Vsher v. Vsher

John Vsher trustee for Hezekiah Browne plaint. agt Hezekiah Vsher Execr and mr Samuel Nowell who married with Mary the Relict and Executrix of the last Will of Hezekiah Vsher Senior Defendts in an action of the case for not paying unto him the sd John Vsher the Summe of four hundred pound given by Hezekiah [ 531 ] Vsher Senior in his last Will to Hezekiah Browne his grandchilde and ordered to bee left in the hands of sd John Vsher: . . . The Jury . . . found for the plaint. Four hundred pounds according to Will but no costs of Court.

[ This case appears to have tinned largely on the question whether Hezekiah Usher’s legacies to Hezekiah and Elizabeth Brown should or should not have been paid in money. John Usher deposed (S. F. 2060.7) that such was his honored father’s intention, as did John Hull (2060.11). The pertinent extracts from the will (S. F. 1464) and the inventory (S. F. 2060.10) follow:

Jtem: J give and bequeath unto my Grand Children Hezekiah Browne and Elizabeth Browne all their movables that were their mothers to bee equally divided between them; Also J give unto the said Hezekiah Browne the Summe of Four hundred pounds as his portion which Summe J hereby order and appoint to lye and remain in my Son John Ushers hands untill the sd Hezekiah come of age, hee allowing the sd Hezekiah five pounds per Cent per annum as interest for the same during all the sd term. . . .

An Jnventory or an or an accott of the Estate of mr Hezekiah Usher late of Boston deced s d

English goods Jron & other Merchandize...........£4417:12:01

Salt. 25. ton per Estimation at .15s per hhd..........£ 75:00:00

Whalebone.....at .................£ 58:18:06

*949s d

DeerSkins.....at .................£ 4:16:10

Furs & other Skins .at .................£ 82:11:09

Provisions......at ................ . . £ 216:07:03

Wine & Brandy . . .at .................£ 33:07:00

Money & gold ... .at .................£ 360:12:01

Household goods movables plate & wearing Apparll ...... 457:10:04

The dwelling house garden & Land to it and inward Warehouse wth

Leantos &ca at the dock and his right of time in the Cellar under

the Town house.................... 700:00:00

The dwelling house that John Usher lives in & the Land to it and outward Warehouse by the Town dock ........... 570:00:00

Ship Society .¼. part....................£ 150:00:00

Ship Marah & Sarah ½ part 270 ...............£ 270:00:00

Sloop Swan, ⅔...................... . £ 110:00:00

Debts in this Land thought feazable.............£7421:00:00

Debts in Forreign parts thought feazable...........£135:13:10

Debts in this Country that are desperate...........£ 305:09:06

£15358:19:02

Funerall Expences.....................£231:18:08

Debts oweing by ye sd mr Usher...............£1325:17:06

There are severall Accotts that are not yet made up and some trivialls that are not brought in and some of the abovesd Summes may prove either more or less, otherwise this is a true Jnventory so far as J know

mr Hezekiah Usher and mrs mary Usher made Oath in Court: 3d aug° 1677. that this is a just & true Jnventory of the Estate of the late mr Hezekiah Usher deced to the best of their knowledge, and that when they know more they will discover the same, as attests Jsa Addington Clre

The case dragged along for a good many years. See Records of Court of Assistants, i. 137-39, 203; and record of case in the lower court in 1681/82, and appeals therefrom, in S. F. 2060.6, 8, 9.]