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Lechford's " Manuscript Note Book " " gives articles <strong>of</strong> agreement<br />

between John Warham, Pastor <strong>of</strong> ttie church <strong>of</strong> Windsor, <strong>and</strong> Jane his<br />

wife, executrix <strong>of</strong> the last Will <strong>and</strong> Testament <strong>of</strong> Thomas Newberry, Gent.,<br />

deceased, <strong>and</strong> Richard Wright. The editor adds the following note :<br />

" This instrument discloses a fact not previously ascertained, that Jane, the second<br />

wife <strong>of</strong> Rev. John Warham, <strong>and</strong> the mother <strong>of</strong> his children, was the widow <strong>of</strong> Thomas<br />

Newberry <strong>of</strong> Dorchester. Mr. Warham's first wife died in the autumn, or early in<br />

December, 1634 (VVinth., i. app. A. 55). Mr. Newberry was early engaged in the<br />

movement for emigration to Connecticut, <strong>and</strong> had sold a portion <strong>of</strong> his Dorchester<br />

property with a view to removal, when prevented by death in December 1635, or<br />

January 1636. By his will, made December 12, 1635, he gave his wife Jane ^200.,<br />

<strong>and</strong> constituted her his sole executrix ; <strong>and</strong> the rest <strong>of</strong> his estate was left to his chil-<br />

dren. . . . Mr. Warham <strong>and</strong> Mr. William Gaylord were named overseers <strong>of</strong> the<br />

will (Geneal. Reg., vii. 29 ; History <strong>of</strong> Dorchester, p. 69). It is not certain whether<br />

Mr. Warham married the widow at Dorchester, or after the removal <strong>of</strong> the family to<br />

Windsor ; but the former is the more probable. . . . [T.] "<br />

The second Plenry (12) Wolcott was an importing merchant, but<br />

much engaged in public affairs both <strong>of</strong> State <strong>and</strong> Church, having been<br />

" one <strong>of</strong> the nineteen gentlemen prominent in the Colony who were named<br />

in the Charter <strong>of</strong> Connecticut. He was elected a member <strong>of</strong> the House<br />

<strong>of</strong> Deputies in 1660, <strong>and</strong> <strong>of</strong> the House <strong>of</strong> Magistrates in 1662, <strong>and</strong> suc-<br />

cessively after until his death." By a codicil to his Will he devised his<br />

houses <strong>and</strong> l<strong>and</strong>s in Toll<strong>and</strong> <strong>and</strong> Wellington to his eldest son Henry <strong>and</strong><br />

his heirs male, on certain conditions ; or, in default <strong>of</strong> such heirs, to the<br />

heirs male <strong>of</strong> his other three sons <strong>and</strong> their heirs forever. It was plainly<br />

his wish <strong>and</strong> intention to follow the Enghsh law <strong>of</strong> inheritance <strong>of</strong> l<strong>and</strong><br />

but, on the death <strong>of</strong> his eldest son Henry, without male issue surviving<br />

him, there arose a disagreement in the family, <strong>and</strong> the English law was<br />

finally set aside by a colonial Court.<br />

' Archaeologia Americana. Transactions <strong>and</strong> Collections <strong>of</strong> the Am. Antiq. Society. Cambridge,<br />

1885, vii. 124-25.<br />

173<br />

;

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