39 Dunster’s Proposed Settlement of the Estate of Jose Glover

    [November 4 1654]

    A true information and Demonstration how the Last Will and testament of Joss Glover deceased may be executed and performed according to Law and good conscience in reference to all the estate that is in this Country, unto the full satisfaction of all interested therin. Presented to the honoured Generall Court for their acceptation (if it be the will of God) in all Christian faithfulnesse by Henry Dunster with desire it may be upon record for the final issueing of all vexatious suites and contentions.

    1. 1 It is the mind of this honoured Court that all men should seasonably enjoy their right.
    2. 2 It is manifest to this honoured Court by the will of the said Joss, that the cheife Legatees be only the wife and children of the said Joss and John Stedman his servant. (For those small Legacees to the Legatees in England be satisfyed by the Executor there.)
    3. 3 The 2 oldest Daughters and the said Stedman have received their Legaceyes to satisfaction; the wife her Legacy dureing her life, soe that all pretending interest now are the two sonnes and the youngest daughter or their heires and assignes.
    4. 4 The eldest sonne Capt. Roger Glover was slain at the taking of Edinborough Castle his pretended will bearing date the 23 of July (49) A coppy wherof is come over into the Country, I conceive it void and of none effect both in law and conscience as in reference to any claim or interest in the estate here, and that upon sundry reasons, As
      1. 1 Because soe many yeares after the Testators decease there neither hath been nor is any legall probate therof, any legall Excutor or administrator that will own the same.
      2. 2 Because that were it a true and Reall will indeed and prooved yet it maketh it selfe void in reference to all claimes and Titles to estate here as by a publique instrument in the Records of the County Court at Cambridge is manifest beareing date the 26 of the 2d Month (53) under the hands of John Leverett, Francis Norton, Joseph Hils, Edward Jackson and William Davis commissioners appointed (to examine the same) by this honoured Court the 28th of the 8th Month (52).1
    5. 5 It resteth therfore that satisfaction be given unto John Glover and his sister Priscilla or their Assignes, which your petitioner humbly entreateth and beseecheth the Court may with all speed be done, as that which while it is delayed is the greatest burthen to the mind and conscience of your humble petitioner in this day of his sorrow and affliction.

    May it therfore please this honoured Court to constitute and appoint Henry Dunster who de facto hath been adminstrator soe to be de jure of all the estate, Lands, Chattles and goods left by Elizabeth the relict of Joss. Glover and to give satisfaction unto the aforesaid John and Priscilla or their assignes according to the Last will and Testament of Joss. Glover their father, soe farre forth as the estate left by their Mother in this Country can reach or attaine unto, after this honoured Court hath determined the Title of the Farme at Sudbury given by the Country.

    And your humble petitioner is willing by God’s assistance to undertake absolutely for a year and a day (if he soe long shall live in this Colony) the administration of all the said estate and to answer all claimes Titles dues and interests that the said John and Priscilla or their assignees shall make and the same duely truely christianly with all good conscience to satisfy pay and resigne up unto them or their assignes whatsoever doth or ought to belong, at the sight [. . .]2 by God’s blessing to the satisfaction of the said children or their assignes, and returne an account herof to this honoured Court seasonably to the satisfaction of all to be on publique record. Provided alwayes that thenceforth he the said Henry his heires Executors and administrators for ever may be peaceably discharged, he only being accountable to shew them the reason of his administration dureing his Life. Which by Gods assistance he shall be willing to doe if accepted witnesse his hand

    Henry Dunster

    [On the back, in a more modern hand]

    Joseph or Josse Glover died leaving the following children

    Capt. Roger Glover eldest son, slain at the Taking of Edinburgh Castle

    John Glover—was in England

    Elizabeth married Mr. Adam Winthrop and died before 1652 leaving

    an orphan—a grand child of Mr. Glover named Adam.

    Sarah, married Mr. Dean Winthrop

    Priscilla, married John Appleton of Ipswich

    Mr. Josse or Joseph Glover was Rector of Sutton in the county of Surrey, England—His relict widow married Mr. Henry Dunster and died in 1643. Her name was Elizabeth and she had a brother Harris.

    Henry Dunster Papers. The signature is in Dunster’s own hand. Elizabeth, Sarah, and Roger were Jose’s children by an earlier marriage.