William Averill, Jr.
|Also Known As:||"Avery", "Averells"|
|Birthplace:||Chipping Norton, Oxfordshire, England|
|Death:||Died in Topsfield, Essex County, Province of Massachusetts|
Son of William Averill Sr.; William Averell and Abigail Averill
|Managed by:||Private User|
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About William Averill, Jr.
THE SECOND GENERATION. IPSWICH—TOPSFIELD.
2. William2 Averell, called also Averill and Avery (William'), b. probably in England, about 1632, at a place and date still unknown, lived with his parents at Ipswich, Mass. His name appears first in Ipswich Court Records and Files; 31:3:1649, as "Will Avery, jr." He and his brother "Thomas Avery" on this occasion were brought before the court for defect in watching [see p. 53; also Essex Ant., July, 1904; vol. viii]. We conclude from this item, and others, that William* was about seventeen years of age at this time. As "William Avery jr.," he was also a witness, 10:8 mo:1650, in the case of Theophilus Salter of Ipswich, who was presented before the court for lying [Ipswich Ct. R. and Files]. Thomas Bishop was the other witness. Said Salter had also encouraged other youths "to steal apples" (!). As William Averell he witnesses a deed by John Wooddam to Daniel Roffe Feb. 21, 1653; this was after the death of his father and before the death of his mother [Ipswich Ct. R.: vol. 1; p. 134; latest copy of Records, vol. 1; p. 383]; also, again, as William Averell, he witnesses a deed by Daniel Roffe to Joseph Jowett, Feb. 21, 1653 [id: vol. 1, p. 135]. There is no question about the spelling of his surname, both of the signatures as given above having been certified to July 15, 1912, by Willard J. Hale, Register for the Southern District of Essex County, Mass.
After the death of his father William Averell (before June 3, 1653), William- appears to be the head of his family; for at a Court held at Ipswich the 27  55—i. e., March 27th, 1655, William Auerill took his oath in Court that the inventory of the estate of Abigail Averell, that is, of his mother's estate, which was presented at that time, was a true inventory to his best knowledge [See Inv., pp. 70-72].
Essex Co. Ct. R., vol" i-iv, p. 336, mention William Averell, Ipswich, as dep. 1658; and again, p. 369=, William Averill, Ipswich, as Wit., 1658. "He sold Oct. 4, 1658, to John Woodam a six acre lot of land; he possessed a lot of land Aug. 30, 1655, 'the corner of which came near the Mill dam'" [Hammatt Papers, 1854]. That the two lots of land mentioned above may have been the same, was suggested in E. O. Jameson's MS, Averilh in America.
From the Town Proceedings of Ipswich, vol. i, we learn that he was appointed to a public office of that town: At the General Town Meeting held the 18. February 1661: The Selectmen chosen for the year ensuing and other officers; Mr. Samuell Symonds, Mr John Appleton, Georg Gidding, Deacon Pengry, Mr Chute, Thomas Bishop, Robert Lord [these were the so called 'seven men']; Surveighors of Highways Thomas Harte, Reneld Foster, John Andrews, William Averill. On July 31, 1661, William Averill and Hannah Jackson were married at Ipswich. Mass. This record is found in Essex Co. Records, Ipswich Marriages, and in the Ipswich Town Records: and it also appears at a later date (copied?) in those of Topsfield.
The parentage of Hannah Jackson has not yet been proved; but it is probable that she was the daughter of John Jackson who was a neighbor of William* Averell and his father. For we find that Katheryne Jackson who was appointed admrx of the estate of her late husband, John Jackson, 26:7:1648 [Ipswich Ct. Rs. and Files], was to pay to her son John Jackson £14, at the age of twenty-one, and to the five daughters £6 apiece at the age of twenty years, or at marriage. The names and ages of these daughters have not been learned, but the close association of the two families make it probable that our Hannah was one of them. That she was a woman of good mental powers and nobility of spirit, and a strong influence for good in her family is proved by the noted mutual agreement between herself and her children, which held the family closely together for more than thirty-five years after their father's death [See p. 89],
Their first child, the third William Averell in direct line, was b. at Ipswich, May 1, 1662. Not many months after, William* and his wife must have begun to think of improving their worldly condition by a change of residence; for we find that in 1663 he purchased "a messuage" (i. e., a dwelling house with adjacent buildings, and lands for the use of the household), at Topsfield, an adjoining town in Massachusetts, to which they removed later.
But the Averells had left their mark in old Ipswich in their name, which, until this day, clings to certain localities called both "Averill's Hill" and "Avery's Hill"; and "Averill's Birches" and "Avery's Birches";—places so well known that they are mentioned daily by citizens of that old town, and by descendants of William1 Averell who still live there, one of whom, Lydia Manning5 Averill (No. 2332) is the wife of Mr. Charles W. Bamford, who has been Town Clerk of Ipswich for very many years—1887 to 1910 or longer.
Averill's Hill is first mentioned in the Town Records, April 10, 1665, as given to Corp. Andrews, and Nov. 19, 1666, Andrews' House on Averill's Hill is mentioned, and upon the plea of John Andrews he was given right of comonage for the future; also "Jan. 30. 1673: There being no lot to Corp" John Andrews for his devission for his house at Averill's Hill, The Selectmen allowed him to have three acres next to Sargent Burnam, at the head of the Great Pasture."
This association of localities with the Averells of Ipswich has continued for nearly 250 years, but whether it dates from the first William, or only from his son William2, is not known.
We find by the Town Records that on "Oct. 18, 1648 part of Ipswich, called the Village at the New Meadows, was named Toppesfield"; and by a comparison of Ipswich and Topsfield records, that a number of the early Ipswich families were the original settlers of Topsfield. There were some circumstances which may have strongly influenced William and Hannah Averell to settle in Topsfield. First, John Wildes, one of the earliest settlers of that town, had married in 1663 for his second wife, Sarah Averell, a sister of William*; secondly, Francis Peabody [b. 1614] who was originally from St. Albans, Hertfordshire, Eng., and who appears as a settler at Ipswich in 1636, had married Mary Foster, dau. of Reginald Foster, an old friend, neighbor, and associate of William1 Averell, as well as of William* [It is said that Reginald Foster or Forster's family is honorably mentioned in Scott's "Lay of the Last Minstrel" and "Marmion." See the Peabody Genealogy.'] As Topsfield had been a part of Ipswich in William*'s day, and as he had had influence as surveyor of the highways leading to it, and as several of his old neighbors were already established there, it does not surprise us to find that in Feb., 1663, he bought of Daniel and Mary Clarke of Topsfield one hundred acres of land in that town. The record is found among the deeds in Essex Co. Registry; vol. 9, Clarke to Averell entered June 8th 1694. February the Annoq- Domini 1663
Know all men by these p-sents that I Daniel Clarke of Topsfield in New England in ye County of Essex planter for good & valuable Considerations me thereunto Especialy moveing Haue & by these presents doe Bargaine Sell Alienate En feoffe & Confirme unto William Averell of Ipswich in ye County afores" Carp' his heirs & assignes All that Messuage & Tenement alias my houselott together with my dwelling house & all all other Out houses & Edifices thereunto belonging or appertaining Also the Orchard thereunto adjoining & all ye other lands to the aforesaid Tenement belonging to it both Arable Meadow and pasture ground with all ye fences Woods & underwoods Standing or Growing in & uppon ye said land or any part or par cell thereof All which Messuage Tenement & lands as aforesd w'" ye Appurtenances Conteyning by Estimation one hundred acres more or less. Together w"' ye Comonage thereunto belonging on the No Side of ye River, And ye Comonage of five hundred acres on ye South side of ye River an Scituate lying & being in Topsfield aforesd. The lands aforesd and every part thereof are bounded in manner and form following that is to Say on ye North East Side by a Brooke comonly called Mile brooke which brooke parts Goodman Euans land & this land now mentioned & soe with a line from ye Brooke to Mr Perkins his land And from thence bounded by ye Comon up to William Smithes Corner line on ye north west, and south west and On ye South Side bounded by ye land of William Smith & Robert Andrews and Like wise again by William Smithes land with Mark + trees on ye East Side To Haue & To Hold ye before Said Messuage and Tenement with all and Singular ye premises priueledges and Appurtenances thereunto belonging unto ye Said William Averell his hiers and assignes for euer. To ye only proper use and behoofe of him ye said William his hiers Executors Administrators & Assignes for Evermore Moreouer the aforesd Daniel for himselfe his hiers & assignes by these p-sents doth Couenant promise & grant to & with ye said William Averell his hiers & assignes to warrant & defend for Euer hereafter ye right title & Intrest that ye Said William shall or may have in ye aforesd lands & premises with ye Appurtenances & all ye freedomes & privi ledges there unto belonging or appertayning against all persons whatsoeuer Clayming or Challenging any right title or interest therein or in any part or parcell thereof And furthermore ye said Daniel by these pr-sts doth Couenant promise & grant to and with ye Sd William his hiers & assigns that from henceforth for Euer hereafter the Said William his hiers & assignes shall & may freely & absolutely quietly and peaceably occupy possess & enjoy all & singular ye premises with ye appurtenances without any interrupcon let Molestation Ejection Evicon or Contradicon of him ye said Daniel his hiers or assignes or of any other person or persons in his name doe by or under him Clayming any right title or Intrest in or to ye premises with ye appurtenances or any part thereof In Witness where of ye Said Daniel hath to these p-sents interchangeably Sett his hand & Seale The Day & yeare aboue sd 1663.
Seale & Deliuered in ye Daniel Clarke & a Seale hls Mary Clarke & a Seale p-sence of William W Evans marke marke Sus(?) Wiles of
Daniel Clarke acknowledged this writing to be his act & deed before me Daniel Denison March ll'h 1663 Examined p. Steph: Sewall Regr.
The precise date of the removal of William* and his family to Topsfield has not been ascertained. Topsfield records were kept for many years by "ffrancies pabody," the Town Clerk, and are very illegible. But to one familiar with early writing, and interested in the early history of Topsfield, those records would prove very entertaining. Fortunately the honored historian of Topsfield, Mr. George Francis Dow, has deciphered the writing and has published an interesting copy of the early records in the Historical Collections of Topsfield, a magazine which he edits.
Among the following items relative to William* Averell are many copied by permission from those published records.
[T. H. C, Vol. 2.] At a lawfull Towne meeting the 7 March 1664: It was decided that the common land was to be divided by John Wiles and Willi Auerell (and others) into three equall proportions; Among the names of those rated that year appear those of thomas aueril and thomas Hobbes on mr bro dstreets land, 01, 14, 02; and John Wiles on mr brodstreets land 01, 12, 10; 19 mch 1666-7 a 'hie way' ordered 'between William Aueriell house and the Mill threw his ground as they shall see most Convenyant.' (This, the Peabody mill, was built on what was then called Pye Brook, running from Lowe's Pond in Boxford and also from Baker's (afterwards Pritchard's), but what is now called Hood's Pond in Topsfield. T. H. C. Vol. 1.)
Topsfield, Mass., Soldiers [Putnam's Monthly His. Mag., vol. 4]: The Inhabitants & soldiery of Topsfield and the villiges adjoining thereto according to an order from Major Denninson met together the 21 of the 4 mo. 1666 and chose officers as follows
John Redington of Topsfield, head officer in commanding or leading the company, Joseph Bigsbey, Senior, Sergeant, Abraham Redington, senior (Redington Sr) of the village, Clerk of the bands, Edmond Town, John Comins, Wm Smith, corporals.
Request to Court for confirmation signed by Dan. Hovey and Wm Avril in the name of the rest.
Request allowed. [Essex Co. Ct. Files. Vol. ii.]
[T. H. C, vol II]. 8 Apriel 1667 William Aueriell and Daniell Borman (allowed) to make a dame at the mile brooke to float their medow; 1668 we find John Wills & ffraincies peabody are still laying out land for the town; and the hie way and house of Wm Aueriell is mentioned; March 11, 1669, lots were cast for land—among others ye 9 to John Wilds;—John Wilds again received 30 lots. In those shares no Averell is mentioned; Jan. 3d 1670 a Highway was laid out from the Vpper End of William Aueriell orchard one rod an a halfe wide.
Essex Co. Ct. R., vol. 15, contains the following: William Averell of Topsfield late Constable; dep. his annual address to the Court about the 14th of the 9th mo. last, 1670. [The office of constable was very important at that period, and a much higher honor than now.]
[T. H. C, Vol. 2] 20:7:1675. Wm Auiril is Chosen to sarue on the Jurie of trials at Ipswich Corte next Insuing. It is evident that on many occasions William" fearlessly expressed his contrari desent. March 14 1678-9 william averis land again mentioned; Mar. 2, 1679-80 William auerel Enteres his Contrari desent to action of the other selectmen; 7th of march 1681-2 William Auerey enters his desent to ye Voat aboue wrighteen about ye pulpit; In 1681 in rates for the minister william auerell stands No. 18 in the list for 01 00 06. 21 Noumber 1682 The Towne has Lefte it to ye selectmen adding Will: Auerey & Isacke Estey & John Wilds to ye selectmen for ye seateing of pepall in our meeting house. Voated. A little later William Auerey is chosen a tieingman, and March 13, 1683 William Auerey's ffaimele is mentioned and on September 1677, the family of willyem Averell (This is out of order.) In March 1683-84 William Auerey Sener again enters his Contrey desent and the same month William Auery Senr is Chosen to sarue one the Jeuerey of trialls the next County Court to beholden at Ipswich. [Id. Vol. 3.] William Aueriell senr is chosen Commisenor for the Towne of Topsfield: later, William Averell Senr. is Choen a Commitie to treat with Rowley Villeagers: Again he Enters his Contrey desents to ye Voate; and is Chosen a Commitey to treat with Rowley Viligers. On May 21, 1688, he is chosen a Selectman.
Mr. Dow in his revised edition of the Averill Genealogy (see p. 143 under Isaac, No. 21) gives us the following description of the site of William Averill's house:
A depression marking the former location of the cellar of his house may yet be seen on the left hand side of the road leading from "Springvale" towards "Mile Brook bridge," just beyond the Wildes-Perley house. This road was laid out from William Averill's home to what is now "Springvale," on May 19, 1666. Many of his descendants settled near him; and in after years an Averill neighborhood known as "The Colleges" from the fact, as the story goes, that the Averills at that time were some of the most intelligent people in the town, being prominent in town affairs and holding public offices. They were cabinet makers. The view we.give of William Averill's homestead site is looking on the ridge which lay between his house and the barn, the latter being on the north side of the ridge.
On April 23, 1691, is recorded the death of William- Averell at Topsfield. This occurred fortunately for him, a year before his sister, Mrs. Sarah (Averell) Wildes, was accused of witchcraft and executed with Rebecca Nourse and others [see under Sarah, No. 4]. Unfortunately for the compiler of this genealogy, the record of William's death does not mention his age, so that we are left without a record of the year of his birth. His will, witnessed by his sister, Sarah Wildes, and her husband, reveals a fine spirit of consideration of which his descendants may be proud. The Inventory of his estate is found in Essex Co. Probate Records, Vol. 303, p. 54:
The Inuontary // of ye estate // off Item William Auerell sen" of Topsfeild who deceased y 23' 1 day of Aprill 1691 Item Bookes Item Wearing cloaths Item armes & amonition Item pewter coper brass Iron & tinn Item beds & beding Linning & wooling cloath Item tables chests boxes & other Lumber Item Carpenders tooles Joiners tooles & l|other|| tools Item Impliments of Husbandrie Item y" buldings 02 - 04 - 00 04-11-00 03 - 00 - 04 07-15-00 57 - 16 - 00 16-12-00 08 - 04 - 09 10 - 19 - 06 150 - 00 - 00 Item y° whomsteed Land & medow 160 - 00 - 00 Item Land at Ipswich 100-00-00 Item stock as neat Catle sheep & Swine 068 - 01 - 08 lb s d dat y- 16, Aprill 1691 589 - 04 - 03 prizers Samuel Howlett Daniel Redington
Ha"ah widdow Relict & Executrix of her dec" Husband wm Averell prsented y" above as a trve inventory to y" best of her Knowledg promising to add w" farther should Come to her Knowledge In Court att Salem 30'" June 91 attest: Benj* Gerrish Cler The will of William* Averell is found in Essex Co. Probate Court Records: Clerk of Court's Office; Vol. 50, p. 134* (Vol. 303, p. 52).
WILL: The last will and testament of william Averell of topsfield sen' in the county of essex in new england: I being weak in body but thorow gods goodness yett of compitent vnderstanding and memory I comitt my body to the dust when god shall take me hence: and my speritt into the hands of allmyghty god and my most mercifull Redeemer and my outward estate as foloweth: I doe will vnto my eleuen children the sum of six pounds a peece for the present: to be payd as they are or shall com to age: in such specia of mouables as the estate consists in not to be prized as mony but as vpon pay acount: and this rule to be attanded in all other payments hare after to be mentioned the remainder of my estate viz my lands and housing stocke and household goods moueables and vnmouables: my will is to leave it with my dear and louing wife to be Improued for the mutual Relieefe and comfort both of her selfe and family I shall leave with her: or soe many of them whose harts god shall incline to Hue together with their dear mother as brethren in peace loue and unity: and to be mutually helpfull in improueing the land and stocke for their oune and each others liuelyhood: that they may by keeping near together be helpful vnto each other in an hour of danger: my will is that if my present dwelling house shall continue in being vntell after my wiues deseace and allso that my son John and my son nathanaell shall be then liuing that they shall haue each of them ten pounds out of the value of the house before any diuition be made or if either of them shall siruiue and not the other: then his ten pound shall be his due if they shall boeth dye befare their mother: then this to be voyd and of none efect; my will is that after my wiues decease my lands ||and!| housing shall with the Rest of my estate that shall then be in being be equally deuided amongst my children that shall be then liuing the lands and housing to belong equally vnto my sons: yet soe as they shall i not make sale or convayance vnto any strainger of their proportian before they have prefered the same to such of their brethren as may be willing to buy the same: who shall haue one full years liberty to purches or Refuse: if any shall doe contrery harevnto he shall forfitt his interest in his share of land and housing nor shall he hold his proportion at a higher price to his brethren then the same will yeeld to a strainger my will is if the land shall fall short in value that my sons have not their due in value: whatt shall be wanting shall be made vp out of the stocke and mouables: and the like to be done if stocke and mouables fall short: the heirs of the lands and howsing to pay euery on his part: my will is that my son nathanaell may use the shop toles not to make any strip and wast or to depriue the family of the benifit of such as they shall haue ocation for: while they shall continue together: I doe hareby giue vnto my wife full power to determine whot kind of houshould goods shall belong vnto each of our davghters: and allso to impart as there may be need: either to sons or daughters what may be conueniently spared: keeping a true acount therof: not exceeding what will be their proportion at the last diuition: and what they shall soe Receiue: shall be acounted vnto them as part of their last proportion out of my estate [: I doe not intend hare the first six pounds and vpwards in the former part of these lines] I doe (torn out—' about one word gone) giue liberty to my wife to alow Reasonable Recompense to 8*)uch of our children tho not yet com to age as shall (torn out—about one word gone) oue themselves diligent faithfull and constant in improuing (torn out—about one word gone) nd stocke for the good of the family after thay com to full age which shall be taken out of the estate or income therof as a due debt before diuision be made: I doe further hareby make my Dear and louing wife my full and sole executrix vnto this my last will and testament during the term of hir widowhood: if she shall see cause to chang hir condition; then my will is that she take two of her sons whom she shall Jvdg to be best able and most faithfull to Joyn with her in executorship: to the end that noe strainger nor son of a strainger may be admitted into soe small a liuing to the wrong of the proper heirs or any of them: lastly my will is that any of my sons as they may be able may and will be helpfull vnto their dear mother in what dificultyes she may meet withall and that they Hue at peace amongst themselues: and you will haue the promis that the god of peace will be with you for confirmation hereof I haue hareto set my hand dated the 15 day of aprill 1690
as wittneses JJohn Wills william Auerell the mark Sarah wilds of
The witnesses above mentioned made oath in Court att Salem June 30"' 1691 y' they were prsent and saw wm Auerell signe seale & deliver Torn out.
& heard him publish the aboue-written as his last will & testam' & y' he was then ||to|| yr understanding of a disposing mind attest Benj* Gerrish Cler.
COMMONWEAlTH OF MASSACHUSETTS.
Essex, ss. Office of the Clerk of the Courts. September 24, 1897. The foregoing are true copies, as on file in this office. Attest, Jas. P. Hale, Ass' Clerk. Some time after the death of her husband, Mrs. William Averell and her sons John and Nathaniel decided to sell some of the land in Ipswich which had remained for many years in the Averell family. The record of this transaction is found in the Essex Registry of Deeds, Vol. 10, P. 25.
Auerell Hanah John & Nathaniel: To Francis Crompton Aug' 21. 1694. To all Christian people before whome this present Writing shall come Greeting Know yee that Hanah Averill Widow & John Averell and Nathaniel Averill all of Topsfield In ye County of Essex In ye province of ye Massachusets Bay In New Eng Executors to ye last Will & Testament of William Auerell of Topsfield aforesd Dece for & in Consideration of ye full and Just sume of Eighty & Two pounds of Good and Currant money of New England To them in hand paid by Mr Francis Crompton of Ipswich in ye County aforesd & To thier full Satisfa ton & Content of any further payment doe fully & Absolutely Exonerate Acquit & discharge ye S Crompton his hiers Executors Administrators & Assignes for Euer by these p-sents Have Given Granted Bargained and Sold alienated Enfeoffed & Confirmed & by These P-sents doe fully freely & absolutely Give Grant Bargaine & Sell alienate Enfeoffe and Confirme unto ye Said Francis Crompton his hiers Executors Adm'1 and assigns for Euer A Certain parcell of land Scituate lying & being In Ipswich afores Containing by Estimaton three acres & is ye homestead formerly William Averells Deceased bounded South East & SouthWest mostly upon ye land ye homestead of Mr John Rogers Minister In Ipswich and North West by ye Mill River and North East by ye high Way ye Country Rode that leads Downe to ye Mill Riuer aforesd & as it is bounded & fencd In with all the Rights priuiledges and Appurtenances there unto belonging or any ways appertaining as fences fruit Trees Comon Rights or what Ever belongeth thereunto To Have & To Hold & peaceably to Occupy possess & enjoy all ye aboue Demised premises with Euery of its Appurtenances be ye same more or less. To him ye Said ffrancis Crompton his hiers Executors Administrators & assignes for Euer ffree Clear & Quitt & ffreely and Clearly Ac quitted & Discharged of & from all former & other Gifts Grants Debts Suites Troubles arrests Judgments Executions Extentions bequests Jointures thirds Dowries Or Any Other Intanglements or Incumbrances whatsoeuer So that ye Said Francis Crompton his hiers Executors Adminis
trators and assigns Shall ffrom Time to Time & att all Times for Euer hereafter Have Hold use Occupy possess and Enjoy all ye Demised premises with Euery of its appurtenances To his & Thier only proper use behoofe and benefit without any Condition Reservation or Limitation whatsoever So as to alter Change Defeat or Make Void ye Same furthermore ye Said Hanah Auerell and John Auerell & Nathaniel Averell for themselves thier heires Executors & Administrators doe Covenant promise & engage To & with ye Said Francis Crompton his hiers Executors & Administrators and assignes that at the Time of ye Ensealing and Deleuery here of they have Good right full power & Lawfull Authority in thier Owne name to alienate Sell and Dispose thereof as aboue Said and that it is an absolute Estate of Inheritance in ffee Simple & so to be Secured for Euer from ye lett Suit or deniall of ye Said Hanah & John & Nathaniel Averell their hiers & assignes or any other person or persons laying Any Lawfull Claim thereto or any part thereof In Witness whereof ye said Hanah Averell & John Averell & Nathaniel Averell have here unto Sett their hands and Seales This Tenth Day of July Anno Dom One thousand Six hundred & Ninety Three & In ye fifth yeare of thier Maj"" Reigne
John Willson William ffelows Exam' p Steph: Sewall Reg' Hanah Auerell John Auerell and Nathaniel Auerell all appeared & did Acknowledg this Instrument aboue written to be thier Act & Deed July ye 13"' 1693 before me Samuel Appleton Just, of ye peace 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 Hanah her marke
+ 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.
Essex Registry Deeds, So. Dist. Salem, Sept. 30'", 1897. The foregoing is a true copy of record in this office. Attest. Willard J. Hale, Reg. Rev. Joseph Capen came to Topsfield in 1684; and he built the interesting house, of which we give a picture, about 1686. The names of William* and Hannah Averell do not appear in Rev. Joseph Capen's "list of ye members in full communion at Topsfield when I was first ordan'ed or yt were admitted afterward" [1684 to 1709], although we do find in this list the name of "John Wilds his wife." And, strangely enough, it was not until May 16, 1697, six years after the death of the father, and when the eldest son was thirty-five years of age, that their children, with the exception of William, were baptized by the above mentioned minister. Those children were "Johnn" Averell, Nathaniel, Job, Ebenezer, Thomas, Paul, Isaac, Hannah, Abigail and Mary. Their brother William was married and a member of one of the Ipswich churches at this time, and probably was baptized there. [As William- Averell in Apr., 1690, mentions his "eleven children," and their names appear in the "mutual agreement," Feb. 4, 1701-2, it is probable that Ezekiel and Silas died before Apr., 1690. The date of the death of the first Isaac is on record.] It is equally remarkable that "Widow Averill" was not "admitted to the Congregational Church at Topsfield" until "June 30. 1706." As there was at this date no other widow Averell, our Hannah (Jackson) Averell must be the one mentioned.
Queries: What was the religious belief of William* and his wife Hannah? What was the nature of their association with the Ipswich and Topsfield Churches? Why did she and her children come so late into the church? And why in spite of their unusual attitude toward it was he so trusted and honored by Topsfield citizens?
Mrs. Hannah Averell lived after her husband's death with her son John, and we have no record of the date of her death.
The births of their children are recorded in Vital Statistics of Essex Co., 1646-1786, Vol. iii.
The children of William* and Hannah (Jackson) Averell (all but one b. at Topsfield; see T. H. C.) were:
9. i. William', b. May 1, 1662, at Ipswich (Ct. R.); m. Mary 10. ii. Nathaniel", b. Oct. 13, 1664; m. (1) Sarah Howlett; m. (2) Lydia French. 11. iii. John', b. Jan. 1, 1666; m. Ann or Anna Greensleet. 12. iv. Job:;, b. Jan. 1, 1666 (or 7?); m. Susanna Brown. 13. v. Hannah', b. Dec. 18, 1667. 14. vi. Ebenezer', b. Oct. 14, 1669; m. (1) Susannah Hovey; m. (2) Mehitable Foster. 15. vii. Isaac (a)' ' ("son"), b. Jan. 26, 1671; d. June 11, 1680. 16. viii. Thomas", b. Dec. 9, 1672; m. Mary Baker. 17. ix. Abigail", b. Mar. 8, 1673-4; m. Jonathan Bishop. 18. x. Ezekiel", b. July 24, 1675. 19. xi. Paul, b. June 21, 1677; m. (1) Sarah Andrews; m. (2) Mary Symonds. 20. xii. Silas7, b. May 1, 1679. 21. xiii. Isaac (b)*, b. Nov. 10, 1680; m. Esther Walker. 22. xiv. Mary', b. , 168-; m. Silas Titus.
Source: The Averell-Averill-Avery family: A record of the descendants of William and Abigail Averell of Ipswich, Mass. ... (Google eBook), pages 79-97
LDS records: William married Hannah Jackson of Ipswitch July 31, 1661.
William Averill, Jr.'s Timeline
June 26, 1625
Chipping Norton, Oxfordshire, England
2. William2 Averell, called also Averill and Avery (William'), b. probably in England, about 1632, at a place and date still unknown, lived with his parents at Ipswich, Mass.
The Averell-Averill-Avery family:
June 26, 1625
Chipping Norton, Oxford, England