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JAMES⁶ PHILBRICK  (JOSEPH⁵, JOSES⁴, JOSEPH³, JAMES², THOMAS¹)

    This is a duplicate copy, written in 1852, of the last will and testament of James Philbrick (1780-1855).  Of interesting note within the will is James Philbrick stating that one of his daughters' name was "Mary Adeline" (Philbrick-Batchelder) who was married to John Batchelder.  Chapman's history of the Philbrick & Philbrook Family, along with other records has always listed her as "Mary Ann Philbrick."  Apparently she was named after BOTH of her older deceased sisters, Adeline (1812-1816) and Mary Ann (1819-1820).  James would pass away three years after this will was written on October 25, 1855.  Below is a transcript of the will:

"Be it remembered that I James Philbrick of Rye in the County of Rockingham and State of New Hampshire, being weak in body but of a sound and perfect mind and memory do make and publish and declare this my last will and testament and here in dispose of all my worldly estate in manner following to wit.

First, I give and bequeath to my sons Oliver Philbrick and James Philbrick and Rufus W. Philbrick each the sum of one dollar. 

Second, I give and bequeath to my son Jesse A. Philbrick the sum of Five dollars. 

Third, I give and bequeath to my daughters Abby Sanborn wife of Josiah H. Sanborn, Sarah A. Lord wife of Peter R. Lord and Mary Adeline Batchelder wife of John Batchelder, each the sum of Five dollars. 

Fifth* I give and bequeath unto my beloved wife, Abigail Philbrick all my household goods and furniture and all the provisions I may have on hand at the time of my decease. 

Sixth, I give and bequeath and devise to my said wife all my real estate situated in said town of Rye to have and to hold the same to her and her assigns while she remains my widow, and also the use of all my personal estate. 

Seventh, I give, bequeath and devise to my son Thomas H. Philbrick his heirs and assigns forever all the rest, residue and remainder of my estate, real, personal and mixed, wherever found and however situated, and hereby will and order that the said Thomas pay all the aforesaid legacies next within two years after my decease, and also all my debts and funeral charges – 

Eighth, I do hereby constitute and appoint Joseph Philbrick Jr. of said Rye sole Executor of this my last will and testament, hereby revoking all former wills by me made. 

In witness whereof, I have here unto set my hand and seal, this twenty fifth day of March in the year of our Lord eighteen hundred and fifty two - .

                                                                                                James Philbrick  L. S.

Signed, sealed, published and declared by the said James Philbrick as and for his last will and testament in presence of us, who at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses thereto –

Thomas J. Parsons

                                                                                    Joseph W. Brown

Oliver B. Philbrick

 A true copy ( ? ) by WB Morrill, Ryn"

*Apparently a numbering error by the transcriber who failed to list a “Fourth” statement or miscounted. - PPFA