Examination of David Atwater's will, in connection with knowledge obtained from other sources, providess information on his children. One of his six sons, Joshua, had removed to Wallingford, Connecticut, where he married, June 24, 1680, Lydia Rothwell, and died soon after, leaving no children. One of his four daughters, the eldest child, Mercy, who married John Austin, died in child birth in 1683, and the will related to her children.
There are special bequests of lands to each of the surviving five sons, David, John, Jonathan, Samuel and Ebenezer, determined in relation to the portions of the estate already received by each. Two of the sons had already been established in business in New Haven, namely, Jonathan, whose name appears in the list of "Proprietors of New Haven, Conn., in year 1685," the bequests to him being, in the words of the will, "besides what also he hath already received," and the youngest son and child, Ebenezer.
The portions of the estate already received by these two sons may have been the requisite money capital for business, and possibly the town lot (now 120 to 128 College Street, north of Elm), assigned to David in the original division of the lands, with its improvements and the house and land formerly owned and occupied by Joshua, on what was known as Fleet Street, bought by David from Joshua 19th June, 1665, after the removal of Joshua to Boston—which house is said to have been occupied by the descendants of David for more than two hundred years—neither of these properties appearing in the inventory of his estate in 1692. To each of the three remaining sons there is a specific bequest of a homestead.
To David Atwater, Jr., whose name was in the list of Proprietors in 1685, as follows.
Item. I doe Ratify and Confirm to David Attwater, junior, my eldest son, my old House, Barn and Orchard, which he already possesseth, and twelve acres, lying on both sides ye creek, adjoining to meadow of Issac Turner's, and twenty acres of upland, ten to ye Cornfield and ten in ye Neck, soth halfe that peese of land fensed in on ye west side of Road and ye Rock.
To John Atwater, whose name was in the list of Proprietors in 1685, as follows.
Item. I doe give and bequeath unto my son, John Attwater, ye House and accommodations at Wallingford, with ye Rights and privileges and appurtenances thereunto belonging, wch I bought of Samuel Potter, with two acres of meadow I had of John Dod, formerlv Ephraim Young's land, and one acre more of silt marsh next ye River, lying near my son David's.
To Samuel Atwater, whose name was not in the list of Proprietors in 1685, as follows:
Item. For all the Rest of my lands, both uplands and meadow, with my dwelling house, barne and other buildings, wth the Orchard, privileges and appurtenances, I give to my son, Samuel, to be to him and to his Heires forever.
And for these lands and meadows, above mentioned, given to my other sons, my will is that it be to them and to their Heirs forever. And my further will is yt, if any sons see Cause to sell any of their lands, they shall first offer it to their Brothers, that they may have ye first refusal.
It would appear that there had been three divisions of lands to the planters, according to their original agreement, the third division, as indicated in the inventory, being about one hundred acres to him:
Item. From my owne 3d Division, and wt I had of my son John, I give and bequeath unto my ffour sons, David, Jonathan, Samll and Ebenezer, to be equally divided between them.
And forr all ye Rest of my p'sonal estate, movables and stock of cattle, my will is it be equally divided between all my children, at least to ye vallew of it, my Grandchildren, sons of my daughter Austin, to be included for one share."
On December 9, 1691, he recorded his equal care for all his children in an Appendix to his will, without the formality of witnesses, in these words:
Know all men whom it may concern, that I, David Attwater, Senr, Doe upon further consideration, and from a desire to promote love and peece among my children, and to make, as neere as I can, an equall distribution of that estate wch God hath given me, I Doe heereby, as my will, give to each of my children, out of Samuell's part, five pounds, to be paid out of ye stock of cattle or as he may think best.
Probate record:
This Appendix to ye will admitted by all of ye children & ye Court as if proved by witnesses. Agrees with ye Original Text.
Wm. Jones, Clerk.
These extracts from the will of David Atwater, of Royton in Lenham and Cedar Hill, New Haven, end with its opening and closing words:
Know all men by these p'sents, that I, David Attwater, Senr, of New Haven, in ye Colony of Connecticut in New England, though weak of body, yet of Competent, sound understanding & memory, Doe Make and Ordaine this as my last will and testament, in manner and fform following:
Imprimis. I comend my sowle unto the hands of God, through Jesus Christ, my Redeemer, & my body to the earth, to be buried in a Comely and desent manner, according to the discression of my executors hereafter named."
Lastly. I doe hereby constitute and appoint my loving son-in-law, John Punderson, and my son Samuell, to be Executrs of this, my last will and testament. And Capt. Moses Mansfield, Overseer. And Doe order my son-in- law, John Punderson, and my son Samuell, to pay him twenty shillings for his trouble. And I doe hereby Revoak and make voyd all former will or wills. And Declare this to be my last will and testament.
In Witness whereof, I have hereunto set my hand & seale this fourteenth day of April, one thousand six hundred ninety-one. 1691.
David Attwater. [Seal.]
Signed, sealed and delivered in p'sense of
John Sayre
Sworn in court:
Samuel Sayre
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