John Townsend I

     John was born circa 1615 probably at England. [possibly Norwich, County Norfolk] He married an unknown person circa 1639 probably. She was, according to legend. the cousin of Govenor Thomas Dongan of New York [1682-1688]. John Townsend immigrated to America and almost immediately, in 1640, came to New Amsterdam. His wife Elizabeth, who by tradition he had married in Ireland, and who was reportedly a relative of the English governor, Andros, came with him. The 18th of January 1674, Elizabeth petitioned Sir Edmund Andros, governor of New York, trying to reclaim the land at the "fresh water" being where John had first settled This water was important to John since he was a tanner. His two sons, both of the name Thomas were christened there in 1642 & 1645. They left the "fresh water" or Manhattan, due to the Indian troubles of 1643 as most everything outside of Ft Amsterdam had been laid to waist. He fled from New Amsterdam across the river to what is now Queens County where he was the 2nd person on the original patent of Flushing, the 1st being Thomas Farrington. This is recorded on a patent granted by Wm. Kieft, Govenor General of New Netherlands, dated the 10th of October 1645. He last appeared on the Flushing records the 17th of January 1648. The Dutch governor persistently made it difficult for anyone not willing to accept the Dutch church, particularly those of the Quaker religion. As a result John left Long Island and removed to Rhode Island. In a deed dated the 2nd of July 1649, which confirms John as an inhabitant of the town of Warwick & grants him a house lot & other lands. The description of the lands granted to him confirmed that his brothers, Richard & Henry had preceded him to Warwick. Apparently, the brothers decided to again try settling on Long Island as deeds dated the 21st of January & 18th March 1655, show John had sold his Rhode Island house & holdings. On the 10th day of 6th month 1663, John & his brother Henry, sign over their remaining holdings in Warwick to their brother Richard & his two daughters Dinah & Leah. On the 18th of Febraury 1656, John & his brothers each received a home lot containing six acres in Jamaica and are definitely inhabitants there on 26th of November as they signed a public record of the town stating the signing inhabitants were true owners of the land known as Jamaica. At this same time each of these same inhabitants reserved ten acres of planting land & twenty acres of meadow for each of the signers. On the 27th of February 1658, John & his brothers were among those laying out more land in Jamaica. However, the brothers must have tired of dealing with the Dutch rule & began associating with the original settlers of Oyster Bay with John & his brother Henry having their names affixed to deeds in the early part of 1658. In November 1658, John and Henry were still involved with farming at Jamaica, although Henry was already a freeholder & clerk at Oyster Bay. During the year 1660, John & his two sons, John & Thomas, bought or were granted property in Oyster Bay as they began setting up homes there. It is speculated that John & Richard, although still living in Jamaica, were establishing a second residence in Oyster Bay, if not for themselves, for their sons. Thus, when the struggles with the Dutch again became too great, on the 1st of May 1661, John & his family took up permanent residency at Oyster Bay. The house he bought was originally that of Richard Holbrook and bought from Jonas Halstead. . He died intestate and his wife divided the estate, with the advice of his brothers, amongst their children in 1671. Several of his children were not of age at the time of his death. John departed this life in 1668 in the Town of Oyster Bay, Queens County, Long Island, New York. Since John had no will, his wife, Elizabeth had a document drawn up dividing her husband's estate among their nine children.

"These presents declare unto whom it may any wise concern, that I, Elizabeth Townsend, widow of the late deceased John Townsend, in Oyster Bay, in the north riding, on Long Island, because my said husband deceased without any will, I herein, with the advice of my husband's two brothers, Henry and Richard Townsend, and with the advice and consent of my two eldest sons, John and Thomas Townsend, all of Oyster Bay, above said, have together parted my said husband's estate amongst his six younger children, for their portions, instead of a will, by which will, each of the children, namely, James, Rose, Anne, Sarah, George, and Daniel may know what shall be, and what to claim for their portion of their father's estate, and this to stand firm and unalterable by me, or any through, or by me, but to remain for a settlement of peace between me an I my children, which is as followeth. Imp. 1st. Unto my son James, I give for his portion out of the estate, in present possession, in lands, beside cattle and horses he have in hand already, first, three acres of land and three-quarters, lying on the south side of that was old Armitage's lot, in Oyster Bay, lying or adjoining to the highway on the eastward and western sides, with commoning and common privileges to it, of wood, land, timber, as other such lots have; and he is to have the land upon part of his common right, that his father did improve, oil the east side of Matinecock Creek, joining on the south of his uncle Henry's land, and two shares of meadow lying on the west side of the Creel., or Beaver Swamp, and one share of meadow on the east of the said Creek ; and lie is to have the land his father fenced and improved on the west side of the Mill River Swamp, with the share of the swamp joining to the east side of it; and he is to have six acres of Plains, and a quarter of a share of meadow at the soutli, and so mach of the south side of the swamp at the rear of my house as proves to be mine, of which swamp Josias Latting hath a part. To my daughters I do engage to give to each of theirs thirty pounds apiece, for their portion, and to my eldest daughter Elizabeth, although not above mentioned, yet she is to have, with what she hath already received, thirty pounds, all at such pay as passes between man and man, after the rate of Indian corn at three sliillings a bushel, and wheat at five. 2d. To the said Elizabeth, or her husband, Gideon Wright, towards her portion, I give, with what her father had before given her already, first, two cows, ten pounds; a young horse, five pounds ; a bed and furniture, ten pounds ; two sheep, one pound ; one kettle, one pound; in all twenty-seven pounds; and Gideon, her husband, is to have three pounds more; and that will be thirty pounds in all. 3d. To my daughter Rose I give half a share of meadow at the south, with two cows and two calves she hath already received, and commoning in Oyster Bay, with twenty-six acres of land, and three pounds in Richard Townsend's hands, and a yearling mare colt, it all being called by us at thirty pounds. 4th. To my two youngest daughters, Anne and Sarah, their portions are to be thirty pounds apiece, out of the stock or in lands, as they may desire, if their mother decease before their portions are paid ; but if they be disposed of in marriage while I remain a widow, I have liberty to pay to each of them their portion in cattle or land, as I see they have most need and I able to do it, or part one, part of the other. 5th. It is my will, and I do fully agree that my two youngest sons, George and Daniel, shall have these two hoinesteads I now possess, with the privileges belonging to them, after my decease, but they are to be mine and for my use, to possess and enjoy for my use and comfort, during my life, and at my decease to be theirs as above said, with privileges as follows: to each party is nominated his particular interest. 6thly. To my son George I give for his portion as above said, being the eldest, the house and house lot that I now possess, and orchard which then shall be on it, and t"vo shares of meadow that lie in the Town of Oyster Bay, which was bought with the lot, and six acres of Plains, with coinmoning and common privileges, in the First Purchase of the Town. 7th. To my youngest son, Daniel, above mentioned, after my decease above said, is to have the other lot, or that part of land lying between his brother James's lot and his brother George's lot. It was bought of old Armitage. I say, lie is to have it, with the privileges belonging to it; namely, two shares of meadow lying on the north side of the town, which was bought with the lot of the said Thomas Armitage, and six acres of Plains, and twelve acres of land and common privileges. And I do by this will and appoint, that if I decease before these my two youngest sons be of age, that two of their eldest brothers take them and bring them up, and to have the use of the boys' land and what other goods and chattels fall to them. The goods and chattels are to be priced when they receive it, and delivered back to the said boys the same price or value again, when they go from their brothers, whether they be of age or not ; for I do appoint my brother, Henry Townsend, their uncle, to have the oversight of them if he outlive me, and to remove one or both to the rest of their brothers or sisters, with the lands and estates to make use of toward the bringing up of the said lads ; but when they go away to have their whole principal returned to or with them, but not to remove them with-out their complaint to him on good grounds, for the said removal, of hard usage. And I do by this will and appoint that, at my decease, unalterable by me, or any through or by me, all my estate undisposed of, as goods, household stuff, and cattle, are all to be equally divided amongst all my living children; and I further order and appoint that, if any one or more of my said sons or daughters die under age, undisposed of in marriage, the deceased's lands and estates are all to be divided equally amongst all my living sons and daughters ; but it is still to be understood that whoever have the bringing up of the two young lads, and the use of their estate towards their maintenance, their lands and houses is with fences to be delivered up in good repair as when they received it, and the property of lands and houses, and orchard, is not to be altered to or from either of the said lads, although the property of other goods or chattels may be altered upon just and honest terms. And further, it is agreed that my eldest son, John, is to have such land at Hog Island, at my decease, or at south, if I leave any undisposed of, to my youngest daughters, Anne and Sarah, above said. But a lot on Hog Island, of the third division, number ten, my husband gave my son Thomas. Unto all the promises and engagements above mentioned, I do hereby engage to perform, under my hand and seal, the twenty-third year of the reign of Charles the Second, King of England, and the tenth day of the fifth month) 1671. Before signing was entered in the fifth and eighth lines, that I now as wit sst my hand and seal,
" ELIZABETH ToWNSEND.
"In the presence of us, MUSES FURMAN, BENJAMIN HUBBARD.