William Swift (born England ca 1596; died before Jan 1642/3 at Sandwich, Mass.) and His Wives Sarah and Joan

William Swift was born by about 1596 in England, based on estimated age at marriage. He was from Bermondsey, Surrey, [Fiske] but I do not know if that was his birthplace or who his parents were. His last name is sometimes spelled Swyft. He is my 10th great-grandfather on my grandfather Arthur Washburn Ellis Davis’ side of the family.

In England William was a leather seller. He migrated to New England in 1634, based on his appearance in Massachusetts Bay Court on 7 April 1635. [Mass Bay Court Records 1144] He was first at Watertown, Massachusetts, but removed to Sandwich on Cape Cod in 1639, buying the largest farm in town. [Bond] From 1640-1650 new arrivals increased the number of families in Sandwich to fifty. The original Swift homestead, which burned down, was on present Standish Road in North Sagamore. [Lovell]  In 1887 it was owned and occupied by William’s descendant Shadrach Freeman Swift, Esq. [Bond]

William Swift married, first, about 1618, Sarah whose maiden name is unknown. Sarah and William had four children [Fiske]:

1. Edward Swift born say 1618; apprenticed to a butcher in 1633 and freed in 1640; no further record
2. Hannah Swift born say 1620; married Sandwich 5 November 1642 Daniel Wing, son of John Wing  [Sandwich VR 2:1249]
3. John Swift bp St. Mary Magdalen, Bermondsey, Surrey 26 June 1622; buried there 29 June 1622 
4. Mary Swift bp St. Mary Magdalen 21 August 1625; buried there 4 September 1625

Sarah died in August 1625, either from childbirth complications or plague. She was buried at St. Mary Magdalen on 24 August 1625. [Fiske] How heart-breaking for William to lose his young wife and two newborn children. 

On 3 January 1625/6 William married, second, Joan whose maiden name is also unrecorded, at St. Mary Magdalen. Joan married, first, Roger Dimbleby who may have been a victim of the plague. Joan and Roger had four children who all tragically died in infancy, perhaps plague victims: Hester, Andrew, and two sons named Roger. [Fiske]

Joan and William had three children [Fiske]:

v. William Swift bp St. Mary Magdalen 25 April 1627; married by 1651 Ruth —?— 

vi. Esther Swift bp St. Mary Magdalen 28 May 1629; married 1) by 1646 Ralph Allen; probably married 2) Sandwich 14 February 1664[?/5] “Henery Bull of Rode Island” [Sandwich VR 2:1248]

vii. Sarah Swift bp St Mary Magdalen 7 August 1631; buried there 8 Sept 1631

I descend from William.

It is likely William and Joan knew each other before the losses of their spouses as Joan’s husband Roger was also a leather seller. Perhaps they were drawn to each other because of their similar experiences in such incredibly tragic losses of children and spouses or it may have been a practical arrangement. Of their eleven combined children only four survived to adulthood. It is easy to understand why they were willing to accept the risks of moving to a new world. 

William had some education as his inventory included “a parcel of books” valued at £1. [MD 4:168, transcribing PCPR 1:44-45] “Willm Swyft” is in the Sandwich section of 1643 Plymouth Colony list of men able to bear arms. [PCR 8:192] His inventory included “two swords” valued at 10s, “two muskets at 10s [each], valued at £1, “two pair of bandoliers” valued at 4s, “a halberd” valued at 2s, and “a French bill & corslet” 16s, indicating he was a member of the militia. [MD 4:168-9, PCPR 1:44-45].

William was involved in many land transactions:

• On 25 July 1636 William Swift was granted 40 acres in the Third Division of the Great Dividend at Watertown. [Watertown Records 5] 
• On 28 February 1636/7 “William Swift” was granted five acres in the Beaver Brook Plowlands. [Watertown Records 7]
• On 31 March 1640 “Thomas White granted unto John Knight a house & lands with the appurtenances which he bought of William Swift of Watertowne.” [Suffolk Deeds 1:44] 
• On 6 May 1646 “Swift’s land is by order of Court confirmed to Thomas White.” [MBCR 2:147] (In the Watertown Inventory of Possessions and in the Watertown Composite Inventory, the Great Dividend and the Beaverbrook Plowlands parcels granted to William Swift were held by John Knights. [Watertown Records 43, 128]. The eight acre homestall and the five acres in the Remote Meadows, and perhaps some other parcels listed among the holdings of John Knights, would also have belonged to William Swift.)
• On 28 June 1641, “William Swift of Sandwich granted unto Thomas White of Sudbury all his messuage & tenement with all his right thereto belonging lying in Sudbury & then in the possession of the said Thomas White, for security of his lawful possession of that house which he bought of Swift.” [Suffolk Deeds 1:46] 
• On 2 Dec 1643 consequent to “an agreement between William Swift of [Sa]ndwich and Hugh Drury of Sudbury that for and in consideration of three pounds lent by the said Hugh Drury to the said William Swift which the said William Swift by covenant bound himself to pay the said Hugh Drury in and upon the 29th day of the 7th month [September] 1643 and in default of payment the said William Swift bound over a certain house and land in Sudbury which was sometime the land & possession of Witherlyes and after in the possession of John Knight, which payment being not performed according to the covenant by William Swift nor he appearing on the day appointed, the said Hugh Drury hath entered upon the said house and land.” [Sudbury Town Records 23] (The probate inventory of William Swift included among the debts owed by the estate “to Hugh [blank] Mr. Noyce servant £3” and “for levies at Sudburry £2.” [MD 4:171]
• On 6 May 1646, “John Bridge, Lieut. Mason, & Edmond Goodenow, bringing into this court their determination of the difference between Tho White & the widow Swift, finding that Tho White hath run out in just charges on the widow Swift’s land the sum of £9 19s 8d, besides the breaking & improving of land, for that which the judge & determine the present that is now in the ground will be full satisfaction, & find fifteen pounds principal debt; all the charges &c.  coming to £24 19s 8d, the which the agent of the widow Swift refuseth to pay, it is ordered, therefore, that the land henceforth shall remain the inheritance of the said White & his heirs forever from the date hereof.” [MBCR 3:66]
• According to his inventory he also owned a house and land at Sudbury in Massachusetts Bay.

William was involved in a court case in England the details of which I do not grasp very well as it reads like a “who’s on first” bit. On 27 March 1638 William “Swifte” sued Richard Hollinworth for debt. It referenced a 1636 case between William and Andrew Coleman and that concerned a £100 bond from when William was a surety for Roger Spring (principal debtor) and Josiah Smith of Bermondsey Street, leather-dresser, and another surety for £52. Also in 1636 William mortgaged his Watertown house and lands to John Haynes, attorney working on behalf of Andrew Coleman of England. William alleged Coleman already recovered the debt from John Smithman and William Stacy Jr of Bocking, which they owed William. The amount came close to matching the surety that was owed by William and since Smith was a man of sufficient estate, he was expected to pay the other half. William also mortgaged, for £20 10 shillings, property in Sudbury, Massachusetts to Mr. Butrton, presumably to settle his obligation to Coleman. Whatever all this means, it resulted in William Swift being arrested about midsummer 1637 and imprisoned at Whitechapel, a debtor’s prison in London. I’m not sure how long William was imprisoned but he was back in New England by 27 March 1638. To read more about this see Hale 308-10, 438, Essex Quarterly Court Records 1:7, Mass Bay Court Records 1:200, 298-99. 

Joan also appears in court records. 

• On 6 March 1648/9, “Mr Thomas Dexter Senior complaineth against Mrs. Joane Swifte, in an action upon the case, to the damage of forty shillings. The jury find for the plaintiff thirty shillings damage, and the cost of suit. Judgement granted.” [PCR 7:44]
• On 20 August 1651 “John Vincent, Willm Newland, Anthony Wright, Robert Botfish and Richard Bourne being deputed by the town of Sandwidge in the behalf of the said town” to settle accounts with Edmond Freeman, reimbursed him for “the sum of seventeen pounds in the consideration of the purchase of the lands from the Indians” from three different sources, the last of these being “4 pounds…paid by Mrs. Joane Swift.” [PCR 12:211-12]
• In October 1660 “Jone Swift” was one of 25 men and women fined for being at Quaker meetings. [Plymouth Colony Records 8:103]

William Swift died before 29 January 1642/3 at Sandwich when his inventory was exhibited at court, likely close to that date. He was only about 46 years old. 

The estate inventory of William “Swyft” was exhibited at court on 29 January 1642[/3], totaled £82 11s 1d. It is quite lengthy and includes a variety of furniture and other household items, books, tablecloth and napkins which were luxuries, a pair of little scales and weight [indicating he was in business of selling something], a top for a still, sechell [seashell?], 5 bushels of Indian corn, 2 bushels of winter wheat, 3 pecks of beans, a bushel of peas, pumpkins, turnips, cabbages, racks of hay, churn, cheese press, pickaxes and a hatchet, beer barrel, butter, spinning wheel, grinding stone, pork, two cows, 4 young cattle, heifer, three calves, 8 swine, 10 pounds of yarn, 7 pounds of cotton wool. His house with land and meadow is valued at £10 10s 10p; a house and land in Sudbury in Massachusetts Bay mortgaged to Mr. Burton £20 10s is mentioned but not included in the inventory total. [MD 4:168-71, transcription from PCPR 1:44-5; see also Hale 438] 

Although William seemed to be a man of means, he died heavily in debt—about £250. Perhaps he died too soon so had not received a return on his investments. 

To Mr. Thomas Wallis 90 00 00

To Mr John Buckley 89 00 00

To Mr John Casteele 21 00 00

To Mr Blackwell 06 00 00

To a hatmaker 02 00 00

To John Barnes 17

To Thom Dexter 01 10 00

To Daniell Wing 00 19 00

To Joseph Winsor 00 04 00

To Thom Butler 00 03 00

To Thomas Gibbs 00 14 00

To Thoms Johnson 00 05 00

To Miles Blacke 00 07 00

To Mr Waterhouse 04 18 00

To Goodman Armitage 05 00 00

To Hugh [left blank] Mr Noyce servant 03 00 00

For funerall charges 02 00 00

For levyes at Sudbury 02 00 00

To Mr. [left blank] 01 04 00 

On 7 March 1642/3 “letters of administration are granted to Joane Swyft, of Sandwich, to administer upon her husband’s estate, and to pay debts as far as the estate will amount unto, by equal proportions, and is bound to the Governor & Assistants to do it, & Daniell Wing with her.” [PCR 2:53] 

On 11 March 1642[/3] “Joane Swyft, administratrix of Wm Swyft, deceased, hath paid to John Barnes £5 3s 4d upon the administration of her husband’s estate, that amounting to pay each of his creditors 6s 8d in the pound, so that there is more due unto him upon this payment 10s, his debt being £17 6s 8d, and hath delivered unto her her husband’s bills & writings for that money, provided that if there do arise any more due unto him, others being paid according to the like proportion, that he have his proportion as it will come to.” [PCR 2:54-5].

Joan Swift survived her husband by almost 20 years, never remarrying. She had the difficult job of settling William's business matters and stayed involved in the affairs in the town of Sandwich. She must have been an incredibly strong person, a true force. She survived so much loss in England, dared to travel to the new world, settled her husband’s complicated business affairs, and then kept the farm and business going. 

Joan’s death is not recorded Sandwich Vital records but her grandson Jedediah Allen, son of Ralph and Easter/Esther Allen, wrote in the family Bible: “Jone Swift, my grandmother, deceased ye 26 day, ---" the rest is torn off with the leaf. As her will dated 12 October 1662 and the inventory of her estate was taken 25 December 1663, she probably died 26 November 1663. [Swift]

Joan Swift’s will was dated 12 October 1662; proved 3 March 1663[/4] and 7 April 1664. [PCPR 2:2:16; MD 16:21] “Jone Swift” of Sandwich, sick of body, left bequests to:

• “Daniel Winge’s two sons Samuell and John a mare foal of a year old” [children of her stepdaughter Hannah Swift Wing]
• “my grandchild Hannah Swift the old mare if shee bee alive if not the next to her” [her son William’s daughter]
• “my grandchild Experience Allen a chist with drawers and my bible” [daughter of Joan’s daughter Esther Swift and her husband Ralph Allen]
• “my two grandchildren Hannah Swift and Experience Allin all my linnine and my pewter to be equally devided between them” 
• “Mary Darbey my wearing clothes” [probably the wife of John Derby who d. in 1655 and Joan’s friend]
• “Hannah Winge the elder my best hatt and forty shillinges” to her daughters to be devided amongst them 
• “Jedediah Allen and Experience Allen the third pte of my estate this house and garden being a prte of the third” 
• “my son William’s children each of them a mare foale” 
• residue to “my son William whom I make my executor” 
• “I make John Vincent and Benjamine Hammand my overseers…and give to them twenty shillings apiece.”

The inventory of the estate of “Mistris Jone Swift deceased,” was taken 25 December 1663 and was untotaled. [PCPR 2:2:16] It was taken by Richard Bourne and James Skiffe and exhibited to the Court held at Plymouth 3 March 1663[/4] on the oath of William Swift. 

It’s quite a lengthy inventory for a woman in this time period but the value is untotaled. She clearly was still running a farm, seems to have been making fabric and yarn to sell, and had money due to her. The inventory included 38.5 yards of milled cloth, 32 pounds of cotton and wool yarn, and smaller amounts of fabric and yarn; a variety of household items; wheat; spinning wheel; livestock including a cow, two steers, two mares, two horses, two colts, a sow; 4 shillings 6 pence in cash. The only real estate listed was “the house & garden” valued at £12. Debts were owed the estate by Nicholas Davis, John Rowse, Lodowick Haukes, Moses Rowley, Edward Sturgis of Yarmouth, Nathaniel Fish, Thomas Tupper Jr., Francis Allen, Robert Rollock, Mistris Fish, and Benjamin Nye. The estate was indebted to William Swifte, William Browne, Goodwife Hinckley, William Bassett, William Newland, James Skiffe, and Peter Gaunt. [MD 16:21]

On 1 March 1663/4 “Mr. Hinckley is authorized by the court to administer an oath to the witnesses of the last will and testament of Mistress Jone Swift, deceased.” [PCR 4:55] On 4 March 1663[/4], “William Swift planter and Richard Chadwell shipcarpenter both of Sandwich” bound themselves for William Swift’s performance as administrator” on the estate of Mistress Jone Swift deceased.” [Pope p 29]

Sources:

Robert Charles Anderson, The Great Migration Begins, 6:626-632, 1995

Jane Fletcher Fiske, The American Genealogist, “William Swift, Citizen and Leatherseller of London, and Planter of Sandwich, Massachusetts,” Vol 77, no. 3, July 2002

George E. Bowman, Mayflower Descendant, “Plymouth Colony Wills and Inventories,” 4:168-171 

Nathaniel Shurtleff, communicated by, NEHGS Register, “List of Those able to bear Arms in new Plymouth,” 4:257 (1850)

Eben Swift, Library of Cape Cod History and Genealogy, ”William Swift and Descendants to the Sixth Generation," Pamphlet No. 15, 1923

R.A. Lovell, Jr., Sandwich A Cape Cod Town, 1984

Edward Everett Hale, Jr., editor, Lechford Note-book Kept by Thomas Lechford, Esq., Lawyer, in Boston, Massachusetts Bay, from June 27, 1638, to July 29, 1641, 1885; reprint 1988

Watertown Records Comprising the First and Second Books of Town Proceedings, “Watertown Lands, Grants, Divisions, Allotments, Possessions and Proprietors’ Book,” Section Two, 1894

Henry Bond and Horatio Jones, Genealogies of the Families and Descendants of the Early Settlers of Watertown, Massachusetts, 1860

Ernest Bowman, The Mayflower Descendant, “Plymouth Colony Wills and Inventories,” 16:21 (1914) [Joan’s will]

Charles Henry Pope, The Plymouth Scrapbook, 1918

Thomas Tobey (ca 1625-1714) and His Wife Martha Knott of England and Sandwich, Massachusetts

 Thomas Tobey was born about 1625, probably in England; I have not yet discovered his parents. His surname is also seen spelled as Toby and Tobie. In the 1640s he arrived Sandwich on Cape Cod, then part of Plymouth Colony. He is my 10th great-grandfather on my grandfather Arthur Washburn Ellis Davis’ side of the family.

“Thomas Tobie” married Martha Knott on 18 November 1650 at Sandwich. [Sandwich VR 1:21] She was born England about 1633 to George Knott and his wife Martha whose maiden name is not known. George Knott was one of the ten founders of Sandwich, and he died about a year before his daughter’s marriage Thomas Tobey, leaving a will in which he anticipated Martha marrying Thomas Dunham who had “pretended” to be “contracted” to the girl. The family disapproved of the match to the point it went before the Plymouth Court.  

Martha’s mother was one of the Sandwich residents who, having attended religious services away from the regular place of worship (usually Quakers), were brought before court for “non attendance.” [Tobey]  However Thomas was faithful to the traditional church and his name appears on the oldest page of the church records now in existence as one of the twenty members in 1694 when Mr. Cotton was ordained. In 1658 the town paid him four shillings for “having the strangers to Plymouth,” a duty he performed as constable—escorting some “traveling Quakers” to the Court at Plymouth to be dealt with as heretics. [Crapo]

Men that took the oath of fidelity at Sandwich in 1657 include Thomas Tobey. [Records of New Plymouth, hereafter PCR, 7:180]

Martha and Thomas had seven known children, all sons, born Sandwich. Records are lacking, so most of the birth dates are approximate and birth order is uncertain but there are hints in Thomas’ will in which he names all of his sons except Thomas who had died. Ephraim also predeceased his father but his daughter is named. [Tobey]

1. Thomas born 8 Dec 1651 [Sandwich VR 1:21]; married about 1676 Mehitable Crowe; died 2 February 1676/7 fighting in King Philip’s War
2. John born about 1654; married about 1683 Jane —?—; died 26 December 1738 [Sandwich VR 1:149]
3. Nathan born about 1657
4. Ephraim born about 1660
5. Jonathan born about 1666; died 22 July 1741 [Sandwich VR 2:1540]
6. Samuel born about 1673; died 22 November 1737 [Sandwich VR 2:1539]
7. Gershom born about 1675; married 29 April 1697 Mehitable Fish [Sandwich VR 1:41]

All of the boys grew up to marry, although Thomas only briefly so. However, I need to do more research on their marriages. I descend from John whom I wrote about here.

At the 7 July 1681 Court at Plymouth “Liberty is graunted unto Thomas Tobey, of Sandwich, to looke for accommodation, and that Mr Bourne and Mr Edmond Freeman assist him in it; and incase any can be found, hee is to have fifty or threescore acrees therof upon report made to Court.” [Records of New Plymouth, hereafter PCR, 6:66]  His will shows he was a large landholder in town.

At the 1681 Town Meeting, the townsmen who voted for officers included, Eph. Tobey, John Tobey, Nathan Tobey, Jona. Tobey, and Israel Tobey. [Deyo]

RA Lovell used the 1667 Sandwich property survey to map out the homesteads of townspeople in the Sandwich Village and Spring Hill areas. The homestead of Thomas Tobey and that of his mother-in-law, the widow Martha Knott, are the only two on Water Street. They were near the ocean and not far from Grove Street. Thomas and his wife Martha inherited the Knott family homestead which now has an 18th century house located at 4 Water Street. [Lovell] The house there now is the Deacon Eldred House which was featured on the HGTV show "Houses with History."

Thomas Tobey was very active in Sandwich; he was clearly a well-respected, trustworthy man, although not of the stature to be called “Mr.” 

• He was sworn in as Sandwich Constable on 1 June 1658. [ PCR 3:136]
• Thomas Tobey and Nathaniel Fish were appointed at 10 June 1662 Court to take inventory of liquors, powder, shot and led “is brought into the Government.” [PCR 4:23]
• At 5 October 1663 Court, Benjamin Nye, Edmond Freeman Jr, and Thomas Tobey were ordered to lay out the way from the house of George Allin [Allen] of Sandwich to the common, in response to a complaint by Allin. [PCR 4:46] There was a continuance of this case at the 7 March 1664/5 Court, when the Court ordered and requested Mr. Edmond Freeman Senr, Edmond Freeman Junr, Thomas Tobey, and Benjamin Nye, or any three of them, to settle the said difference between George Allin and Richard Chadwell with the first convenient speed they can. [PCR 4:82]
• Thomas Tobey was nominated to collect Excise Taxes in Sandwich in June 1664 (also to take notice of liquors etc. brought into the Government) [PCR 4:67], June 1667 [PCR 4:151], June 1668 [PCR 4:183]. 
• He served as surveyor of highways and pound keeper. [Crapo]
• At 29 February 1676/6 Court, Mr. Richard Bourne, Mr. Edmond Freeman Junr, and Thomas Tobey Senr were appointed to Sandwich Town Council [PCR 5:186].
• Thomas served on multiple juries. At 5 Oct 1663 Court, jury heard cases on taking of horses, non-payment of debt, defamation by accusing someone of being a thief and another of accusing the man’s wife of being a whore, burning a fence letting loose horses and cattle, a woman accusing a man of fornication and denying to marry her.  [PCR 8:112] At 25 October 1668 Court, most of the cases were disputes over money and also of one man tearing down and burning the fence of another, of unapproved use of a horse and several concerned with slander/defamation. [PCR 8:150] At 2 March 1668/9 Court, most of the cases were about “uncivil carriages” by one colonist towards another. [PCR 8:154] was sworn to a grand inquest 7 June 1670. [PCR 5:36]
• At the time of King Philip’s War in 1676 he was of the council of war to “hire men to goe out upon scout for the town,” furnishing them with ammunition. [Crapo]

Whaling was actively engaged in by the people of the colonies as it was a lucrative business. Wounded whales would often initial escape but later die of their injuries and then float to the north shore of the town. Grampus and other large fish also stranded on the flats by the receding tides it was a lucrative business. As early as 1652 it was “ordered that Edmund Freeman, Edward Perry, George Allen, Daniel Wing, John Ellis, and Thomas Tobey, these six men shall take care of all the fish that Indians shall cut up within the line of the town so as to provide safety for it, and shall dispose of the fish for the town’s use; also that if any man that is an inhabitant shall find a whale and report to any of these six men, he shall have a double share; and that these six men shall take care to provide laborers and whatever is needful, so that whatever whales either white men or Indians give notice of, they may dispose of the proceeds to the town’s use to be divided equally to every inhabitant.” [Deyo]

I find just one court case involving Thomas. At the 9 June 1653 Court, Thomas Tobye complained against Mr. John Fish in an action of trespass, to the damage of 50 shillings, for retaining a yearling calf belonging to Tobye. Thomas lost the case, as the jury found for the defendant. Charges allowed by the court were £1 7s. [PCR 8:65]

In 1688 because of dissension within the Bourne church it was reduced to just five active male members: James Skiff, Thomas Tupper, Thomas Tobey, Jacob Burge, and William Bassett.

Martha was named as Martha Tobey, wife of Thomas Tobey, in her mother Martha Knott’s 5 March 1673/74 will. Even though the elder Martha’s son Samuel was living, Thomas Tobey was named executor. Martha received bequest of “4 Cattle: viz 1 Cow 1 heiffer 1 yearling and vantage and one Calfe; and all the rest of my Goods with my Clothes or whatever else I have.” [MD 25:89]

Martha died by 1691 at Sandwich. Thomas married, second, about 1692, Hannah [—?—] Fish, widow of Ambrose Fish.  She had at least four children with Ambrose. 

Thomas died 9 January 1713/4 at Sandwich per note on his inventory [Barclay], although the vital record indicates 9 January 1710, it is apparently incorrect.  [Sandwich VR 1:30]

Thomas Toby of Sandwich, being aged and weak of body, wrote his will on 24 March 1709/10; it was probated 9 April 1714. He names sons Saml and Gershom executors. [Barnstable Prob Bk 3, p 352] He left the following bequests:

• Son John, the lot of upland I formerly gave him near house of Joseph Foster and occupied by Foster. 
• Son Samuel one end of his dwelling house where he dwells, half of my barn in his possession, one half of my Old Field, lot of 20 acres of land near the house of Edward Dillingham, a lot of six acres, orchard and fenced in upland with piece of meadow below the house of Eliakim Tupper; son Garshom to be allowed access to get to his land.
• Son Garshom Toby the other half of my Old Field, the little pasture called the horse pasture,  right of my Lands on westerly side of ye way that leads down to the house in which son Samuel now dwells, the neck of land behind sd dwelling house and extending between the Mill Pond and sd fresh meadow and so home to the farm of my son Jonathan Tobey,  all my meadow and marsh lying below the now dwelling house of Widow Ruth Chipman between sd house and ye Town Harbour near Scaffold Point, and also ye least piece of my meadow in ye pasture neck so called Lying between ye meadow of Shubal Smith and Jashub Wing with all my meadow & upland lying between the fords so called having the meadow of William Basset on the one side and ye meadow of Mr. John Smith & Stephen Skiffe, Esq., all my meadow and marsh Lying over ye creek on Sawpit Neck side as also all my upland adjoining to that meadow excepting two acres att ye upper end, the other part of my dwelling house being the southwest end of it, and also the other half of my sd barn.
• To sons Samuel and Garshom my lott of land in ye Towneck and my twenty acres of land formerly given to me by Quachatassett Indian Sachem lying near Snake Pond, my twenty acre Lott and my forty acre lot that is yet to be Taken up and Divided, all my right in the Common or undivided Land in sd Town of Sandwich all which is to be equally Divided between them. On condition that they keep and maintain “yr uncle Samuel Knott During ye Time of his Naturall Life both with food Drink Lodging and apparill and to allow him a decent Buryal after his death.” It’s endearing to me that Thomas was concerned with the welfare of the brother of his late wife. 
• Son Jonathan Toby ye lands on which he now dwells and in his possession and my biggest piece of meadow in sd ox pasture.
• Grandson Thomas Toby of Yarmouth besides what I have already given him one heifer of two years old and one shilling in money.
• Son Nathan all those lands near his dwelling house now in his possession and the two acres of land before reserved in Sawpit Neck.
• Grand daughter Sarah Toby the daughter of my son Ephraim Toby deceased that lott of land on which her mother Hannah Toby now dwells; provided that she live to ye age of one and twenty years or marry but if not then to be equally divided amongst all my sons then surviving.
• Hannah my Loving Wife all the Estate which she had when I married her and what she now hath which she Gott by her own Labour or that was given to her, one cow and all ye money which she shall have of mine in her hands at time of my death. 
• Each of my three [step]daughters five shillings apiece; and what other estate shall be left of mine when Debts Legasys & Funerall charges are paid to be Equally Divided to and between them the sd Sam’l and Garshom Toby.

Signed with his mark in presence of

Wm Bassett Sen’r

Wm. Bassett Jun’r

Thankfull Bassett

On 9 April 1714 Samuel Toby made oath to the inventory of estate of Thomas Toby late of Sandwich who died the 9th day of January 1713/4. It is a short list but totaled £1060 17s, a significant amount for the time. It included his clothes; feathers (perhaps indicating a business venture); a few household items; an oxe; one young cow; one old cow; one calf; land given to Samuel valued at £300; meadow & upland given to Garsham valued at £280; lot in Town Neck, 20 acre lott, 40 acre lot, and half a share in ye commons valued at £100; land and meadow given to Jonathan valued at £220; lands given to Nathan valued at £80; land given to Ephraim Toby’s daughter £60; his right in ye towns commons £90. 

Thomas’ second wife Hannah was a nurse. In 1705 the town paid her 20 shillings for curing Hannah Cleaves and Elkanah Smith. [Lovell]

Hannah died in March 1720/21. Hannah Tobie of Sandwich wrote her will 3 March 1720/21 and left these bequests:

• Son Seth Fish Twenty Shillings to be paid to him out of my estate as a Token of my love. 
• I do Give and bequeath unto my six children hereafter mentioned: all and singular w’soever shall be found within Doors or without which Doth of right belong to me in manner and form as followeth: To my son Samuell Tobye and my daughter Abiah Tobye his wife one full third part of my estate; my son Garshom Tobye and my daughter Mehitable Tobye his wife another third part of my estate;  my son Eliakim Tupper and my daughter Joannah Tupper his wife the other third part.

Hannah Tobye signed by mark in front of witnesses Eldad Tupper, Temperance Bourne , Elizabeth Tupper.

The will was probated the last part of the month. The estate was appraised at £95:15:3s.

Sources:

Nathaniel B. Shurtleff and David Pulsifer, eds., Records of the Colony of New Plymouth, in New England, 12 vols. (New York: AMS Press, 1968)

Mrs. John Barclay, The American Genealogist, “Hannah (Swift) Tobey, Daughter of William2 Swift, and the Family of Ambrose2 Fish, of Sandwich, Mass.,” 35:40 (1959)

Rufus Babcock Tobey and Charles Henry Pope, Tobey (Tobie, Toby) Genealogy: Thomas of Sandwich, James of Kittery, and Their Descendants, 1905

RA Lovell, Sandwich: A Cape Cod Town, 1984

Simeon Deyo, History of Barnstable County, Massachusetts,” 1890

Torrey’s New England Marriages to 1700

Henry Howland Crapo, Certain Comeoverers, 1912