Salem Witchcraft, Volumes I and II: With an Account of Salem Village and a History of Opinions on Witchcraft and Kindred SubjectsUpham, Charles Wentworth
History
Salem Witchcraft, Volumes I and II: With an Account of Salem Village and a History of Opinions on Witchcraft and Kindred Subjects
Upham, Charles Wentworth
Salem (Mass.) -- History -- Colonial period, ca. 1600-1775; Witchcraft -- Massachusetts -- Salem -- History -- 17th century
John and his father-in-law had it all their own way. The decision of
the court was perhaps correct, according to legal principles; although
it is not so certain that it was, in all respects, in conformity with
the intent of Governor Endicott. Undoubtedly, as the language of the
deed shows, he had made up his mind to give to his son John and "his
assigns" absolute, full, and final possession of the Bishop farm. But
it seems equally certain, that he meant to have the rest of his landed
estate, including the Orchard Farm and the Ipswich-river farm, go
directly and wholly to the survivor, if either of his sons died without
issue. The facts and dates are as follows: His son John was married in
1653. The Governor's will was made in 1659. It had then become quite
probable that John might not have issue. The will gives him and his
heirs, but not his assigns, the Bishop farm. In the event of his death
without issue, his widow would have her dower and legal life right in
it, but the final heir would be Zerubabel. In 1662, the Governor, who
had, some years before, removed to Boston, where he resided the
remainder of his life, executed a deed, giving to his son John, "his
heirs and assigns," a full and permanent title to the Bishop farm. This
was a variation of the plan for the disposition of his estate as shown
in his will. He probably designed to make a new will, securing to his
natural heirs, so far as his other landed property was concerned, what
he had thus permitted to pass away from them in the Bishop farm; that
is, the full and immediate possession by[i.78] the survivor, if either
of the sons died without issue. It was a favorite idea, almost a sacred
principle, in those days, to have lands go in the natural descent. The
sentiment is quite apparent in the tenor of the Governor's will. When
he deprived, by his deed to John in 1662, Zerubabel's family of the
right to the final possession of the Bishop farm, it can hardly be
doubted that he relied upon the provisions of his will to secure to
them the immediate, complete possession of all his other lands, without
the incumbrance of any claim of dower or otherwise of John's widow. But
the pressure of public duties prevented his duly executing his will,
and putting it into a new shape, in conformity with the circumstances
of the case. The troubles that followed teach the necessity of the
utmost caution and carefulness in that most difficult and most
irremediable of all business transactions,—the attempt to continue the
control of property, after death, by written instruments.
Public-domain text, read in full here on John Shaqi.
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