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Fifth Generation

221. DANIEL COMSTOCK52,83,165 was born about 1717.9 He died on 28 July 1753 at the age of 36 in Smithfield, Providence County, Rhode Island.9,59

Smithfield RI, DB 1, p.388 21 Dec 1735 Daniel Comstock to his well beloved son Azariah, four acres part of his homestead in Smithfield. Recorded 4 Apr 1738.
p.389-390 8 Aug 1735 Daniel to Azariah 50 acres, part of homestead farm. Bounds land of Ezekiel Goldthwayt and the highway. Also recorded 4 Apr 1738.
p.390-391 8 Apr 1738 Daniel Comstock to well beloved son Daniel, 30 acres off the north end of land laid out to Daniel Comstock by Thomas Fenner, Surveyor. Recorded ______ 1738 [probably same day as the previous deeds to Azariah]
p.406-407 13 Nov 1738 Daniel Comstock to Daniel Comstock Junr, 20 acres on the north side of other land of the Grantor; mentions other lands of the Grantee laid out by Thomas Fenner. Recorded 2 Dec 1738.
p.472-473 27 Jan 1738/39 Daniel Comstock to Azariah Comstock, 30 acres. Near dwelling house of Azariah Comstock, adjacent land recently laid out to Daniel Comstock, Junr, other lands of Azariah Comstock.

A case before the Rhode Island Supreme Court. Seth Arnold on the 5th of January in 1741 at Glocester did pass in payment to Anthony Arnold of New Milford [Seth's brother] fifteen false and counterfeit bills of the denomination of twenty shillings, knowing them to be false and counterfeit. On Friday, the 28th of May next, between the hours of three and five in the afternoon to stand in the Pillory in Newport ...and be confined and have your ears cropped or pay a fine to the General Treasury of 300£. Before the 28th of May give bond in the sum of 500£ and make good double damages to the persons injured thereby and pay all charges of prosecution and all lawful fees and to remain secured in His Majesty's Gaol in Newport until the sentence is performed.
A similar charge and sentence was placed on Azariah Comstock of Smithfield, who collaborated in forging, counterfeiting, imprinting and signing the counterfeit bills.
On the 2nd Monday of February 1743, Seth Arnold and Daniel Comstock, Jr., paid their fines and petitioned the General Assembly for return of their freemen's privileges. Their petition was supported by signatures of 51 of their Smithfield neighbors who stated that had been honest men until they fell into the affair of counterfeiting bill.

Smithfield Vital Records, Vol 1, page 28
Smithfield, 12 Dec 1742
Daniel COMSTOCK, Junr. [married to]
Martha BROWN
by William Arnold, Justice
recorded 20 Jan 1745 by Thos. Sayles, Town Clerk

Providence Court of Common Please [Civil Cases]
Jun 1744 Roger Darby of Smithfield, Husbandman alias Yeoman vs. Daniel Comstock, Junr., of said Smithfield, Yeoman alias husbandman. Action of Trespass and Ejectment, Damages of 350 £'s. [probably a boundary dispute] The case was sent to the Jury. The Jury found for the Defendant, Cost of Court. Daniel Comstock to recover and have from Roger Darby the cost of the Suit, 8.3.8.

History of Woonsocket:
p.64 - A List of the Highways of Old Smithfield in 1748, And the Names of Those Who Were Obliged, By Law, To Keep Them In Repair. District No.1 includes Daniel Comstock and his sons Daniel Comstock, Jr. and Azariah Comstock as well as his brothers Hezadiah and Ichabod, and Anthony a son of Hezadiah. John Comstock was in District No. 9. District No. 16 included Joseph Comstock, Hezadiah Comstock, Jeremiah Comstock, and David Comstock, Esq.
From History of the Town of Smithfield, by Steere, 1881
In 1748 the population of Smithfield was 450 persons. The town was divided into sixteen highway districts, to be worked by those named with the first person named as surveyor. District No. 1 began at Patience Arnold's and extended northwest over the Branch River and all roads west and northwest of said river. Daniel Comstock Jr. was the first named.
1748 Daniel Comstock Jr. on a list of freemen from Smithfield

Smithfield, RI, DB 2, p.522 7 March 1742/1743 Nathaniel Staples of Smithfield sold to Daniel Comstock Junr, 5 and 1/2 acres to be taken up in the Common on the east side of the seven mile line upon the original Right of Robert Colwell and in the twenty-acres Division.
p.617-619 16 Nov 1747 Ananias Mowry sold to Daniel Comstock, 3 acres, to be taken up in the Common or undivided land on the East side of the 7 mile line within the township of Smithfield in the 20 acre division upon original right of John Steer. Witnessed by Nathaniel Staples & Joseph White. [This deed could also be that of his father Daniel.]

Smithfield RI, DB. 3, p.301-302 7 Mar 1743 Experance Staples, widow, to Daniel Comstock Junr. 12 and 1/2 acres to be taken up on the East side of the seven mile Line either in the township of Providence or Smithfield. The land is in the original right of Thomas Olney on the twenty acre division. The half acres on the original Right of John Sayles on the twenty acre division. Not recorded until 27 Aug 1753.
p.302-303 16 Sept 1747 John Arnold of Smithfield to Daniel Comstock, Junr of Smithfield. Six and 2/3 acre in the Common or undivided land on the East side of the seven mile Line within the township of Smithfield on the original Right of Robert Colwell and in the twenty acre Division. Also rec. 27 Aug 1753.
p.303-305 6 Dec 1745 Daniel Comstock to Daniel Comstock, Junr, 45 acres in Smithfield. "Mark" of Daniel Comstock. Rec. 27 Aug 1753.
[These deeds all recorded same date as probate of Daniel's Will]

DB 3, p.402-403 16 Nov 1751 Daniel Comstock Jr. to Joseph Buffum, both of Smithfield. 10 acres to be taken up in the Common or undivided land on the East side of the seven mile Line. Witnessed by Mary ? [illegible] and Margret Buffum. Rec. 30 Jun 1754. [Should this deed have been Daniel Comstock Senr?]

Smithfield RI, DB 5, p.269-270 22 Jan 1748 Daniel Comstock Junr of Smithfield sold five acres to Jonathan Read. Land to be taken up in the Common on undivided land, east side of the Seven Mile line in Smithfield upon the right of Thomas Olney and on the twenty acre divison of lands. Not recorded until 20 Apr 1762. [See above deed from Experiance Staples]

Daniel wrote his Will dated 21 Jul 1753; proved 27 Aug 1753. Named wife Martha, four sons Israel, Daniel, Jacob & Caleb, and daughter Chloe "when 18". [Daughter Martha was born after his death.]

Daniel Comstock, Jr., yeoman, departed this life 28 July 1753.

Microfilm #0959526
Central Falls RI Filmed at City Hall 15 Mar 1974
Item #2 Council & Probate Journal 1749-1768

p.124 Daniel Comstock Will
The twenty first Day of July in the year of our Lard one thousand
Seven hundred and fifty three I Daniel Comstock Junr of Smith
field in the County of Providence &c Yeoman being very Sick and
weak in body but of perfect mind and memory thanks be given
to God therefore calling unto mind the mortality of my body
and Knowing that it is appointed for men once to Die Do make
and ordain this my Last Will and testament, and first of all
I Recommend my Soul into the hands of God that gave it and
my body to the Earth to be buried in a decent manner at the
Discretion of my Executrix and as to such would by Estate
wherewith it hath pleased God to bless me in this life, I give
and Dispose of the Same in the following manner and form:
Imprimis I give and Bequeath to Martha my beloved wife my
best feather bed and furniture: Item I give and bequeath to
my four sons Israel Daniel Jacob and Caleb all my Lands and
Real Estate to be eqully divided between them to have and
to hold to them my above Said four Sons their Heirs and assigns
for ever; Item I give and bequeath to my Daughter Chloe the
Sum of two Hundred Pounds in bills of Credit old tenor to be
raised out of my moveable Estate and paid to her when she
shall attain to the age of eighteen years and if any thing
Remain of the personal Estate after my due Debts funeral
Charges and Legacies are paid will is that it be
Equally Divided between between my five children my sons to
receive their part each of them when they shall attain to the
age of twenty one years and my Daughter to receive her part
when she shall attain to the age of eighteen years
; and I do
hereby made ordain and appointed Martha my wife sole
of this my last Will and Testament and I do hereby
utterly Disalow revoke and disanul all and every other
former Testaments will Legacies bequests and executors
by me before this time named willed and bequeathed ratifying
and Confirming this and no other to be my Last Will and Tes
tament in witness where of I have here unto set my hand
and Seal the day and above written
Signed: Daniel Comstock, Junr
Signed Sealed Published
Pronounced and declard
by the Said Daniel Comstock
as his Last will and Testament
.....[last line unreadable - too dark]
Adam Harkness
Daniel Cass
David Comstock

At a Town Council held in Smith
field in the Count of Providence &c
By Admournment the 27th day of August
AD 1753. The above written will was
present before this Council bby Mrs. Martha Comstock widow
of the above Subscriber Daniel Comstock Junr and accepted
of being executrix of said will as she was their in appointed and
Defined that it might be proved; Adam Harkness, Daniel Cass,
& David Comstock the witnesses of said will all three appeared
and on solemn Engagement Declared that they see Daniel
Comstock Junr the above Subscriber Sign Seal publish pro
nounce and Declare the same to be his Last Will and Testam
ent and that they at the Same time and in his presence set
their hands as witnesses there unto and that he was in per
fect mind and memory at the same time; Where upon it is
voted that the above written will be and it is hereby proved
and approved to be a Lawful will & Testament and ord
ered to be recorded. Test. Thos. Sayles Council Clerk
and accordingly Recorded per Thos. Sayles Council Clerk

An Inventory of the Good and Chattles of Daniel Comstock
Junr Late of Smithfield in the County of Providence &c
yeoman Deceased who departed this Life the 28th day of July
AD 1753
....[adjo]urnment the 27th day of August AD 1753: Signed & Sealed by ord
and on behalf of Said council
by Thos. Sayles Council Cler
Recorded per Tho. Sayles Council Cler

DANIEL COMSTOCK and MARTHA BROWN were married on 12 December 1742 in Smithfield, Providence County, Rhode Island.9,96,166 MARTHA BROWN, daughter of JOSEPH BROWN and SARAH PRAY, was born on 23 October 1721 in Attleborough, Bristol County, Massachusetts.9 She died in November 1812 at the age of 91 in Smithfield, Providence County, Rhode Island.

Martha was the daughter of Joseph Brown and Sarah Pray.

Martha remarried after the death of Daniel Comstock.

page 121, Smithfield Vital Records, Vol 1
19 Aug 1756
John FARNOM, of Uxbridge, Worcester Co., MA
Martha COMSTOCK, of Smithfield, widow of Daniel Comstock, Jr.
By Thomas Arnold, Justice of Peace
recorded 28 Sep 1756

Rhode Island Vital Records by Arnold:
FARNUM Martha, widow of John, Esq., at Smithfield, aged 93 years. Phenix of Nov. 14, 1812
The Providence Phenix was a newspaper.

DANIEL COMSTOCK and MARTHA BROWN had the following children:












Caleb COMSTOCK was born on 9 January 1750 in Smithfield, Providence County, Rhode Island.9,164

In December of 1768, Azariah Comstock, living in New Hampshire, sold his half of his father's land to his nephews Israel, Daniel, and Jacob. No mention was made of the 4th brother Caleb. I believe it's likely Caleb was not living. Caleb likely would not yet been of age, but it seems probable some mention of his share would have been made.






Martha COMSTOCK was born on 13 March 1754 in Smithfield, Providence County, Rhode Island.9,164