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Hicks

Will of Ira Hicks, Dorchester, Westmorland, New Brunswick, Canada, 1830

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My Hicks family was quite large, which means I have many Canadian distant cousins as Samuel Hicks was a pre-Loyalist who left Rhode Island For then nova Scotia, Canada in the mid-1760s.

Today’s subject, Ira Hicks, was one of Samuel’s sons.

Ira Hicks was born on 30 March 1761 in Warren, Bristol, Rhode Island, the seventh child of Samuel and Thankful (Bowen) Hicks and their last born in the colonies.

Ira married Sarah Thornton, c 1784, probably in Sackville, New Brunswick, Canada and they went on to become the parents of eleven children.

Ira’s exact date of death is not recorded, but he likely died in the spring of 1830 as his will was recorded in Westmorland County, New Brunswick, Canada on 2 June 1830.

It is lengthy – 4 1/2 pages – and it appeared in my FamilySearch full text search of his name. The will is found in the Westmorland County Deed Book 1830-1832, pages 45-49.

In the name of God Amen I Ira Hicks of the Parish of Dorchester in the County of Westmorland and Province of New Brunswick farmer being in imperfect health but of sound mind and memory blessed be God for the same calling to mind my Mortality and that it is appointed for all men once to die . I do therefore make and ordain this my last will and testament in the following manner and form that is to say principally and first of all I Give and recommend my soul into hand of almighty God that Gave it , and my Body I recommend to the Earth to be buried in decent Christian Burial at the discretion of my Executors in hopes of a Joyfull Reunion at the General Resurrection through the merits of Jesus Christ my Saviour and as touching such worldly Estate wherewith it hath pleased God to bless me in this life I dispose thereof as follows —

First after my lawful debts if any then should be an (sic) all paid it is my will and pleasure and I do hereby appoint and command that the one third part of my upland belonging to my farm in Dorchester aforesaid beginning at the North End of the Sheep fold and continuing a north West course until it strikes the Marsh at the Edge of the upland and South East until it strikes the Kings Road from thence along the said Kings Road so far as to leave one third part of my upland on the South side of my said farm and then to take the same course as the side line and continue on until it strikes the rear line of said farm from thence along said rear line so far as to leave one third part of my upland belonging to said farm ) on the south side of my farm aforesaid and from thence to take the same course as the side line and continue on it until it strikes the Marsh at the Edge of the upland and twenty three Acres of dyked Marsh on the south side of my said farm taking as much of that part of my marsh which is known by the name of the Cowpasture

Marsh as will make it equal in Marsh that Grows English Grass to twenty one acres which I shall hereafter allot and appoint for my son Charles Hicks – And also one third part of my undyked Marsh together with my buildings stock of Cattle and farming utensils shall be and remain in the hands of my faithfull and loving wife Sarah Hicks during her natural life to be used by her for her comfort and and sustenance she making no waste or spoil there on and after her decease I Give , Grant , Convey and bequeath this part of my lands marsh and upland buildings, Stock of Cattle and farming utensils to my Grandson Israel Hicks on his paying the legacies hereinafter to be mentioned which shall be and remain his Real property and Estate forever – I Give and bequeath to my Daughter Jane Crowson twenty five pounds — I Give and bequeath to my Son Israel Hicks fifteen pounds — I Give and bequeath to my son Ira Hicks five pounds — and let it be remembered And I do hereby appoint and command that the aforementioned legacies be paid by my Grandson Israel Hicks out of the lands and premises given and granted by me unto him

Item I Give , Grant , Convey and bequeath to my loving wife Sarah Hicks all that Right or tract of land lying and being in the township of Sackville Lot number nine in Letter “C” division containing by Estimation two hundred and Seventy acres be the same more or less together with all my household furniture and debts to be disposed of at her pleasure –

Item I Give , Grant , Convey and bequeath to my son Charles Hicks twenty one Acres of my dyked Marsh belonging to my farm in Dorchester aforesaid lying and being in the middle part of my marsh and adjoining the marsh which I have left in the hands of my wife Sarah Hicks and Given and Granted to my Grandson Israel Hicks together with one third part of any undyked Marsh and one third part of the upland lying and being on the South side of my said farm beginning at the Southernmost boundary of the upland on the Edge of the Marsh which I have left in the hands of my wife Sarah Hicks and Given and Granted to my Grandson Israel Hicks continuing the same course as the side line until it strike the rear line of said lands and from thence along the said rear line until it strikes the South East corner of my said farm and from thence along the Courses of the side line until it strikes the Marsh at the Edge of the upland and from thence along the Edge of the upland unto the place of beginning which described lands marsh and upland on my son Charles Hicks aforesaid paying the legacies hereafter to be mentioned shall be and remain his real property and Estate forever –

Item I give and bequeath to my Daughters Sarah Patterson Elizabeth Cutler and Rebecca Roy each twenty his pounds and be it remembered and I do hereby appoint and command that these last mentioned legacies to paid by my son Charles Hicks out of the lands and premises given and granted by me unto him —

Item I give Grant , Convey and bequeath to my son Valentine Hicks twenty one dies of my dyked Marsh belonging to my farm in Dorchester aforesaid lying and being in the North side of my Marsh and adjoining to the Marsh which I have before Given, granted and conveyed to my son Charles Hicks together with the remaining one third part of my undyked Marsh and the remaining the third part of the upland lying and being on the North side of my said farm beginning at the North End of the Sheepfold and continuing a Northwest course until it strikes the Marsh at the Edge of the upland and South East until it strikes the Kings Road and from thence along the course of the said Kings Road so far as to take one third part of the upland belonging to said farm and from thence the same course as the side line of said farm until it strikes the rear line and from thence along the said year line until it strike the rear side line of said farm and from thence along the said side line until it strike the Marsh at the Edge of the upland and from thence along the Edge of the upland unto the boundary struck from the Sheepfold at the Edge of the Marsh which described lands marsh and upland on my son Valentine Hicks aforesaid paying the legacies hereinafter to be mentioned shall be and remain his Real property and Estate forever

Item I Give and bequeath to my Daughters Abigail Roy, Thankful Sears and Mary Wilkinson each and every one of them twenty five pounds and let it remembered And I do hereby appoint and command that the last mentioned legacies be paid by my son Valentine Hicks out of the lands and premises given and granted by me unto him and it is my will and pleasure and I do hereby constitute and appoint that my Grandson Israel Hicks be and remain along with my dear and loving wife Sarah Hicks on the lands and premises which I have appointed for her support during her natural life and that he do work and manage the said lands and premises and that he do support and maintain my said loving wife in sickness and in health and I charge him that maintain her in a genteel and becoming manner and that he be tender obliging and kind to her at all times during her natural life and that she be buried in decent christian burial and it is my will and pleasure that my son Charles Hicks shall have the privilege of living in that part of my dwelling house where he now lives until such times as he gets a house ready to move into on the lands which I have Given and granted unto him and that he also shall have the privilege and use of my Barn until he gets one built for himself on his own land and I do also appoint and command that my son Valentine Hill shall assist my son Charles Hicks in work and materials for building to the

amount of twenty five pounds when my Son Charles may want to build — and that my wife and Grandson Sarah and Samuel Hicks shall also assist my said Son Charles in work and materials for building to the amount of twenty five pounds and that my son Charles shall give one year notice before he wants to build to my son and wife or Grandson Valentine and Sarah or Israel Hicks that they may be in readiness to assist him as I have appointed — And it is my will and pleasure and I do hereby constitute and appoint that my son Charles shall have the privilege of going through the lands which I have given and Granted to my Grandson Israel Hicks to and from the Marsh which I have and Granted unto him — And I do also constitute and appoint that my son Valentine shall have the privilege of going through the above mentioned lands given and granted to my Grandson Israel Hicks and also have the same privilege of a road through the Marsh which I have given and granted to my son Charles Hicks to and from the Marsh which I have given and granted unto him — And I do further appoint that if my Son Valentine can make a road from the marsh unto his own upland he shall have the privilege of Crossing the Marsh I have Given and granted to my Son Charles to and from the said Road which he may make — And it is my will and pleasure and I do hereby constitute and appoint that if my Grandson Israel Hicks should die before the death of my loving wife Sarah Hicks and should have no child or children to him the property which I have Given Granted and bequeathed unto him that the said property shall be and become the real property and Estate of my two Sons Valentine and Charles Hicks to be equally divided and shared between them after paying the legacies which I appointed to be paid by my said Grandson Israel Hicks out of this part of my Estate and that they shall also work and manage this part of my Estate for the use and benefit of my wife during her natural life and be always Good, kind and obliging to her and maintain her in a Gentel and becoming manner in every respect — But in case my Grandson Israel Hicks aforesaid should die before my said wife and have a Child or children to him his property it is my will and pleasure And I do hereby appoint and command that this child or Children shall have and inherit this part of my Estate which I have given , granted and bequeathed to the said Child or Childrens father my Grandson Israel Hicks aforesaid – And that the said property shall be and remain the real property and Estate of the said child or children for and after paying the legacies which I appointed to be paid out of this part of my Estate by their father aforesaid — and let it be remembered And I do hereby appoint that these legacies which I appointed to be paid out of my Estate

by my Grandson Israel Hicks and my sons Valentine and Charles Hicks are not to be paid until the decease of my wife and then to paid in such things as shall be raised of the farm at a fair valuation – And I further [???] that these legacies shall be paid to each and any one of them or their heirs and that all things herein mentioned be faithfully and truly performed – And I do hereby constitute and appoint and ordain my Son in law Thomas Crowson Executor together with my loving wife Sarah Hicks whom I appoint and ordain Executrix of this my last will and testament –

And I do hereby utterly disallow in revoke and disannull all and every other former testaments, wills and Legacies and bequests and Executors by me in anywise before named, willed and bequeathed. Ratifying and confirming this and no other to be my last will and testament.

In Witness whereof I have hereunto set my hand and seal this twenty fourth day of April in the year of our Lord one thousand Eight hundred and thirty – John Goodall , William Atkinson , Mariner Lamb – Ira Hicks , L. S.

Be it remembered that on this Second day of June in the year of our Lord one thousand Eight hundred and thirty before me Edward Chandler Surrogate and Judge of Probate in and for the County of Westmorland Mariner Lamb one of the subscribing Witnesses to the within and aforegoing instrument of writing personally came and appeared and being first duly sworn upon the Holy Evangelists of Almighty God depose and said that he saw Ira Hicks sign and seal the said Instrument of writing purporting to be the last will and testament of the said Ira Hicks having date the twenty fourth day of April in the year of Our Lord One thousand left hundred and thirty and heard him publish and declare the same to be and contain his last will and testament that at the time thereof the said Ira Hicks was of sound and disposing mind and memory to the best of his the said deponents knowledge and belief and that the deponent together with John Goodale and William Atkinson the Subscribing witnesses at the Execution thereof

Edw Chandler Surrogate & Judge of Probates County of Westmorland it remembered that on this second day of June in the year of our Lord one thousand Eight hundred and thirty before me personally came and appeared Thomas Crowson and Sarah Hicks the Executor and Executrix named in the annexed will and were duly sworn to the Execution and performance of said wife taking the Oaths of Executors any law required Chandler Surrogate & Judge of Probates County Westmorland

The left column of the last page adds:

Signed Sealed Published pronounced and delivered by the said Ira hicks so his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto [???] our names.

Westmorland

In addition to locating this will, it provides the married names of two of his daughters – Mary and Jane – which were unknown to me.

Note, too, that Rebecca’s husband was actually William WRY, which sounds a lot like Roy, but isn’t!

Since I haven’t worked on this family for so long, my next step will be checking the FamilySearch family tree for documentation and death dates for Sarah and the children.

Hicks

Maternal Branches in the Family Tree: Elida Ann Hicks (1833-1914)

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Elida Ann Hicks, my 2X great grandmother, and her family are one of my more interesting family lines because they represent American colonial ancestors who removed to Canada as pre-Loyalists, came back to Maine, and with a brick wall or two mixed in, just for genealogical fun!

No record has been found with the exact date of birth of Elida, but every census record and her death record indicates a birth sometime in 1833.

She appears in the 1850 census, aged 17, and then 27, 37 and 47 in the 1860, 1870 and 1880 censuses. On 25 April 1910, she was 77 and she was aged 81 years when she died on 20 February 1914. From that, it seems likely she was born either in January or early February 1833.

Her parents, Israel Hicks and Abigail Carlisle, lived in Buctouche, Kent, New Brunswick, Canada and Elida was the seventh of eight children born to the couple.

Elida never knew her father as he died in 1835, not long after her youngest sibling, Valentine, was born in December 834. Her mother, Abigail, must have been a strong, independent woman as she raised all eight children and never remarried after Israel’s death. Even more surprising is that Israel had been married before and also left four young children by his first wife. That must have been one busy household.

I had often wondered how Elida came to meet her future husband, Charles Augustus Stewart, as he lived in Charlotte, Washington, Maine. However, I discovered with a bit more research that Charles and Elida were first cousins, as his parents were John Stewart and Catherine Carlisle. Abigail Hicks and Catherine Stewart were sisters!

For a reason known only to himself, the Calais City Clerk only recorded marriage intentions in the 1850s, rather than also recording the exact date of marriage. Charles and Elida filed intentions on 6 July 1850 and likely married soon after because the census taker came around to Meddybemps, Washington, Maine and recorded the young married couple, Charles and Elida Stewart living there.

Charles was a farmer and Elida was a hardworking farmer’s wife. They had eight children, but, like many other families faced much heartache when several children died young.

All vital life events took place in Meddybemps, unless noted.

Children:

1. Wallace Newmarch, born May 1851; died 20 April 1882; married Annie M. Seymour, 4 May 1878, Lawrence, Essex, Massachusetts
2. Permelia, born December 1852; died 22 June 1854
3. Felicia, born September 1854; died 22 August 1861
4. Harry Weston, born 15 June 1858; died 20 July 1911; married Nancy Gilman Aldrich, 6 August 1879, Pembroke, Washington, Maine
5. Melissa E., born 4 August 1859; died 11 May 1921, St. Stephen, Charlotte, New Brunswick, Canada; married Frederick Austin Findley, 22 November 1882, Melrose, Middlesex, Massachusetts. They divorced before 1900 and had no children.
6. Carey M., born November 1866; died 18 February 1869
7. William Charles, born March 1868; died 21 December 1947, Boston, Suffolk, Massachusetts; married Josephine May Sadler, 23 September 1896, Washington County, Maine
8. Annie Maude, born 24 June 1874; died 10 September 1940, Ridgewood, Bergen, New Jersey; married Charles Edwin Adams, 21 September 1898, Worcester, Worcester, Massachusetts

As can be seen, Elida buried three young children – Permelia, Felicia and Carey – and lost two more sons who predeceased her – Wallace in 1882 and Harry in 1911.

She also lost her husband, Charles, suddenly when he came in early from his farm work and died of a heart attack when he laid down on the sofa.

I found it very interesting that, up to and including Charles’s death in 1894, the family was always recorded as “Stewart.” However, Annie married as “Stuart” and Elida’s few records in later life also called her “Stuart.” Bertha, Elida’s granddaughter, had the answer. She said her grandmother felt that Stuart sounded more French, so she changed the spelling!

I was fortunate to know Harry’s daughter, Bertha, and her daughters. One of the items her daughters shared with me was the biography that Bertha wrote about her grandmother, Elida. Bertha was also the valedictorian of her high school class and her daughters also shared her speech. Between Bertha’s two stories, a clear picture of life in Meddybemps, which hadn’t changed much from 1850, when Charles and Elida married, until 1910, near the last year of Elida’s life.

Somewhat surprisingly, no photograph of Elida has been found. Calais was a thriving city at the turn of the 20th century and there were multiple photographers in business and there are surviving photos of Elida’s children, taken in the 1800s. Whether Elida chose not to be photographed or whether any photo of her has been lost to time is unknown.

Elida traveled back to Canada multiple times to visit relatives. She hasn’t been found in the 1900 U.S. census or 1901 Canadian census, but she likely was in New Brunswick when the 1900 census taker arrived in Calais, Maine in the summer of 1900. Unfortunately, that is the only U.S. census record that recorded the exact month and year of a person’s birth and would have corroborated, or disproved, my belief that Elida was probably born in January or February of 1833.

Elida knew she didn’t have much time left and on 16 February 1914, she wrote her one-age will, signed with an X, likely because of weakness. The 1880 census indicated that Elida and Charles could both read and write.  Elida made several bequests:

1. Nellie F. Adams, $100.00 [Equivalent to well over $3500 today]
2. William C. Stuart and to “my grandchildren,” $1.00 each
3. Daughters Annie M. Adams and Melissa E. Findley, the remainder of the estate in equal shares
4. Annie M. Adams appointed executrix

Her will is interesting for several reasons. First, the #1 bequest was to Nellie (Tarbox) Adams, my other 2X great grandmother, who was still married at the time (husband Calvin didn’t die until 1921), so I have to believe that Nellie and Elida were close friends, on top of the fact that Nellie’s son and Elida’s daughter had married. Second, I don’t know whether Will Stuart had already received his share of the estate, but Elida took care to mention that he plus “her grandchildren” were only to receive a dollar. Lastly, Melissa was the elder daughter, but her last born child, Annie, was named executrix.

Elida passed away on 20 February 1914, probably very early in the morning because her obituary appeared the same day in The Calais Advertiser:

Elida was buried in the little Meddybemps Cemetery next to her husband, Charles, and her three little children who had all died so young.

 

 

Hicks, Stewart/Stuart Family

1861 Deed by Elida Stuart: Help Needed!

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UPDATED TRANSCRIPTION – Scroll down to the bottom!

Sometimes, we win the handwriting lottery in old documents and, other times, we don’t. I definitely didn’t win with this deed, created in Calais, Washington, Maine, but filed in Kent County, New Brunswick, Canada.

All I can say is the county clerk shouldn’t have been fired, he should never have gotten the job!

This deed is mercifully short, but there are still a handful of words I haven’t been able to figure out, even though I’ve worked on this for three days!

If you are challenged by hieroglyphics, this is your chance to test your skills!

Here is my transcription, but see below for a crop of the above deed:

Know all men by these presents that I Elida Stuart of the Town of Meddybemps in the County of Washington in the State of Maine for and inconsideration of the sum of twenty pounds lawful money of New Brunswick to me paid by Mariner Hicks of the Parish of Wellington in the County of Kent and Province of New Brunswick the receipt whereof I do hereby acknowledge have granted bargained and sold and by these presents do grant bargain and sell unto the said Mariner Hicks his heirs and assigns one certain piece or parcel of Land situate lying and being on the West side of the Little Buctouche River in the County of Kent aforesaid being all my right title share and interest of in and to all that certain (?) and (?) Land owned by my late father Israel Hicks and bounded on the Westerly Lands occupied by Andrew (Jenet?) and on the East by Lands occupied by the heirs of the late Ira Hicks and containing in the whole ninety acres more or less. To have and to hold the same Lands and premises with the appurtenances to the said Mariner Hicks his heirs and assigns and (?) every (?) who of forever and I do for(?) and (?) with the said Mariner Hicks his heirs and assigns that he is seized of the premises as a (?????) estate of inheritance in fee simple free of and from all manner of encumbrances whatsoever and that I have a good right (?) power and (?) (?) to (?) bargain and sell the same in manner and form as (?) within.

In witness whereof I have hereunto set my hand and seal this third day of June in the year of our Lord one thousand eight hundred and sixty one.

Elida Stuart (seal)
Signed sealed and
delivered in presence of
ER Chase

State of Maine – Calais June 3rd 1861

Personally appeared Elida Stuart the person who signed (?) and of her own free will acknowledged that she understood the meaning of the above written instrument and that it was her own (free will?) and deed.

Before me ER Chase Mayor of the City of Calais

Here is an enlarged crop of the second half of the deed, where I am missing the most words:

The text (updated after K made several suggestions with which I agree). Note that I have looked for this Andrew in the 1851, 1861 and 1871 censuses of Kent County, New Brunswick. I can’t find him OR any surname that looks anything like what is written in this deed. I also figured out a couple more words.:

occupied by Andrew (Jenet? Gand?) and on the East by Lands occupied by the heirs of the late Ira Hicks and containing in the whole ninety acres more or less. To have and to hold the same Lands and premises with the appurtenances to the said Mariner Hicks his heirs and assigns and with every (?) (who of?) forever and I assign my heirs executors and administrators (???) with the said Mariner Hicks his heirs and assigns that he is seized of the premises as a good indispensible estate of inheritance in fee simple free of and from all manner of encumbrances whatsoever and that I have a good right with power and lawful (?) to (?) bargain and sell the same in manner and form as (?) within.

I would appreciate any help you can provide – even if it is only a word or two. It takes a village and the indecipherable words are being decoded bit by bit. Thank you! 🙂