THE MASON CLAIM
Captain Mason died November 26, 1635; and by his will, after making several legacies, he gave to his grandson, John Tufton, the remainder of his estate in Hew Hampshire, requiring him to take the surname of Mason. He died in infancy; and his brother Robert, likewise called Mason, then became heir to the whole estate, subject, however, to such rights as belonged to Mrs. Anne Mason, the widow of Captain Mason, and executrix of his will. Robert Mason became of age in 1650.
Hampton was settled about three years after the death of Captain Mason; but neither from the executrix of his will nor from her agent was heard any note of remonstrance, although Massachusetts, by the very act of granting the place for settlement, virtually claimed the territory as her own, regardless of the claims of Mason's heirs. But when the towns on the Piscataqua come under the jurisdiction of Massachusetts, the heirs of Mason, or their agent, demurred a little; but, at that time, as has been well remarked, "the distractions caused by the civil wars in England, were invincible bars to any legal inquiry." (Belknap's History of New Hampshire, I;86.)
In 1651, Joseph Mason coming over as agent of the executrix and finding some of the lands claimed by her, occupied, brought actions against the occupants in the county court of Norfolk, whence they were referred to the General Court.