The following is the will of William Maltby, Esq., of Branford:
I, William Maltby, of Branford, Esq., being this 28th day of August, Anno Dom 1710 in ye ninth year of her majts reign sick and weak in body but through the mercy of God of composed mind and sound memory do make and ordain this my last will and testament in manner and forme following:
Imprnuis I give and bequeath to my soul unto God that gave it and my body to a descent burial at the discretion of my Executors hereafter named, hopeing only in the merits of Jesus Christ for the pardon of my sins and an interest in the resurrection of the just.
And as for the dispose of that temporal estate which God of his bounty and goodness hath given to me, I give and dispose the same as followeth:
First, I give and bequeath unto my oldest sonn, John Maltby, all that house and land which I bought for him at Saybrook being all the lands I have there with the appurtenentes thereof, of which sd house and land my sd sonn now stands seized and possessed. Also I give and bequeath unto him my sd Sonn John Maltby my allotment of land which I bought of Capt. Meeriman and Thomas Hall in quantity about one hundred acres lying between the bounds of Wallingford and Middletown and an equall share with the rest of my children in my commons and undivided lands within the town of Branford to be to him his heirs and assignes forever together with the severall particulars of personal estate which are mentioned particularly in my book of accounts.
If I give and bequeath unto my Grandson, William Maltby, son and heir of my son, William Maltby, deceased, the sum due to me on ballance of accounts between me and my son, William Maltby, deceased, as it stands in my account book provided by daughter in law, Elizabeth Maltby, nor my sd Grandchild gives any trouble to my Executors or to any other children or heirs of mine respecting accounts depending between me and my sd son, Wm. Maltby, deceased, but if they or either of them gives trouble respecting and accounts or dealings between myself and my sd son that then the sd summe due to balance yd account between me and my sd sonn shall be paid to my Executors. Also I give and confirm unto my sd Grandson, William Maltby, sixty four acres of land at that place called Tibbs hill in the third division in Branford aforesd with the addition northward adjoining those unto which sd parcell of land with appurtenances thereof I give unto him my said Grandson, his heirs and assigns forever. If I give unto him a horse, colt and mare colt of two years old to be paid by my Executors.
I give and bequeath unto my loving son, Daniel Maltby all that house and land that he now stands in possession of in the town of Branford, the homlott being in quantity ten acres be more or less as also all my land at Mullimers Neck and my division there also. I further give my sd son Daniel all my land on brushy plaine containing thirteen acres be it more or less all which land and appurtenances my Will is shall be and remain to him his heirs and assignes forever.
I give and bequeath unto my loving son, Samuel Maltby, my orchard that lieth eastward of my now dwelling house in Branford from the street to the salt meadow to be to him his heirs and assigns forever.
I give and bequeath unto my loving son, Jonathon Maltby, my mansion house I now dwell in within the precinct of Branford with the homlott of land thereto adjoining and belonging together with all housing, buildings, edifices and appurtenances thereunto belonging the before mentioned given to my son, Samuell on the eastward side of it only excepted to be and belong to him his heirs and assigns forever.
I give and bequeath all my other lands arrable pasture or meadows not heretofore disposed of by me or devised in this my last will and testament within the precinct of Branford or elsewhere as the same shall appear on record to be equally divided to and between my sonns Samuel and Jonathon Maltby and to be and belong to them and their, or each of their heirs and assigns forever.
I give unto my daughter, Jane Parker, the bed, bedstead, hangings and furniture thereof in my hall which wer her mother’s.
I give and bequeath to my aforesaid sonns, John Maltby and Daniel Maltby, the remainder of my fourth division lott beyond Tibbs Hill part of it being sold to Capt. Fowler to be equally divided between them.
My
will is that my right of commonage and undivided land within the town of
I give to my daughter, Elizabeth Hoadley my cupborard with four drawers and long table.
My will is that if either or both of my sonns, Samuel Maltby or Jonathan Maltby should dye before they arrive to lawful age, to receive their portions given to them that then the part of them or either of them above devised shall be and belong in equall parts to the rest of my surviving children.
Lastly my will is and I do hereby nominate and appoint my dear and loving wife, Abigail Maltby, and my sonn, Samuel Maltby, to be joynt Executors of this my last will and testament and I give unto my sd dear wife the improvement of one third part of my reall estate during her natural life, desiring her to take care to see my just debts duely paid and I also desire my loving brother, Mr. Samuell Bishop, to be overseer and give assistance in the execution of this my last will and testament and do revoke all other wills heretofore by me made.
In witness whereof I have hereunto set my hand and seal in Branford this twenty ninth day of August, Anno Domini 1710, in the ninth year of her majistys reigne.
I the sd Wm. Maltby do also bequeath five pounds to my son, John Maltby's eldest sonne and five pounds to each of the rest of my eldest grandson now living to be paid at money value by my Executors and also five shillings apiece to each of my grandchildren.
Wm. Maltby (Seal.)
Signed, sealed and published as the last will and testament by the subscriber in the presence of us.
Jeremiah Osborne.
Samuell Pond.
Uzall Wardell
her
Miriam Pond
mark.
Appeared the witnesses to the last will and testament of Wm. Maltby, Esqr., late of Branford, deceased, and made oath that they saw the said Wm. Maltby, Esqr., sign, seal and publish yd will as his last will and testament and that he was of sound mind and understanding when he so did according to the best of their judgment, whereupon the Court accept and allow of said will and order it to be entered on record.
Test
JOHN WINSTON, Clerk.
STATE
OF
ss.
I, Timothy F. Callahan, Clerk of the Court of Probate within and for the District of New Haven, in said County of New Haven, and keeper of the Records and Seal thereof, hereby certify that I have examined the within and foregoing copy of the Record of the last will and testament of William Maltby, Esq., late of Branford, formerly in the Probate District of New Haven, deceased, and the decree of this court approving and allowing the same, and have compared all of the foregoing with the original Record thereof now remaining in this office, and have found the same to be a correct transcript therefrom and of the whole of said original Record.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed the Seal of said Court, on this 14th day of September, A. D. 1894.
[SEAL]
TIMOTHY F. CALLAHAN, Clerk,
STATE
OF
ss.
I, A. Heaton Robertson, sole and presiding Judge of the Court of Probate within and for the District of New Haven, in said County of New Haven, hereby certify that Timothy F. Callahan, whose name is above written and subscribed, is, and was at the date thereof Clerk of the Court of Probate, within and for the District of New Haven, in said New Haven Country, and keeper of the Records and Seal thereof, duly commissioned and sworn, that I am will acquainted with his signature, and know the above to be his, and that the above Certificate by him made is in due form to authenticate the recoreds, files and proceedings of said Court.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 14th day of September, A. D. 1894.
A. HEATON ROBERTSON, Judge.
STATE OF
ss.
I, Timothy F. Callahan, Clerk of the Court of Probate, within and for the District of New Haven, in said County of New Haven, hereby certify that A. Heaton Robertson, whose name is within written and subscribed, is, and was at the date thereof, sole and presiding Judge of the Court of Probate within and for the District of New Haven, in said New Haven County, duly commissioned and sworn: that I am well acquainted with his signature, and known the above to be his.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of said Court, on this 14th day of September, A. D. 1894.
[SEAL]
TIMOTHY F. CALLAHAN, Clerk.
The Inventory of the Estate of William Maltby, Esq., of Branford, will be found of much interest to all descendants. That there was another inventory of his ships we can not but believe, as Rev. Jonathon (4) Maltby states: “in his inventory are quite a number of vessels.”
An Inventory of the estate of William Maltby, Esq., late of Branford, deceased, taken and appraised by us whose names are underwritten, this 2d day of Novem, 1710.
£ s d
Jenyk Emis – His arms & ammunition 4 8 4
Wearing apparel – woolen & linen 23 4 6
2 yk of oxen, £13, 10s; 7 cows, £16 29 10
5 yearlings, £6; 2 calves, £1, 2s; 3 yr olds, £4 11
5 grown swine, £4; nine smule swine, £3, 3s 7 3
A black horse, £4; a mare & colt, £2, 15s 6 15
A black mare, £2; a bull, £2, 5s 4 5
House, barn and other buildings with a part of the
homestead on which the said buildings stand. 215
The home lot east of the house 35
15 acres of plow land at Scotch Cap 45
About 8 acres of salt meadow at Scotch Cap 32
About 12 acres of rough land at Scotch Cap 6 12
9 acres of land at Great Plain 36
5 acres of land at Indian Neck 20
3 1/2 acres of land at point lotte 7
2
acres of meadow at Indian Neck 9
3/4
acre of meadow 3
3
acres of Salt Meadow at Peters bridge 13 10
A
small parcel of fresh meadow 1
1 acre
of Salt Meadow in the mill quarter
5
24
acres of Cow pasture 48
Wheat in the straws, £2, 2s; rye in the straw, £1, 8s 3 10
Oates, £1, 10s; Peas, £3, 10s; Ind. Corn, £4, 10s 9 10
Winter Corn upon ye ground 12 8 8
Flax, undressed, £1, 10s; 19 loads of Hay, £11, 10s 13
100
acres of land lying between the bounds of Wal-
lingford and Middletowne 50
70
acres of land at Sea Hill 35
About
100 acres of land at Sibbes 100
(Was
this the Tibbs Hill of Will? I think
Sibbes is correct. The compiler).
8
acres of land at
(I
think this should be Cranberry
Swamp. The compiler).
A negro man, £45; a negro woman, £30 75
A bed,
bowlster, fringe, covering, curtains,
Valany, bedstead and cord 8
A cupboard with drawers, £2, 5s; another cupboard £4 6 5
A
great table, 12s; 6 leather chairs 24s 1 16
6 other chairs, £1, 4s; 2 chairs, 8s 1 12
2 pictures, 10s; a greate looking glass, £1 1 10
6 Sheepskins, 6s; 3 Rakes, 1s, 6d 7 6
A Mill, £1; horse Gears, 5s 1 5
A Cart & irons belonging to it 1 16
116 pounds Iron 1 18
Casks and Cyder, £13, 3s; More old Casks, 8s, 6d 13 11 6
A cast of Rum, £8, 3s, 6d; Whalebone & tunell, 2s, 8d 8 6 2
An ax, 1s; Old Tubs, 5s; a lump old iron, 5s 11
A Table Cloth, 1s, 6d; Napkins, 6s; Table Cloth 11s 18 6
Cotton Napkins, 7s, 6d; More Napkins, £1, 9s, 6d 1 17
Towels, 5s; Pillow Coats, 4s; Sheets, £2, 7s 2 16
4 yds Speckled Linnen, 10s, 2d; more fine linen £3, 13s 4 3 2
A Shirt, 4s; Woollen cloth, 7s; more linen, £1, 2s, 6d 1 13 6
Kentmes 6s; Mosless, £1, 7s; Cotton Cloth, 2s;
Silk, £1 2 15
Mohair, 10s; Fine thred, 5s; a great bible, £3 3 15
More Books, £1, 10s; papor, £13; a crest with
drawers, £3 5 3
Another
chest, 4s; a little trunk, 8s; a desk, 4s 16
White Sugar, 2s, 6d; more sugar, 9s; Stone jugs and
Other things, £1 1 11 6
A wheels, 10s; yoke and chains, £1, 6s 1 16
A pair of andirons, 13s, 4d; 2 pr Tongs, 4s 17 4
A fire
shovel, 6s; a gridiron, 3s; a bransell, 4s 13
A toasting iron, 1s, 8d; Candelstick, 7s, 6d; pr
shears, 1s 6d 10 8
An hour glass, 1s; Chairs, 16s; Table, 5s; Salt box, 1s 1 3
A Lanthorne, 1s, 6d; a sadle and bridle, 16s 17 6
A wheel a pro of hair cloth, 4s; 20 lb Tobacco, 6s, 8d; 10 8
8 bushels of Salt, £2, 4s; a syth and Cradle, 5s 2 9
A Fluite, 6d; Ceder Shingles, 4s; Three Sickles, 2s, 6d 7
4 Coverlids, a blanket & bedstead 2
A quilt, £2, 10s; a blanket, 15s; a sheet, 15s; a
Pillow, 4s 4 4
A case with knives, 4s; money scales with weights, 6s 10
A pewter bottle, 2 boxes, 2s, 6d; a basket with
Linen, 13s, 4d 15 10
Mault, £1, 13s, 4d; tubs trays and barke, 16s 2 9 4
Hops, 14s, 8d; a Churne, 3s; a Chees press, 3s 1 0 8
2 Tubbs, 3s; a Chees tubb, 3s; a kneeding trough, 2s 8
More Tubbs, 9s; three Gulog (?) 3s; driping pan, 1s 13
2
Cheese Vuets, 1s; a
A basket, 4d; Old tub & barrils & Cart Ropes 18 4
40 lbs. Tallow, £1; two ladles & 3 dishes, 1s 1 1
Tin pans, 6s; a tin kettle, 2s; a cullender, 1s, 4d 9 4
2 Cream pots, 2s; earthen pans, 2s; a Crys, 6d 4 6
A bushel, 1s; a pot, 1s; a frying pan, 3s 5
Tallow & other things, 2s; a box with Candles, 2s 4
An iron back, 4s; a pair of bellows, 6s 10
3 Forks, 2s; wooden ware, 9s; Trenchers, 2s, 8d 13 8
Spoons, a pan, Choping knife, 4s, 6d; 2 potts, 14s 18 6
2 Kettles, 15s; old brass, 2s; hair cloth, £1, 10s 2 7
A glass case & glasses, 14s; a Joynt Stoole, 2s 16
An iron back, 4s; a pair of bellows, 6s 10
Earthen ware, 12s; a brush and needles, 6s 18
button, 15s; Pewter, £4, 5s; More Pewter, £2, 17s 7 17
Ivory headed Cane, 6s; Silverheaded Cane, 12s 18
A small casket, with other things 1 6
A pair of cards, 5s; a lock, 3s; tin pans, 1s, 6d 9 6
Nails, 1s, 6d; Looking glass, 6s; An ax, 2s 9 6
40 Sheep, £12; 82 lb. of ginger, £1, 6s 13 6
Nails, 4s, 8d; hatchet & other things, 2s, 6d 7 2
A pair Stillyards, 12s; a pr scales & weight, 12s 1 4
A Chest, 4s; a bed, bedstead & furniture, £7, 16s 8
Another Bed & furniture 6
Another Bed & furniture 2 15
10 yds. & ½ of Kersey, £2, 17s, 3d; More Kersey,
7s, 6d 3 4 9
3 yds. & ½ of Kersey, 19s, 9d; 44 lbs. yarne, £2 2 19 9
6 lb Coverlid yarne, 8s, 8d; 10 yds. Cotton Cloth,
£1, 6s 1 14 8
2 blankets, 2s; two blankets, 12s; Linen Cloth, 19s 1 13
10 yds, ticking, £1, 15s; flax, 11s, 8d 2 6 8
2 barke, 1s, 8d; A pillion & cloth, 6s 7 8
A wheel and other things 7 6
9790 of 8d nails, £5, 16s; 51 lbs. of wool, £2, 19s, 6d 8 15 6
Kettles & other things, £2; Iron Mortoe & other
Things, 10s 2 10
More Iron, 10s; Hoo’s a hatchet, 12s, 6d 1 2 6
More tools, 7s; Wedges & other things, 1s, 6d 8 6
2 ½ bushels a ½ peck, 4s; pailes, 2s 6
Plow & plow irons & other old iron 1
A stone Jugg and other things, 2s, 9d; a crowbar
& aegles, 11s; A brush and Grater, 2s; Baggs,
13s, 6d; a Silver Cup, £2, 10s 3 5 6
Cash 4 9
An old Scow, £2, 10s; dung, 6s; Sealing was, 6d;
Ink horn, 6d 2 17
1 Table, 6s; 1 chest, 5s; 4 ½ doz. Buttons, 2s, 3d 13 3
2 old pair Knives, 6d; a Slead, 7s 7 6
16 Sheep 3
----------------------
1058 7 10
Samuell Maltby, Exr., sworne
According to law.
Nathanll Harrison
Thomas Shepard ﻛ apprisers.
In order that descendants may form some idea as to the importance in the early days of the above estate we quote from the N. E. H. & G. R., p. 73, Vol. LXIV: “At William Peyntree’s death in Connecticut, he left a large estate inventoried, 29 Nov., 1646, at £1001, 00s, 00d, to his widow Margaret, son John and his daughter Mary, wife of Richard Bryan of Milford, Conn.”
Note. – Mary Peyntree was the mother of Mary Bryan, wife of John Maltby, Esq.
This inventory was taken some sixty years before that of William Maltby, which makes some difference in the relative value of the two estates, but in 1710 an estate of £1058 was a goodly inheritance and William Maltby was one of the most substantial men in Branford.
After the death of William Maltby there was some litigation over the estate as is shown by a New Haven Probate Record, viz.:
“John Maltbie of Saybrook, one of the legatees of Mr. William Maultby, late of Branford, Dec’d., did offer ye evidence of Samuel and Miriam Pond to shew that through the Neglect of ye Scribe In writing ye will of sd Dec’d, there was on omition of some Particular grants to ye said John Maultbie and his brother Daniell. But inso-much ty none of yet Interests were present nor cited to bee, ye Court do decline acting in ye affair.”
Yol. IV., p. 94: “The Testymonie of Smll Pond and Miriam Pond: These Deponents testyfie and say they being with Mr. William Maultby of Branford, Dec’d, when he, sd Maultby made his last will, heard said Maultby say he gave four acres of his land at Sebee hil to his grandson, William Maltby and ye remainder of his said land at Sebee hil he gave to his son John and his son Daniel to be divided between them and farther saith at Guilford, July 23rd, 1712, the above named Samuel Pond and Miriam Pond made solemn oath to ye truth of the above written testimony before Abraham Fowler, Asst. John Maltby of Saybrook, who desires ye above testymonie affirmed to me ye subscriber yt he had notified all ye persons concerned in ye above William Maltby’s estate to be present at time and place above said, but none of them present.
Test. Abraham Fowler, Asst.
A
second record reads: At a Court of
Probate held at
Present John Alling, Esqrs., Judge.
Mr. William Maltby Warham Mather ﻛ Esq.
Abraham Bradley ﻛ Just.
Mr.
Joseph Tuttle on behalf of John Maltby, Daniel Maltby, David Parker in right of
his wife and Abraham Hoadley in right of his wife, some of the heirs of William
Maltby, Esq., late of Branford, deceased, decried the Court to grant letters of
administration on ye goods and Chattels of ye said deceased. The Court after thor’
consideration thereof do not see cause to grant an administration on the goods
and chattels of said deceased from this deny all the said John Maltby, Daniel
Maltby, David Parker and Abraham Hoadley appeals to the Court of Assistants to
be held at Hartford in May next, John Maltby, Daniel Maltby, David Parker and
Abraham Hoadley principals, and Matthew Gilbert and Samuel Cooper suretys acknowledge themselves bound jointly and severally
in a recognizance of
Forty pounds lawful money of the Colony of Conn. to the Court of Probates for
ye county of New Haven, to prosecute their said appeale
to the offset and answer all damages in case they make not their plea
good.” (p. 252, Vol.
III., New Haven Probate records.)
It
would be interesting to know the outcome of this case, but as yet we have found
no record of this appeal at
Note. – William, the other brother, died nine years before his father, and William, Sr., had already given him his share and provided for his grandson, William, 3rd.
This work is in no way intended for a genealogy. (A large and comprehensive record of the descendants of William and John Maltby, emigrants, is about completed, in so much as a genealogy is ever completed). At the same time it has been considered advisable to include in this volume a sketch of each of the children of William Maltby, and these biographies now follow.