Will of Ichabod Norton

Because of the importance of this will, its impact on the migration of families back to the Vineyard, and the names and relationships named in the will, I felt it was an important piece for people to use.

 

WILL of Ichabod Norton of Edgartown Mass. Dukes Cty

Ichabod died June 29 1847. Probate File # I/980

Know all men by these presents. That whereas we the subscribers for and by ourselves and our Attorneys. Viz: Peter Norton of Madison in the State of Maine in his own right and Attorney for Elihu Norton of Farmington, Earl M Norton and Abraham S Norton both of Madison in the State of Maine; Also Josiah Butler of Norridgewalk in his own right and in the right of his wife Lydia Butler, and Attorney for Cornelius Norton. Elijah Butler, Martha Williams, Peter Butler, Sally S Butler, Joseph Norton, Sarah Smith, Martha Blake, Henry Butler, and Sarah Vaughn, wife of Ebenezer Vaughn all in the State of Maine and Asa H Butler of this: and John Butler of the State of New York and Polly Norton and Deborah Norton, deceased, in his right and share of three fifths of the aforesaid Polly & Deborah deceased. Also Isaac Norton of Edgartown, Attorney to the aforesaid Deborah & Polly Norton in the right and share of one fifth and to the heirs of the Widow Bailey, late of Farmington deceased.

As also David Davis of Edgartown attorney for Drummond Farnsworth in the Estate of Joseph Parker

Also Eben Norton of Tisbury, Attorney for the heirs of Bassett Norton of Avon deceased.

Also Contant Norton of Edgartown Attorney to the aforesaid Deborah and Polly Norton in the right and share of one fifth

Also James S Norton of Farmington in the State of Maine, Attorney to Francis Norton and wife Lydia Norton

Also John T Norton of Tisbury, Attorney for Edward Butler in the right of his wife Mehitable Butler and James Gower in the right of his wife Susan Gower

Also Stephen Kidder of Edgartown, Attorney for Polly Davis, Tristram Norton, S Cornelius Davis in the right of his wife Hepsibah Davis; Also Charles Kidder of Edgartown, Attorney for Winship Norton of Norridgewalk

Also George W Norton of Farmington, Attorney for Elijah Norton, Samuel B Norton, Elizabeth Pickford, Clarissa Norton, Martha Coney, Lydia Flint, Peter Norton & Eben Norton

Also Elisha T Smith of Edgartown in his right of Hannah Heald and Zebulon Norton

Also James N Luce of Edgartown in his right of Hannah Heald and Zebulon Norton

Also James Norton of Farmington for himself and Ann Norton

Also Ephraim Norton of New Vineyard for himself and Deborah Forsyth of Chelsea in the State of Massachusetts and Eliza Lambert in her own right. Also Love Cottle of Tisbury for herself in her own right being all severally interested and heirs as law in and to the Estate of the late Ichabod Norton Esq. Edgartown deceased. Do by ourselves and by our several attorneys to divide and make partition of certain tracts of land belonging to the Estate of the said deceased agreeable to the several shares which we represent in the said premises

Firstly a certain tract of land situated in Edgartown and known by the name of the great woods. Also one other tract of land situated in said Edgartown over the neck so-called and bounded as follows. On the North by lands of Shubael Norton and James N Luce, on the East by the middle line so called on the south by lands of Rufus Davis and others, on the West by the Lagoon Pond. It is also further understood and agreed by as that in making the aforesaid division that all divisions transfers made by and among ourselves the said divisees by our legal representatives whether by deed of seizon quit claim, or other conveyances under seal or otherwise, shall be considered as binding in law on each of us, and all of us as it would have been had the same been done by the order of any court where in the same would have been coquizeable. There is nothing in this agreement which shall hinder any one of the devisees from having his share set off separately or (silt?) off in common with others as he or they may (please?) all expenses or costs arising or accruing in making the aforesaid partition shall be paid by each one in proportion to this several shares and interests in the said estate. It is further agreed that this instrument shall be agreed to and signed by the persons therein named or their attorneys on or before the expiration of thirty days from the date hereof otherwise it shall remain void and of no effect.

In witness where of we have hereunto set our hands and seals this twenty third day of April in the year of our lord eighteen hundred and forty nine.

Signed, sealed and agreed to in presence of Stephen Skiff witness for Peter Norton, Josiah Butler, James S Norton, George Norton Attorneys to the subscribed names by them signed.

( the list of names as follows)

Peter Norton, for himself

Elihu Norton

Earl M Norton

Abram S Norton

By their atty Peter Norton

Josiah Butler for himself

Lydia Butler

Cornelius Norton

Elijah Butler

Martha Williams

Peter Butler

Sarah S Butler

Joseph Norton

Sarah Smith

Martha Blake

Sarah Vaughn

Asa H Butler

John Butler

(on the other side)

We the subscribers agreed upon the following men to divide said land viz:

Benjamin Davis

Benjamin Luce

Elijah Norton

Benjamin F Norton

Ebenezer Norton By their Atty Constant Norton

-----ph Norton (part blanked out on the copy – may be Joseph)

Peter A J Norton

Deborah S Norton by their Atty Constant Norton

Constant Norton, Atty, in the right of his wife Caroline Norton

Elizabeth Norton

Asenath Norton

Sarah B Backus by her Atty George W Norton

Deborah Norton

Polly Norton

Henry Butler by their Atty Josiah Butler

Francis Norton

Lydia Norton by their Atty James S Norton

George W Norton for himself

Elijah Norton

Samuel B Norton

Elizabeth Bickford

Clarissa Norton

Martha Coney

Lydia Flint by their Attorney George W Norton

Eben Norton Attorney for the heirs of Bassett Norton

Ephraim Norton for himself

Deborah Forsyth by her Atty Ephraim Norton

James Norton for himself

Attorney for Anna Norton

James N Luce

Eliza Lambert

Elijah a Bailey

Mary S Bailey

James Bailey 2nd

Deborah C Bailey by their Attorney Isaac Norton

Lydia B Norton

Drummond Farnsworth by his Attorney David Davis

Ichabod Norton

Tristram Norton

Polly Davis

Hepsibah Davis in her right Cornelius Davis her husband

By Stephen Kidder their Attorney

Winthrop Norton by his Att. Charles Kidder

Elisha T Smith By Zebulon Norton

Hannah S Heald

Lovey Cottle

John T Norton Atty for Edward Butler and his wife

James Gower & Susan his wife and for Edward Butler in the right of Abigail Butler

Hannah M Davis witness for D Davis

We the undersigned having been appointed by agreement of submission dated the twenty third day of April in the year of our Lord one thousand eight hundred and forty-nine for the purpose of making a just and equal partition and division of certain tracts of land described between the heirs of Ichabod Norton Esquire late deceased, and others, owners and tenants in common of said tract of land and assigning to them or their attorneys their respective shares according to their several witnesses there in – have attended to the duty and do make the following report of their doings. To wit: in that tract of woodland called and known by the great woods we have assigned and allotted to Josiah Butler in his own right and attorney for Lydia Butler, and Elijah Butler, Henry Butler, Asa H Butler, Sarah S Butler, Martha Blake, Sarah Vaughn, Martha Williams, Sally Smith, Joseph Norton, Cornelius Norton, John Butler, Peter Butler, Betsey Hovey, Angeline Hovey, Jonathan V Norton, and Constant Norton, in the right of his wife, Caroline, and attorney for Benjamin F Norton, Ebenezer Norton, Joseph Norton, Peter A L/J Norton and Deborah S Norton. Isaac Norton in the right of his wife Lydia R Norton, and attorney for Elijah N Bailey, James M Bailey, Wm C Bailey, (David Davis crossed out), Mary S Bailey, Deborah C Bailey. – David Davis Attorney for Drummond Farnsworth in the right of Joseph Butler – Stephen Kidder Attorney for Hebsibah Davis and Tristram Norton and Polly Davis. John P Norton Attorney for Mahitable Butler and Susan Gower – Peter Norton in his own right and Attorney for Elihu Norton, Abram S Norton and Earl M Norton – Asenath Norton, Elijah Norton and Sarah B Backus all that part of the said tract of woodland includes within the following boundaries viz: Beginning at the Southwesterly corner of said land adjoining the land of (Benjamin?) Kidder at a stake and (Stones?) running northeasterly by said Kidder’s land one hundred and seven rods or all it comes to the Gore then sixty nine rods by said Gore to a stake and stones. Then Southwesterly about sixty three and a half rods to a stake and stones. Then East Southerly seven rods then southwesterly about nineteen rods or till it comes to the road leading from Edgartown to Holmes Hole, then by said road and the land of John Cleveland to the first mentioned bounds, being sixty nine rods.

We have assigned and allotted to George W Norton in his own right and Attorney for Samuel B Norton, Clarissa Norton, Elijah Norton, Martha Coney, Betsey Bickford, and Lydia Flint. Sarah Smith by her Attorney – Josiah Butler, Josiah Butler Attorney for Martha Blake in her own right, Stephen Kidder Attorney for Hepsibah Davis – Francis Norton and Lydia Norton in her own right all that part of said tract of land included within the following lines and boundaries viz: beginning at a stake and stones at the northeast corner of the allotment set to Josiah Butler and others and running east southerly sixty one rods or till it comes to the road leading from Edgartown to Eastville, then by said road southwesterly about fifty three rods to a stake and stones, then West northerly by stake and stones sixty one rods or until it comes to said Josiah Butler’s division; the northeasterly by said Butler’s land about fifty two rods to the first mentioned bound. We have assigned and allotted to Love Cottle all that part of said tract of land included within the following boundaries viz: Beginning by the said road leading to Eastville at the southeast corner of the division set to George W Norton and others at a stake and stone and running southwesterly at the said road three and one half rods to a stake and stones; the west northerly about sixty one rods or till it comes to the division set to Josiah Butler and others, then north easterly by said Butler’s division three and a half rods till it comes to the division set to (crossed out Josiah Butler) George W Norton and others; then by said George W Norton’s division about sixty one rods till it comes to the road. We have assigned and allotted to Elisha T Smith all that part of said land included within the following boundaries viz: Beginning at a stake and stones by the above road at the southeast corner of the division allotted to Love Cottle and running south westerly by the road about eight rods to a stake and stones; then west northerly about sixty one rods till it comes to a stake and stones by the division allotted to Josiah Butler and others; then North easterly by said Butler’s division about eight rods till it comes to the division allotted to Love Cottle; then east southerly by said Love Cottle’s division to the first mentioned bounds. We have assigned and alotted to Eliza Lambert all that part of said tract of land included within the following boundaries viz: Beginning at the southeast corner of Elisha T Smith’s division at a stake and stones by the above road and (……ing?) Southwesterly about four rods and ten feet to a stake and stones; then west northerly about fifty four rods to a stake and stones; then northeasterly about four rods and ten feet till it comes to the division allotted to Elisha T Smith; then east southerly by said Smith’s division about fifty four rods to the first mentioned bound. We have assigned and allotted to Charles Kidder Attorney for Winthrop Norton that part of said tract of land included within the following boundaries viz; Beginning at the southeast corner of the division allotted Eliza Lambert to a stake and stones by the road and running southwesterly by the road about four rods and ten feet to a stake and stones then west northerly about fifty four rods to a stake and stones; then northeasterly about four rods and ten feet to the division set to Eliza Lambert; then by said division East southerly about fifty four rods to the first mentioned bounds.

We have assigned and allotted to Eben Norton attorney to the heirs of Bassett Norton that part of said tract of land included within the following boundaries viz: Beginning at the south east corner of the division assigned to Charles Kidder, attorney for Winthrop Norton at a stake and stones by the road and running south westerly by the roada bout four rods and ten feet to a stake and stones; then west northerly about fifty rods to a stake and stones; then northeasterly about four rods and ten feet till it comes to the division allotted to Charles Kidder attorney for Winthrop Norton; then by the said Winthrop division about fifty four rods to the first mentioned bound.

We have assigned and allotted to John L/T Norton attorney for Edward Butler that part of said tract of land included within the following boundaries viz: Beginning at the southeast corner of the allotment set to Eben Norton Attorney for the heirs of Bassett Norton at a stake and stones by the road and running south westerly by the road about four and a half rods to a stake and stones; then northeasterly four and a half rods to the division set to the heirs of Bassett Norton then east southerly about fifty four rods by the land of said Bassett heirs to the first mentioned bound.

We have assigned and allotted to James Norton in his own right and attorney for Anna Norton, Ephraim Norton in his own right and attorney for Deborah Forsyth, John T Norton attorney for Mehitable Butler all the part of said tract of land included within the following boundaries viz: Beginning at the southeasterly corner of the allotment set to John T Norton attorney for Edward Butler at a stake and stones by the road and running southwesterly till it comes to a road leading from Edgartown to Homes Hole then running west northerly about sixty one rods till it comes to the allotment assigned Josiah Butler and others then north easterly by said butler’s allotment about nineteen rods to a stake and stones; then east southerly seven rods by Butler’s division to a stake and stones, then by the land set to John T Norton attorney for Edward Butler to the first mentioned bound about fifty four rods.

(Margin – Farm Neck) In that tract of land known by the name of the Indian land or a cross the neck, we the undersigned have assigned and allotted for Josiah Butler in his own right and attorney for Lydia Butler, Elijah Butler, Henry Butler, Asa H Butler, John Butler, Peter Butler, Sarah S Butler, David Davis attorney for Drummond Farnsworth, Josiah Butler attorney for Martha Blake, Sarah Vaughn, Martha Williams, Sally Smith, Joseph Norton and Cornelius Norton, Stephen Kidder attorney for Polly Davis, Hepsy Davis and Tristram Norton and John T Norton for Edward Butler. And Thomas Norton and Lydia Norton in her own right and Lydia B Norton wife of Isaac Norton and Isaac Norton attorney for Elijah Bailey, William C Bailey, James W Bailey, Martha S Bailey, and Deborah Bailey, Caroline Norton in her own right, Constant Norton attorney for Benjamin F Norton, Ebenezer Norton, Joseph Norton, Peter A J Norton and Deborah S Norton, Asenath North, Elizabeth Norton and Sarah B Backus in her own right – Betsey Hovey, Angeline Hovey, and Jonathan V Norton by their attorney Josiah Butler – all that part of said tract of land included within the following lines and boundaries via: Beginning at a stake and stones at the middle line and running south westerly about eighty rods till it comes to a fence adjoining the land of Rufus Davis then West Northerly by the land of Rufus Davis and the heirs of Samuel Daggett till it comes to the Lagoon Pond; then by said pond northeasterly to a bound equally distant from the land of James A (Ives?) formerly owned by James Davis and others; and the land belonging to heirs of Samuel Daggett then from said bound to a straight line by stakes and stones and marked trees about two hundred and fourteen rods to the first mentioned bounds.

We have assigned and allotted to Love Cottle that part of the above tract of land described by the following boundaries viz: Beginning at a stake and stones by the middle line which is the boundary between that part of said tract allotted to Josiah Butler and others and that and that part assigned George W Norton and others and running west northerly by said Butler’s land twenty nine rods to a stake and stones; then northeasterly thirty five rods to a stake and stones; then east southerly twenty nine rods to a tree marked by the middle line fence; then southwesterly about thirty six and a half rods by said fence to the first mentioned bound.

We have assigned and allotted to George W Norton in his own right and attorney for Elijah Norton, Samuel H Norton, Clarissa Norton, Martha Coney, Elizabeth Bickford, Lydia Flint and Susan Gore – Eben Norton attorney for the heirs of Bassett Norton that part of said tract of land described as follows viz: Beginning at a marked tree by the middle line fence at the northeast corner of Love Cottle’s lot and running west northerly by Love Cottle’s and Peter Norton and others land fifty two rods to a stake and stones; then northeasterly by said Peter’s land about thirty five rods till it comes to the fence adjoining the land of James N Luce; then east southerly by said Luce’s land about fifty two rods to the middle line fence; then southwesterly by said fence about forty four rods to the first mentioned bound.

We have also assigned and allotted to said George W Norton and others that part of said tract of land described and bounded as follows viz: Beginning at the north east corner of the land set off to James N Luce at a stake and stones by the fence and running east southerly by said fence till it comes to a stake and stones by the land set to Charles Kidder; then running south forty five and one half degrees west by stakes and stones and marked trees about sixty six rods to the land assigned to Josiah Butler and others; then west Northerly by said Butler’s land about sixty rods to a tree marked; then northeasterly by James Norton and others and Peter Norton and others about thirty six rods to the land set off to James N Luce; then by said Luce’s land about thirty six rods to a stake and stones then northeasterly about thirty two rods to the first mentioned bound

We have assigned and allotted to James Norton in his own right and attorney for Anna Norton, Ephraim Norton in his own right, and attorney for Deborah Forsyth; and to John T Norton attorney for Mehitable Butler that part of said tract of land described by the following boundaries viz: Beginning at the south westerly corner of Love Cottle’s division and running west northerly by stakes and stones about seventy five rods by the land assigned to Josiah Butler and others; to a stake and stones by Charles Kidder’s land, then north forty five degrees east by said Kidder’s land twenty three rods to a stake and stones; then east southerly by Peter Norton and others about seventy five rods or till it comes to Love Cottle’s land then south westerly by Love Cottle’s land twenty three rods to the first mentioned bound.

We have also assigned to said James Norton and others that part of said tract of land described as follows viz: Beginning at a marked line at the south westerly corner of the land assigned to George W Norton and others and running west northerly by land of Josiah Butler and others about fifty rods or till it comes to the Lagoon Pond. Then north westerly by said Pond about twenty one rods till it comes to land of Peter Norton and others; then east southerly by said Peter’s land about fifty rods till it comes to the land assigned to George W Norton and other; then south westerly by said George’s land about nineteen rods to the first mentioned bound.

We have assigned and allotted to Peter Norton in his own right and as Attorney for Elihu Norton, Abram S Norton and Earl W Norton that part of said tract of land described and bounded as follow viz: Beginning at a stake and stones at the north east corner of the land assigned to James Norton and others by Love Cottle’s share and running west northerly by said James Norton’s land about seventy five rods to a stake and stones by Charles Kidder’s land to a stake and stones; then by Kidder’s land north easterly about twenty nine rods to a stake and stones; then east southerly by said Kidder’s land about thirty two and a half rods to a stake and stones; then northeasterly about fourteen rods to the land of James N Luce; then east southerly by said Luce land twenty rods; then south westerly by George W Norton and others thirty five rods to a stake and stones; then east southerly twenty three rods to the land of Love Cottle to a stake and stones, then about twelve rods to the first mentioned bound by the land of James Norton and others.

We have also assigned and allotted to said Peter Norton and others that part of said tract of land described and bounded as follows viz: Beginning by the Lagoon Pond at the south west corner of the land set off to James N Luce at a stake and stones and running east southerly about forty four and a half rods by said Luce’s land to a stake and stones then south westerly by land assigned to George W Norton and others about seventeen rods to a stake and stones or till it comes to the land all allotted to James Norton and others; then west northerly by said James’ land about fifty rods or till it comes to the Lagoon Pond; then by said pond northeasterly about nineteen rods to the first mention bound.

We have assigned and allotted to Charles Kidder attorney for Winthrop Norton and to Eliza Lambert in her own right that part of said tract of land described and bounded as follows viz: Beginning at the north east corner of the land allotted to George W Norton and others at the stake and stones and running east southerly by James N Luce’s land about forty rods to a stake and stones by Peter Norton’s land; then south westerly by said Peter’s land about fourteen rods to a stake and stones; west northerly by said Peter’s land about thirty one and a half rods to a stake and stones, then south forty degrees west by land of Peter and James Norton fifty two rods to a stake and stones by Josiah Butler’s land; then west northerly by said Butler’s land eight and a half rods to a stake and stones by the land of George W Norton and others, then north fifty five degrees east by said George W Norton and other sixty six rods to the first mentioned bound.

We have assigned and allotted to James N Luce that part of said tract of land bounded and described as follows viz: Beginning at the north west corner of the land set to Peter Norton and others at a stake and stones by the Lagoon Pond and running northeasterly by said Pond till it comes to the land of said James N Luce formerly owned by James Davis and others then east southerly by the fence to a stake and stones by the land of George W Norton and others, then southwesterly by said George and others thirty two rods to a stake and stones; then west northerly by the land of George W Norton and others and Peter Norton and others about seventy eight rods to the Lagoon Pond or first mentioned bound.

Edgartown May 24 1849

Benjamin Davis, Benjamin Luce, Elijah Norton Commissioners


Commonwealth of Massachusetts

Dukes County ss May 13 Ad 1849

Then personally appeared before me Elijah Norton, Benjamin Davis and Benjamin Luce all of Edgartown and made oath that they would truly and impartially according to their best skill and judgment make division betwixt party and parties of certain lands assigned them by the heirs of the late Ichabod Norton Esq agreeable to the Bond entered into by the said heirs.

Entered June 30 1849

At 6 PM James H Butler, Justice of the Peace