per MAYFLOWER INCREASINGS by Susan E. Roser probably died inBostonr161ALDENtBASStADAMStTHAYERBY GEORGE ERNEST BOWMAN[THE WILL OF JOSEPH BASS 3][From copy certified by Thaddeus Mason, Deputy Secretary]On 25 February, 1733, "Alden Bass of Boston Wharfinger,"petitioned the Governor and the General Court as follows:"That on or about the latter End of October last Mr Joseph Bassyour Petitioners Father made his last Will in Writing Whereby hedevised to Your Petitioner Alden his Dwelling House reserving tohis Wife one Chamber a Priviledge in the Garret and Celler andthe Household Stuff in the Chamber during her Widowhood, anddirected the sd Alden to pay her for the Time aforesd Ten Pounds17 Annum . To his Son Joseph a Peice of Land lying between MrKeyes and his Son Moses . And also devised to each of hisChildren fifty Pounds to be paid within five years after hisDecease by your Said Petitioner, who thereupon was to hold acertain Wharff now in your Petitioner's Possession and by himformerly mortgaged to his Said Father for four hundred Pounds,which Legacies wou'd amount to three hundred & fifty Poundsbeing Seven Children (your Petitioner included) and theremaining fifty Pounds to compleat the Sum of .400: as aforesaidwas by him ordered to goe with the rest of his Personall Estate,and after paying Debts & Fneral Expenses to be equallydistributed amongst all his Children, and he gave to his SonBenjamin all his wearing Apparel, and a Trunk to put them in,and devised to his Son Moses a Strip of Land behind his BrewHouse, Gave to his Daughter Miller his Silver Cup And to his SonJoseph and your Petitioner all the rest of his moveables or tothe like Effect thereby constituting the Said Joseph and yourPetitioner Executors; That a month afterwards the Said Testatordied, that about two Days after his Decease the Said Testator'swife & Children all. met at Sd Dwelling House & being informedby the Testator in his Life Time that he had made his will andwhere the Same was deposited, they were desirous of having theSame opened & publickly read in their Hearing, in order to knowif any Directions were given108 Alden - Bass - Adams - Taylor therein touching his Euneral, and accordingly your Petitioner'sBrother Joseph having received the Key of the Trunk from theirMother where they were before informed the Will lay, went up inthe Chamber and brought the same down & then openly read theSame Several Times to the Effect aforesd, That afterwards the sdJoseph being the Eldest Son, and first named Executor carry'dthe Same and locks it in the Trunk where he found it, and thenext Day carried the Same to his House in the Country Where heread the Same in the Hearing of diverse Persons, That after theFuneral was over your Petitioner desired his Brother &Coexecutor to go to the Honobie the Judge of the Probate ofWills &c for the County of Suffolk to prove the Same, and a timewas accordingly appointed, but So it was, when the Said JosephAppeared he acquainted the Sd Judge that Sd Will was lost, andby Some Means conveyed away & embezzel'd & concealed, and thatyour Petitioner has applied to the sd Judge to have the Samediscovered the Same is witout Effect no Law enabling the SdJudge to make a thorro Discovery of Such inhumane Practices asin a Court of Chancery in England, and thereupon the Said Josephmade Application to Sd Judge as being the Eldest son to haveLetters of Administration granted to him So as to proceed onsaid Estate as an Intestate Estate, notwithstanding all theFamily wellknows, and he himself in particular That the Same isa Testate Estate, and that Such Attempts are a notoriousViolation of the Will of the Deceased & detestable in the Sightof God & man, and loudly crys for the Interposition of yourExcellency & Honours, otherwise no Person can dye with Assurancethat his Will tho' made with the utmost Deliberation can takeEffect."wherefore your injured Petitioner most humbly prays yourExcellency & Honours will in your great Wisdom & Justice takethe Premises into consideration & enable the Said Judge alone orwith Such a Committee as your Excellency & Honours Shall bepleased to appoint thoroughly to interrogate all Personswhatsoever Suspected in the Embezelment or Concealing the saidWill, and to imprison Such as shall Stand in Contempt & also toexamine Persons touching the Substance & Import of the saidWill, and the Said Several Devises and when the Same is fullyknown to enable the Said Judge to prove the Substance thereof,and to grant Letters of Administration to your Petitioner who isthe only Executor to whom no Fault can be imputed with the saidDevises annexed, and that the Same Shall pass the SeveralDevises to the respective Devisees according to the Intent ofthe Testator to all Intents and PurAlden - Bass - Adams - Taylor 109poses as if the original Will that contained the same had notbeen embezelled & Concealed but duly proved, any Law Usuage orCustom to the Contrary notwithstanding, which will effectuallydiscourage Such evil Practices for the future, when ill mindedPersons perceive that the Wisdom of the Legislature justlyfrustrates their evil Intents, or that your Excellency & Honourswill be pleased to afford your Petitioner Such further & otherRelief as in your consummate Wisdom & Justice Shall Seem meet,and as in Duty will ever pray &caAlden Bass "In the House of Represen299 Februa 25 : 1733Read & Ordered that the Petitioner forthwith Serve the AdverseParties with a Copy of the Petition that they make answerthereto on Thursday the Twenty eighth Current.Sent up for ConcurrenceJ: Quincy Spkr"In Council Febr 26 : 1733.Read and Concurred J Willard Secry 27 . Consented to, J. Belcher"In Council, April 12 th 1734.Read again together with the answer of Joseph Bass & others, andOrdered That Thomas Hutchinson William Dudley & Francis FoxcroftEsqrs with Such as Shall be joined by the Honoble House ofRepresentatives be a Committee to consider of the Subject matterof this Petition, and report as soon as may be what may beproper to be done thereon, and that the Comittee have Power tosend for Such Persons & Papers as they may think proper to giveLight in the Affair.Sent down for ConcurrenceJ: Willard Secry"In the House of Represent18 April 26 : 1734.Read & Concurred & Ordered That Samuel Welles Esqr, Mr Bisby,John Choate & Willm Brattle Esqrs are joined in the Affair.J: Quincy Spkr Consented to J: Belcher"In Council June 25 th 1734.Read and Ordered that this Petition be revived, and That EzekielLewis, Francis Foxcroft & Jacob Wendell Esqrs with110 Alden - Bass - Adams - Taylor Such as shall be joined by the Honoh'e House of Representativesbe a Committee to consider the Subject matter thereof & Reportas Soon as may be what may be proper to be done thereon; andthat the Committee have Power to Send for Such Persons & Papersas they may think proper to give Light in the Affair. Sent downfor ConcurrenceJ Willard SecrY"In the House of Representvs June 25 : 1734Read & Concurred & Mr Welles Mr Bisby Collo Prescott & MrCushing are joined in the AffairJ: Quincy Spkr 26: Consented to J: Belcher"The Committee appointed to consider of the Petition of AldenBass pursuant to the Order of the 26 th of June last met SeveralTimes on that Affair, and Sent for the Widow & Children of thewithin named deceased Joseph Bass also for two of those Persons,namely Brice Eules & George Ray, who, the Committee wasinformed, were Witnesses to the Will within referred to (MilesFlood the other Witness being out of Town) and the Committeeexamined the Widow & Children Seperately, who all of themacknowledged that before the Funeral of the sd Dece'd they heardan Instrument read at his dwelling House which they apprehendedto be his last Will & Testament; and Sundry of them heard theSame read again, at the House of his Eldest Son Joseph, who Saidhe had it In keeping for a considerable Time, and they allagreed that the Substance of the Devises therein made were trulyset forth in the Petition, and Several of them declared that thesaid Instrument was of the Sd Dece'd's own hand Writing: Thesaid Brice Eules & George Ray declar'd that on or about theTwenty Second of September last, they (together with the saidMiles Flood) Subscribed their names as Witnesses to anInstrument, which the said Decrd executed before them, anddeclared to be his last Will and Testament, and was of his ownHand Writing, but that they knew Nothing of the Contents of it."Inasmuch therefore as from the Acknowledgments & Declarationsof the Parties before named it appears very evidently that thebeforenamed Decd left a Last Will & Testament in Writing, theSubstance whereof is Set forth in the sd Petition, and that SomeClandestine Methods have been made use of to Secrete & destroythe Same thereby to frustrate the Intent of the Decd as to theDisposition of his Estate after his Death,Alden - Bass - Adams - Taylor 111which ought Sacredly to have been Observed; The Committee are ofOpinion, in order to discourage Such detestable Practices forthe future, that the Several Devises and Legacies contained inthe said Petition be deemed & taken as the last Will andTestament of the said Decd, and that the Judge for Probate ofWills &ca within the County of Suffolk be impowered & directedto approve & allow of the Same accordingly, and commit theAdministration thereof, in all matters the same concerning untohis two sons Joseph & Alden Bass Executors therein named, ifthey See Cause to accept of the Same, and upon either of theirRefusal, to him that will accept thereof, but upon both theirRefusal to Such other Person or Persons as the Judge of ProbateShall think fit, taking Bond of Such Person or Persons withSufficient Suerties to exhibit an Inventory of the Estatetherein mentioned within three months from Such his Allowance,and for their faithful Administration: And that the Said Will soapproved & allowed pass the Severl Legacies & Devises thereincontained to the respective Devisees & Legataries therein namedas effectually to all Intents & Purposes, as if the originalWill had not been destroyed but duly proved and allowed.All which is humbly Submitted, In the Name & by Order of theCommitteeSeptr 14 : 1734 Eze: Lewis"In Council Septr 14 : 1734Read & accepted.Sent down for ConcurrenceJ: Willard Secry"In the House of Represent' & Novr 22 : 1734 Read & ConcurredJ: Quincy Spkr23: Consented to J: Belcher "A true CopyAttest: Thad: Mason Dept Secry"[The petition etc. were also recorded, 32: 59.][From original bond] On 11 February, 1734, "Joseph Bass ofDorchester Tanner Alden Bass Wharfinger & Thomas WebberInnholder both of Boston and Edward Breck Tanner of Dorchester "gave bond for . 2000, " the above-bounder Joseph Bass & AldenBass admitted admints .... of their Father112 Alden - Bass - Adams - Taylor Joseph Bass late of Boston aforesa Wharfinger Deced "Thewitnesses were John Payne and John Boydell, the Register ofProbate.[From original letter] On 11 February, 1734, "the Will JosephBass late of Boston aforesaid Wharfinger Deceased " was allowed,and administration granted to "his Relict Widow Rebecca Bass andhis Son Samuel Bass Executors".
