This is the will of John S. Washburn of New Bedford, Mass., from LDS microfilm #0577879. John Spooner Washburn was born probably in Dartmouth, MA, in about 1783, the son of Lettice Washburn and his second wife, Sarah Spooner, to whom he married on 24 Jan. 1782 in Dartmouth. The birth record of John S. Washburn was not recorded in the vital records of Dartmouth, but his father is proven by an 1827 deed of land in Bristol County from Lettice Washburn to his son John S. Washburn, found in Bristol County Deeds 122:254. John S. Washburn is the ancestor of Barbara Washburn-Lienhard, formerly of this Washburn mailling list, who is now travelling, and I'll forward a paper copy of this to her, but I thought that others might also be interested. John S. Washburn married Desire Omans, of New Bedford, MA, on 19 Aug. 1804 in New Bedford. The will is interesting because although he names his wife, Desire, he names only his two youngest children, none of the others. Finally on the very last document in the folder is the list of the other children, who sign their agreement to the final accounting of Alfred Nye, the executor. This is found on one of the "loose papers" in the probate folder of John S. Washburn, and was probably not recorded in the court probate books, so one who was searching the court records wouldn't find this. You would have to check the loose papers within the probate file to find it. Luckily the LDS Church has microfilmed these loose probate papers for us! Here is the will: "Be it remembered that I John S. Washburn of New Bedford in the County of Bristol being weak in body but of sound mind and memory do on this fifth day of February in the year of our Lord one thousand eight hundred and forty two make and publish this my last will & testament in manner and form following, that is to say First, I give and bequeath to my beloved wife Desire Washburn the use and improvement of all my Estate both Real and Personal wherever the same may be found after my Just debts shall be paid, and if through sickness or infirmity my Widow shall be unable to support herself out of the improvement aforesaid, Then my will is that she sell such portions of my personal or real Estate as she may think proper in order to afford her a comfortable support, and I hereby fully authorize and impower her so to do and if she shall sell real Estate to make & execute good and sufficient Deeds therefor, And my will further is that if my Widow should decease before my Son Stephen and Daughter Nancy arrive to lawful age then that the said Stephen and Nancy should have the same improvement herein given to my Widow (excepting however the right to sell any portion of my Estate) Secondly, My will is that at the decease of my Widow and after my two Children Stephen & Nancy as aforesaid shall arrive to lawful age that all my Estate both real and personal be equally divided among all my Children as an absolute Estate to them their heirs and assigns forever. Lastly, I do hereby appoint and Constitute Alfred Nye Sole Executor of this my last will & testament. In witness whereof I have hereunto set my hand and seal the day & year within written. John S. Washburn Signed, sealed, pronounced and declared as and for his last will & testament in the presence of us who at his request and in his presence and the presence of each other have hereunto set our names as witnesses to the same Jonathan Danforth William Spooner Seth Howard Jr. June 7, 1842, approved" The will was presented in court by Alfred Nye on 5 April 1842, and proved on 7 June 1842 by Jonathan Danforth, William Spooner and Seth Howard Jr. The bond of Alfred Nye, executor of the will of John S. Washburn, was dated 7 June 1842, with Cyrus E. Clark and Hananaih C. Wing, all of Fairhaven, as sureties. William Spooner and William Hathaway of New Bedford, and Alden Spooner of Fairhaven were appointed to appraise the estate of John S. Washburn of New Bedford on 28 April 1842. The real estate was valued at $1425, including the homestead at $1200 and a lot in Weston Town at $200. His personal estate was valued at $718.50. Alfred Nye, executor, made oath to the inventory on 7 June 1842. The accounting of Alfred Nye, executor of the estate of John S. Washburn, was dated 5 Feb. 1850, and the heirs at law of John S. Washburn signed their agreement to the accounting on a separate paper in the probate file: William Washburn James Washburn Sarah Hathaway Nancy Washburn Betsey D. Fuller Reuben Washburn Of the children of John S. Washburn and Desire Omans, William Washburn was still living in Fairhaven, MA, in the 1850 census, with his wife, Sarah. James Washburn married Elizabeth Winslow Hathaway on 23 Jan. 1842 in New Bedford, and was living in New Bedford in the 1850 census. Sarah Washburn married Capt. William Hathaway of New Bedford in 1837, and they were living in Fairhaven, MA, in the 1850 census. Nancy Washburn was still unmarried and living with her sister Sarah Hathaway and her husband in the 1850 census, while her brother, Stephen, named in the will, must have died unmarried before the 1850 accounting, since he did not sign. Betsey D. Washburn married first to Benaiah Gilman of New Bedford in 1825, and secondly to Asa Fuller of Freetown, MA, on 11 Apr. 1839, and they were living in Freetown in the 1850 census. Reuben Washburn married Olive (Armsby/Ormsby) Cole, widow of Jason Cole, on 5 Mar. 1837 in New Bedford. Another daughter, Desire Washburn, married John Chase in 1826 in New Bedford or Fairhaven, but she died in 1830, probably childless. Another son, Peter Washburn, also died single in 1836. John A. Maltby Redwood City, CA jamaltby@creative.net