Jeremiah Houchin being also present in court, and respectively
presenting their pleas and evidences in the case," it was finally
decided and ordered by the court, that the provisions of the document
purporting to be the will of Governor Endicott should be carried into
effect, with these exceptions: that the Bishop or Chickering farm
shall go to his son John "to him, his heirs and assigns for ever;" and
that Elizabeth, the wife of said son John, if she should survive her
husband, shall enjoy during her life all the estate of her husband in
all the other houses and lands mentioned in the instrument purporting
to be his father's will. The court adjudge that this must have been
"the real intent of the aforesaid John Endicott, Esq., deceased, who
had during his life special favor and respect for her." They give the
widow of the Governor "the goods and chattels" of the said John
Endicott, Esq., her late husband, provided that, if "she shall die
seized to the value of more than eighty pounds sterling" thereof, the
surplus shall be divided between her two sons: John to have a double
portion thereof. Finally, they appoint the widow sole administratrix,
and require her to bring in a true inventory to the next court for the
county of Suffolk, and to pay all debts.

John and his father-in-law had it all their own way. The decision of
the court was perhaps correct, according to legal principles; although
it is not so certain that it was, in all respects, in conformity with
the intent of Governor Endicott. Undoubtedly, as the language of the
deed shows, he had made up his mind to give to his son John and "his
assigns" absolute, full, and final possession of the Bishop farm. But
it seems equally certain, that he meant to have the rest of his landed
estate, including the Orchard Farm and the Ipswich-river farm, go
directly and wholly to the survivor, if either of his sons died
without issue. The facts and dates are as follows: His son John was