NameMary FOSTER
Birth1618, Ipswich, Essex, Massachusetts
Death9 Apr 1705
FatherReginald (Renald) FOSTER (1595-1681)
MotherJudith WIGNOL (-1664)
Misc. Notes
Walter Davis asserts that she was first married to Daniel Wood of Ipswich, who died before 1649 Mar 27, when his wife Mary was named administratrix and two children were mentioned in the care of the widow. The evidence that this widow mary was Mary Foster is two-fold: (a) in 1679, Hepsibah (Peabody) Rea called Judith (Wood) Dorman sister, and (b) the will of Francis Peabody in 1696 called Daniel Wood his son-in-law and gave him land in consideration of an obligation for when Wood came of age. [Walter G. Davis, “Massachusetts and Maine Families in the Ancestry of Walter Goodwin Davis,” published 1996 in Baltimore, MD by Genealogical Publishing Co.]

Item (a) is in a court deposition in the county court files. [“Records and files of the quarterly courts of Essex County, Mass,” pub. 1911 in Salem, MA by Essex Institute

There is slim evidence that she was the mother of the Peabody children. The town birth records mention only the father, but the county court records of the birth of the last child, Nathaniel, do show the mother as Marie.143
Spouses
Death1648
2Francis PEABODY Lieutenant, 10G Grandfather
Birth1614, St. Albans, Hertfordshire, England144
Death19 Feb 1698, Topsfield, Essex, Massachusetts
FatherJohn PEABODY (PAYBODY) (1590-<1667)
MotherIsabel HARPER (ca1592-1664)
Misc. Notes
From England in the "Planter", to Ipswich, Massachusetts, 1635; an original settler at Hampton, New Hampshire, 1639; freeman, 1642. Removed to Topsfield before 1657; selectman at Hampton and Topsfield; town clerk, Lt. local militia company1

“2 Aprilis 1635 - The underwritten names are to be transported to New England imbarqued in the Planter Nico: Trarice Mr. bound thither the pties have brought certificates from the Minister of St Albons in Hertfordshier & Attestacon from the Justices of peace according to the Lord’s order:

Husb: man Franc’s Peboddy ... 21”

In such documents the age set down after a name often was a mere approximation. The papers of Essex County Court in Massachusetts contain a deposition, dated the 24th of the 4th Month 1662 (June 24, 1662) giving the “testimoni of Francis Pabody aged fifti years.” Another deposition, given Nov. 19, 1690, gives his age as 78 years. While the ship list would place his birth at 1612 or 1614, the depositions would set it at 1612.

The “Planter” sailed from London about Apr. 10, 1635, and arrived in Boston, Mass., June 7, 1635. Francis Peabody, a farmer and miller, settled first at Ipswich, Essex County, Massachusetts, where he was living in 1636 near Labour in Vaine on a road that led to the beach. The first reference to Francis in the Ipswich records appears in a description of lands owned by Samuel Hall:

“Eight acres of planting ground, by an act of the Towne as in the old book Ano 1636, lying near the highway going to Labour in vaine meadowe, butting to ye East upon ye planting ground of John Seaborn and on ye North planting ground of Francis Pebody.”

In 1638 or 1639, the settler joined with the Rev. Stephen Bachilor and 12 others in the original settlement of Hampton, New Hampshire. He became a freeman of Hampton May 18, 1642. In 1645, he held a share in the common lands of Hampton and was also acting as a member of the committee that oversaw the finishing of the meeting house.

The Francis Peabody residence in Hampton was near those of Isaac Perkins and William Cole. Cole’s wife, Eunice, apparently had difficulty controlling her tongue and sometimes lashed out at her neighbors. An entry in the records of the Ipswich Court, under date of Nov. 4, 1645, says “Eunice Cole is to sit in the stocks at Hampton and to make acknowledgement of her slanderous speeches concerning Susan Parkings and Lidia Pebodye and to pay to the witnes Isaac Perkings 7d and the feas of the court.” This Mrs. Cole subsequently was tried for witchcraft.

After spending about 12 years in Hampton, Francis Peabody on March 25, 1650, sold his Hampton property to Robert Drake and moved to Topsfield, Mass., which had two years earlier been set off from his former home of Ipswich. Here he spent the rest of his life. On moving to Topsfield, he bought 250 acres of land from Samuel Symonds. On Apr. 20, 1666, he purchased from his near neighbor, William Evans, an acre located beside Pye Brook, on which he established in 1672 the first grist mill in the town. His house, situated on the bank of the brook, survived until 1846. He built a second, two-story house a little farther up the brook in 1692, and this stood until Oct. 4, 1914. A deposition made by Francis Peabody in 1690, when he was 78, provides some interesting detail:

“The testimony of Francis Pabody aged 78 years is that I having bought on half of mr Simmonds farm: ye said ffeild mr Simmonds sent up goodman Gage & goodman Brag to shew me the bounds of that farme, and they did shew me a stak in a medow which medow is now on the back sid of the dweling house of Isaac Cumins senr & on the north sid of the book several rods: to be the bounds on the north east corner of the farm: & from thence to a tree on the end of pains hill near to a medow where Ipswich commity setled the bounds; afterward I got ensign Howlet to help me run the line on the south est side of the farme between goodman every & me & he with others brought the line to the same place on the south est corner: to which place my fence did then & now doth point. -- Swore november 19th 1690 before me Samll Appleton Asst.”

Little is known of Francis Peabody’s first wife. She is clearly identified as Lydia in documents of the period, but her maiden name, ancestry and origin are unknown. She died before 1649 and he married about 1650 Mary (Foster) Wood, daughter of Renold and Judith (Wignol) Foster of Ipswich and the widow of Daniel Wood of Ipswich, who died in 1648. Francis Peabody died Feb. 19, 1697/8, in Topsfield. Mary survived about seven years, dying Apr. 9, 1705, in Topsfield.

Francis’ will, dated Jan. 20, 1695/6, provided as follows:

“The last Will & Testament of Lieut: Francis Pebody of Topsfield in ye county of Es[sex] [in] Newe England: I Francis Pebody taking into consideration the uncertainty of my life and ye certainty of my death being of perfect understanding & memory have seen good to m[ake] a disposall of the temporall estate which God and his grade hath given me in this w[orld] as followeth,

Impr. I committ my immortrall soul into the hands of God & my body to a decent buriall [when] God shall take me out of this world.

Secundo I give to my son John Pebody & Joseph Pebody all that tract of Land which I bought of marchant Joseph Juett of Rowly which Land lyeth in Boxford, I give to my son John two thirds of ye aforesaid tract of Land & to my son Joseph ye other third which I give to them & to their Heirs for ever & moreover I do give to them both in c[ountry] pay (not mony) five pounds to each of them, yt is five pounds apiece, besides which I have already given them.

Item, I do give to my son William Pebody all that Land which I bought of John Tod Senr [of] Rowly & of John Perley (excepting one hundred acres) which land I do give to him and his Heirs for ever, moreover I do give to him five pounds besides what he hath [...] me already, which I do the rather on consideration of his being (by ye providence of God) deprived of ye use of one of his arms, wch five pounds is to be paid as is above specified.

Item, I do give to my son in Law Daniell Wood That hundred acres of Land which is above excepted to my son William & is already in part possessed by my son in [law] Daniel Wood which said Land I do give to him & his Heirs for ever it be[ing] in consideration of what I was oblidged to do for him when come of age & pro[vided] yt he shall be satisfyed therewith on yt account & give a discharge thereof to such [...] shall concern Which Land I have already promised & do purpose forthwith to [give] him a deed of in a way of firm conveyance in which deed I shall bound...Limit ye aforesaid hundred acres accordingly.

Item, I do give to my son Isaac Pebody all the land yt I do now live upon which I bou[ght] of Mr. Simons & my will is yt my son Isaac shall have all ye said Land which lyeth on [ye] south side of ye brook running through the said farm, both upland and meadow so bounded. I give to my son Isaac Pebody, together wth my dwelling house and housing, orchard, mill, and mill yard, with all yt I bought of William Evens; and moreover I give to my son Isaac from the bridge all ye meadow downward on ye northeast side of ye brook wch runneth through Tho. Dorman’s meadow; as also I do give to my son Isaac a rod and half of upland adjoining to ye aforesaid meadow all along for ye brining of his hay from time to time, wch aforesaid land I do give to my son Isaac and his heirs forever, together with Twenty acres of land on ye south side of ye river, neer to ye dwelling of Joseph Toun junr. Also I give to my son Isaac that bed with the furniture thereunto belonging which he now hath ye improvement of, and this I would have noted, that I have gen the more to my son Isaac on consideration of ye providence of God disinabling him by ye loss of one of his leggs.

Item, I do give to my grandchild Jacob Pebody (ye son of my son Jacob deceased) ye house which his father dwelt in, together with all ye upland on yt south side of ye brook yt is on ye north side of ye abovesaid brook, as also all the meadow on ye same side of ye brook from ye bridge and so upward; my will is yt in case my said grandchild Jacob Pebody do live to ye age of twenty one years, yt then he shall have as is abovesaid to injoy himself and his heirs forever. But in case ye said Jacob live not to yt age, yt then any of my other sons shall have liberty to have the land and house abovesaid, provided yt he or they shall pay unto my grandchildren Kesia and Mercy Pebody, ye children of my son jacob deceased, an hundred and twenty pounds in common current money (not silver) notwithstanding what is above said in case ye said Jacob should have issue before he should arrive at ye aforesaid age, yt ye said land shall be at ye dispose of ye said Jacob Pebody, together with ye house aforesaid. Also I do give to my grandchildren Kesia and Mary Pebody, ye children of my son Jacob deceased, I do give to each of them thirty acres of land apiece, provided they shall live to ye age of eighteen years; which three score acres of land lyeth on ye south side of ye river, in ye southwest division beyond Mr. Endicott’s farm, in ye place called the stickey meadow, which land abovesaid I bought part of deacon Tho. Perkins about thirty acres, and about thirty more which I bought of Daniell Dorman; but in case yt neither of ye children Kesia or Mercy shall live to the age of eighteen, yt the ye abovesaid thirty acres apiece shall return to my next and immediate children to be equally divided amongst them; and in case one of the said grandchildren live to yt age and not ye other, that then ye whole threescore acres shall fall to ye survivor of them.

Item, I give to my son Nathaniell Pebody together with my Grandchild Samson How a[all] that four hundred acres which I bought of mr Stephen Sewall Lying in Rowly village called Boxford which land lyeth near Bradford & was formerly mr Nelsons of Rowly. My will is yt my son Nathaniell shall have three hundred acres & Samson How ye other hundred acres which for quantity and quality ye aforesaid Samson How shall have ye said Hundred acres provided yt yt said Samson How shall be at my despose till ye age of twenty[one] years But in Case my son Nathaniell shall dye without Lawfull issue that then ye above said three hundred acres shall fall to my other children by equal division, his widdow notwithstanding injoying ye benefit thereof during life & as to his moveable estate which he is already in possession of I leave it all to be at his yt is my son nathaniells despose here is to be understood yt what shall be left undesposed of by my son Nathaniell at his death of his three hundred acres shall be for ye use of his widdow during her life as abovesaid yt is ye life of her widdowhood.

“I do reserve for Mary my wife ye South End of my house for her Use to live in as also ye New Cellar as also ye Use of two milch Cows which she shall choose out of my milch kine, Also my will is yt my son Isaac shall pay to my wife Mary yearly twenty bushells of Indian Corne, four Bushells of wheat, four of rye and six of malt, also yt my wife have liberty to keep two or three swine, as also yearly half a dozen pounds of wool, also my will is yt my wife shal have pasture for her cowes with my son Isaacs as also my son Isaac shall provide fodder for them in ye winter. As also my wife shall have Liberty for an horse to ride on as she shall have occasion. Also my will is yt in Case my wife shall marry again yt then all ye privilidges abovesaid shall cease, but during her widowhood she shal also have (as benefit by my orchard) yearly a barrell of Cidar as also som apples as her occasions either in the summer or winter shall require, Moreover my wife shall have ye use & despose of two beds together with needful firewood provided for her for which end she shall have ye use of such of my oxen as shall be needful. Also I do order yt Samson How shall live with my wife till he shall come to ye age of twenty one years & be at her Command to be helpfull to her on all acounts as she shall have occasion & in case Samson How shall be taken away by his father before he shall have served as abovesaid yt then my wife shall have that hundred acres of land abovesaid (given Conditionally to ye said Samson) to provide for herself such help as shall be necessary. & in case my wife shall dy before ye said Samson How shall arrive at yt aforesaid term of years yt then he shall be at my wifes despose to whom she shall see good & in case yt said Samson will comply with such despose yt then ye said hundred acres of land intended for him shall be at my wives despose.

Item, I give to my daughter Lydia Perley five pounds besides what she hath already had of me.

I do give to my daughter Mary Death five pounds besides what she hath had already.

I do give to my daughter Sarah How five pounds besides what she hath had already.

I do give to my daughter Hephzibah Ray five pounds besides what she hath had already all which Legacies ordered to my Children I do appoint to be paid in common currant pay as is before specified to others of my children.

Note yt what Legacies I do here give in my will shall be paid by my executors out of my estate which I do leave in my son Isaac hands & to my wives, as corn or Cattell &c my debts & funerall expences being discharged.

And finaly, I do appoint, Constitute & ordain my wife Mary to be an executrix together with my son John Pebody & Isaac Pebody as executors of this my last will & testament & in Case after Legacies paid there be any estate left to be divided yt it shall be desposed of in a way of devision as my executrix together with executors shall see good.

That what is here above written is ye last will & Testament of ye abovesaid Francis Pebody appears by his own hand & seal ye day & Date here mentioned as also by ye testimony of ye witnesses hereunto subscribed.

It is to be noted yt notwithstanding what is abovesaid concerning my son Nathaniells three hundred acres returning to his brethren in Case of his dying wtout lawfull Issue, It is to be understood by ye three hundred acres what he shall not see Cause to despose of before his death I hereby notwithstanding what hath been said giving him thereunto, otherwise what is above written to be of full force as is expressed.

ffrancis Pabody”

“The above said premises were signed & sealed & declared to be ye last will & Testament of ye said Francis Pebody ye twentieth day of January in ye year of our Lord one thousand six hundred Ninety & five or six, in presence of us
Joseph Capen
Thomas Baker
Ephraim Dorman Senr”

The will was proved Aug. 7, 1698. An inventory of his estate made May 20, 1698, found the following:

Two oxen, three cows and three young cattle, valued at 23 pounds; Sheep, one mare and colt, 5 pounds, 10 shillings; Chains, axes, wedges, chisels and other iron tools, 2 pounds, 4 shillings;
Wearing clothes, 2 pounds, 4 shillings;
Beds and bedding, napkins, table cloths, other linens, 17 pounds, 9 shillings;
Chests, tables, chairs, other lumber, 5 pounds, 15 shillings, 6 pence; Pewter and brass ware, 5 pounds, 12 shillings; Iron ware, as pots, kettles, „tramells‰, etc., 2 pounds, 5 shillings; New cloth home made, 2 pounds, 11 shillings; Ten bushells of malt, 8 bushells of Indian corn, 6 bushells of barley, 4 pounds;
Four swine, 2 pounds;
Land given to his son John, 200 pounds;
Land to Joseph Peabody, 100 pounds;
Land to William Peabody, 100 pounds;
Land to Nathaniel Peabody, 150 pounds;
Land to Samson Howe, 50 pounds;
Land to Keziah and Marcie Peabody, 50 pounds; Land and house to Jacob Peabody, 160 pounds; Homestead, upland, meadow, dwelling house, barn and mill to Isaac Peabody, 400 pounds;
Silver money, 44 pounds, 15 shillings;
Total: 1327 pounds, 5 shillings, 6 pence.

Additional items inventoried Sept. 30, 1698:

Two oxen, 9 pounds;
Nine books, 13 shillings;
Two cows, 5 pounds;
Two oxen, 8 pounds;
Two linen spinning wheels, 6 shillings;
Two woolen spinning wheels, 6 shillings; Two beds with furniture given to widow, 19 pounds; Eight yards of wool cloth, 1 pound, 12 shillings; Six cushions, 6 shillings;
Bed and bedding given to Isaac, 3 pounds, 10 shillings.
Marriage18 May 1654, Topsfield, Essex, Massachusetts
ChildrenMary (ca1656->1695)
 Ruth (1658-<1695)
 Damaris (1660-1660)
 Samuel (1662-1667)
 Jacob (1664-1689)
 Hannah (1668-<1698)
 Nathaniel (1669-1715)
Last Modified 7 Jul 1999Created 31 Dec 2008 using Reunion for Macintosh