Make your own free website on Tripod.com

STUKELY WESTCOTT (1592-1677)

Lost Will and Testament




Much of his land he conveyed to his sons by deeds of gift during his life and this explains in a measure why Jeremiah, his youngest son, is not mentioned in his will. The following is a copy of the will:

        "I, Stukely Westcott of Warwick in the Colony of Rhode Island and Providence Plantations in New England, now residing in Portsmouth in Rhode Island aforesaid, being aged about eighty-five years, and in my right senses and perfect understanding and memory, doe make this my last will and testament, to the disposing of my estate which is as follows, to wit:

        "Item. I make ordaine and appoint my eldest (living) son Amos Westcott my lawful and sole executor to see this my will performed, and also to pay and receive all my debts as beglonging to me.

        "Item. I give and bequeath to my said Executor all my movable estate as Cattell goods and chattels, and also my land lying in Potamet neck, and my meadow lying at Toskownk in the township of Warwick aforesaid. Also two-fourths of my land at Cowesit; all of which said lands together with all privileges thereunto belonging or appertaining I give to him his heirs and assighnees forever.

        "Item. I give and bequeath to my grandson Amos Westcott, my town lot in Warwick aforesaid which I formerly lived on, with orcharding fencing and all things thereunto belonging; and also my thirty acre lot and a meadow lot lying in Shawomet aforesaid, and also my share of land lying on the south side of Patuxet River which I purchased together with Mr. Samuel Gorton, Mr. Holding, Mr. Collins and John Potter; all of which aforesaid lands or parcels will all and singular the privileges appertaining I doe give grant and confirm to my aforesaid grandson his heirs and assignes forever.

        "Item. I give and bequeath unto my grandson Amos Stafford a fourth part of my land lying in Cowesit, which is to say, the fourth of the eleventh part of that purchase, to him his heirs and assignes forever.

        "In confirming of all of the above written presents, I set my hand and seal this 12th day of January, 1677."


        The above will was never executed. He was dissuaded from signing it by his grandson, Caleb Arnold, until his sons, Amos and Jeremiah, who were then upon the neighboring island of Prudence, could be sent for, but before the grandson could reach them (Stukely's sons), he was unable to sign thereunto.


        "A short time after his death, his sons, Amos and Jeremiah, by petition desired the 'Town Council to settle the estate of their father, who died without his will being signed and sealled.'"

        "Whereupon, the Town Council, first stating that they are informed that 'he spake somewhat as in Adition to his will which was not committed to writing, and for as much as by reason of the late unhappy warres the counsel have been put by that they could no sooner afect the same, nevertheless deeming it their duty to perfect the sayd will,' they then proceeded to make a will for him by which they:

(1) give to his son Amos 'all goodes chattells moveables and lands' not otherewise therein disposed of, and make him the executor to receive and pay all debts;

(2) to Jeremiah they give all the lands his father had deeded to him in his lifetime; also the estate of John Bennett had deede to Stukely; also the share of meadow bought of 'Peeter Buicot,' on the south side of the brook that runs out of the 'grate pond,' and one share of 'meddowes at Potowomut laying aboe the rocky nooke, only we apointe him to pay 3 pounds country pay to his brother Amos';

(3) to Damaris Arnold, his daughter, 20 shillings in silver to be laid out in 'a piece of plate';

(4) to Mercy Stafford, his daughter, 'the bed in her hands with the furniture and such other of the goods mentioned in the inventory to bee in her hands,' provided the executor is to be 'freede from any other payment concerning her father's keepinge or funerall to her husband or her';

(5) to 'Robert Westcotes' eldest sonn Zerobabel, is given one fourth part of the farm at Weequichaconuke';

(6) to Amos Stafford, 'sonn of his daughter Mercy,' is given a 'fowerth part' of his grandfather's share in the township of 'Coweeset';

(7) to 'Amos Westcote sonn of Amos his grandfather Stukley Westcotes town lott and comanidg' 'after his fathers disease,' and 'one fowerth' part of his grandfathers farm at "Weequisacomet' when he comes to the age of 'twenty one yeares.'"


        This will, which evidently was drawn a year to the day after Stukely Westcott's death, is signed and sealed by John Greene, Assistant, Samuel Gorton, Assistant, Randall Houldon, Thomas Green and Benjamin Barton, they then comprising the Town Council of Warwick.


footnotes:

1. Source: Stukely Westcott, Vol. 1, Pgs. 27-28, 1932<