"Justice" John Townsend1,2,3,4

M, b. 28 August 1672, d. 6 November 1709
FatherThomas Townsend b. b 9 Apr 1645, d. 26 Nov 1715
MotherSarah Coles b. c 1646, d. b 1 Mar 1684
     John was born on Sunday, 28 August 1672 in the Town of Oyster Bay, Queens County, Long Island, New York. John married Rebekah Almy, daughter of Christopher Almy and Elizabeth Cornell, on 28 April 1692 in Rhode Island. He moved back to Oyster Bay where his father had given him a house. His father had offered him the property at Fort Neck but he refused & said does father want me to go out of the world; he took the place in the community which his father had held - he was suveyor, recorder, supervisor & justice; The children of his first wife were sent after her death to Rhode Island to Rose, sister of his father Thomas & wife of Samuel Hayden to whom John gives a deed to pay their expenses. It is not known what happened to Philenar but Thomas & John returned to Oyster Bay & Thomas later went to Oblong, Dutchess County but nothing more is known. John's wife, Rebekah, died on 24 February 1703 in Oyster Bay Town, Queens County, Long Island, New York, leaving him a widower. John married 2nd Rose Wright, daughter of John Wright and Mary Townsend, on 1 February 1706 in Queens County, Long Island, New York. [license date] John made his will on 23 August 1709 at the Town of Oyster Bay, Queens County, Long Island, New York.

In the name of God Amen the twenty third day of August in the year of our Lord Christ one thousand seven hundred & nine I John Townsend of Oyster bay . . . being sick & weak. . . .
I do give unto my eldest son Thomas Townsend his heirs & assigns all that of the houses and land which I have lying on the east side the south street in the Town spott of Oysterbay together with all my allotted land which I have lying northward from Henry Welles with a right of land of the first and second division in the old purchase of Oyster bay together with half my right of meadow lying on west neck at the south with one horse & a pair of three-year old steers a cow & a feather bed with furniture belong to it.
I give to my son John Townsend all my land lying at the plain Edge nigh to the round swamp together with all my upland upon west neck & the other half of my meadow lying on the said neck together with half of the land & meadow or half of the money wh ich I am to have of Anthony Writt as by his deed may appear for the same with half a right of comons after the first & second division in the old purchase of Oyster bay & a pair of two year old steers. . . .
I do give unto my son Pen Townsend all the lott of land which I bought of Anthony Wright Senr being opposit against Joseph Dickinsons in ye Town spott of Oyster bay & eight acres of land lying at the planting field & all my right of both divided & unidivided land lying in Matincock land so called together with all my meadow ground which I bought of James & Job Townsend lying at Beaver Swamp meadows together with a horse & a pair of three year old steers when he comes of age . . . but if either of my abovesd sons should die before they come of age without issue or after & not having disposed of this part or portion that then his or their parts shall be equall divided amongst my surviving sons.
I do give unto my daughter Philena Townsend two feather beds with all my furniture belonging to them with all linen wollen brass pewter iron with what else her mother left at her decease a mare and three cows to be delivered to her when she marries or comes of age. I do give unto my daughter Rose Townsend all that of Fifty pounds which is due to me from John & Michael Waring as also one bed meaning a feather bed with furniture suitable to it & two cows when she comes of age or marries also I do give unto my son Pen & to his assigns the one half of the land & meadow or the product of it being Ten pounds which I had of Rachel & Anthony Wright Junr.
Lastly I do nominate & appoint my well beloved wife Rose to be the sole executrix of this my will to see it duly & truly performed as also to receive all my debts & to pay all to whom I do give all the rest of my estate to bring up my children with after which I dispose of among her children & my children as she shall think fitt. . . .
John Townsend
Witnessed by: Samuel Macoon, Thomas Coles, Adam Wright
Memorandum that it is my will & desire that my daughter Philena be paid Twenty [pounds] by my eldest son Thomas Townsend out of his proportion of my estate within five years after his entrance into possesion of the said estate & in case he cannot pay it within the said time of Five years then my said son Thomas to pay my daughter Philena Interest for the same yearly till he can discharge it also it is my will & desire that my son Pen have all my rights of land meadow & creek Thatch lying upon Oak Neck & Pine Island joining to the sound within the patent of Oyster [bay]. . . .
John Townsend
[Queens County, New York Wills: Liber A, page 188].5


John died on Wednesday, 6 November 1709 in Ouseden, County Suffolk, England, of smallpox. He was buried at Fort Hill. His will was probated on 3 March 1709/10.6

Family 1

Rebekah Almy b. 26 Jan 1671, d. 24 Feb 1703
Children

Family 2

Rose Wright b. c 1679
Children

Citations

  1. [S124] A Memorial of John, Henry, and Richard Townsend & their descendants., page 125 - Justice John Townsend b. 28 Aug. 1672; m. 28 April 1692 Rebecca Almy; he moved to Oyster Bay where his father gave him his house; his father had offered him the property at Fort Neck but he refused - does father want me to go out of the world; he took the place in the community which his father had held - he was suveyor, recorder, supervisor & justice; his wife d. 24 February 1703; m. 2nd Rose, d/o Mary Townsend & John Wright, widow of Nathaniel Coles Jr.; he died 6 Nov. 1709 of smallpox buried on Fort Hill; called Rhode Island John & Justice John on the records; Issue: first wife - Thomas, Philena, & John and second wife - Penn & Rose. The children of the 1st wife were sent to Rhode Island to Rose, sister of Thomas & wife of Samuel Hayden to whom John gives a deed to pay their expenses. Of Philena nothing more is known; Thomas & John returned to Oyster Bay & Thomas later to Oblong, Dutchess County but nothing more is known.
  2. [S448] Martha J. Burke, Two John Townsends & the Mayflower Connection, page 1 - "... Thomas Townsend2, baptized in New Amsterdam in 1645, d. Portsmouth, R.I. in 1715 (Letters of Administration on file).
    John Townsend3 md (1) Rebeckah Almy, dau of Christopher Almy of Rhode Island. (2) Rose (Wright) Coles. John had three children by the first marriage, Thomas, John and Philina. By the second, he had Rose (Townsend) Dickinson and Penn Townsend.
    Thomas4 was alive and living in Dutchess Co., NY when his brother John's will was entered for probate in 1760. Thomas was the only one of the legatees still alive. Letters of Administration attached to John Townsend's will show that Thomas passed his rights to administer the estate of his brother to his nephew Townsend Dickinson. (See pg. 126 TM.) The sister Philena is buried in Common Ground, Newport, R.I.
    The children of John Townsend and Rebeckah (Almay) were sent to Rhode Island when their mother died and were reared by their grandfather's sister, Rose (Townsend) Hayden. Thomas and John returned to Long Island as adults and Thomas next removed to Dutchess Co., NY and lived in the "Oblong."..."
  3. [S453] Martha Burke, Solomon Townsend of Rhode Island, Perhaps it would help to explain how the name Christopher got into the Townsend lineage; or, for that matter, the name Job. As I said previously, Thomas Townsend2 (John) married as his second wife, Mary (UNTHANK) Almy, widow of Col. Job. Almy of Rhode Island. It just so happens that Mary (Unthank) was the only daughter of Christopher Unthank of Rhode Island. Col. Job Almy, on the other hand, had a brother named Christopher Almy and they were both the sons of William Almy and Audrey (Barlow) of Rhode Island. It was Christopher Almy who had a daughter named Rebekah who md John Townsend, son of Thomas Townsend2 on 28 April, 1692. She d. 24 Feb 1703 leaving three small children, Thomas, John and Philena. These children were sent to Rhode Island and were reared by Thomas Townsend's sister, Rose (Townsend) Weeks Hay-den. Their grandfather already had 8 step-children by his second wife, Mary (Unthank) Almy.
  4. [S458] Martha J. Burke, Townsends: Dutchess County, New York [Part II], III. John Townsend, son of Capt. Thomas Townsend was of Rhode Island and Long Island and was known and called upon the records JUSTICE JOHN and RHODE ISLAND JOHN. He married (1) )Rebekah Almy(), the daughter of Christopher Almy and Elizabeth (Cornell); married (2) Rose (Wright) Coles, the daughter of John Wright and Mary (Townsend), and the widow of Nathaniel Coles, Jr. The above mentioned Christopher Almy was a brother of Col. Job Almy and both were the sons of William Almy and Audrey (Barlow) of Portsmouth, Rhode Island. John Townsend died of small-pox at Oyster Bay in 1709 at the age of 37 years and is buried on Ft. Hill. Issue: (1) )THOMAS, Silvanus (died young)," Sarah (died infancy), Philena, and John. (2) Penn (married Esther Parish); Rose (married Zebulon Dickinson). The issue of John Townsend by his first wife is briefly mentioned on page 126 of the TM; for their dates see OBTR 2:616. The TM says: "The children of the first wife were sent to Rhode Island, to Rose, sister of Thomas, and wife of Samuel Hayden". Rose (Townsend) Hayden would have been the great aunt of these children. The sister of their grandfather, Thomas Townsend. Except that John's son Thomas was mentioned in the estate of his grandfather, nothing more was known of these children until the will of John Townsend, son of John, was found in the New York Surrogate Records in the Queens College Collection by the editor. "In the Name of God, Amen. 13 January 1730.
  5. [S450] Four Wills, Will of John Townsend, 1709. The last Townsend will in Queens County Liber A, at page 188, is that of "Justice" John3 Townsend (Thomas2, John1), abstracted as follows:
    In the name of God Amen the twenty third day of August in the year of our Lord Christ one thousand seven hundred & nine I John Townsend of Oyster bay . . . being sick & weak. . . .
    I do give unto my eldest son Thomas Townsend his heirs & assigns all that of the houses and land which I have lying on the east side the south street in the Town spott of Oysterbay together with all my allotted land which I have lying northward from Henry Welles with a right of land of the first and second division in the old purchase of Oyster bay together with half my right of meadow lying on west neck at the south with one horse & a pair of three-year old steers a cow & a feather bed with furniture belong to it.
    I give to my son John Townsend all my land lying at the plain Edge nigh to the round swamp together with all my upland upon west neck & the other half of my meadow lying on the said neck together with half of the land & meadow or half of the money wh ich I am to have of Anthony Writt as by his deed may appear for the same with half a right of comons after the first & second division in the old purchase of Oyster bay & a pair of two year old steers. . . .
    I do give unto my son Pen Townsend all the lott of land which I bought of Anthony Wright Senr being opposit against Joseph Dickinsons in ye Town spott of Oyster bay & eight acres of land lying at the planting field & all my right of both divided & unidivided land lying in Matincock land so called together with all my meadow ground which I bought of James & Job Townsend lying at Beaver Swamp meadows together with a horse & a pair of three year old steers when he comes of age . . . but if either of my abovesd sons should die before they come of age without issue or after & not having disposed of this part or portion that then his or their parts shall be equall divided amongst my surviving sons.
    I do give unto my daughter Philena Townsend two feather beds with all my furniture belonging to them with all linen wollen brass pewter iron with what else her mother left at her decease a mare and three cows to be delivered to her when shemarries or comes of age. I do give unto my daughter Rose Townsend all that of Fifty pounds which is due to me from John & Michael Waring as also one bed meaning a feather bed with furniture suitable to it & two cows when she comes of age or marries also I do give unto my son Pen & to his assigns the one half of the land & meadow or the product of it being Ten pounds which I had of Rachel & Anthony Wright Junr.
    Lastly I do nominate & appoint my well beloved wife Rose to be the sole executrix of this my will to see it duly & truly performed as also to receive all my debts & to pay all to whom I do give all the rest of my estate to bring up my children with after which I dispose of among her children & my children as she shall think fitt. . . .
    [Signed] John Townsend
    [Witnessed by] Samuel Macoon, Thomas Coles, Adam Wright
    [Codicil] Memorandum that it is my will & desire that my daughter Philena be paid Twenty [pounds] by my eldest son Thomas Townsend out of his proportion of my estate within five years after his entrance into possesion of the said estate & in case he cannot pay it within the said time of Five years then my said son Thomas to pay my daughter Philena Interest for the same yearly till he can discharge it also it is my will & desire that my son Pen have all my rights of land meadow & creek Thatch lying upon Oak Neck & Pine Island joining to the sound within the patent of Oyster [bay]. . . .
    [Signed] John Townsend

    Will of Sylvanus Townsend, 1863
    "I, Sylvanus Townsend of the Town of Cambria, County of Niagara, State of NY of the age of seventy nine years being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make, ordain, publish and declare this to be my last will and testament, that is to say. . . . First, after all my lawful debts are paid and discharged I give and bequeath unto my wife Hena the use of all my personal and real estate during her natural life. . . . Second: I give and devise all my real estate to my sons Hosea and Francis Townsend in trust with full power to sell the same after my said wife is deceased and they are hereby directed to pay to my grandson Sylvenus Pierson, son of the late William Pierson, one hundred dollars and to my grandson Sylvanus Townsend, son of Hosea Townsend the sum of one hundred dollars. They, my said sons Hosea and Francis, are to receive out of the proceeds of the sale of my said property the sum of two hundred dollars each and the balance of the proceed of the sale of my real and personal estate I hereby direct my executors to this my last will and testament hereinafter named shall divide and pay over to my sons Hosea Townsend two shares,one being the share of the heirs of my late daughter Susan Hiatt and to Hannah Hazen, Rachel Austin, Zella Pierson and Francis Townsend each one share being equally divided into six shares of which Hosea is to receive two and Hannah, Rachel, Zella and Francis, share and share alike. . . . I do hereby direct that my household furniture shall be equally divided between my daughters who may survive my said wife within a reasonable time after her decease. . . . Likewise, I make constitute and appoint my sons Hosea Townsend and Francis Townsend to be the executors of this my last will and testament hereby revoking all former wills by me made. . . . In witness whereof I have hereunto subscribed my name and affirmed my seal the 21st say of December, in the year of our Lord, one thousand eight hundred and sixty three." (Silvanus spelled his name with an "a.") Witnesses: S. S. Sage and C. C. Sage, both of Cambria, Niagara Co., NY.

    On 26 Dec. 1864, Sylvanus Townsend and Sylvanus Pierson were declared minors and a general guardian, Erastus Taylor, was appointed. Sy lvanus Townsend's will was proved 26 Dec. 1864.
    North Ridge Cem., Church Rd., Cambria, NY: Sylvanus Townsend d. 17 Sept. 1864, 80 yrs., 7 mo. and 21 days (b. ca. 1784); Henah, wife of Sylvanus, d. 29 Jan. 1872, 80 yrs., 3 mo. and 22 days (b. ca. 1792).
    The wife of Sylvanus Townsend was Henah Cole as shown by the will of her father Daniel Cole, proved 2 March, 1835, Putnam Co., NY. Surrogate Court Book C, pgs. 130-143. Daniel Coles listed his wife as Susannah (__). His sons as John, Jesse, Daniel H., and Elisha J. Cole.
    Daniel listed his daughters as Eunice, wife of Elmore Chase; Mary (Polly) Frost, widow; Sarah (Sally) wife of Nathan Hall; Henah, wife of Sylvanus Townsend; Havilah, wife of Charles Norton; Ivah, wife of Hosea Townsend, widow; Hannah, wife of Levi H. Cole, and eldest daughter, Margaret, wife of Asa Wilson.
    The Surrogate's record shows that Margaret Wilson was living in Sussex Co., NJ; Eunice Chase in Hector, Tompkins Co., NY; Sarah (Sally) Hall at Covert, Seneca. Co., NY; Henah Townsend at Lockport, Niagara Co., NY; Havilah Norton of Roxbury, CT, all others in Putnam Co., NY.
    Old Baptist Burying Ground, Carmel, NY: Ivah (Cole) Townsend, d. 10 April 1838, 49 yrs., 7 mo. and 6 days (b. ca. 1789); Hosea Townsend, d. 24 June 1833 in his 48th yr. (b. ca. 1785).
    See the fall 1980 Newsletter. It would appear that Sylvanus and Hosea are brothers married to sisters, and both the sons of Thomas5 Townsend, Jr. (Thomas4, John3, Thomas2, John1), and named in his will which was probated 2 July 1802 in old Dutchess Co., NY. Thomas also named a third son, Abel, about whom there is much puzzlement.
    Did Hosea and Ivah (Cole) Townsend have any children? Sylvanus Townsend of Cambria, NY had a son Hosea. By the time Hosea wrote his will in 1894, wills were getting very wordy, but this one may reflect the migration of the family. It is believed that Sylvanus and his son Hosea removed from Dutchess Co. to Greene Co., NY as a beginning.

    Will of Hosea Townsend, 1894
    "I, Hosea Townsend of the Town of Cambria, Niagara Co., NY being of sound mind etc. . . . do make this my last will and testament. First, I will and direct all my just debts that I may be owing at my decease, including funeral expenses and suitable grave stone for my grave be first paid for out of my estate. . . . Second, I will, give and bequeath to my beloved wife Margaret Townsend all and every of the household effects of whatever kind and nature, furniture, carpet, bed and bedding, silver and plated ware, crockery, stoves and all utensils of every kind and description used in and about the house and I also give my said wife all the fuel and provisions and other articles necessary for family consumption that may be on hand in and about the house at the time of my decease, to be hers absolutely and forever. I desire, request and direct that no inventory ever be made of them but that she take hold, use and keep them for her own absolutely and forever. And I also further will and give to my said wife one hors, a single harness and buggy and two cows as she may choose of those on hand at my decease to be hers absolutely and forever. I further give, devise and bequeath unto my said wife Margaret the use, rent, interest and income of my Lot #13, Township 14, Range 8 as conveyed to me by John Jackson and wife dated May 5th, 1847 and recorded in Niagara County Clerks Office in Book of Deeds, No. 39, Pg. 420 for and during the term of her natural life. All such gifts and bequeaths to my said wife are to be in lieu, place and stead of her dower interest in said estate.
    Third: After the decease of my wife I give, devise and bequeath unto my son Charles F. Townsend the premises mentioned and described in the preceeding sub division except such portion thereof as.


  6. [S1186] Amos Canfield, Abstracts of Early Wills of Queens Co., N.Y., Recorded in Libers A & C of Deeds, Pgs. 114-120, page 249 - Abstract of the will of John Townsend dated: 23 August 1709 and probated: 3 March 1709/10.