Notes for Daniel EMERY

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Notes for Daniel EMERY

Reverend Rufus Emery's 1890 book, "Genealogical Records of Descendants of John and Anthony Emery of Newbury, Mass." showed that Daniel Emery was the son of James and Elizabeth Emery. He is listed as person 8 of the Descendants of Anthony Emery on page 313. The book shows he was married on March 17, 1695, to Margaret Gowen, alias Smith, who was born November 15, 1678, and who died November 21, 1751. This book shows Daniel Emery was a noted surveyor of land, having been elected surveyor of Kittery, 1706-1717, and selectman 1704-1712 and 1718. In 1712 he was elected to attend the surveyors appointed by General Court to run the lines of the town, and in 1718 one of the Commissioners to mark the line between the common rights of Berwick and Kittery and to mark the division between Berwick and Kittery. He was moderator in 1707 and 1718. He was chosen deacon of the Congregational Church, Berwick, Maine, in May 1703 and elder on November 21, 1720. He was probably one of the original members or "foundation brethren" of that church. He made his will on April 5, 1722, which was proved November 8, 1722. He died October 5, 1722.

Jeff Card's information shows that Daniel Emery married Margaret Gowen on March 17, 1695, in Kittery, Maine. It also confirms that he died October 15, 1722, and that his will, dated April 5, 1722, was probated November 8, 1722, and inventory returned, January 22, 1723, County of York, province of Massachusetts. He was a yeoman, a noted surveyor, often selectman, and Deacon of the Congregational church at the parish of Unity, now South Berwick.

The book "New England Families Genealogical and Memorial: Volume IV," by William Richard Cutter, originally published in 1913, and reprinted in Baltimore by Genealogical Publishing Co., Inc., 1996, available on the internet in January 2000 in the Family Tree Maker Online Library on page 2010 shows "Daniel, son of James Emery, was born September 13, 1667, and died October 15, 1732. He resided in Kittery and Berwick, and was a noted surveyor. He was surveyor of Kittery, 1706-13. and selectman several years. In 1718 he was one of the commissioners to mark the line between Kittery and Berwick. He was moderator in 1707-18. He was elected deacon of the Berwick church in May, 1703, and elder November 21. 1720. His will was dated April 5, 1722, and proved the November following. He married, March 17, 1695, Margaret Cowen, alias Smith, born November 15, 1678, died November 21, 1751. Children, born in Berwick; Daniel, June 26, 1697; Noah, December 11, 1698; Simon, mentioned below; Zachariah, March 12, 1704-5; Margaret, March 3, 1706; Caleb, October 17, 1710; Ann, March 19, 1712-3; Joshua, June 30, 1715; Tirzah, September 19, 1717; Huldah, August 4, 1720."

Daniel Emery's will is listed on pages 232-235 of the book "Maine Wills 1640-1760" available on the internet in January 2000 in GenealogyLibrary.com. It shows:

"Probate Office, 3, 93.

"In the Name of God Amen the fifth day of Aprill in the Year of our Lord one Thousand Seven hundred and Twenty two, I Daniel Emery of Kittery in the County of Yorke in his Majesties Province of the Massachusetts Bay in New England Yeoman, being Very Weak in Body but of Perfect mind and Memory thanks be given unto God, therefore calling into Mind the Mortallity of my Body and knowing that it is Appointed for all men once to Dye, Do make and Ordain this my last Will & Testament, That is to Say Principally and first of all I give and Recomend my Soul into the hands of God that gave it and my body I Recommend to the Earth to be buried in decent & Christian like manner att the Discretion of my Executrix Nothing Doubting but att the General Resurection I Shall Receive the Same Again by the Allmighty power of God, and as touching Such worldly Estate wherewith it hath Pleased God to bless me in this life I give Demise and Dispose of the Same in the following Manner & form

"Imprimis I give & Bequeath to Marget Emery my wife (whom I do hereby Constitute my Sole Executrix) All my Movable Estate of every kind & Quallity Excepting two Steare & a young Mare for Simon Emery & a feather bed & Beding for my Eldest Daughter Margaret Emery, also I give to my Said Executrix the whole vse of my homsteed to her Self & Disposing for the Space of ten years and the Mill & Previledge and timber all that is reserved in Daniel and Simons Deed, and the old part of the Dwelling house and the Lower room in the North End of the new part of the house and her gardain with the Out house & Cellers and Previledge of the Spring She being to Maintain bring up and Educate all my young Children During the Said term of tenn years upon the Said Estate and to pay all my due Debts & Funeral Charges in Convenient time after my Decease She haveing Liberty to Sell any Movable thing and the Mill the Previledge and Timber for paying the Same

"Item I give to my Eldest Son Daniell Emery a tract of Land Bounded by York pond & by the brook running out of it, & by the Maish brook with the other Bounds Mentioned in his Deed Dated the thirtyeth of Janry Last all the Said Land Marsh and Meadow Adjoyning on the North Side of Said Bounds for his Portion.

"Item I give to my Second Son Noah Emery the New part of my Dwelling house with the Previledge of his Shop And a Gardain of three rods down Square from the North west Corner of his Shop & off to the lane And the Previledge of the Spring and after tenn years to have all the Land & building on the West Side of the Main Road & one third part of my Land at the third Hill to him & to his Heirs Executors Administrators or Assignes forever after my Decease Reserveing to my wife the Old house & the aforeSd Room in ye New & her Gardain & the third part of the Produce of the Land below the house So far as the bounds of that Land I gave him in a deed Dated the Second day of Aprill 1722 During her life, he Mannageing it and after my wifes Decease to pay to Caleb Emery my Son Six pounds and to Joshua nine pounds as they Come to age after ten Years if my wife Should dye before, & if She lives Longer to be paid after her Death.

"Item I give to my Son Simon Emery all my Land Marsh and Meadow adjoyning on the East & South of Daniels bounds According to his Deed Dated the Second of Aprill 1722 & the aforeSd Steers and Mare as his portion

"Item I Give to my Son Zachriah Emery all my Land att home Adjoyning on the East Side of the Main Road after ten years (not Selling without giveing the Refusall of it to his brothers that any of them may buy as Cheap as another) and it Shall be mannaged to the Best Advantage & the third part of the hay fruit of all Sorts, Cyder Corne & every Sort of grain that Shall be Sowed thereon Shall be brought in and paid to my wife att the house I have Appointed her & after her Decease to pay unto my Daughter Margaret Emery fifteen pounds, & to my Daughter Anne Emery fifteen pounds, & to my Daughter Tirzah Emery fifteen pounds & to my Daughter Huldah Emery fifteen pound as they come to age, & if either of them Dye before they come to age the Surviveing Daughters or Daughter Shall have the Portion of the Deceased, also I give to him one third of my Land att the third Hill and my wife another third part thereof.

"Item I give to my Son Caleb Emery a tract of Land in Berwick of forty Acres Near a Little River & a Meadow called Grants Meadow Bounded in one Corner by a great Rock & the aforeSaid Six pounds to be paid unto him after my wifes Decease when he is of full age by Noah Emery, And to Joshua Emery my Son I give all my Swamp & Upland Adjoyning att the head of Daniel & Simons Land & the aforesd Nine pounds to be paid by Noah after my wifes Decease when he is of full age And if Either of these two Dye before he comes to full age, the other Shall have and Injoy his Portion as his own, My four Daughters being before Mentioned their Portions And I Do Hereby utterly Revoke Disallow & Disannul all and every other former Testaments Wills Legacies and Bequests & Executors by me in any wise before Named Willed & Bequeathed Ratifying and Confirming this and No other to be my Last Will & Testament.

"In Wittness whereof I have hereunto Set my hand & Seal the Day & year above written

"Signed Sealed Pronounced & Daniel Emery (Seal)
Declared by the Said Daniel
Emery to be his last Will and
Testament in the presence of us
Nicolas Gowen
Richard Chick
his
John ?? Hearl
mark

"Probated 8 Nov. 1722. Inventory returned 22 Jany 1722-3, at ś748: 19: 8, by Samuel Shorey, Jonathan Nason and Timothy Waymouth, appraisers."

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