at Topsfield, by Rev. John Emerson; m. Rockwood.

158. ii. Abial ("abiel")", bap. Nov. 26, 1738, at Topsfield, by Rev. John Emerson; m. John Abbe, or Abby.

159. iii. Asa", b. abt. 1739, prob. at Groton or Northfield, Mass.; m. (1) Anna Chaffee; m. (2) Mercy Lovejoy.

160. iv. Thomas", b. abt. 1745; m. Elizabeth Robinson.

161. v. Samuel", b. 17—; m. Mollie Barnes.

162. vi. JOHN", b. abt. 1748; m. Olive Estabrook.

163. vii. ANNA", b. Autumn of 1751 ("the first child b. at Westmin ster, Vt.") ; m. Peter Lovejoy.

164. viii. AMY", b. abt. 1778; m. Robert Rand.

165. ix. Olive", b. 17—; m. William Martain

Source: History of Westminster, 1791-1981 by M. Elizabeth Minard, 1941, 1983. Published by the Town of Westminster Westminster was the first township granted in the State of Vermont after Vermont was admitted to the Union on Mrch 4, 1791. Designated "Township No. 1" Prior to that, Westminster was chartered from the government of New Hampshire on November 9, 1752, as the third chartered after Bennington and Halifax. The original records of the charter were discovered in 1848 at Keene, NH by the Windham County sheriff, Timothy H. Hall. The original volume was subsequently presented to the people of Westminster by the judges of the Cheshire County Court and now resides in the town clerk's office. The tract was six miles square and granted to petitioners from Taunton, MA by the Great and General Court of Massachusetts, Nov. 24, 1735. Sixty three house lots were to be set out of not more than 50 acres nor less than 10 acres. A committee of six was selected for determining the lots, a road, meeting place/house, burying ground, training field and mills. The lots were assigned Sept. 26, 1737. Funds were raised to encourage the petitioners to go to Westminster, build houses and break up the land for farming. Rivchard Ellis was the first to do so in 1739. On March 5, 1740, the northern boundary of Massachusetts was fixed, excluding Township No. 1 from the province. The proprietors met to send Joseph Eddy as agent to the Massachusetts General Court to explain the labor and costs expended in settling the grant, and the bonds given to the court, asking for directions in securing their rights from New Hampshire. The settlement was most likely abandoned during the ensuing Cape Breton War. In 1751, John Averill with his wife and son Asa, removed from Northfield, MA to No. 1, at which time there were but two houses in the place; one on the top and the other at the foot of Willard's or Clapp's hill at the southern extremity of the 10 rods highway (King's Highway). Mr. Averill moved into the one at the top of the hill, which had been occupied by four men, one woman and two children. The men were William Goold, his son, John, Amos Carpenter, and Atherton Chaffee. Two of these, Goold and Carpenter, removed their families from Northfiled to No. 1 during the summer of the same year. The first child born in Westminster was Anna Averill, in the autumn of 1751. On the 9th of Nov., 1752, township No. 1 was re-chartered by Gov. Benning WEntworth of New Hampshire, and its name changed to Westminster. During the latter part of the summer of 1753 the Indians began their incursions on several settlements in New Hampshire. This alarmed the inhabitants of Westminster, who were few in number and poorly protected, and they removed to Walpole where they remained until October, and then returned. In the spring, Mr. Averill and family removed to Putney, and the settlement was for a time abandoned. On the 11th of June, 1760, Col. Josiah Willard, jun., obtained a renewal of the charter of Westminster and called a meeting of the proprietors, which was held Feb. 4, 1761, at the house of John Averill, in Westminster, of which Benjamin Bellows of Walpole was the moderator. Measures were taken for an allotment of the lands and preparations made for a permanent settlement. During the next few years, the area had some prosperity, attracting some 50 families by 1766. By the census of 1771, ordered by the Governor of New York, it was the most populous town in thi part of the province, the whole number of residents being 478. In 1764, a dispute arose, settle by the KIng, that made Westminster and lands west of the Connecticut River part of the State of New York. On the 26th of March, 1772, a new charter was issued by the Governor of New York to certain grantees.

1751 - Came to Westminster from Northfield in canoes in the spring, occupied the house at the end of the street known as the Averill Place. 1755 - Moved with family to Walpole, MA for protection during the French and Indian War. In February, moved to Topsfield, MA. [Mclean4.FTW]

[Br%C3%B8derbund WFT Vol. 3, Ed. 1, Tree #1036, Date of Import: Nov 22, 1999]

SOURCES: Avery, pp. 183-303. THE STATE OF VERMONT, ROLLS OF THE SOLDIERS IN THE REVOLUTIONARY WAR, 1775 TO 1783, John E. Goodrich, Rutland, VT, 1904, pp., 75, 76, 266, 822, 835. d/c HISTORY OF WESTMINSTER, VT, Elizabeth Minard, Pub., The Town of Westminster, 1941, p.4.

Listed as a proprietor of Westminster, VT in 1752, Westminster, VT Website - 5/2003

Capt. Michael Gilson ( a bachelor) lived with them Deacon Samuel Minot married John and Sally. BET 1740 AND 1751 Was a husbandman, lived in Topsfield until 1740, moved to Groton, to Northfield, to Westminster.

48. Capt. John^ Averell, {John\ William-, William^), who is mentioned in the preceding account of Westminster, Vt., was b. Apr. 24, 1711, at Topsfield, Mass., and being the eldest son of Sargt. John Averell he inherited a double share of his father's estate.

Although very young at the time, he was probably the one referred to in Essex Co. Registry of Deeds, July 3, 1724, and again in 1725.

"He was a husbandman and lived in Topsfield until about 1740 (Essex Ant. Averill Gen.), when he is found in Groton, Mass. He was also for a short time in New Hampshire.

He was m. May 7, 1735, to Mary Phippen ; and his sister Emma was m. in 1738 to Samuel Phippen. He was evidently a rower for a few years before his final settlement at Westmin- ster, Vt. Many facts about him as a resident in Vermont are found in Hemingway's Vermont Historical Gazette. She says :

In the opening of 1751 John Averill and his wife and son Asa removed from Northfield, Mass., in canoes to Township No. 1.

A court record in connection with an Essex Co., Mass., law suit contains at a much later date the testimony of this John Averell of Westminster, Vt., in which he states that he was formerly of Topsfield, Mass., and gives his age (this record has unfortunately been mislaid by the compiler; but other facts verify the assertion).

The History of Westminster, Vt., by Rev. F. J. Fairbanks and Rev. Alfred Stevins, repeats the previous statement about John's settlement at Westminster, and adds :

At which time (1751) there were but two houses in the place, one at the foot the other at the top of Willard's or Clapp's Hill. Mr. Averill moved into the one on the top of the hill, which had been occupied by four men, one woman, and two children. Mr. Fairbanks also gives the following items.

The first child born in Westminster was Anna Averill in the Autumn of 1751.

John Averill, the Willards, Pierces, Cummingses, Fletchers were among the first proprietors under the (later) New Hampshire Charter 9 Nov. 1752.

In 1753 (spring) Mr. Averill and family removed to Putney (Another account says 1755. Ed.) because of the Indians, and the (No. 1) settlement was for a time abandoned. 1760 Col. Josiah Willard Jun. obtained a re- newal of the charter and called a meeting of the proprietors at the house of John Averill in Westminster, Feb. 4, 1761.

A fort was built at the Great Meadow in 1755, and the inhabitants of it at that time were John Averill, Capt. Michael Gilson, Philip Alexander, John Perry and their households.

John Averill had at the time he came to Westminster (1751) three sons, Asa, John, and Oliver.

See preceding records for his association with the early history of the town.

Mr. Averill was a proprietor of Westminster under the New Hampshire grant 1752; he was on the "French" Jury 1755; and Captain of Militia 1776. He removed to Putney 1755 (?), and returned again after the war (Indian). The Averill family have been prominent in the history of the town, and many of the descendants are still living here, but the name is gone. The ancestors were a godly family, and such to a great extent have been their posterity. Mrs. Ephraim Smith, a great-granddau. of John Averill, who is now living here at the age of 77 (1885?) well remembers going to see her great-grandfather and great-grandmother when she was a little child.

John Avorll (Averell) was one of those who testified at the inquest over the body of William French, March 15, 1775.

On the 6th of Feb., 1776, Benjamin Carpenter, chairman of the Committee of Safety for Cumberland Co., communicated to the New York Provincial Congress a list of militia, with offi- cers chosen in different towns; comprised within the lower Regiment. The nominations were confirmed on the first of March, 1776. From Westminster were: — Captain, John Aver- ill ; 1st Lieut., Jabez Perry ; 2d Lieut., Azariah Wright ; Ensign,

Crook [Vermont Gov. & Council]. June 11, 1776,

Capt. John Averill with others was chosen on the Cumberland Co. Com. of Safety to Sept. 3, 1777. ... Mr. Lane pointed out the site of John Averell's Inn at the foot of the hill, and also that of a later residence up the hill.

We walked through Main Street, the lower street of East Parish, which runs N. E. by S. W. along the middle of a long high and narrow ridge of land above the valley. The town is built mostly on this ridge ; but extends beyond it. The houses are very good types of New England domestic architecture of the last part of the eighteenth and first of the nineteenth centuries. Its avenue of elms and maples, and its superb outlook over hills, valley, and river, make it a most attractive old time New Eng- land town. The main street is part of the old King's Highway from Brattleboro to Rockingham. The present road from the lower village to the upper one was sluiced out in this (20th) century in a very original way from the N. E. slope of the plateau in front of the old Court House site. A well kept old burying ground is at the N. E. of Main Street, and in it are many well preserved headstones of the old settlers and their descendants, — Averills, Harlows, Frenches, etc.

The death of John Averill occurred Sept. 2, 1797 {T. R.), and his will was probated the same month.

The death of "Mary Averill Relict of John Averill" oc- curred Sept. 18, 1809. [Also T. R.]

Will of John Averall.

From P. Ct. R.; Bellows Falls Co., Vt., Vol. 1, p. 224. At a Court held at Putney, County Windham, Vt., Sept. 19, 1797, Noah Sabin, Esq., Judge; A letter of administration was granted to John Averill on the estate of (his father) John Averill, late of Westminster (Vt.) deceased. Will annexed. At the same time John Averill and Nathaniel Robinson, Esq. gave bond to the Judge of Probate or his successor or successors in Law Office in the sum of one thousand dollars for the faithful discharge of his trust as administrator; and it was ordered by the Court that the Administrator return an inventory in to the sd Court of Probate on or before the 20th of November next ensuing; and a warrant (was) issued to John Session, William Willard Esq. and Samuel Chapman to take an Inventory of sd estate, and the administrator was ordered by the Judge that he settle his account by the first of April next ensueing. November ye 16th 1797, Inventory returned. (Will) :

In the Name of God, Amen. I John Averel of the Town of West- minster in the county of Windham and State of Vermont Gentleman, being not of Perfect health of body but of Perfect mind and memory Thanks be given to God therefor, calling to mind the mortality of my body and Know- ing that it is appointed for all men once to die — Do make and ordain this my Last Will and Testament that is to say — Principally and first of all I give and recommend my Soul unto the hand of God who gave it and my body I recommend to the Earth to be buried in decent Christian bui'ial at the discretion of my executors nothing doubting but at the general Resur- ection I shall receive the same again by the mighty power of God And as touching such worldly estate as it has pleased God to bless me with in this Life I give devise and dispose of the same in the following manner and form my just debts being first paid —

First I give and bequeath to Mary my dearly beloved wife all my Household furniture during her natural life and after her decease to be Equally divided between my four Daughters now living and the children of my Daughter Mary Rockwood that is now deceased. My Daughters that are now living are Abiel the Wife of John Abby, Anna the Widow of Peter Lovejoy, Amy the Wife of Robert Rand and Olive the wife of William Martin.

Also I give to the children of my well beloved Daughter Mary as fol- lows. To Aaron Forty shillings; Mary, Olive Issable and one other daugh- ter whose name I do not know and to Nathaniel and William Twenty Shillings each To be paid them by my executors one year after my decease

Also I give to my beloved Son Asa Averall Twenty shillings to be paid him by my Executor in one year after my decease with what he has had heretofore and more lately by two Yoak of Oxen for which he paid me but part and for money he Rec'd or property he had from Mr. Field that be- longed to me which shall be the whole of his part of my Estate.

Also I give to my beloved son Thomas Averall Twenty shillings with the Lot of Land on which he now lives heretofore given him shall be his full part

Also I give to my beloved son Samuel Averall Twenty shillings with the Lot of Land I heretofore gave him shall be his full part of my Estate to be paid him by my executor in one year after my decease

Also I give to my beloved Daughters Abiel Anna Amy and Olive before mentioned five pounds each to be paid five pounds to Abiel in one year after my decease and to Anna five pounds in two years after my Decease and to Amy five pounds in three years after my decease and to Olive five pounds in four years after my Decease by my executors

Also I give and bequeath to my beloved son John Averall all my farm- ing utensals as (or ox?) Cart and plows with their attire chains axis and haus Also my Riding Mare and all the Rest of my Stock of every kind that I die possessed of at my Decease.

Also I hereby Constitute make and ordain Nathaniel Robinson Esq"" of said Westminster and my beloved Son John Averall Jun"" the executors of this my Last Will and Testament And I do hereby utterly disallow re- voke and disanull all and every other Wills Legasys Bequeaths and Execu- tion by me in any way before named willed and bequeathed Ratefying this and no other to be my Last Will and Testament - — In Witness whereof I have hereunto Set my hand and Seal this 30th day of November In the year of our Lord one Thousand seven hundred and ninety five

John Averall (seal)

Bellows Falls-Probate Windham Co. Vermont.

Court at Putney. Adm of estate of John Averill Late of Westminster Vt. deceased. (Continued)

Signed sealed published pronounced and declared by the said John Averall as his last Will and Testament in the Presence of us who in his presence and in the Presence of each other have hereunto subscribed our

names the word Paid and the words The wife of Robert on the first

page and the words To be paid him by my executors in one year after my decease, also the words Nathaniel Robinson Esq" of said Westminster, and Executors on the second page being first Interlined — the figure 30th being the date wrote on Erasure. (Signed) Samuel Avery,

Benjamin Ranney Elisha Wright.

Be it known unto all men by these Presents that I John Averill of the Town of Westminster in the county of Windham and State of Vermont, Gentleman, Have made and Declared my last Will and Testament in Writ- ing hairing date the 30th day of November one Thousand seven hundred and ninety five. I the said John Averill by this present Codicil Do ratify and confirm my said Last Will and Testament And do farther give and be- queath untc my well beloved Wife Mary All the Money I dye possessed of to be for her own use and at her own disposal after paying to each of my beloved daughters (viz. Abiel, Anna, Amy and Olive Twenty dollars each at my decease. And all the obligations for money I dye possessed of after it is collected by my Executors I give & bequeath to my eight children that are living (viz.) My sons Asa, Thomas, Samuel and John, and Daughters Abiel, Anna, Amy and Olive, and to the heirs of my Daughter Mary now deceased to be divided into nine eaquel parts.

And my will and meaning is that this Codicil be adjudged to be a part and parcel of my Last Will and Testament and that all things therein men- tioned and containing be faithfully and truly performed, and as fully and as am.ply in every Respect as if the Same was so declared and set down in my Last Will and Testament.

Witness my hand this 13th day of February one thousand seven hundred and ninety seven. John Averall The words at my decease in the ninth line, and the word it in the tenth line being first Interlined.

Samuel Avery ]

Humphrey Avery { Witnesses Windham ss. District of Westminster, Sept. ye 19th A. D. 1797.

By Noah Sabin Esqr Judge of Probate of Wills, etc., for said District, the will herewith annexed being presented for probate by Nathaniel Rober- son Esq"' & John Averill Executors therein named, (by) Benjamin Ranny & Elisha Wright two of the witness therein mentioned personally appeared and made solemn oath that they saw John Averill the Testator sign and seal and heard him publish pronounce and Declare the will herein annexed to be his Last will and Testament, and that when he so did he was of a sound disposing mind & memory according to their best desernment and that they with Samuel Avery set their names as witnesses at the same time in the presence of each other and of the Testator.

Sworn before me Noah Sabin Judge of Probate.

I therefore approve of the said will and allow the same to be proved. Attest: Noah Sabin, Judge

At a Court of Probate holden at Putney in the District of Westminster in ye 8th day of February AD 1798 Present Noah Sabin Esq. Judge.

John Averall Administrator of the estate of John Averall Late of Westminster Deceased Represented that the time for settling said estate is Insufficient it is therefore ordered by the Judge that the time for settling said estate be farther lengthened to the first Day of September next ensuing by order of the Judge. Noah Sabin, Ju Clerk.

At a court of Probate Holden at Putney in the District of Westminster on the 23d Day of February AD 1799

Present Noah Sabin Esq. Judge of said Court

JoHn Averil Administrator on the estate on Capt. John Averil Late of Westminster Dec'd in account with sd Judge.

Am't of the Inventory being $396.30 and prays to be allowed the following items To Legasis & Debs as appear by Receipt the sum of 90.00 Likewise prays to be allowed for Debts Due to the Estate not likely to be Recovered the sum of 256.00 To cost in the Probate Court 6.00 Allowed the administrator for his trouble 10.00 $362.00 Remaining in the hands of the administrator the 34.30 sum of thirty four Dollars and thirty cents and 396.30 also the sum of 256 Dollars as above mentioned in Bad Debts if any part should be Recovered to be Divided iccording to the will of the Deceased 396.30

The above account Allowed 362.00 By order of the Judge 34.30 Noah Sabin Ju' — , Clerk.

The children of John and Mary (Phippen) Averill were:

157. i. Mary"', bap. Mar. 14, 1736, at Topsfield, by Rev. John

Emerson; m. Rockwood.

158. ii. Abial ("Abiel")% bap. Nov. 26, 1738, at Topsfield, by Rev.

John Emerson; m. John Abbe, or Abby.

159. iii. AsA°, b. abt. 1739, prob. at Groton or Northfield, Mass.; m.

(1) Anna Chaffee; m. (2) Mercy Lovejoy. Thomas', b. abt. 1745; m. Elizabeth Robinson. Samueu', b. 17 — ; m. Mollie Barnes. John, b. abt. 1748; m. Olive Estabrook. Anna", b. Autumn of 1751 ("the first child b. at Westmin- ster, Vt.") ; m. Peter Lovejoy. viii. Amy", b. abt. 1778; m. Robert Rand. Olive", b. 17 — ; m. William Martain.

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