Fhird Generation

5.  MARGARETC3 SPENCER (2. Patience2 William1), born circa 1632, died by 1673 (husband's second marriage); married as his first wife before Mar 1653 (birth of first known child) DANIEL1 GOODWIN, believed to be the Daniel Goodwin born Yoxford, Suffolk, England 1617 (IGI) or 1620 (rickmorgan@mediaone.net; CFAA), died by 16 Mar 1712/3 when his son Thomas took administration of his estate (MPA 2/100, #6985), son of Daniel and Dorothy (Barker) Goodwin.  Daniel married second after July 1673 widow SARAH (Sanders) TURBET, daughter of Lt John Saunders of Wells and Cape Porpoise, and widow of Peter1 Turbet.

            Margaret's father, Thomas Spencer, provided very well for her, his eldest daughter, as seen in the following excerpt from YD 2:79:

The deposisun of Nicholasse Hodesden & his wife Aged 40 years & upward.  These deponants being sworen saith that about fifteene or sixteene yeares agooe that Thomas Spenseer being att quamphegon at the howes wee then lived in said that he had given the on half of his half part of the mill & Timber thereunto belonging being on quartor part of the mill unto Daniell Goodin for his dafters Portion Nickhollas Hodsden & his wife reploied & said neyhbouer Spenser I wish you well to Consedar what you doe for you had many Children & every on would have a lettell & you cannot give every one such A Portion & he answared & said that shee wase the Eldest dafter & hee had don yt & farther saith not:/ Taken upon oath this 18th day of Aprill 1670

   Daniel was in Kittery by 1652, as he deposed in Aug 1701 that he had been a resident of the upper part of Kittery for fifty years.  If he is the Daniel of Yoxford as suggested above, he could have been the Daniel Goodwin with  brother Stephen who were headrights for land in VA for their uncle William Barker, captain of the ship America.  In 1702 he appears on a list of the original members of the Berwick Church.  While there was an earlier church by 1663, no records survive (Old Kittery Families, 195fl) and there was no official Congregational Church in Berwick before 1702 (Joseph Anderson, personal communication).

            Daniel Goodwin was a keeper of a public house in Kittery for many years.  He was also town commissioner and sergeant, constable for 1662/3 and coroner in 1668.  In 1711, Daniel and second wife Sarah gave a deed to his son Thomas for the homestead in return for maintenance during their natural lives (YD 7:220).

            Daniel's last child, SARAH GOODWIN, was his second wife's child, rather than Margaret's.  This daughter Sarah, born ca 1674, married Berwick 6 Dec 1694 Isaac Barron of Chelmsford MA, a soldier assigned to guard Berwick, and had at least four daughters recorded in Chelmsford, surname Barron: 1. Sarah, b 29 Sep 1695  2. Mary b 11 Sep 1698  3.  Elizabeth b 9 Sep 1700  4. Hannah b 14 Oct 1703.

Children, born Berwick ME (Seaman, "Daniel Goodwin", 271), surname GOODWIN:

18        i.            PATIENCEC4 b 23 Mar 1653.

19        ii.           DANIEL, b ca 1656.

20        iii.          THOMAS, b ca 1657.

21        iv.           JAMES, b ca 1658.

            v.         (probably) ADAM, b after 1656; d after 1675 (LND).  He was absent from meeting in 1675.

22        vi.            WILLIAM, b 1663 (R Morgan, CFAA).

23        vii.           MOSES, b ca 1665.

24        viii.          ELIZABETH b 1661 or ca 1666.

6.  MARYC3 SPENCER (2. Patience2 William1), born circa 1634; drowned with her husband Nov 1664 when John Cole's small barge sank on a trip to Boston (qv); married about 1656 THOMAS ETHERINGTON, on whose estate administration was granted to Thomas and William Spencer 18 July 1665 (MPC I:221).  An inventory was submitted to the Suffolk Co Probate Court in Boston which totaled  £94(Suffolk Wills, 293 and MPC I:226).

At a meeting of the Magistrates and Recorded, at Boston, the 8th September, 1665...Whereas Thomas Ethrington of Newichewannok, perished with His wife in the sea, Coming for Boston.  The County Court being then Informed thereof, & that Zechariah Gillam had his Chest & severall goods in his Custody, the Court, on his Motion, appointed Marshall Richard Wayte & Thomas Fitche, Late Constable, to take into their Hands the said Chest & Goods & Bring a true Inventorye thereof into Court...And Wm. Spencer, the sonne of Thomas Spencer, & Brother in Law to the said Thomas Ethrington, appearing Before the Magistrates & Recorder, desiring administration to ye Estate of said Late Thomas Ethrington as it Lyeth heere, & in Yorkshire [Maine]... The Magistrates Judge it meete to graunt him, the sd Wm. Spencer, Administration to the Estate of Thomas Ethrington, both there & heer...in Behalfe of the children of the Late Thomas Ethrington...Thomas Ethrington, Deceased, sometime Inhabitant of the Town of Kittrye, at Newitchewanneck, whom with his Wife was Cast away in John Coles Lighter in November 1664... (ibid)

Children (LND, 224), surname ETHERINGTON:

25        i.            PATIENCEC4, b ca 1656.

26        ii.           MARY, b about 1658.

7.  SUSANNAC3 SPENCER (2. Patience2 William1), born Berwick ME circa 1636; died after 13 June 1684 (LND, 393); married first circa 1657 (LND, 254-255) Ensign JOHN GATTENSBY, died S Berwick about 1670 (TMS), administration granted 4 Aug 1671 to Richard Waldron (LND, 254), grandson Daniel Wadley/Wadlin was granted administration on 15 May 1718 (MPA 2/208); married second Kittery before 1 July 1673 (MPC II:254) EPHRAIM2 JOY, born Boston MA 7 Dec 1646/7, baptized First Church of Boston 28 Dec 1646/7, died Kittery (S Berwick) before 1699, son of Thomas1 and Joan (Gallup) Joy (Joy Family in Maine).  Ephraim was ten years Susanna's junior.

            John Gattensby was licensed to keep an ordinary at "Newgewanacke" (S Berwick) in 1670 (MPC II:192).  He was deeded land in Unity (Berwick) from Thomas Spencer 20 June 1662 and bought half of Tatnic (a region in the west of Wells bordering what is now S Berwick) in 1664 (LND, 254).  After Gattensby's death, it was ordered that his widow "now the wife of Ephraim Joy" be given her thirds in her late husband's estate (MPC II:254).  Ephraim and Susanna Joy went to Hingham MA after their marriage.

Children with first husband (LND, 254-6; YD, 6:61), born after 1657 and before 1672, surname GATTENSBY:

            i.            JOHNC4, b prob Wells.  He bought fishing supplies from Philip English in 1687 (LND, 254).

27        ii.           MOSES.

28        iii.          ELIZABETH.

Children with second husband (LND, 393), surname JOY:

29        iv.           EPHRAIMC4, b Kittery ca 1675.

30        v.            TABITHA, b Hingham MA 25 Sep 1677.

8.  HUMPHREYC3 SPENCER (2. Patience2 William1), born Berwick ME circa 1638; died 19 Dec 1700; married first circa 1673 (LND, 650) ELIZABETH SHEARS of Cape Neddick, York Co, ME, daughter of Jeremy and Elizabeth Shears (LND, 626); married second before 25 July 1676 (LND, 650) GRACE _____, who was living 2 Apr 1686, when she joined Humphrey in a deed at Portsmouth.

            This family removed to Portsmouth from York in 1676, and lived on Great Island, where they operated a public house and ferry (LND, 650).

            One Sunday afternoon instead of going to the second sermon, Humphrey Spencer and some relatives and neighbors met and began drinking.  A fight ensued in which Daniel Goodwin struck Humphrey over the head with a stool.  Both men were fined at the County Court 25 Apr 1670 (MPC II:185).

            In Sep 1687 William Haines was found guilty of slander for saying that "Humphrey Spencer and his Mother [Patience] Spencer were the Cause of the Said Humphrey [first] wifes Death by Poysoning her."  Haines was fined 10s and court costs (MPC III:262).

            Humphrey made his mark to a deposition taken by Robert Elliot in Apr 1689  about the laying out of land in the western cove of Spruce Creek (MPC IV:27).

            Considerable controversy came to bear over the S Berwick land that had originally been immigrant Thomas Spencer's in 1704 when Humphrey Spencer's title to it was questioned.  From these court papers we learn a great deal about Thomas Spencer's arrival (MPC IV:172-4).  Humphrey Spencer of Berwick, vintner, sold for £.9.0 to Mr John Wade, minister, upland bordering Wade's land with the caveat that he could not provide clear title regarding the claim of Robert Tufton Mason and his heirs (YD 4:69-70 dated 16 Sep 1700).  Samuel Allen of Newbury MA and London, England, merchant, successfully sued Humphrey Spencer for trespass and ejectment on one hundred acres of upland and meadow with the houses and buildings, the garden, orchard and all appurtenances in Kittery, stating that the land was that of Capt John Mason, who had purchased it from Sir Ferdinando Gorges of London, both deceased, and that Allen had received it from Mason (York Co Court of Common Pleas, July Term 1704, File 4-6).

Children (LND, 650) with first wife, surname SPENCER:

31        i.            HUMPHREYC4, b S Berwick about 1674.

            ii.           THOMAS, a small boy in Oct 1685, apprentice to Thomas Parker who was accused of abusing him.  He died a young man.

            iii.           MARY, perhaps the Mary Spencer of Berwick b about 1702 who d 19 or 20 Apr 1704 after some months suffering with "Strangury" (NHGR 3:101); unm.  This Mary may be confused with #39, who went on to marry Joseph Jones and Jacob Allen.  It has not been possible to determine which of them died of stranguary.

9.  ELIZABETHC3 SPENCER (2. Patience2 William1), born Berwick about 1640 or 26 Mar 1648 (Gene Pool), married first by 12 May 1674 THOMAS CHICK, baptized Ottery St Mary, Devon, England 27 Dec 1641 (parish record), died after 1683 (MPC III:188), son of Richard and Johan or Alice (RWC) Chick (Chick Family typescript, MSL) of Roxbury and Boston MA; married second before 29 June 1687 (YD 5:86) NICHOLAS TURBET of Kittery (TMS), born perhaps 1648, living 6 Jan 1707/8 (MPC IV:343), son of Peter and Sarah (Sanders) Turbet.  The research of Katherine Gary and Robert W Chick is gratefully used in this line.

            On 13 Apr 1671 Thomas Wills received a grant of land in Kittery (later Berwick) "for the use of Thomas Chick's family" (Berwick TR, 24 Mar 1719/20, 75).  The Chicks were in Essex Co MA with three children 1678-9 during the Indian unrest and ordered returned to Newichawannock from Manchester in 1679 (LND, 783).

            Thomas Chick gave bond on 12 June 1666 that he would be "of good behavior towards all persons, espetially towards the wife of Davie Hamelton" (MPC I:273).  His wife, Elizabeth, confessed to "abuseing of her Aunt Wells [Lucy Treworgy Chadbourne Wills] by slanderous and groundless accusations" and was ordered to publicly acknowledge her offense twice or be whipped (MPC II:491, 12 May 1674).

            Like her parents, Elizabeth may have been a Quaker, for she and her second husband were presented in court 7 Apr 1696 for not attending the public worship (MPC IV:75) and she alone was presented 5 Jan 1696/7 for the same offense (ibid, IV:88).  They were presented again the next year and failed to appear, for which Nicholas was sentenced to sit in the stocks one hour and Elizabeth was admonished (ibid, IV:110).

Children with first husband, surname CHICK:

            i.            ELIZABETHC4, b about 1675, mentioned in Essex Co warning out; living 26 Nov 1683 when she was given twenty-five acres of land in the woods near Wilcox's pond as her share of the estate of her grandmother, Patience (Chadbourne) Spencer, her parents to have free use of the land during their natural lives (MPC III:188).

32        ii.           RICHARD, b before 1679.

33        iii.          THOMAS, b ca 1678.

34        iv.           MARGARET, b after 1679.

            v.            MARY, b ca 1680.

Children with second husband, born circa 1680s, surname TURBET:

35        vi.            SARAHC4.

36        vii.           ELIZABETH.

10.  MOSESC3 SPENCER (2. Patience2 William1), born Berwick about 1642 (TMS), died circa 1693 (LND, 651), married before 1 July 1679 ELIZABETH (FREETHY) BOTTS, widow of Isaac Botts who was killed by Indians 16 Oct 1675.

            In Mar 1673/4 Moses had 50 acres at Pipe Stave Landing (LND, 651).  He was a planter and lived in S Berwick.  Administration on Isaac Botts estate was granted to Moses Spencer 1 July 1679 (MPC II:356).  Administration on Moses Spencer's estate was not granted until 19 Apr 1720 (MPA 3/56, 154).

            Elizabeth had a daughter with her first husband, surname BOTTS: Elizabeth, born 1673, married 20 Nov 1694 Samuel Brackett (LND, 100).

Children, born Berwick (LND, 651), surname SPENCER:

37        i.            MOSESC4, b ca 1680.

38        ii.           ISAAC, b ca 1682.

            iii.          PATIENCE.

39        iv.          MARY, b about 1684.  (See #8.iii.)

11.   Lieutenant HUMPHREY3 CHADBOURNE (3. Humphrey2 William1), born Kittery circa 1653; died Berwick 1694 (BVR, 205); married before Sep 1678 when their first child was born SARAH BOLLES, born Wells 20 or 26 (Early Marriages of Strafford Co NH) Jan 1657, died probably Berwick after 10 Nov 1707 (letter of son Humphrey, below) and before Dec 1708 (when Benjamin Nason married third),  daughter of Joseph and Mary (Howell) Bolles.  The widow Sarah (Bolles) Chadbourne married second (as widow of Williamêapparently a transciption error, Early Marriages of Strafford Co NH) after May 1700, when Benjamin's last child with his first wife was born (KVR, 12) Benjamin Nason of Berwick, who died 1714. Benjamin had married first (by Rev John Pike) 30 June 1689 Martha Canney, b 5 Feb 1669, d before 1708, daughter of Thomas; and married third Portsmouth NH 27 Dec 1708 (NEHGR 5:40; LND, 504) Elizabeth (Martyn) (Kennard) Furber.  (See Joseph Anderson, "Mary Nason, Wife of William Chadbourne of Berwick, Maine", TAG, Apr 1993.)

            In Jan 1690/1 Sarah witnessed the will of her brother-in-law Charles Frost (MW, 118). A land record has been found in which Benjamin and Sarah, his wife, conveyed property in Berwick (YD 7:50).  Both were signed with her distinctive, large "S".

            In the collections of the Maine Historical Society, a letter from Humphrey4 Chadbourne to his cousin Joseph Bolles survives to reveal the second marriage of the widow Sarah (Bolles) Chadbourne:

            Pray Lit.  For Mr Joseph Bolles At Ipswich []


            Novembr ye 10th 1707

            Loving Cozen  my Love Remmberd to yu hoping this will find yu in good health as I am at this present time  I am desired by my Mothor to send to yu she hath bin sick & under ye doctors hands all this sumer [crossed out] summer & is Like to be for all winter If she lives for she has Lost ye use of her lims & can not stride nofurthor than she is helpt  She Remmbers her kins love to yu & desires it to Let it not be known that yu owe her money but keep it privt be cause she has a Cross Husband  he is for geting all she has in ye world & that will not Content him but he thretens to take away all that I have to [too]  I lately went to see her & was privte with her & she Cryd bitterly & told me his unkindness that he intended quickly to try wth me for what Estate I have for he says it is his wives & he is informed to [too] that mother has mony in yr hand which he intends [crossed out] presently to fetch but pray let it not be known that I sent to yu nor to any body lest it should come to his Ears & should fix up more strife  If he should send tel him it is payd long ago & yu have nothing to say to them when you have perusd this burn it & keep all privit  for news we have none

            Mr Wise is publishd to Cozen Mary Shipway & is to be Ordained in this month

Loving Cozen
Humphry Chadbourn

(MHS, Coll. S-1664)

Sarah Bolles has a well-established royal descent from Edward I, King of England (1272-1307) and many earlier Kings of England, Scotland and France, as published in Ancestral Roots of Certain American Colonists by Frederick Lewis Weis, 7th Edition [1992] compiled by Walter Lee Sheppard, Jr.  Her father, Joseph Bolles, was baptized at Worksop, Nottinghamshire, England 19 Feb 1608, son of Thomas and Elizabeth (Perkins) Bolles Esq of Oberton Manor (ibid).

            Humphrey had several grants of land from the town of Kittery, including one on 13 Apr 1671, which implies that he was adult at this date.  In Nov 1673, Lt Edward Hayes was fined 20s for his "tumultuous carage in takeing of Humfrey Chadborne by the throate pretending hee was in Jest, as owned by him selfe" (MPC II:482).  We are not told what the "jest" was about.  Humphrey complained his sawmill was taxed too much (1688 letter at MA Hist Soc, Jeffries Coll II, 95).  He was a selectman for Kittery in 1692-93.  In a writ issued 23 Dec 1695, Sarah Chadbourne, widow of Humphrey, was called to appear at the Inferior Court of Common Pleas in Jan 1695/6 to answer to the charge that Humphrey sometime in 1693 had improperly cut and carried away five or six loads of hay from the widow Mary Twisden's marsh at York (MPC IV:63).

            Humphrey died relatively young, and at his death his estate of  £72(MPA) was called insolvent.  The greater part of the family property had remained in the capable hands of his mother Lucy.  After legacies were paid to his sisters, Humphrey's only real income was from half of the mill left by his father.  Undoubtedly the difficulty with Indians limited the procurement of logs for long periods.  The Chadbournes were credited with having good relations with local Indians, but others came long distances to attack white settlers (LND, 134).  He owed the Stilemans (his mother's last husband) sums of money at his death, which debt was forgiven to his children in Lucy's will (qv).  Sarah was appointed administratrix of Humphrey's intestate estate 16 May 1695 (MPA 1/22, 69).

            At the 5 Jan 1696/7 session of the court, Kittery presented the widow Sarah Chadbourne for not frequenting the public worship of God upon the Lords day (MPC IV:88).  She appeared at court the next session, 6 Apr 1697, and was fined 5s 6d (MPC IV:91).  It was presumably this Sarah Chadbourne's house mentioned in the deposition of Hannah Hobbs 17 Aug 1699 (MPC IV:248).

Children, born probably Berwick ME, Humphrey the eldest, the others named in the order given in Lucy's (their grandmother) will (NHSP XXXI:452-453), surname CHADBOURNE:

            i.            HUMPHREY4, b Berwick 2 Sep 1678 (BVR, 205); d Berwick 26 Jan 1763 in his 85th yr (ibid); m Kittery 6 Nov 1712 (KVR) HANNAH3 ABBOTT, daughter of Ensign Thomas2 (Walter1) and Elizabeth (Green) Abbott of Berwick (LND, 57).  He was called captain in a deposition of 1762 (YD 42:242) relating to some Indian scouting he and 44 men of Berwick did at the Ossipees in 1722, and we are told that he had been there before.  Humphrey had no children, but left a considerable estate, inherited from his grandfather through his father, which he willed to his several nieces and nephews.  His will is an excellent example of using probate to distinguish between family members (YP #2634, see MPA 11/108,111,132,216,288).  His death without children 'broke the entail' of property held in trust from the eldest son to the eldest son.  His will very explicitly spells out the relationship to his brothers, sisters, nephews and nieces.  The maps to the division of his estate prove said relationships.

            1762 Will of Humphrey Chadbourne

In the name of God, amen, The twenty eighth day of June in the year of our Lord, one thousand seven hundred and sixty two, I Humphrey Chadbourne of Berwick in the county of York, in the province of the Massachusetts bay in New - England, gentleman: being of perfect mind and memory, but calling to mind the mortality of my body, and knowing it is appointed for all men once to die, do make and ordain this my last will and testament, that is to say, principally and first of all I give and recommend my soul into the hands of God that gave it, and my body I recommend to the earth to be buried in decent christian burial at the discretion of my executor, nothing doubting but at the General Resurrection, I shall receive the same again by the mighty power of God; and as touching such worldly estate, where with it has pleased God to bless me in this life, I give, demise and dispose of the same in the following manner and form.

            Impr. I give and bequeath to my beloved sister Mary Dyer all my personal estate, my dwelling house and barn and twelve acres of land where my said house and barn stands extending to the highway and including the whole of my orchard with appurtenances and privileges to the same belonging to her, her heirs and assigns forever,

            Item: It is my will that all my nephews hold all their buildings and the spots of land they stand upon.

            Item: I give and bequeath to my beloved nephew Humphrey Fernald ten acres of my marsh at the Westerly end of my marsh, near by Bial Hamilton's land, and ten acres of my upland adjoining to said ten acres of marsh to him his heirs and assigns forever.

            Item: I give and bequeath to my beloved nephew Humphrey Chadbourne son of my brother William Chadbourne lately deceased my forty acres of land lying in Berwick woods above Adam Goodwins and below Little River, with all the privileges to the same belonging, to him, his heirs and assigns forever.

            Item: I give and bequeath to my beloved nephew Humphrey Chadbourne son of my brother Joseph Chadbourne lately deceased my old dwelling house upon the hill, and two acres of land where the house stands to him his heirs and assigns forever.

            Item: It is my will that my Executor hereafter named be paid out of my estate the charges of settling the same.

            Item: I give and bequeath to my said Nephew Humphrey Chadbourne son of my said brother Joseph Chadbourne my ten common rights of land to him, his heirs and assigns forever.

            Item: I give and bequeath to the children of my said brother William Chadbourne deceased, namely, Humphrey, Benjamin, Joseph, Sarah and Thomas fives of the one half of the remaining part of my homestead next to Salmon Fall river to be equally divided between them, to them their heirs and assigns forever.

            Item: The other sixth part of the said half of my homestead I give and bequeath to all the children of William Chadbourne deceased son of my said brother William Chadbourne, namely William, Francis Humphrey, Catharine, Elizabeth, Mary, Phebe and Joanna, equally to be divided between them, to them their heirs and assigns forever.

            Item: I give and bequeath the other remaining half of my said homestead which is the Northeasterly part thereof, to all the children of my said brother Joseph Chadbourne lately deceased, namely, to Humphrey Thomas and John and their five sisters to be equally divided between them, to them, their heirs and assigns forever.

            Item: Five parts of the one half of all the rest of my lands in Berwick and elsewhere I give and bequeath to the said Humphrey, Benjamin, Joseph, Sarah and Thomas children of my said brother William Chadbourne to be equaly divided between them, to them, their heirs and assigns forever.

            Item: The other sixth part of the one half of the rest of my lands in Berwick and else where I give and bequeath to all the children of the said William Chadbourne lately deceased son of my said brother William Chadbourne lately deceased namely, William, Frances, Humphrey, Catharine, Elizabeth, Mary, Phebe and Joanna, to be equally divided between them, to them, their heirs and assigns forever.

            Item: The other half of my lands in Berwick, and elsewhere I give and bequeath to all the children of my said brother Joseph Chadbourne lately deceased, namely, Humphrey, Thomas and John and their five sisters, to be equally divided between them, to them, their heirs and assigns forever.

            Item: It is my will that my nephew Humphrey Chadbourne of said brother William Chadbourne deceased pay all my lawful debts and receive all my debts.

            Item: I do hereby constitute, make and ordain my nephew Humphrey Chadbourne son of my said brother William Chadbourne deceased, sole Executor of this my last will and testament, and I do hereby utterly disallow, revoke and disannul all and every other former testaments, wills, legacies and bequests and Executors, by me in any ways before named, willed and bequeathed, ratifying and confirming this and no other to be my last will and testements.

            In witness whereof, I have hereunto set my hand seal, the day and year before written signed, sealed, published, pronounced and declaired

by the said Humphrey Chadbourne

in the presance of us the subscribers.
Moses Carr
Benja Warren
John Brock (Proved 5 Apr 1763)

40        ii.           MARY4, b 1680.

41        iii.          WILLIAM, b ca 1683.

42        iv.           ELIZABETH, b ca 1687.

43        v.            JOSEPH, b ca 1690.

12.  JAMES3 CHADBOURNE (3. Humphrey2 William1), born circa 1655; died 13 Feb 1686 ("The Heard Family," Genealogy of Edward Small and Allied Families, 1:467); married circa 1680 ELIZABETH3 HEARD (Stackpole), daughter of James 2 (John 1) and Susannah (Starbuck) Heard (Penobscot Pioneers).  Several respected sources have erroneously reported her mother as Shuah (Starbuck) Heard or Shuah (Conley) Heard.  Elizabeth (Heard) Chadbourne married again before 1688 neighbor Samuel3 (Francis2 Edward1) Small and had children, surname SMALL:  Elizabeth, born 1695; Samuel, born 1700; Joseph, born 1702 and Mary (KVR, 29).

            James had land granted by the town of Kittery 28 Feb 1671, with an additional 50 acres added 15 Apr 1671 (Willis, Old Eliot, 1901, 4:17, 74), which was sold by his son James Jr to Nathaniel Greene on 13 Dec 1728.  James Chadbourne's proprietor's rights in Kittery are confirmed by the over 200 acres of land he received in N Berwick (then called Kittery Commons) after Berwick was set off from Kittery in 1713.  These divisions in the western ranges of Kittery were assigned to the proprietors of Kittery.

            James and his brother William inherited their father's land at Sturgeon Creek in Berwick to be held by their mother, Lucy (Treworgy) (Chadbourne) Stileman, until her death.  By Lucy's will James4 inherited about three quarters of the property.  Nicholas Morrell, who had taken a lease from Lucy, claimed his occupation of the land.  The Sturgeon Creek map describes the property as 150 acres, but Humphrey2's inventory lists 230 acres--perhaps James kept possession of some of it.  James' property at Sturgeon Creek is the subject of an attractive map available from The CFA.  He was on the grand jury 1679 and 1685.

            Administration of James' estate was granted to his widow 21 May 1686 (MPA 2/34).  The inventory indicated 17 cattle (LND, 134).  Robert Elliot Esq, assignee of Elizabeth Chadbourne, Relict & Administratrix of James Chadbourn late of Kittery, sued Thomas Rhodes of Kittery for  £0in debt owed to James' estate, and won the case 17 Oct 1710 (MPC III:239).  The two children, both young, may have been raised in their stepfather Samuel Small's family. 

Children, surname CHADBOURNE:

44        i.            LUCIA4, b 1681.

45        ii.           JAMES, b Kittery 25 Sep 1684.

13.  LUCY3 CHADBOURNE (3. Humphrey2 William1), born about 1659; died between 1702 when she witnessed the acknowledgment of her father-in-law Peter Lewis Sr's deed (LND, 429) and 1703 when her third husband remarried; married possibly first (LND, 410) _____ LANDALL (son Thomas Landall named as grandson in  Lucy Stileman's 1699 will); married second MICHAEL HICKS of Barbados, died between 19 May 1688 when he wrote his will and 12 June 1688 when his inventory was returned (MPA 1:5); married third after 1688 as his first wife PETER2 LEWIS, born circa 1669, died before 21 June 1739 when his will was probated (MW 412; MPA 5/174 #11424), son of Peter and Grace (Diamond) Lewis (LND, 429).

            Lucy or her first husband may have been the _____ Landall admitted to the Baptist church in Boston in 1682 when several Kittery people were admitted (LND, 555).

1688 Will of Michael Hicks

            The Last Will and Testament of Michaell Hicks lyeing very weak yett retayning my perfect memory to all Christian people greeting Know ye that I doe by this make over all my Estate my Right and prrogative to any debts or other accurences due to me from any person or persons whatsoever to my well beloved wife Luce Hickes to be my true and Lawfull Executor to recieve demand & require and sue for all my right and property of Estate goods or Negroes in Barbadoes the place of my Nativity which falleth to me for my portion left by my father deceased and for the truth hereof I doe sett to my hand & seale this Nineteenth day of May Anno Dom: 1688

Michaell Hickes
            That this Testament was written from Michaell Hicks his owne mouth and Signed with his owne hand and sealed and hand delivered to his wife in the prsence of us
Humphrey Churchwood
Richard Cutt
Elizabeth Chadbourne          (MW, 105)

            Peter Lewis married second circa 1703 Elizabeth _____, who survived him and is named in his will.  In this will, proved 21 June 1739, Peter calls himself a shipwright of Kittery.

  It is quite possible that only Peter's two eldest children were also Lucy's children.  The five other daughters named in his 1739 will may have been his children with Elizabeth, ie, Mary, Katharine (m Phennicke), Sarah, Abigail (m Trafton), and Eunice.  Katharine, Sarah and Abigail were all baptized together in 1722 as young unmarried women, and Eunice was baptized five years later.

Children (LND, 410) with first husband, surname LANDALL:

            i.            WILLIAM4, b prob early 1680's; dsp.

46        ii.           THOMAS, born prob early 1680's.

Children (LND, 429) with third husband, surname LEWIS:

47        iii.           LUCY, b after 1688.

48        iv.           PETER, b before 1698.

14.  ALICE3 CHADBOURNE (3. Humphrey2 William1), born circa 1661; died York 18 Jan 1744, age 81 (gs) or 22 Oct 1727 (YVR, 476; Moulton Gen), the latter being more likely since she is not mentioned in her second husband's probate; married first Barnstable MA 5 Nov 1677 SAMUEL2 DONNELL, born York 1645-6 (aad), died York 9 Mar 1718, age 72, son of Henry1 and Frances (Gooch) Donnell (MPA 2/195,221; 3/25); married second Sep 1723 JEREMIAH MOULTON, born Hampton NH 1650, died 26 Sep (VR) or Dec 1731 (MW, 326-9; MPA 4/162; 6/24), son of Thomas and Martha Moulton.  Moulton had 6 children with previous wife Mary Young, but none with Alice (LND, 497-8).

            Hon Samuel Donnell went to sea as a youth, became a fisherman, and later owned a sawmill at Rogers' Cove in York.  He was a fisherman, miller, tavernkeeper, judge, and county treasurer.  They lived on the road to Marshall House near what is now US Rt 1-A.  There was a seventeen year age difference between Samuel and Alice.

            Alice and Samuel Donnell sued Humphrey3 Chadbourne for improperly executing the estate of their mother, Lucy Stileman, but the court found that since Humphrey Chadbourne was not his mother's executor, he could not be sued (MPC V:72).  Samuel's will names Alice and children (MW, 199-200).  Alice (Chadbourne) (Donnell) Moulton is buried near York Village, but the date on her gravestone does not match the date of her death in the York vital records (YVR, 476). 

Children with first husband (YVR, 4), surname DONNELL:

            i.            SAMUEL4, b 11 Jan 1681/2, living in 1735; m MARY _____.  Perhaps the Samuel Donnell, or father of same, who m 1748/9 Mary Ingraham, both of Biddeford (records of 1st Congregational Church of Biddeford, MHGR, 294).  He had a son Henry (Donnell ms, CFAA, submitted by Vernon Carson).

            ii.            WILLIAM, b 8 Dec 1683; d 18 Dec 1683.

            iii.           WILLIAM, b 10 Jan 1684/5.  He may be the William Peter Donnell who was captured by Indians at age 7, raised by them in the Castine area, and who became the noted Sachem Orono (see MHSQ 32/2 by James Vickery, reprinted by permission in Pied Cow 11:2/23, Summer 1994).

49        iv.           ALICE / ELICE, b 2 June 1687.

50        v.            NATHANIEL, b York 18 Nov 1689.

51        vi.           ELIZABETH, b 26 Mar 1692.

52        vii.          JOANNA, b York 12 Apr 1695.

53        viii.         JAMES, b 11 Apr 1704.

15.  KATHERINE3 CHADBOURNE (3. Humphrey2 William1), born circa 1665; died after Apr 1727, when she made a deposition at age 62 (LND, 742); married first EDWARD LITTEN or LYDSTONE of Kittery, died before 18 Mar 1691/2 when Katherine was appointed his administratrix (LND, 434); married second after 27 Mar 1693/4 (MPA 2/28) JAMES WEYMOUTH of New Castle (LND, 742), born circa 1662, son of James Weymouth.

            Katherine was known as a midwife (ibid).  Katherine Weymouth of New Castle made a deposition with her daughter Lucy on 3 Jan 1714/15, saying:

            about the Last of October or November Last Past: John Manson of Kittery was att my house on fryday Night in the first of the Evening and told me that he had Thirteene Pounds odd Mony In his Pockett Book and att the Same time he gave Me a fifty Shilling Bill and A five Shilling Bill in Exchange thereof, and he Likewise told me that this Mony was to buy Provisions for his familie and that he was A goinge to Newbery I further Testifie that he was not So much in Liquor as to Any Wayes hinder him from Doing any Business when he whent from My house (I further Testifie that I Never heard any good of Mary Genkins but that She was Allways Counted a whore a Theif and a Liar)   (MPC V:151).

            In his will, James Weymouth named his two stepdaughters and three daughters.

Children with first husband [estate of Mary (Litten) Long of New Castle, MPA 5/16], surname LITTEN:

54        i.            ELIZABETH4, b before 1691/2.

55        ii.           MARY, b before 1691/2.

Children with second husband (LND, 742), surname WEYMOUTH:

56        iii.          MARY, b about 1695.

            iv.           KATHERINE, unm in 1721 (LND, 742).

57        v.            LUCY, b Kittery ca 1702.

16.  ELIZABETH3 CHADBOURNE (3. Humphrey2 William1), born Kittery after 25 May 1667; died 1743; married Capt SAMUEL ALCOCK of Portsmouth NH, born Mar 1665 (LND, 60), died 13 Oct 1708 (NHGR 3:152), son of Joseph and Elizabeth Alcock.

            In 1691, Elizabeth "was apparently at a dance at a York tavern when the party were captured by the Indians" (LND, 60). She also kept a dry goods shop with her cousin Elizabeth (Treworgye) (Field) Cross (ibid). Samuel was a master mariner. His will, dated 17 May 1704, was proved 12 Feb 1716/7 (NHSP 31:525). Elizabeth Alcock appeared frequently in court in the 1710s, suing various people for unpaid debts (MPC V:84, etc). Elizabeth wrote her will 4 July 1743 and it was proved 28 Mar 1744, "untangling the snarl of the probates of her husband and her son as printed" (LND, 60).

Children, born Portsmouth NH, surname ALCOCK:

58        i.            SAMUEL4, b ca 1690s.

            ii.           MARY, m _____ VAUGHAN.

17.  MARY3 CHADBOURNE (4. William2-1), born Boston Dec 1644 (Boston Record Commissioners' Report 9:18); died Dover, Stafford Co, NH before 25 Jan 1686/7 (husband's remarriage); married "at the home of the Chadbournes" (LND, 241) by 1666 (daughter's birth) JOHN1 FOST, who died 18 Dec 1699 (ibid). John married second 25 Jan 1686/7 Elizabeth (Crawford) Goffe, widow of James, with whom John had more children, Samuel and Lydia. Elizabeth married third James Emery Jr.

            Mary, as the child of William Chadbourne, received a small sum in the will of her uncle Humphrey written in 1667.

            Readers should be careful to distinguish between John Foss of Rye and our John Fost of Dover, as the listing of their families have been confused and mistakenly printed in some sources. John was an English immigrant, a tailor and attorney of Dover. By 1686 he succeeded James Goff in running

Quampegan mills (LND, 221).  John made his will on 17 Dec 1699 and died the next day (LND, 241).

1699 Will of John Fost

            In the Name of god Amen

            I John fost of dover being week and in expectaion of my chainge...

            I will and bequeath to my loveing wife ye one half of my housing and homested for hur maitainece and bringing up of my two youngest Children

            I will and bequeath to my S Humphry half of my housing and lands for his one use and benephit requesting and appointing my Son in law James warrin to be his over sar counseler lest he be ronged of a comfortabel maintainence-

            I will and bequeath to my Son william one Shilling and also fourty acers of land that was granted me by the towne of dover

            I will and bequeath unto my daughter mary one Shilling

            I will and bequeath unto my daughter Jeminah one shilling

            I will and bequeath unto my daughter Elizabeth one Shilling

            I will and bequath unto my Son Samuel the half of this which i left with my wife when he comes of age

            I will and constitute my wife Sole Executrix of this my last will and testement and for considertion of all the above Saide I have heare unto seat my hand and seale this sevententh day of desember one thousand six hundred ninty and nine

Signed sealed and delvered as John Fost
his last will and testament In

presence of us
John Wade
James Emery
Alse Abbot NHPP 3:163)

Children, born probably Dover NH, surname FOST:

59        i.            MARY4, b 1666.

            ii.           HUMPHREY, apparently d before 1761 or removed.

60        iii.          WILLIAM, b 1 Mar 1673.

            iv.           JEMIMA, alive in 1702.

61        v.            ELIZABETH, b ca 1670's.


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