76 Extract from Samuel Scarlet’s Will

    Two Paragraphs of Capt. Samuell Scarlets Will Dated April 22d, 1675.

    5. I Give my Dwelling House, Bakehouse, Warehouse, and Shed that Stands upon the wharfe, I mean the North Side of the wharfe, with the two Shops fronting to the Street and the Garden on the other Side of the way and wharfage there for ever unto Jane Scarlet and her heires, and if she or they die without Heires, then to fall to the nearest of kind. Alwaies provided that she or they Do pay twelve pounds yearly the money to be paid in Boston upon New Year’s Day, and so every year.

    6. I Give all my part of the Land bought of Bartholomew Barnard with all the Buildings upon it wharves and Dock before it, and also a shed that I have built upon the South Side of my wharfe which [creeples] upon one of the warehouses, and all my floatage, Barge, Lighter, and what part of vessells soever, and all my Debts, that are owing to me, to Pay one halfe of the abovesaid to John Scarlet and his Heires, and if he or They Die without Heires, then to fall to the next, that are nearest of kind, alwaies provided, that upon every New Year’s Day He or they do pay in the Town of Boston twelve Pounds yearly. The other halfe, I Give as followeth, to Freegrace Bendall, one quarter part, To Hopefor Bendall one quarter part, To Ephraim Bendall, one quarter Part, And to John Freak junior one quarter part, to them, and their Heires, for ever, alwaies provided that they or any of them, Do Pay yearly in Boston upon every New Year’s Day the Sum of twelve pounds in money. The Thirty-Six Pounds per annum reserved as above I dispose of as followeth, vizt: Twelve Pounds per annum to Decayed Seamen, Twelve Pounds per annum to the Second Church in Boston and Poor thereof. Seven Pounds per annum to Harvard Colledge and the remaining Five Pounds per annum to the Poor of the Town of Kerzy in Suffolk in old England the place of my nativity, but it is to be understood that the last Sums, of thirty six Pounds, is not to be paid, untill after my wifes Decease. The Dispose of the Twelve Pounds per annum to Seamen as aforesaid I Commit to my Executors hereafter named and their Heires. Lastly I Do hereby Appoint, Constitute and Ordain my loving Brother John Scarlet, and my dear Wife Mary Scarlet, Executor and Executrix jointly of this my last Will and Testament, and do request my loving friends, Capt. Thomas Lake, John Richards, and Freegrace Bendall to accept the Trouble to be Overseers to this my Will, and wherein things in any of the particulars may be imperfectly Setled or provided for as through present Sore pains, It may happen or dubiously expressed, I impower my Overseers, together with my Said Executors to settle the Same. In Witnesse of the above, I have to this my last Will and Testament made my Mark with my left hand my right arm being broken.

    Samll. (S) Scarlet [seal]


    Witnesses Ralph Carter, Giles Dyer.

    [On back]

    Preface of an Instrument, whereby John Scarlet and John Jacob Exchange the Use of the £12 Legacy per annum Given by Capt. Samuell Scarlet’s Will, which they pay, vizt.

    Whereas Capt. John Richards Overseer and Mr. John Scarlet Executor of the last Will and Testament of the late Capt. Samuel Scarlet Did on the 29th Day of January 1678, according to the Power Committed to them by the said Will Settle the Legacies of Thirty Six Pounds per annum bequeathed to Severall Legatees, respecting the Payment thereof, from whom and to whom, which Settlement was then Acknowledged in the County Court, and Desired that it might be recorded with Said Will, wherein it was Ordered and Agreed, That Jane Jacob, formerly Jane Scarlet, her heires, &c. should pay the twelve pounds per annum ordered by the Will, or Bequest, unto decayed Seamen, and John Scarlet his heires, &c. should Pay the twelve pounds per annum reserved out of his Legacy to the Second Church in Boston, Now Know that upon Some Consideration &c.

    Acknowledged by the Parties in Court, January 30th, 1679.

    Attests I. Addington, Clerk.

    Freegrace Bendall, his Heires, shall Pay the Three Pounds per annum in money ordered out of his Legacy, unto Harvard Colledge at Cambridge and Hopefor Bendall, and his Heires, the Three Pounds per annum in money out of his part likewise to said Colledge. And Ephraim Bendall & his Heires, &c, to Said Colledge Twenty Shillings, of the Three Pounds per annum in money so reserved.

    Jno. Richards

    Jno. Scarlet

    [Endorsed:] Capt. Scarlet’s Will part wherein is a Legacy of £7 per year to Harvard College. April 22, 1675.

    Wills, Gifts and Grants Papers, p. 5; eighteenth-century copy. Captain Scarlet, Boston merchant, died in 1675. Commenting on the annuity of £7, President Wadsworth wrote: “I don’t find that more than £10 of it was ever paid.” See CSM Publications, xv. 287.