"WILL OF THOMAS BURGESS: I, Thomas Burgess, Senr., of Sandwich, being through God's goodness full of years, and waiting for my change, and yet having my understanding remaining with me,--blessed be God,--and also through God's great goodness being possessed of a competent outward estate, do now on serious consideration make this my last Will and Testament, touching the disposal of my estate after my dear wife and myself be decently buried, and all necessary charges defrayed, and all debts paid, the remaining part I give as followeth:
Item. I give unto my eldest son, Thomas Burgess, of Rhode Island, five pounds out of my movable estate, to be paid by my executors after our decease.
Item. I give unto my son, Jacob Burgess, upon good consideration all my house-lot, dwelling-house, barn and out-houses, all my upland on both sides of the cartway, all that belongs to my homestead dwelling. I also give him all my meadow that I have lying below Michael Blackwell's dwelling-house on both sides of Scussett river, for him my said son Jacob Burgess to enjoy, use and possess during his natural life; and after his decease I give the said dwelling-house, barn and all the forementioned land, both upland and meadow, to his son Thomas Burgess, my grandson to him and his heirs forever. But if my said grandson die without heirs, then my will is that the said house and lands above-mentioned shall return to the next heir of my son, Jacob Burgess. I give also to my said son, Jacob Burgess, all my land lying near and adjacent to Thomas Tupper's lands below the cartway, having Mr. Freeman's land on the western side. These I give to him upon this condition, that he, my said son Jacob Burgess, pay or cause to be paid unto my grandson Thomas Burgess, son of my son John Burgess, ten pounds in good pay, to be made to him my grandson, at twenty-three years of age.
Item: I give unto my son, Joseph Burgess, the first and second lots that adjoin his other lands near his house, if my said son accept them so as to pay unto my son, John Burgess, five pounds; but if my son Joseph refuse said lands upon such terms, as to pay said five pounds as aforesaid, then my will is that said land return to my son, Ezra Perry, and that he perform the condition,--I mean by two lots, those lots that were once [illegable] , then I give them: I give to my said son, Ezra Perry, all my other lands that lie above the said two lots, for him to enjoy forever, the which lands I bought of Mr. Edward Freeman, Jr.
Item. I give to my dear wife all my movable estate, to be at her own disposing at her decease. I mean chattels of all sorts that I may have.
And I do appoint and ordain my son, Ezra Perry, and my son, Jacob Burgess to be my executors to see this my last Will performed, as I witness under my hand and seal, this fourth day of April, 1684.
Thomas Burgess.
Witness--
Thomas Tupper,
Martha Tupper--
Who made oath in Court before the Governor and Mr. John Thatcher, Assistant, that they saw Thomas Burgess sign, seal and declare this to be his last Will and Testament, and that to the best of their judgment he was of a disposing mind when he so did.
March 5, 1685
Attest: Nathaniel Morton, Secretary. "
NOTE: Ezra Pery refered to as son, was a son-in-law
