"John Maltbie of Saybrook, one of the legatees of Mr. William Maultby, late of Branford, Dec'd, did offer ye evidence of Samuel and Miriam Pond to show that through the Neglect of ye Scribe In writing ye will of said Dec'd., there was an omition of some Particular grants to ye said John Maultbie and his brother Daniell. But insomuch ty none of yet Interests were present nor cited to bee, ye Court do decline acting in ye affair."
(Vol. IV, p. 94)
"The Testymonie of Samll Pond and Miriam Pond. These Deponents testyfie and say they being with Mr. William Maultby of Branford, Dec'd, when he, said Maultby made his last will, heard said Maultby say he gave sixty four acres of his land at Sebb hil to his grandson, William Maltby and ye reminder of his said land at Sebee hil he gave to his son John and his son Daniel to be divided between them and farther saith at Guilford, July 23rd, 1712, the above named Samuel Pond and Miriam Pond made solemn oath to ye truth of the above written testymony before Abraham Fowler, Asst. John Maltby, of Saybrook. Who desires ye above testymonie affirmed to me ye subscriber yt he had notified all ye persons concerned in ye above William Maltby's estate to be present at time and place above said, but none of them present.
Test. Abraham Fowler, Asst.
A second record reads: "At a Court of Probate held at New Haven, ye 1st Monday of January 1710-11.
Present John Alling, Esqre, Judge
Warham Mather, Esq.
Abraham Bradley, Just. Mr. William Maltby.
"Mr. Joseph Tuttle on behalf of John Maltby, Daniel Maltby, David Parker in right of his wife, and Abraham Hoadley in right of his wife, some of the heirs of William Maltby, Esq., late of Branford, deceased, decried the Court to grant letters of administration on the goods and Chattels of ye said deceased. The Court after thor' consideration there of do not see cause to grant an administration on the goods and chattels of said deceased from this deny all the said John Maltby, Daniel Maltby, David Parker and Abraham Hoadley appeals to the Court of Assistants to be held at Hartford in May next. John Maltby, Daniel Maltby, David Parker and Abraham Hoadley, principals, and Matthew Gilbert and Samuel Cooper surety's acknowledge themselves bound jointly and severally in a recognisance of Forty pounds lawful money of the colony of Conn., to the Court of Probates for ye county of New Haven, to prosecute their said appeale to the effect and answer all damages in case they make not their plea good." (Vol. III, p. 252, New Haven Probate records).
Note. Hartford has no record of this case which was scheduled for "May next."
It seems to the compiler that John and Daniel Maltby, Jane Maltby who married David Parker and Elizabeth Maltby who married Abraham Hoadley, were all children of William Maltby's first wife Rachel.
Mary, daughter of William, was born in 1672, and is said to have died young, and William Maltby's 2nd son, William, was born in 1673, and died nine years before his father. His son, William, born 1700, was but ten years old when his grandfather died and was provided for in his will of 1710.
