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Harvard Association! 1731 Family Fight Over Estate of Boston Shopkeeper & Landowner
Harvard Association! 1731 Family Fight Over Estate of Boston Shopkeeper & Landowner
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Colonial Massachusetts
Boston, Massachusetts Bay, March 14, 1732
Harvard Association! 1731 Family Fight Over Estate of Boston Shopkeeper & Landowner
ALS

[MASSACHUSETTS.] Thomas Fayrweather / Fairweather and Edward Tyng, Autograph Letter Signed, to Christopher Kilby, March 14, 1732, Boston, Massachusetts Bay. 3 pp., 8.25" x 12.75". Expected folds; general toning; small holes at intersections of folds

On May 26, 1731, 63-year-old shopkeeper Jonathan Waldo died in Boston. At the time of his death, he owned extensive lands in the Province of Massachusetts Bay, the Colony of Connecticut, and was one of thirty associated owners of the Muscungus Patent in Maine, which comprised about 500,000 acres. His personal estate was valued at more than £30,000.

The Plymouth Council conveyed the Muscungus Patent, containing some thirty miles square, in 1629. The land descended to John Leverett, President of Harvard College and great-grandson of the original grantee. Leverett divided the land into ten shares, held by ten proprietors, who subsequently added twenty other partners, known as the Twenty Associates, including Jonathan Waldo and his nephew Cornelius Waldo.

Jonathan Waldo's will named his sons Samuel Waldo and Jonathan Waldo (1697-1735), his daughter Anne Waldo (1708-bef. 1754), and his son-in-law Thomas Fairweather as the executors. Anne's new husband Edward Tyng took her place in the administration of the estate.

This extensive letter, written ten months later by his sons-in-law Thomas Fayrweather and Edward Tyng, reveals their ongoing disputes with fellow-executor Samuel Waldo, characterizing his actions regarding his father's estate as those of a "[devil] incarnate." They wrote it to native Bostonian Christopher Kilby, who worked in London as a merchant and agent for Boston interests.

Complete Transcript
Boston March 14th 1732
Sir
We suppose you cannot be insensible of the unhappy differences & misunderstandings there are among the Executors of the last Will & Testament of Mr Waldo Shopkeeper decd. which arises entirely from the Envy & Malice of his Eldest Son, Saml Waldo, whom you know very well & its pity he was not thoroughly known on tother side the Water; but to give you a Clear Idea of the Case proceedings of this man It will be necessary to enter into a detail of his whole managemts as an Executn & by the Facts we shall leave it to yourself to form a Judgment of his Morals.
The Father dyed May 25th 1731 & by his last Well and Testament made Three of his Children or his Sons in Law Sole Execurs among which is this Samuel who was in London at the time of his Father's death his Son in Law had the care of his Funeral & by Consent of the other Co-Executors then on the Spott took care of the Testators Book Specialty's &ca. & collected many of the Debts Outstanding payd off Several to whom the Estate was Indebted as well as several Legacy's & did in every thing as an Executor ought to do to the Satisfaction of his Co-Executors until the Arrival of this same Saml Waldo from London which was we think in October following, sometime after he apply'd to T. F. who was his Co-Executor & demands possession of all the Books, Bonds, & other Specialtys of the Testators which were deny'd him on Accot of his being a Debtor on the Books above £12000 for the Goods his Father Sold him when he broke of Shopkeeping whereupon he cited T. F. before the Judges of Probates & mayd Judgmt for the Books &ca. which his Honour would not because he could not Grant, therefore appeals to the Governor in Council who confirm'd the former Judgment, The he Prays for an appeal to the King in Council which was rejected, When he saw he could not Obtain his Ends with all the Obliquy & reproach reviles T. F. his Co-executor in order to slur his Character & vowing revenge to ruin him & all the other Execurs and notwithstanding the many handsome offers made to Saml Waldo by his brethren for a fair & just accommodation & settlement of the Estate; nothing will he do; nor will he be concerned with any one of them Altho. he has given out that he has made several offers but that the others would not concede but fly from one thing to another so that it was to no purpose to talk with them; which we avow to be as arrant a falsehood as er'e was utter'd, but such evasions & shifts he finds necessary to make use of to save him from the censure of mankind but all are not sufficient his managemt in his Private affairs being of the same nature. But in order to let you know what he insists upon to have of his Father's estate & without it he swears he'l never be reconciled to any of his Brethren it will be needful to give you the Paragraphs of the Will; Tho I should have Observed to you that Father at his first Outset into the World and at marriage gave him as good as £15000 I now by this Will gives him ¾ of his Estate besides; yet, like the barren Womb! he'l not be satisfied.
Now for the particular Paragraph in the Will to Samuel Vizt.
Item Whereas I have already advanced unto my son Samuel Waldo a Considerable sum of money &ca. at his first Outset in the World & at the time of his Marriage I do now give and bequeath unto my son Samuel all that Brick dwelling House, Garden Land and Brewhouse & Utensils thereunto belonging situate in Cornhill Street in Boston which I purchased of Mrs. Maccarty & all my Outlands whatsoever within the Province of the Massachusetts Bay & Land in the Town of Canterbury within the Colony of Connecticut and all my other Lands whatsoever not herein disposed of: To be holden by him his heirs & assigns for Ever. I also give my said son Samuel The sum of ffive Thousand Pounds which sum I order him to take out of the stock or Personal Estate of mine he now has in his own hands And further I give devise and bequeath unto my sd. Son Samuel his heirs and assigns my Brick dwelling house & Land Scituated at the Head of the Town Docks in Boston now in the possession of Mr. Thomas Brooks &c.
Now we will write to you the Paragraph in the Will wherein the Testator disposes of the Estate as we suppose amounts to about £200000 which is the matter so much in controversy.
Item All the remainder of my Estate both real & Personal whatsoever & wheresoever the same is or may be found I give devise and bequeath ye same unto my Children namely Samuel, Jonathan, Hannah, & Ann to be holden by them their Heirs & Assigns for ever in equal shares the whole in four equal parts to be divided part & part alike.
Now Sir you see the Will by which we're to be governed, Saml Waldo as an Executr Claims that his Debt of £12000 is Extinguish'd & swears he has a right unto £5000 paid him out of the other part of the Estate Altho his Testator says shall be deducted out of the Personal Estate or Effects he has of his in his hands which is as plain as the Shining of the Sun in his Meridian to be allowed out of the Book Debt. He likewise Claims all the Mortgage which amt to about £6000 because his Father in the Will gives him all his Outlands whatsoever whereby he Says that the Lands Mortgaged are his right Altho his Father never Vested with this Fee thereof None of them ever Sued out & many of Em being Lands & houses in Boston; These Mortgages he has sued us for, but the Merit of the cause never try'd because of an insufficiency in pleading &ca.
Since his Tryals upon the affairs before mentioned he has Employ'd a man with Letters to all the respective Debtors to the Estate in the Country farr or near to inform them he was the only Man they could make up with, for the rest could not discharge them, & by his artful, Deceitful dealing persuaded many to make up with him although he had not possession of their Bonds yet having the report of a great Estate left him, and making the Ignorant people a great many fair & ly9ing promises he prevail'd on many to give him Bonds in his Own Name he giving them discharges as Executor; by which he has got into his hands about £10000 besides what he owed the Estate himself, & by the way Observes he will not pay one ffarthing the Estate owes but persuades the Creditors to the Estate to arrest the Executrs & when the other Executrs put up Bond or Book Debt in Suit, he discharges the same So when the Action is call'd; Its made a Nonsuite of, some of the suites they made he did not care to discharge but was very industrious when the other Executors were absent to disavow the Actions on purpose to put his Brethren to Charges, & cause Em disappointmts. He rode particularly last ffebruary about 50 miles into the Country to the Town of Worcester to disavow an Action which the other Executrs brought against his Partner Cornelius Waldo for a Mortgage of £1000 which he is not very able to redeem, but however the other Executors follow'd him to prevent it's being thrown Out of Court, but by the way we must not omit to inform you; we the Subscribers being of the number overtook him the said Saml upon the road at Sudbury where as soon as we fairly enter'd the room & took our seats at the Fire, One of Us Expostulated with him & inform'd him we heard he had said he had offered to put our Controversy to reference which he absolutely deny'd with profane Oaths & declared by his Maker he never would submit it to reference to any man in New England for that none in it were capable judges he also said he had £70000 & he would spend it all & if that would not do he would his Blood. Nay he swore he would Entail the difference on his Posterity & would disinherit any Child of his that should ever offer to make up the difference & these are words not of a Christian nor indeed a Heathen but a De'll incarnate.
His Treatment to his Only Brother is base & unmanly, you may know Jonathan was concern'd at Conceau & was supply'd in Stores by him to whom he fell in debt upon adjustmt by the Arbitrators about £1400 for which he sued him to last January Court but by default the Writ was abated, hower'e alto our next Inferior Court for this County comes on the first Tuesday in April next he has sued him to the last Tuesday in this Month to the Court in [Essex?] County which being but a few days before Ours come on can be no real Advantage to him but he do's it with a design to put his Brother to Charge & Extraordinary trouble when at the same time he knows that by virtue of his Fathers Will he is in great deal more in arrears to him on accot of what he had reced of the Estate, but what shall we say when a Man is so infatuated to the World that all Natural Affection is laid aside & his whole bent & Study is [how?] to gain the World tho on the most dishonourable Terms.
We shall forbear making any remarks or glosses upon the foregoing Narrative but leave [Em?] to you being pure matters of fact but in the mean time observe to you We have given you but a specimen of this man's Actions which may open your Opticks to discern his sinister intentions upon other occasions which We are fully assur'd are all of a piece.
We forbear troubling you further and wish you a good Voyage & are
Sr, Your most humble Servts
Thos Fayrweather
Edwd Tyng


Samuel Waldo (1695-1759) was born in Boston to shopkeeper Jonathan Waldo and his first wife Hannah Mason Waldo. He served as a clerk in his father's business and later formed a partnership with his cousin Cornelius Waldo. He became a prominent citizen of Boston but did not hold a town office. He served as councilor from 1742 to 1745 and again in 1758. For much of his life, his chief occupation was the development and settlement of the extensive Muscungus Patent in Maine. He went to England to settle claims by the British navy to all pine trees in Maine, and for his efforts, he received one-half of the patent. In 1734, he obtained by purchase two-thirds of remainder, becoming owner of more than 500,000 acres. He made at least fifteen voyages to England, primarily in the interest of his Maine lands, and attracted settlers from northern Ireland and Germany. A family history concludes, "that he was a selfish and ambitious man there can be no doubt." He was a bitter enemy of Governor Jonathan Belcher but a friend and supporter of later Governor William Shirley. He was commissioned a brigadier general for the expedition against the French settlement of Louisbourg in Nova Scotia in 1745. He died suddenly of apoplexy while on an expedition to Maine to determine a site for a fort. At his death, his estate was valued at nearly £60,000, of which more than £41,000 consisted of real estate in Maine. During the Revolutionary War, the state confiscated all of his unsold estate, including nearly the whole Muscungus Patent, because his heirs were absentee Loyalists.

Thomas Fairweather (1692-1733) was born in Boston and became a merchant. He married Hannah Waldo (1702-1755) in 1718, and they had six children.

Edward Tyng (1683-1755) was born in Falmouth (now Portland, Maine) and went to sea at an early age. He became a merchant seaman and merchant in Boston. In January 1731, he married Anne Waldo (1708-bef. 1754), and they had six children. In 1840, Governor Jonathan Belcher placed Tyng in command of Boston's batteries and fortifications and of the provincial ships Prince of Orange and Massachusetts, which he commanded against French and Spanish privateers. During King George's War (1744-1748), he served as commodore of the British fleet in the siege of Louisbourg in Nova Scotia and the destruction of Port Dauphin there.

Christopher Kilby (1705-1771) was born in Boston and became a merchant and government contractor, working in London at the New England Coffee House. There, he sometimes acted as an agent for the town of Boston in bringing matters before the King in Council. After the 1760 Boston fire, Kilby sent £200 to relieve the city's residents, and the city named a street in his honor.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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