ESTATE OF HUGH BURT, Jr. OF LYNN.
"Memar Random I Hew Bort doe freeley make my wife full exseckter. and I giue vnto hear my holle estat and I giue all soe my my House and land to my wife During hear life and after hear Deseese the house and land to falle to hear 2 Chilldren and all soe I freely lefe my tow Chilldren to my wifes Disposing acording to hear Discresion all soe if my wife be with Chilld yt Child to haue a Equll porsion with the other tow all soe I giue to my 2 Chilldren the holle estat that is left mee by my vnkell in Eingland after my ants deseese and for the seeing to hit to be parformed I haue mayd Choise of 4 to ouer see hit for the youse of my Chilldren my father Bort and Nathanell Hanfort and John Deakin and Edward Bort theese 4 I haue mayd Choise of to ouer see this estat wich is in Eingland for the youse of my 2 Chilldren." [No signature.]
Proved 31: 10: 1650, by Hugh Burt, Sr. and John Deacon. Essex Co. Quarterly Court Files, vol. 1, leaf 118.
The following is from:
The Great Migration Newsletter
Vol. 12, No. 1
Edited by Robert Charles Anderson, FASG
Another use of the letter of attorney was to authorize someone to collect a legacy left by someone in England to a relative in New England.
On 19 September 1646, Hugh Burt of Linne granted a letter of attorney unto James Everill of Boston, shoemaker, to ask & receive of Susan Burt the widow relict of Thomas Burt in Darkin in the County of Surrey deceased & sole executrix of his last will & testament the sum of twenty pounds the annuities of the two years last past granted him by the last will & testament of the said Thomas Burt deceased [Aspinwall 29-30].
James Everill passed this obligation on to others, and the legacy apparently remained uncollected for a few more years.
Then, on 15 January 1648/9, Hugh Burt of Lynn son of Jo[hn] Burt sometimes of Dorking in the County Surrey deceased & elder brother of Thomas Burt late of Dorking aforesaid deceased did constitute Edward Burt his son his true & lawful attorney general, with power of substitution for recovery of all debts, also set, let, alien or sell all or any the houses & lands (at Cowcross near London or elsewhere) descending unto him from John Burt late of St Clements near London, locksmith, deceased [Aspinwall 189-90].
Based on these clues, various researchers have confirmed this origin in Dorking, Surrey, utilizing English probate re-cords and parish registers [GM 2:1:501-4]. Hugh Burt's pursuit of his legacies generated more than just letters of attorney. Aspinwall also recorded a deposition which was used to establish Burt's identity, and therefore his right to the legacy.
On 15 January 1648/9, W[illia]m Mullings & John Cuddington did upon oath testify that Hugh Burt of Linne was son of John Burt sometimes of Dorking in Surrey deceased & elder brother of Tho[mas] Burt late of Dorking aforesaid deceased [Aspinwall 190].
As might be guessed, William Mullins (son of Williams Mullins of the Mayflower) and John Coddington were able to make this deposition because they also derived from Dorking, Surrey [GMB 2:1315-16; MF 16:1:14-19; TAG 20:94].