Records & photos · Wills and probate
Middlesex County, Massachusetts, probate case 16189, Thomas Oakes of Cambridge: will of 12 September 1658. The will of Thomas Oakes of Cambridge in New England: to his wife Elizabeth Oakes his whole estate during her widowhood for her livelihood and the education of his children; a double portion for a son if the child his wife is now with prove a son; wife sole executrix; his brother Edw. Oakes, Deacon John Bridge and (added before signing) John Cooper overseers; signed Thomas Oakes, witnessed by John Bridge, Edward Oakes, [?Joseph Mitton?] and Tho: Danforth.
Image · dated 12 Sep 1658 · source: Middlesex County (Massachusetts) Probate Court, via FamilySearch.
Transcription
Word-for-word transcription (spellings kept; uncertain letters in brackets).
Cambridge in N. E. Sept. 12th 1658:
I Thomas Oakes being at p[re]sent [?though weake in body?] yet of Sound mind & memory, do make & ordaine this [LIKELY]
my last Will and Testam[en]t, as followeth, (i.e) my poore [LIKELY]
imortall Soul I do humbly desire, in some measure of
faith & hope to leave & resigne unto the everlasting
mercyes of God the father in his Eternall Sonne Christ
Jesus, & his most Blessed & Holy Spirit, being fully
p[er]swaded, of his faithfullnes w[hi]ch hath promised, & by experience
having found that he never said to the seed of Jacob that
they should seeke him in vayne. my poore body I desire
it may be decently buried at the discretion of my
Executrix and as for my outward estate, my Will is yt
it be disposed of in maner following [my just debts &
funerall Expences being first discharged] (i.e) unto my
deare & Lov: Wife Elizabeth Oakes I do leave
my whole estate dureing her widow hood, for her own
livelyhood & the Education of my Children. & after
her decease my Will is that my Children shall have
& shall remaine equally divided amongst them. [LIKELY]
Excepting only in case the Child my Wife is now w[i]th
all be a sonne, then my Will is that he should have
a double portion, otherwise to be equally divided amongst
them, and in case any of them do dy before they
come of age, then the surviv[or]s shall have y[e] portion of
the deceased equally divided amongst them. And in case
my Wife do marry againe, my Will is that then
she shall have only one third part of the profitts of my lands
& houses dureing her life, & one third part of my
moveable estate to be and remaine to her owne proper
use & to her assignes. and my Children with y[e]r portions
I do remitt unto y[e] care & dispose of my Overseers
according as they shall Judge may best conduce
for their p[re]sent & future good. finally I do
nominate my loving wife sole Executrix of this
my last Will. & my loving Bro: Edw: Oakes &
and Deacon Jn[o]. Bridge, ^[and Jn. Cooper] I do nominate [struck: & impow]
to be my overseers. // and Jn[o]. Cooper, added before y[e] signing.
Read, Signed, and declared
to be his last Will.
In p[re]sence of us:
[signature] Thomas Oakes
[signatures] Jn[o] Bridge / Edward Oakes / [?Joseph Mitton?] / Tho: Danforth
[Source: research-b-oakes-1658-1681-2026-10-02/TRANSCRIPTION.md sec. 1, frame 798.].
How it is shown: Complete frame; no crop, no retouch, no search highlight.
Keep in mind: Confirmed on the dispositive clauses (two passes); the preamble words and the third witness are Likely. Nothing in this case names Nathaniel Oak of Westborough or his family; no child named in the will and no tie of Thomas Oakes to Nathaniel Oak shown; it is shown here as a probate record of the surname, linked to its own research source and not to a person in the tree.
![Middlesex County, Massachusetts, probate case 16189, Thomas Oakes of Cambridge: will of 12 September 1658. The will of Thomas Oakes of Cambridge in New England: to his wife Elizabeth Oakes his whole estate during her widowhood for her livelihood and the education of his children; a double portion for a son if the child his wife is now with prove a son; wife sole executrix; his brother Edw. Oakes, Deacon John Bridge and (added before signing) John Cooper overseers; signed Thomas Oakes, witnessed by John Bridge, Edward Oakes, [?Joseph Mitton?] and Tho: Danforth.](/media/e01b48c997731/display.jpg)