General Notes

[Caleb Hicks.ged]
ID: I01185
Name: Mary Butler
Sex: F
Birth: ABT. 1640 in Connecticut
Death: BEF. 1677 in Cornbury Neck, L. I., NY
Note: 

Her first marriage is recorded on Vol 1, p 484 of the Stratford, CT Land Records - "John Washborne, the son of William Washborne, and Mary Butler, the daughter of Richard Butler were married ye seventh day June 1655." There was one son by this marriage, John Washburn, Jr. born Nov. 26, 1657.

Evidently Mary inherited a considerable amount of property in Stratford, CT from her father, which passed under the control of her second husband,Thomas Hicks, after her death as trustee for her children. Finally in 1712/13 Thomas released this property to Mary's children in the probate of the "Estate of Mary Hicks, Cornberry Neck, NY" as processed by the Fairfield Probate District of CT, in March 1712/13. (File # 2868 as on microfilm at the Ct State Library in Hartford - Film # 317, Fairfield 1648-1880 in the Series of Pre-1881 Probate Papers. It also bears the identification # 1018754).
This probate file, which was previously noticed by Donald Lines Jacobus but seems to have been overlooked by most Hicks researchers, provides original source documentation of the children of the first marriage of Thomas Hicks and suggests a probable birth order within each sex. It further clarifies just which children should be connected to which wife -- an issue which has been clouded and subject to varying listings in various well-known secondary sources. This file lists all the heirs of Mary Butler Washburn Hicks -- grandson John Washburn (her son John, Jr having died) ; sons Thomas Hicks, John Hicks, and Jacob Hicks; daughters Phebe Hicks, Mary Hicks, Sarah Hicks, and Elizabeth Hicks -- the "legatys" of Mary Hicks.
According to the cover sheet for the File # 2868, Estate of Mary Hicks of Cornberry Neck, NY - it consists of three documents which were deposited in the Connecticut State Library some time after 1929:
1) A "misc" instrument executed and signed by "Tho. Hickes" on "this (fifth?) day of feb. 1712/13." It was witnessed by Bena Hicks, and John Smonds. Further, "March 2 day 1712/13 then apered Thomas Hicks before me and acknoleged the above Instrument a gift to be his voluntorn act and deed before me". Signed William Cornell. I cannot make out the text in its entirety but some significant portions are clear.
2) An inventory, dated March 7, 1712/13 of the "Estate of Mrs. Mary Hicks of Cornberry Neck on the Island of Nassau in Queens County in the province of New York ?? which lands and estate are ?? as being in the Comm(?) of Stratford in the Colinoy of Conocticott as appears on the record." Follows a listing of all the properties with their estimated value (totalling 126=00=00), and appended at the end - "ye legatys as followeth":
John washbon grand child to ye desesed
Thomas Hicks )
John Hicks ) sons to ye desesed the above inventory apprized by us March 7th
Jacob Hicks )
-----------------------------
Phebe Hicks ) Joseph Curtifs
Mary Hicks ) daughters to ye desesed James Judson
Sarah Hicks )
Elizabeth Hicks )
3) A distribution document - The division by the court is confirmed in Stratford Land Records, Vol 2, p 111, which relists all the same individuals, except noting that Thomas and Mary are deceased and their respective shares go to their heirs.
Original Sources - (Microfilms of all originals available at the CT State Library, Hartford, CT)
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Finding these documents was very exciting and I was a bit squelched to later find that Donald Lines Jacobus had also located them and come to the same conclusions. However most Hicks researchers have ignored this evidence. The following is from his "Families of Old Fairfield," Vol 1, p 135 under Richard Butler:
"Butler, Richard
Inv. 18 May 1676. Agreement made by Thomas Hicks, Mary Hicks, Benjamin Peat, Phebe Peat.
Benjamin and Samuel Peat, Jr., of Stratford, conveyed 1713 land from grandfather Richard Butler dec'd. John Washbourne of Flushing, L. I., Gent., conveyed 1712 to Daniel Beardsley, right in Stratford land. John Hicks of Flushing, L. I., eldest son [son Thomas having died] of Thomas Hicks by his wife Mary, dau. of Richard Butler of Stratford, with Samuel Simmons and his wife Phebe, John Isman and his wife Elizabeth, and Sarah Rushmore, all of Flushing, three daus. of Thomas and Mary, appointed 1712 their brother Jacob Hicks to act as their attorney. [Note that daughter Mary is also missing from this list as she too evidently died prior to this data]
Distribution 1713 of Est. of Mrs. Mary Hicks of Cornberry Neck, L. I.; grandson John Washbourne; heirs of Mary Hicks, a dau., and of Thomas Hicks; John Hicks; Jacob Hicks; Phebe Hicks; Sarah Hicks; Elizabeth Hicks.
Children of Richard Butler:
Mary, m. (1) 17 June 1655, John Washburn; m. (2) Thomas Hicks.
Phebe, m. Benjamin Peat."

Father: Richard Butler

Marriage 1 John Washburn b: ABT. 1627
Married: 7 JUN 1655 in Connecticut
Children
John Wasburn b: 20 NOV 1657 in Stratford, Fairfield Co., CT

Marriage 2 Thomas Hicks b: ABT. 1642 in Newport, RI
Married: ABT. 1659
Children
Thomas Hicks b: ABT. 1660 in Flushing, NY
John Hicks b: ABT. 1661
Mary Hicks b: ABT. 1664
Jacob Hicks b: ABT. 1670 in Flushing, NY
Phebe Hicks b: ABT. 1672 in Stratford, Fairfield Co., CT
Sarah Hicks b: ABT. 1674
Elizabeth Hicks b: ABT. 1676