Monday, July 26, 2010

Amanuensis Monday - the Will of Zachariah Hildreth (1728-1784)

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Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started his own Monday blog theme many months ago called Amanuensis Monday. What does "amanuensis" mean? John offers this definition:

"A person employed to write what another dictates or to copy what has been written by another."

My subject today is the probate records of Zachariah Hildreth (1728-1784) of Westford, Middlesex County, Massachusetts. Zacharish married Elizabeth Prescott (1734-1812) in 1753 and they had twelve children between 1754 and 1775.

Zachariah Hildreth died testate, and his probate records are in Middlesex County [MA] Probate Records, Packet #11,391 (accessed on FHL Microfilm 0,397,093). The will reads:

"In the name of God, Amen. The ninth day of May in the year of our Lord one thousand seven hundred and eighty one.

"I, Zachariah Hildreth of the town of Westford in the County of Middlesex and Commonwealth of Massachusetts, Gentleman, being sick and weak in body but of a sound disposing mind, Thanks be given to God. Therefore, calling to mind the mortality of my body and knowing that this appointed to all men once to die, do ordain and make this my last will and testament, that is to say principally and first of all I give and recommend my soul to God that gave it, hoping thro' the merits and my Saviour Jesus Christ to have full and free pardon of all my sins and to inherit everlasting life; and my Body I commit to the Earth to be decently buried.

"And as touching such worldly estate wherwith it hath pleased Almighty God to bestow upon me and bless me within this worldly life, I give devise and dispose of in the following manner and form, viz:

"Imprimus, I will and order that all my just Debts, Funeral and Probate charges shall be paid and discharged in convenient time after my decease by my Executors hereafter named.

"Item, I will and bequeath to my beloved wife Elizabeth two cows and one heifer such as she shall choose out of my stock of cows after my decease and one swine, two sheep and two lambs, also two Feather Beds and Beding, and the one half of my household furniture and also the one third part of all my possessions that I shall die ... and possessed of to be by her my said wife freely possessed of to enjoyed and to be at her own dispose forever.


"I will to my beloved wife Elisabeth the use and improvement of my Clock and Case of drawers and the one half of my dwelling house thro'out and half the cellar with the Liberty of using the well and laying wood near the House for her conveniency, also the use and improvement of half the Barn and a small enclosed piece of grass ground lying behind my said barn with liberty of passing and repassing to and from my said barn; and the use of a ... and my pannel and third part of my liquor mill, also the use and improvement of my Causeway piece of land on all my fore side piece, so called, and my pasture and other land lying at or on Clay pit Hill so called, also one acre of wood lying near my Blodget's place so called, and the one half of my plough land lying on the pine plain so called, and the one third part of my pond lot so called. Also the use of a pair of oxen and husbandry tools so far as is necessary for the improvement of the land aforesaid in a Good and proper manner and for her comfort and good conveniency, the improvement and use of which to be by her my beloved. But after the decease of my said wife or if she shall marry then I will that the premises aforesaid that I have willed her the use and improvement of be divided, apportioned and settled among my four sons, namely Timothy, James, Jonas and Jesse and my six daughters namely Elizabeth, Esther, Lucy, Ruth, Ede and Hitty in the same form and manner as the Residue of my estate is to be divided among them as shall in this last will and testament hereafter be set forth and willed.

"Item. I will to my son Zachariah to his heirs and assigns forever five shillings lawful silver money to be paid in one year after my decease by my Executors hereafter named.


"Item. I will to my daughter Hannah five pounds lawfull silver money to be at her own dispose forever to be paid in one year after my decease by my Executors hereafter named and the reason I give them my son Zachariah and daughter Hannah no more is because I have given them portions out of my estate already.

"I will to my son Timothy his heirs and assigns forever my yoke of oxen ... riding that was... my beloved wife be not debarred the use of oxen...her improvement as aforesaid.

"Item. I will to my daughter Hitty and her heirs and assigns forever at three years ... with her Mother till she shall ... to the age of eighteen years except she should marry before that age ... which time she is to receive the same or its value.


"Item. I will and bequeath to my sons Timothy, James, Jonas and Jesse to their heirs and assigns all land lying and being in Townsend in the said county of Middlesex with all the appurtenances to ... sons Timothy, James, Jonas and Jesse equally and freely possessed and enjoy forever. Also I will to my said sons Timothy, James, Jonas and Jesse all my wearing apparel to be equally divided among them and by them to be freely enjoyed forever.

"Item. I will and bequeath to my Sons Timothy, James, Jonas and Jesse and to my daughters Elisabeth, Esther, Lucy, Ruth, Ede and Hitty to their heirs and assigns forever all the residue of my Estate of all sorts both real moveable and personal that is mine in possession or reversion that I have not herein otherwise particularly disposed of and except as herein excepted to be by these my said sons and daughters freely possessed and enjoyed forever. That is I will that each of my sons Timothy, James, Jonas and Jesse shall have two parts and that each of my said daughters Elisabeth, Esther, Lucy, Ruth, Ede and Hitty shall have one part the same to be ascertained and determined by a just appraisal. ... nevertheless I reserve to my son Timothy the use and privilege of holding the residue of my lands and other real moveable and personal estate as aforesaid providing that he my said son Timothy shall pay to my sons James, Jonas and Jesse their particular parts when they shall arrive to the age of twenty one years, from time to time as they come to that age without interest providing that the first of said legacies be not paid till one year after my decease except sickness or misfortunes shall make it necessary that the whole or part should be paid sooner and further providing that he my son Timothy shall pay to each of ... my last mentioned six daughters as shall be of the age of eighteen years at my decease the one half of their particular part as aforesaid within one year after my decease without interest and the other half part within two years after my decease without interest excepting that sickness or misfortune or their marrying should make it necessary that the whole or part should be paid sooner. And also pay to the others of my last mentioned six daughters that shall not be of the age of eighteen years at my decease their particular part or portions as aforesaid when or as they shall each arrive to the age of eighteen years without interest providing that may or any of them do not arrive to that age untill two years after my decease excepting that sickness misfortune or marrying so make it necessary that the whole or part hereof should be paid sooner, ... encourage the paying out of the legacies aforesaid, and to prevent many ... in my lands and real estate ... as aforesaid. I will that if ... profits, increase of the bequeathed residue of my estate as aforesaid are not sufficient to defray the publick and necessary taxes shall be assessed on said estate at any time in ... till the expiration of the ... in which the last legacy of my last mentioned four sons and six daughters becomes payable, so that the real estate as aforesaid shall be broke in upon for payment, that then in such case each of my last mentioned four sons and six daughters are each to bear their particular proportion thereof according to ... each own part for that purpose. I will that part... four sons and six daughters who shall ... of their said part previous to the expiration of said . ... shall at the receiving thereof give an obligation to ... his or her proportion of legacy in case the real estate shall be broke in upon for the payment of taxes as aforesaid.


"I will that in case my son Timothy shall decline to hold the land and refuse to pay out as before said, the particular legacies that then my son James shall have the liberty and privilege of holding the land and paying the legacies to all intents and purposes that my son Timothy has reserved for him in this my last will and testament. But if both my sons Timothy and James shall refuse... with cash or to hold the land and pay the legacies as aforesaid that then I will my residue of estate as aforesaid shall be divided and set off to my said mentioned four sons and six daughters as near or may be in the same proportion form and manner as is in this will before set forth namely the sons to have two parts and the daughters one part.

"And I will likewise appoint constitute make and ordain Asaph Fletcher of Westford aforesaid physician and my said son Timothy to be my only executors of this my last will and testament.


"And I do hereby utterly disallow, revoke and disannul all and every other former testaments wills and legacies bequests and executors by me many ways before this time named willed and bequested, ratifying and confirming this and no other to be my last will and testament in witness whereof I have hereunto set my hand and seal this day and year herein before written."
............................................................................ Zechariah Hildreth

"Signed sealed pronounced and declared by the said Zachariah Hildreth as his last will and testament in presence of us the subscribers."
Oliver Sterns,
Peter Hildreth,
Jonathan Hildreth


The inventory of the estate of Zachariah Hildreth was taken 25 July 1785 by a committee of Jonas Prescott, John Abbotsam and Joseph Jewett. Personal property totaled 181 pounds, 7 shillings, and 1 pence, and the real estate was valued at 582 pounds, 13 shillings. It was sworn to by Timothy Hildreth on 21 September 1785.

Timothy Hildreth provided his account of the payments from the estate as follows on 22 September 1790:


"Balance of his former accounts 22 Sept 1790 ..................... L 49:19:00

"cash paid and services rendered as follows:
to Doctor Charles Proctor ................................................ L 1:07:06
paid Thomas Brown ........................................................ 29:15:00
John Robins ...................................................................... 1:06:05
William Whiteing ............................................................ 25:00:00
Samuel Richardson ............................................................ 0:12:00
Ede Hildreth ................................................................... 30:00:00
Jonas Hildreth ................................................................ 51:00:00
Ruth Hildreth ................................................................. 25:00:00
paid to Joshua Reed, guardian of Jesse and Hitty Hildreth 76:00:00
---------------------------------------------------------------------- L 286:19:11

To examaning attorney and recording of this account .... 0:08:06
--------------------------------------------------------------------- L 287:08:05

There are quite a few parts of the will that were not decipherable - those parts are denoted by ellipses ( ... ).

Zachariah Hildreth died with a number of young children, and he tried to provide for them in his will, and it appears that the executor, Timothy Hildreth, tried to distribute the estate according to his father's will. It appears that a son's portion was 51 pounds and a daughter's portion was 25 pounds (Zachariah willed each son a double portion and each daughter a single portion). There are payments to William Whiting (the husband of daughter Lucy Hildreth, 25 pounds), daughter Ede Hildreth (30 pounds), son Jonas Hildreth (51 pounds) and Ruth Hildreth (25 pounds), and the guardian of Jesse Hildreth (51 pounds) and Hitty Hildreth (25 pounds). In addition, 29 pounds was given to Thomas Brown, who was the husband of daughter Esther Hildreth. That accounts for payments to seven of the children. Son Zachariah Hildreth and daughter Hannah (married to another Timothy Hildreth) were given their portions previously. That leaves Timothy himself, son James Hildreth (who died in 1789 before Timothy distributed the estate), and daughter Elizabeth Hildreth (who married Samuel Richardson) without a specific distribution. Samuel Richardson appears on the list of cash paid above - perhaps he borrowed against his wife's portion over the years and the 12 shillings paid off her portion.

Deed records may disclose the location of the family farm and the other properties owned by Zachariah Hildreth. They may also disclose if the real estate was broken up as part of the distribution or if Timothy stayed on the farm, and if his mother stayed on the farm until her death in 1812.

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