Benjamin Gibbs

  General Notes:

Benjamin3 Gibbs (John,2 Thomas1), born December 1673, died, testate, at Sandwich between 22 Aug. and 27 Sept. 1757.

He married in Sandwich 4 [January?] 1698/9, Mr. Rowland Cotton officiating, Anne3 Tupper. They are called "both of Sand­wich" (May. Desc., 29:31). The published "intention" is dated 27 Dec. 1698 (Sandwich Town Records[A]). She was a daughter of Capt. Thomas2 and Martha (Mayhew) Tupper of Sandwich, born 14 Dec. 1679; she died before the date of her husband's will.

By a happy and most unusual chance we learn from a sworn state­ment of this Benjamin Gibbs, himself, that "from the time I was two years old," as he has been told, until his marriage at 26, he "lived with my grandfather Blackwell" (Deposition, Superior Court of Judicature, docket 2687, Court House Annex, Boston). Therefore we know why it was that his maternal grandfather in his will, dated 29 Nov. 1709, gave him a special bequest: "I Michael Blackwell of Sandwich" give "unto my grandson Benjamin Gibbs, one half part of all my upland at Mayonsett ... lands in Sandwich adjoyning land formerly belonging to John Gibbs and other lands in Sandwich and lands I formerly bought of Robert Bartlett in Plymouth town­ship …" (Barnstable County Probates, 3:82-84; The Register, 117:183, July 1963).

"Benjamin Gibbs, of … Sandwich … yeoman ... for £75 paid by [his brother-in-law] Eldad Tupper" of Sandwich, conveyed by a deed of 13 Feb. 1732/3, "all that my lot of Cedar Swamp in Plymouth … being near the dividing line between the town of Plymouth and Sandwich ... it being the 3rd lot in the Great Cedar Swamp ... near my own dwelling house" (Plymouth County Deeds, 28:170). We can thus understand, despite the destruction of the Barnstable County records, how it happened that this Benjamin Gibbs came to have land and live in Sandwich, while his older brother, John, lived across the line in Plymouth. The will, dated 15 July 1737, of his uncle Joshua2 Blackwell of Sandwich, gives "to my son Samuell Blackwell ... all my part of the ... upland lying in partnership with Benjamin Gibbs" (The Register, 117:187, July 1963). Benjamin Gibbs' deposition, above referred to, taken about 1750, describes him as then in his 78th year (ibid., p. 191).

The will, dated 19 May 1757, of "Benjamin Gibbs of Sandwich … yeoman, being far advanced in years" gives "To John, Silvanus, Caleb, Seth, Job, Bathseba, Hannah and Deliverance Gibbs, the children of my son Silvanus Gibbs, deceased ... To my son Benjamin Gibbs" [who is named executor] "all my uplands in Sandwich, Wareham and Plymouth, except what I have given to the children of Silvanus . . . To my son Job Gibbs all my wearing apparrell also whatsoever he already received of me and what he owes me. To the children of my daughter Martha Fearing, deceased, viz.: John, Benjamin, Noah, David, Anna, Elizabeth, Martha and to my great grand children the children of my grandson Israel Fearing, deceased, the son of my daughter Martha Fearing, deceased, viz.: Israel and Sarah … To the children of my daughter Abigail Swift, deceased, my grandchildren Abigail and Jabez Swift … To my daughter Elizabeth Gibbs, the priviledge of living in my house while unmarried and two-sevenths parts of my personal estate. To my daughter Jane Hascall, one-third of one-seventh part of my personal estate. To my daughter Reliance Tobey, one-seventh part … To the children of my daughter Jedidah Burge, deceased, my grand children James, Elisha, Samuel, Benjamin, Mary and Abigail and Jedidah Burge, one third of one-seventh part…." Signed, and witnessed by Joshua Blackwell, Elisha. Bisbee, [the Rev.] Abraham Williams (Barnstable County Probate, 9:315).

The executor died very shortly after the above instrument was signed, necessitating the drafting of a codicil which is also of rare genealogical value:

"Whereas God in His Holy Providence hath taken out of this world my son Benjamin Gibbs, I do now bequeath to my grandson Silvanus Gibbs, the eldest son of my son Benjamin Gibbs, deceased, two-thirds of all my lands and meadows and swampy grounds and buildings which be in Sandwich, Plymouth and Wareham, excepting what is in the aforesaid will given to the children of my son Silvanus Gibbs, deceased … and legacies to Hannah and Anna and Experience Gibbs, mentioned in this codicil. I give to my grandson Benjamin Gibbs the son of my son Benjamin Gibbs, deceased, one-third part of all my lands … To my grand daughters Hannah, Anne and Experience Gibbs to each of them 40 shill­ings when they come of age. I give to my grand son Jabez Burge, son of my daugh­ter Jedida Burge, deceased, an equal share with his brethren and sisters in the one-seventh part of the one-third of one-seventh part of my personal estate willed to his brethren and sisters. I give to my daughter-in-law Johanna Gibbs the widow of my son Benjamin Gibbs, deceased, the improvement of my Real Estate herein given to her sons Silvanus and Benjamin till they respectively are at the age of twenty and one years, provided that she continues my son's widow ... I give to my daughter-in-law Johanna [also] to enable her to support her children two-thirds of what rye and wheat lies now in my barn and also of my flax and also one half of my Indian corn now growing and all my hay and grass this year growing, and my will is that my daughter Elizabeth and my daughter-in-law Johanna take what is [here] given them … before [the division] ... to my daugh­ters and grand children … also to my daughter-in-law Johanna, liberty to live in my dwelling house as long as she continues my son's widow" [he makes her his sole executor]. Signed 22 August 1757. Witnessed: Josiah Swift, Thomas Smith, Jr. [his physician], and Abraham Williams [his minister].

The inventory with total real estate in the county £553, dated 24 Oct. 1757, was presented by Johanna Gibbs as administratrix and the will and codicil were submitted for probate 7 March 1758 (ibid., 7:485/6; 9:317).

This probate is presented at great length because there are a num­ber of relationships that would not be known otherwise, especially in view of published errors in identification of several of the persons herein named.
[A] In this and other studies of Sandwich, families we have made we have tried to distinguish between the records which George Eliot Bowman copied and pub­lished in the Mayflower Descendant, which we show as "Sandwich Vital Records", and the unpublished records to be seen in the Sandwich town hall, which we show as "Sandwich Town Records." [Thomas1 Gibbs of Sandwich, Mass. (ca. 1615-1693) by Lydia B. (Phinney) Brownson and Maclean W. McLean, NEHGR 123, 1969]

  Noted events in his life were:

• Will, 19 May 1757, Sandwich, Barnstable, MA. ³¹⁴

• Codicil, 22 Aug 1757, Sandwich, Barnstable, MA. ³¹⁴

Benjamin married Anne Tupper, daughter of Rev. Thomas Tupper and Martha Mayhew, on 4 Jan 1698/99 in Sandwich, Barnstable, MA.³¹⁴ (Anne Tupper was born on 14 Dec 1679 ³¹⁴.)