John Burgess (1710-1783) and His Wife Alice Baker (1716-1771) of Yarmouth (now Dennis), Massachusetts

John Burgess was born in the middle of October 1710 at Yarmouth, Barnstable County, Massachusetts, the son of John and Sarah (Nickerson) Burgess. [Yarmouth VR p 16] I wrote about John Sr here. His surname is spelled in a variety of ways including Burg, Burge and Burges. He is my 7th great-grandfather on my grandmother Milly (Booth) Rollins’ side of the family.

John married Alice Baker, spelled “Elies Bacor” in the record, on 20 February 1734/5 at Yarmouth. [Yarmouth VR p 175] They were married by Peter Thacher, Justice of the Peace. Their marriage intentions were published in Yarmouth on 2 February 1734/5. [Yarmouth VR p 175] Because of the spelling of her name in the marriage record, Alice is often misidentified as Elizabeth Bacon, including by genealogist/writer Ebenezer Burgess.

Alice Baker was born 24 January 1716 at Yarmouth, the daughter of John and Hannah (Jones) Baker. [Yarmouth VR, p 44] Her name is also seen spelled as Elce and Elece. Alice’s sister Sarah Baker married John’s brother Ezekiel Burgess.

Alice and John Burgess lived in the area of Yarmouth that became Dennis in 1793. They had six children, births recorded Yarmouth Vital Records 1:66.

1. John Burgis born 4 May 1736 [“September the 6th” crossed out and “May the 4th” interlined]; marriage intentions Sarah Rogers of Harwich 28 October 1756 [Yarmouth VR 1:193]; died Belfast Maine 29 November 1827 [Belfast VR 2:5]
2. Hannah Burg born 16 September 1737; married Sylvanus Baker 16 Oct 1755 [Yarmouth VR 1:163]; she died before 8 April 1756 when her husband remarried
3. Joseph Burg born 17 November 1739; intentions to marry Deliverance Baker of Harwich 24 November 1759 [Yarmouth VR 1:195]; removed to Fairhaven in Bristol County; married, second Rebecca Nickerson [Hiam]
4. Zilpha (as “Zilfa Burgis”) born 16 April 1742; intentions to marry Samuel Chase 4 December 1758 [Yarmouth VR 1:194]; married, second, her brother-in-law John Chase about 1770 [Chamberlain]
5. “Elce Burg,” also identified as Elizabeth, born 12 August 1744; “Elce Burges” married Samuel Farris 10 December 1761 [Yarmouth VR 1:203]; likely died before 31 December 1781 when she is not mentioned in her father’s will
6. Mary Burges born 20 May 1749; Katharine Hiam in her Burgess genealogy Mary marrying Moses Hopkins 1 March 1765 and having children, but in her father’s 1781 will she is clearly a single woman without issue 

I descend from Zilpha and her first husband Samuel Chase. 

John’s estate records indicate that he was a farmer, served in the militia as his inventory included “war like accoutrements,” was ill at the end of his life, was illiterate as he signed his will with a mark (although this may also have been due to illness), and other than table linens he did not own finer things that indicated wealth such as silver and books. John died insolvent and it was necessary to sell off some of his land to pay debts.

John is mentioned as youngest son in his father John Burgess’ 2 March 1729/30 will. He and brother Samuel are named co-executors; John to pay two-thirds of the cash legacies to his siblings; Samuel to pay one-third. After any debts and funeral expenses are paid, John to receive anything that remains.  “I give and bequeath unto my son John Burges and unto his heirs & signs forever my Dwelling house barn & oarkerd [orchard] together with all my lands and meadows adjoining and belonging to my homestead commonly called and known by the name of Long Neck according to ye known bounds thereof.” [Barnstable County Probate Records 5:229]

“Alice Burge” is mentioned second in the list of four surviving daughters in the 13 June 1751 will of John Baker. [Barnstable County Probate 12:18-20]

Alice Burgess died 21 March 1771 at Yarmouth: “Else Burgis wife to John Burgis departed this life March the 21st 1771.” [Yarmouth VR p 279] Alice was 55 years old. On 21 March 1771 Rev. Nathan Stone wrote in his diary: “John Burges wife Died.” The next day he notes that he attended her funeral. [Derick]

John married, second, Hannah (Severance) Hinckley, widow of Thomas Hinckley, at Harwich on 31 July 1771 (intentions). Her birth date and parents are not known. [Austin]

John died in Yarmouth between 31 December 1781 (will written) and 4 May 1783 [will proved], likely close to the latter date. He was about 72 years old. 

John Burges, husbandman of the town of Yarmouth, wrote his will 31 December 1781. He left the following bequests:

• Dearly Beloved wife [no name given] one half my dwelling house, the southwest half, excepting a percentage for my youngest daughter; also one-third of all my real and personal estate as long as she lives; he names her executor
• Eldest son John Burges $1.00
• Joseph Burges $1.00
• Zilpha Chase eldest daughter $1.00
• Grandson Samuel Farris $1.00
• Grandson Thomas Farris $1.00
• Grandson Jeremiah Farris $1.00
• Granddaughter Salome Farris $1.00
• Granddaughter Rhoda Farris $1.00
• Youngest daughter Mary Burges one-half of my dwelling house, the easternmost half, with privileges of the use of the oven to use in the other half of the house; two-thirds of my real and personal estate, two-thirds of my other buildings, two-thirds of all my accoutrements with two-thirds of all husbandry tackling; after wife’s decease, her one-third to Mary except the third of the moveables wife can dispose of “to her pleasure;” if Mary dies without issue, then her part to go to his sons John and Joseph Burges

John Burges signed his will by mark. Witnesses: Eleazer Nickerson, John Nickerson, Israel Nickerson. The witnesses all sworn before Judge Daniel Davis on 4 May 1783. 

Eleazer Nickerson, Israel Nickerson, John Baker were appointed to conduct inventory of estate of John Burges, late of Yarmouth, on 10 May 1783. Inventory was taken 12 May 1783. The inventory totaled more than £143, although the way things are totaled this isn’t entirely clear to me. Personal estate included wearing apparel, horse, pair oxen, cows and a calf, husbandry tools and tackling, household furniture (beds, table, desk, chairs, chests, cupboard), war-like accoutrements, pewter ware, earthen ware, iron ware, wooden ware, warming pan, and table linen.

Real Estate: 1 wood lot, one field called the Neck with the adjoining meadow, one piece of salt meadow ye middle marsh, all the remainder of the cleared land to the westward of the house, one piece by the house and well, the swamp to the southward of the house, the buildings and dwelling house, barn, the corn house. 

On the first Thursday of April 1784 Hannah Burgis, executrix to the will of John Burgis late of Yarmouth deceased, presented the inventory of said John’s estate and the same allowed by judge Daniel Davis.

There are multiple documents about John’s estate being declared insolvent. Several men were appointed to act as commissioners to examine the claims of the creditors. Given the money available, creditors were paid 13 shillings and penny per pound owed.

On 28 October 1783, John Burgess’ widow Hannah Burgess was allowed £24 to be taken out of the estate for her use.

A May 1784 petition of Hannah Burges to sell and pass deeds to convey the testate’s real estate to the amount of 46 pounds for the payment of his debts was approved. Accountings by Hannah dated April 1784, May 1784 and November 1784 show that she spent considerable time and expense in settling her husband’s estate—paying taxes, going to court, paying people to sell real estate, having rye harvested, and paying witnesses/appraisers/commissioners. She signed all of the probate documents by mark.

A 15 April 1783 list of creditors of John Burgis’ estate include £1 13s to Doctor Hendricks, indicating that John had been sick. [Barnstable County Probate vol 23 p 132, 134] An accounting from the same date paid John Stewart £1 8s for “nursing in last sickness” and £1 16s to Dr Fessenden’s bill for “last sickness.”

On 28 October 1783 Israel Nickerson Gent., Eleazer Nickerson and Isaiah Baker yeomen, were appointed by Judge Daniel Davis to make division and partition of John Burgis’ real estate and set off widow’s thirds to Hannah Burgess. The three men gave a detailed description of land set off to Hannah. She received half of the dwelling house and land near the house which mentions abutters Eleazer Nickerson, Joseph Burgis, Sparrow Howes. Also woodlands at Crookery Neck (Crook’s Neck later Crocker’s Neck in Dennis Port) which mentions abutters Thomas Chase, Eldredge, and Godfrey. 

Sources:

Library of Cape Cod History and Genealogy, "The Baker Family of Yarmouth, Descendants of Francis," No. 73, 1912 [no author indicated]

Katharine Hiam, Burgess Genealogy: Descendants of the Four Sons of Thomas Burgess and Dorothy (Waynes) Burgess, 1997

Burton N. Derick, Dennis Source Records, Volume 1: Church Records, 2004

George Walter Chamberlain, NEHGS Register, ”Some of the Descendants of William Chase of Roxbury and Yarmouth, Mass.,” January 1933

Ebenezer Burgess, Burgess Genealogy: Memorial of Thomas and Dorothy Burgess, 1865

Barnstable County Probate Records 21:267-270 (will),  23:132 & 134 (insolvency/creditors), 23:170-71 (widow’s allowance) 23:189-190 (setting off widow’s thirds), 23:258-259 (accounting), 23:408-412 (inventory, insolvency, license to sell real estate, accounting); viewed on FamilySearch.org 

John D. Austin, Mayflower Families Through Five Generations: Family—Stephen Hopkins, Volume 6, page 384, GSMD, 2001