The Will of Merritt Howell Jr

When I gather documents about an ancestor it’s not just about gathering the information but about putting that information in perspective for that ancestor’s life. I can look at the events of their lives to try and understand what might have been important based on those events. I won’t know for sure but I can make assumptions about what they may have been thinking. If all I do is just gather information and not put it in perspective then all I am doing is gathering documents.

The Will for Merritt Howell, Jr. , my 4^th great-grandfather, is a long one. (See post The Life of Merritt Howell, Jr. for more information on his life.) For a while now I have struggled to make this as meaningful to his life as I possibly can. I finally decided to break up the Will and Codicils with some comments after each section that help tell the story of what was happening at the time and some questions that arose for me as I was reading it. This helped me put some perspective on the Will and Codicils.

The Will was written 7 February 1853 when Merritt was 70 years old. He and his wife ‘Elenor’ (a different spelling then I previously believed) Howell had been married 50 years. Some of my information on the children is sketchy. At this time, I believe, he had the following children still living, 1 son and 6 daughters:

• Sally (Sarah)
• Jemima (my 3^rd great grandmother)
• Hampton
• Betsey
• Fanny
• Harriett
• Frances

Liber 6 pages 309-320, Suffolk County Probate

Transcription:
In the name of God Amen, I Merritt Howell of the town of Riverhead, County of Suffolk, State of New York, being of sound mind and memory do make, ordain and publish and declare this my last will and testament in manner and form following that is to say:

First, I give unto my beloved wife Elenor Howell the one equal undivided half part of my homestead North of the highway on the West side_Also one equal undivided part of one quarter of an acre on the East side of my land and meadow lying before my door South of the highway_ for the purpose of a Dock and Landing place_Also the West half part of my land and meadow lying before the door South of the highway after taking out the quarter of an acre above disposed of_Also one equal undivided half part of a tract of Meadow called Broad Meadows in the town of Southampton to use as she thinks proper during her natural life_likewise I give unto my beloved wife Elenor all my moveable property both outdoors and indoors_all my money and Notes_except such as are herewith otherwise disposed of_After paying all my just debts and funeral charges with thirty dollars for each of us tombstones_

Secondly-I give to my grandson Elbert H. H. Edwards all of the real estate above given to my wife during her natural life-on her decease with the condition and restrictions following towit:

I give to my daughter Sally Edwards the other undivided half tract of my homestead on the North side of the highway, during her natural life, then to go to her son Elbert H. H. Edwards and his heirs-After the decease of my wife Elenor I give to my daughter Sally Edwards the use and control of all my real estate above given until her son Elbert H. H. Edwards arrives to the age of twenty five years- then the real estate given to my wife Elenor she being deceased to go to him-If he should die before that time leaving no heir the real estate above given to my wife to go equally to my children_It is my will that the real estate above given to my daughter Sally Edwards during her natural life should go to her son Elbert H. H. Edwards and this heirs_But if he should die before her decease without heirs, it is her to dispose of as she pleases_I likewise give to my daughter Sally Edwards a certain mortgage and notes which I hold against her deceased husband-

I give unto my son Hampton F. Howell the woodland which I own in the thirty six Lot Quogue Purchase_also another tract of woodland containing four or five acres lying near the village of Riverhead between the Quogue and Flander roads adjoining the land of Charles Vail_Also one half part undivided of my land and meadow lying before the door, the balance after giving my wife as above directed_that is to say one equal half part of the quarter of an acre set off for a Dock and Landing and the Eastern half part remaining_Also one equal half part of Broad Meadows and one equal half part of my meadow at Muddy Creek_Also I give him the East part of my barn, with this condition nevertheless that my son Hampton F. shall give to my grandson Elbert H. H. Edwards three acres on the North End of the Cedar Swamp now owned by him and a right of way through gates and bars_likewise he must pay my daughter Sally four hundred dollars for Elbert when he shall have arrived to the age of twenty one years to build a house with if should want it_

I give unto my daughter Jemima Howell a certain note which I hold against her husband Daniel Howell and sixty acres of woodland a part of the Thousand acres so called during her natural life then to her heirs_

I give unto my daughter Betsey Smith a certain mortgage and Notes which I hold against her husband John R. Smith and sixty acres of woodland a part of the Thousand acres so called during her natural life then to her children_

I give unto my daughters Fanny B. Terry, Harriet N. Hallock and Frances N. Hallock each equally undivided all that tract or parcel of woodland lying near the village of Riverhead South of the Mill Pond adjoining the same containing one hundred and sixteen and a half acres_

I give unto my Grandsons hereafter to be mentioned as follows to Henry H. Howell twenty acres of woodland to Meritt H. Smith twenty acres of woodland, to Theodore B. Terry twenty acres of woodland, to my grandsons James H. Edwards and Chauncy A. Edwards each ten acres of woodland, all to be of the tract which I own called the Thousand Acres. It is my will that my daughters Jemima Howell and Betsey Smith take their sixty acres each making one hundred and twenty acres from the West part of my land called the Thousand Acres undivided_the Remainder Eighty acres to go to my Grandsons undivided as above written_

Last I give unto my beloved wife Elenor all of that tract of land lying North of the North Road called my “North Side” adjoining the Sound and lying between of Warren Young on the one side and Josiah Howell and Wells Howell on the other to dispose of as she sees fit_

I hereby appoint my beloved wife Elenor Executrix and my son Hampton F. Howell Executor of this my last will and testament, hoping that it may be executed according to the true intent and meaning thereof_

In witness whereof I have set hereunto my hand and seal this seventh day of February one thousand eight hundred and fifty three_
                                                                                                             Meritt Howell L. S.

Signed sealed published and delivered by the above Meritt Howell to be his last will and testament in presence of us who have subscribed our names at his request as witnesses in presence of the testator and of each other_
     Joshua L. Wells Jun. of the town of Riverhead in the County of Suffolk_
     Caleb Hallock of the town of Riverhead in the County of Suffolk

From the Will I know which children are living in 1853 at the writing of the will, what the married names of the daughters are and what grandsons there are:

• Sally married an Edwards and had sons Elbert H. H. Edwards, James H. Edwards and Chauncy A. Edwards. Sally’s husband died in 1848. They had 3 sons and 2 daughters. I wonder why Elbert was given more in Merritt’s Will then the other 2 sons who were all fatherless at a young age? 
• Jemima (my 3^rd great grandmother) married a Howell and had a son Henry H. Howell
• Hampton was Executor and no children listed
• Betsey married a Smith and no children listed
• Fanny married a Terry and had a son named Theodore B. Terry
• Harriett married a Hallock and no children listed
• Frances married a Hallock and no children listed

Color coding the children and grandsons really helped me. After I did that I noticed that there were only grandsons mentioned and began to wonder if there were granddaughters that were not mentioned? Some additional research said yes, there were granddaughters that were alive but not mentioned in Merritt’s Will. That’s interesting! I guess he did not feel that leaving them property, money or items was important?

I find it interesting that Merritt did leave 'mortgages' and 'Notes' he must have held connected with his daughters individually to them. Did several of his son-in-laws borrow money from him to buy property for their families? Was the land part of Merritt’s property that he sold to them? Interesting question for later research.

Were Joshua Wells and Caleb Hallock friends of Merritt and/or possibly related?


Stopping here to digest the information learned seems like a good thing to do.  I learned a great deal about Merrritt and his family from this will.  There are an additional 3 Codicils for the next post. What else will I be able to learn about Merritt from those?

Note: Up until the 1850s paper was made from recycled linen and cotton rags.  In the 1850s paper was beginning to be made from wood.  Pens with metal nibs that could hold ink began to be produced in the 1820s.  I wonder what ‘paper’ and 'pen' Merritt used to record this will?  


If you have any corrections or additions or stories to share I look forward to hearing them.
Enjoy the journey,
Debby