Sentimental Sunday - David Godfrey's Will Proved February 24, 1783

David Godfrey of Chatham, Mass and Horton, Nova Scotia is my 6th great grandfather.  I have been looking for David Godfrey's will for some time.  It was not where it was supposed to be.  I reviewed the Will Book of probate records from Kings County, Nova Scotia, which is where he died, but no sign of his will.  I contacted the Kings County Probate Court and they couldn't find a copy, either.

I had nearly given up, but I had found the Genealogical Society of Nova Scotia website. The website didn't have a copy of David Godfrey's, but they did have a section which helped you connect with other people with similar research interests.

It so happens that I connected with Bill Kennedy who had a copy of the will and had used it as a critical document to help him write the article David Godfrey of Chatham, Mass., and Horton, Kings Co., Nova Scotia, which appeared in the October 1991 edition of American Genealogist.

In the article it identified that David Godfrey's will was to be found in the earliest Hants County, NS will book on p. 44.  Since I always want to have a physical copy of the documents, I requested a copy of the will book through my local LDS Family Research Center.

Here is my transcription of the Will of David Godfrey of Horton, NS proved on February 24, 1783

In the name of God Amen, I David Godfrey of Horton in Kings County in the Province of Nova Scotia, being weak in body but perfect soundness of mind and memory (blessed be God) and calling to mind that it is appointed for all men once to die, do this Twenty Second Day of July In the year of our Lord one Thousand Seven hundred and seventy four make ordain and publish this my last will and testament in manner following, And first of all I recommend my soul to God that gave it, and my body to the dust to be buried in decent Christian burial at the discretion of my executors herein after named and those worldly goods and estate wherewith it hath pleases God to bless me in this lifeI give and bequeath the same in manner following after paying my just and funeral charges --- 

Imprimis   I give and bequeath to my beloved wife Priscilla the use and improvement of all real and moveable estate and the privilege of comfortable house so long as she shall continue my widow.  Also, I give and will unto my said Wife Priscilla the use and improvement of so much of my real estate as she shall find necessary or requisite for her comfortable support and subsistence so long as she continues to be my widow and in case my said wife during her widowhood shall by from of providence be reduced to necessity and not well supported by the profits of such my real estate of the improvement of such my personal estate, my Will is, that is that case she may and I hereby give unto her good rights to sell some part of my real estate as shall really be needful for her support ---- 

Item   I give unto my son David Godfrey five pounds to be paid out of my real estate by my executors  --- 

Item   I give unto my son Jonathan Godfrey all my real estate that shall remain after payment of said five pounds to my said son David and after the death of my said wife Priscilla or after her marrying another husband, with my dwelling house and barn, to him his heirs and assigns forever and also I give to my said son Jonathan the use and improvement of such part of the dwelling house and barn and all my real estate that shall not be found necessary for the comfortable dwelling and support of my said wife Priscilla, during her widowhood ------ 

Item   I give unto my daughter Anna Allen two third parts of all my personal or movable estate after the decease of my said wife Priscilla, or at here marrying another husband 

Item   I give unto my granddaughter Elizabeth Bishop one third part of my moveable or personal estate after the decease of my said wife
And lastly   I do hereby constitute make and ordain my said beloved wife Priscilla and my said son Jonathan Godfrey sole executor of this my last will and testament and too hereby disallow revoke all and every other and former testament, Wills, Legacies, bequests and executors by me heretofore made ratified and confirming this and no others to be my last Will and testamentIn whereof I have herein to set my hand and seal the day and year written 

Signed
David Godfrey

Witnessed 

Nathan DeWolf     Anna DeWolf     Elijah Crane 

Special thanks to Bill Kennedy to sharing his great research with me and informing me of where I could find a copy of the original will information.

One of the best things about researching family history is the people that you connect with that are willing to help you in your research.  

Black Sheep Sunday: Noah Fuller’s illegitimate Child

I feel like I should start a blog series called “Ancestors Behaving Badly”.

While doing some research of my ancestors from Horton, Nova Scotia, I came upon records indicating that Noah Fuller (Born: 1750), my 4^th great grandfather, was charged with an “Order of Filiation”.

I was unfamiliar with the term, but learned that it is commonly a legal action to connect the birth father with an illegitimate child and force the parent to pay for the child's support.

I obtained a copy of the document and here is a transcription.

Kings County 

The order of Lebbeus Harris and Nathan Dewolf esquires, two of his Majesty’s Justices of the Peace in for the said county  and both residing in Horton near to the township of Cornwallis in the said county, made the fourth day of May in the year of our Lord one thousand seven hundred and seventy eight [1778] in [the] morning a female bastard child, lately born in the township of Cornwallis aforesaid, of the body of Abigail Pierse [I am unsure it is Pierfe or Pierse due to the way “S” was written at this time] singlewoman.

Whereas it hath appeared unto us the said Justices as well upon the complaint of Joseph Pierse Esq. and Mr. James Fillis  principle inhabitants of the said township of Horton, as upon the oath of the said Abigail Pierse that she the said Abigail Pierse on the fifth day of April, was delivered of a female bastard child at Cornwallis aforesaid in the said county, and that the said child likely to be chargeable to the said township of Horton, and further that Noah Fuller of Horton in the said county yeoman did beget the said bastard child in the body of her the said Abigail Pierse, and whereas the said Noah Fuller hath appeared before us, in pursuance of our summons for that purpose and hath not showed any sufficient cause why he the said Noah Fuller shall not be the father of the said bastard child :  We therefore upon examination of the cause and circumstances of the [unknown word], as will upon the oath of the said Abigail Pierse as otherwise do hereby judge him the said Noah Fuller to be the reputed father of the said bastard child…… 

And thereupon we do order, as well for the better belief of the said township of Horton, as for the sustententation and relief of the said bastard child, that the said Noah Fuller shall and do forthwith, upon notice of this our order pay or cause to be paid to the overseer of the poor of the said township of Horton or the same of the sum of four pounds…….for and towards the lying in the said Abigail Pierse and the maintenance of the said bastard child to the time of making this our order….. 

And we do hereby also further order, that the said Noah Fuller shall likewise pay or cause to be paid to the overseers of the poor of the said township of Horton the sum of three shillings weekly every week from this present time for and towards the keeping sustenation and maintenance of the said bastard child, for and during so long time as the said bastard child shall be chargeable to the said township of Horton…. 

And we do further order the said Abigail Pierse shall also pay or cause to be paid to the said overseer of the poor of the said township of Horton for the time being, or to some one of them the sum of three shillings…..

Weekly every week so long as the said bastard child shall be chargeable to said township of Horton, in case she shall not nurse and take care of the said child herself….

It is unfortunate that the order doesn’t give us any insight into the circumstances of Abigail and Noah’s relationship.   Noah was married to his wife, Elizabeth Bishop on November 6, 1777.  So it would appear that Abigail become pregnant by Noah prior to his wedding to Elizabeth Bishop.  Noah and Elizabeth stayed married and had at least 9 children together.

My understanding that the governments main concern in the event of an illegitimate child was making sure that a father was found to prevent the local government from the burden of paying for the child's care.

Being about 200 years removed from the event, I am intrigued about what happened to Abigail and Noah’s daughter.  The child is never named in the order.  Did she have the last name Fuller or keep the name Pierfe/Pierse?  How old was Abigail when she gave birth?  Did she ever marry?  I have not been able to find anything about her or her mother. 

If you have the belief that “these types of things” didn’t happen back in the “good old days”, it just goes to show that things may have not been quite so different than they are today.