Generation
Divided between them including my Wives' third part in each parcel. If any of my said Sons should Decease before he is twenty one then the Survivors of my sons shall have the Same equally between them and shall pay to each of my Daughters in money or equivalent thereto one Sixth part of that part of my Estate which Did by right Belong to the Deceased. And my son Joseph to have his part in my Housing and Homestead.
3rdly. My will is that Each of my Daughters, Esther, Abigail and Martha shall have out of my Personal Estate including what each of them has already had and by Me set out to any of them the Sum of one Hundred and thirty pounds apiece and if my Personal Estate be not Sufficient to make up the Sum then to be Equally made up to each of them by Each of my Sons Surviving and in Case any of my Daughters should Decease before She arrive at Lawfull age to Receive her Part in my Estate as above then that part shall be Equally Divided Between my Surviving Children.
4thly. If my Personal Estate after my Just Debts and Widows thirds be taken out be more than enough to Satisfy my Daughters Each one her part as above then the remainder shall be Equally divided between my Surviving Daughters.
I ordain my well beloved wife Esther and my Son Joseph to be Executers of this my last will and testament, etc. etc. . .In witness whereof I have hereunto Set my hand and Seal the day and year above written.
Daniel Maltbie. Signed, Sealed, published and Declared by ye said Daniel Maltbie as his Last will and Testament in presence of us Subscribers.
Josiah Frisbie,
Uzall Wardell,
Samuel Maltbie."
Branford January 8th 1731-2
"Then Personally appeared Capt. Samuel Maltbie, Mr. Uzall Wardell and made Oath that they Saw Mr. Daniel Maltbie, Late of Branford, Dec'd. Sign, Seal and Declare this Instrument to be his Last Will and Testament and that they with Mr. Josiah Frisbie did then Signe thereunto in his presence as witnesses Judging him to be of Sound mind and Clear under- standing at ye time thereof.
Before me, Jno. Russell, Jus. Pac.
Note. In Daniel Maltby's will, 1731, there is no mention of Mary, b. 1703, Branford; nor of William, b. 1705, Branford; nor of John, b. 1722. It is evident that Mary left no descendant or Daniel would have mentioned his grandchild. Mary would have been 28 years old in 1731. Deacon Charles Foote in his MS. Genealogy of Maltby (p. 17, Maltby-Morehouse Family) states, "Mary, (dau. of Daniel) mar. ---- Goodrich." This may well be the case, as we find: "July 5, 1730, Capt. Malbie's deed from Goodrich. Land in Litchfield from William Goodrich of Copateneck, in ye province of Mass. Bay, Yeoman, lately of Litchfield, to Samuel Maltbie of Branford, of several parcels of land in the Cretch of Bantam or Mill River for # 220. (Litchfield Rec., Vol. I, p. 596)"
Daniel's son William evidently never married; and Daniel's son John would have been but nine years of age in 1731---hence must have died in his boyhood.
(The complete will of Daniel Maltbie was printed in the "Maltby- Maltbie History, pp. 280, 281).
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