Saturday, June 27, 2015


I was able to find the Probate Files for my ancestor John Hawkes over on the American
Ancestors website, and George Ernest Bowman had transcribed it for his "Hawkes Notes"
article in The Mayflower Descendant. John had died without making out a will, so the family
reached an agreement on how to divide the estate. Once again I found that some of my
ancestors differed on how they spelled their family name, even when they were living in the
same house or town. There are several variations of the name Hawkes in this agreement:

Essex County, MA: Probate File Papers, 1638-1881.Online database. New England Historic Genealogical Society, 2014. (From records supplied by the Massachusetts Supreme Judicial Court Archives.)

[From original document] This Indenture Covenant and Agreement made Between The Widdow and The Surviving children of mr John Hauks deceas’d one with Another Respectively with Reference to The setlement of The Estate of Lands and moveables That The said m' John Hauks Dyed Seized off which setlement According To This Indenture we whose names Are subscribed Doe Bind ourselves our heirs Executors for ever by These presents to Rest satisfyed And Contented and Contented with, never for The future to Molest or disturb each other farther Then what Is here Agreed upon but That Reall And harty Love and peace may be maintained between us suitable to The neer Relation we stand In one to Another The principle motive In This Covenant and Indenture.

Impr. Agreed, and Consented unto That Sarah Hauks our Honourd Mother Have for her Annuall Maintainance six pounds In money, or whatever Else she may have occasion for to her satisfaction; to be paid by John & Thomas Hawks and Ebenezer Hauks when sd Ebenezer he comes to The Age of Twenty one years, and In The mean Time sd John to pay his proportion for him; The said Bretheren to Bear an Equall proportion In The sd payment : Allsoe The sd Widdow Sarah Hauks to have The bigest of The Lower Rooms In The Dwelling house wheir she now Resides together with The Bed and Bedsted and furniture In sd Room and Improovement of The Household stuff and provision for Meat and Drink comfortable Dyet During her Abode with her sons In said House to be provided By John Hauks The consideration of The sd six pounds together with The premises The said widdow Sarah Hauks Doth Accept of, and rest satisfyed 8r contented with.

It. Agreed and Consented unto, That Moses Hauks (In consideration of The Lands willed To him By his Grandfather Adam Hauks and out of The Love that he Beareth to his Bretheren and Relations) The said Moses Doth Accept off and for ever to Rest satisfyed with The said Lands willed to him, and which he now enjoyeth viz as m' John Hauks decean and said Moses Agreed said Trect of Land or Lands to be Bounded, all and every The sd Bounds to stand firm and good without any molestation of any of his Bretheren; As Allsoe The sd Moses Hauks to have a certain percell of Land which his father John Hauks Dyed Seized off, six Acres be It more or Less Adjoining to the Lands of Moses Hauks Neer his Dwelling house Bounded Norwardly by a Brook and soe on to his own Lands called by The name of The horse pastor; The sd Moses Is hereby Allsoe discharged from paying any debts due from The estate of his father John Hauks deceasd or any Legacies whatsoever . and the south Bounds of said six Acres by a white oak tre, & ym west to a Rock And soe on to a Red oak Tre And see To The Brook.

It Agreed and Consented That John Hauks son to John Hauks deaceasd Is to have The Dwelling house of his father deceasd together with one hundred Acres of Land And meddow Adjoining be It more or Less Butted and Bounded westerly upon the Land of mr Geffords Norwardly upon The Land of Adam Hauks deeeasd southwardly upon the Brook Adjoining to the Land of Moses Hauks Estwardly upon The Land of Moses Hawks & Lyn Comon.

It Agreed And Consented That Thomas Hauks have his divisionall part of Land one Hundred Acres be It more or Less Butted and Bounded Southward upon The Land of Moses Hauks by a Brook which Runs Through Dexters marsh Soe called, westerly upon the Land of Sd Moses and Said Brook Estward upon The marsh called Dexters Marsh . Norward upon The Land of Sd Moses . Hauks

Essex County, MA: Probate File Papers, 1638-1881.Online database. New England Historic Genealogical Society, 2014. (From records supplied by the Massachusetts Supreme Judicial Court Archives.)

Agreed And Consented unto By Ebenezer Hauks and his Guardian Francis Hutchinson That The sd Ebenezer doe Accept of his Divisionall part of Land for his portion out of his fathers estate one hundred Acres within The Bounds of his fathers farm deceas‘d Be It more or Less Butted and Bounded Eastwardly at a great Rock with an heap of Stones and from Thence by a line to The Bridge neer The old orchard, westward by The side of Thomas Hauks his orchard and from the corner of the orchard westward to a stake by The Brook which Adjoins to Moses Hauks his Land . Southward upon the Town Comon . Allsoe a certain percell of Land to be The Sd Ebenezers which John Hauks deces‘d exchanged with The Town of Lyn Lying on Saugust River Adjoining to The Land of Moses Hauks.

Agreed and consented to That Mercy Hauks Have for her portion forty pounds In or as silver mony to Be paid By John Thomas and Ebenezer each to pay an Equall proportion Ebenezer his proportion when he Arives at The year of Twenty and one and John and Thomas To pay Their proportions to Sd Mercy within The Complement of fewer years next Ensuing The date of These presents, The sd Bretheren paying The Sd sum of monys to their sister Mercy, She doth discharg The State of her father deceasd In reference to her claim of her portion.

And for The Tru performance of The premises according to all Tru Intents and purposes we The Above mentioned persons Respectively Concerned have hereto set our hands and Aflixed our seals This fourth Day of September Anno Domini . one Thousand Six hundred ninety and fower.

Furthermore its Agreed before ye Signing Sealing 8: acknowledgment hereof . That John Hawkes & Thomas Hawkes & ffrancis Huchison Guardian to Ebenezer Hawkes shall Pay all ye Just Debts of ye Said John Hawkes Deceasd Out of their part & portion & ye rest to be no wayes Chargeable for ye Same.

Sign’d Seald and deliverd In The presents of us
Hananiah Hutchisson
beniaman Larrabe
Benjamin Hutchisson

Sarah  (her mark) Hauks (seal)
Moses Hawks (Seal)
John hawkes (Seal)
thomas hawkes (Seal)
ffrancis Huchison Guardian & behalfe of Ebenezer Hawkes  (Seal)
Marke of Elizabeth Hawk guardian to her son Jno Hawkes

Sarah Hawkes Moses Hawkes John Hawkes Thomas Hawkes . & Marcy Hawkes all personaly appeared before me ye Subscriber Judge of ye probate of Wills &c in ye County of Essex & acknowledged This Instrument together wth what is anexed relating to ye payment of ye debts to be thier act & Deed . This 3rd Day of December I694.
Barth Gedney

The Mayflower Descendant, 1620-1920: A Quarterly Magazine of Pilgrim Genealogy and History, Volumes 17      Massachusetts Society of Mayflower Descendants., Boston, Ma. 1915 pp222-228

1 comment:

Sharon Anthony Connors said...

Interesting. John Hawkes is my 7th GGF.