Monday, January 19, 2015

Amanuensis Monday - Post 252: Setting Off the Portions of Five Children to Simon Gates (1739-1803) Estate

Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday."  John offers this definition for "amanuensis:" 

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

The subject today is the 1803 setting off of the remainder of the real estate to five children in the estate settlement of Simon Gates (1739-1803) of Gardner, Worcester County, Massachusetts in Worcester County Probate File 23252:






The transcription of the images above is:

[image 84 of 1089, bottom half]

We then proceeded to Make Distribution to and among the Heirs of
the Said Simon Gates Deceased the Remaining Sum which is left
After Setting off to Susanna Gates widow to the said Deceased her full
third amounting to the Sum of Two thousand five hundred and
thirty Dollars Sixty six Cents and two thirds of a Cent
                                                                                                            $ 2530=66-2/3
Which Sum Remains to be Divided to and among five
Heirs the Oldest Namely Nathan Gates having rece-
ived of his father in his lifetime the Sum of Two hund-
red Sixty Six Dollars and Sixty Seven Cents and Received
for the Same as part of portion and was Indebted to
Said Estate by his Notes of hand to the Sum of Seven-
Hundred Sixty Dollars and five Cents Six mills
Principal and Interest Which makes the Sum of
One thousand and thirty three Dollars Seventy two
Cents and Six Mills and as the Said Nathan Gates on
the one part And the rest of the Heirs and Representati-
tive of Heirs on the Other part Came to the following
Agreement and Rattified the Same which is as followeth
that the Said Nathan Quit All Claim in and to the whole
of Said Estate Both Real and personal which he now had
or might hereafter have ^had^ Upon being Discharged from
All Demands against him in favor of Said Estate.
And theirfore we Considered him as not being an Heir
to Said Estate and proceeded to Distribute the Above
Sum to and among the Said Remaining five Heirs
Which Each Heirs Share Amount to the Sum of five
Hundred and Six dollars thirteen Cents and one third
of a Cent                                                                                           $ 506=13-1/3

[image 85 of 1069]

Then we proceeded and Set off to Simon Gates and Daniel Gates
two of the heirs to said Simon Gates Deceased in Common and
Undivided the following and undev Lands and Buildings /viz/
One Half of the new Dwelling House it being the West front Room
the East Chamber the northwest bedroom and also one half in
Common and undevided the Kitchen Butting on Cheese Room the

Dressen in the Kitchen the front Entery and Bakers hole and the
whole of the South half of the Cellar and an Equal priviledge
of passing and Repassing Up Chamber and Down Cellar to Occupy
the Eastwardly Shed and the East part of the Barn to the Middle of
the west bay and the South Scafold against the West bay and a
priviledge in the West Thrashing floor to Carry in hay and other
fodder to fill said South Scaffold.

Also Sixty ^four^ Acres and Seventy four rods of the home farm bou-
nded as followeth /viz/ beginning at a Stake and Stones at the
Southeastwardly Corner of the Otchard and ^in^ Daniel hows line
thence Eastwardly by said Hows land and land in the Occupati-
on of the Widow May ^to a Stake and Stone^ thence Northwardly by Dunn's road so-
called and John Dunn's land to a Stake and Stones thence
Westwardly by Lucas Dunn's land and Edward Jacksons land
^to a Stake and Stones^ thence Southwardly by said Jacksons land to a Stake and
Stones thence Eastwardly by the one third to a Stake and
Stones ^thence^ the North Side of the Barn by a wall thence
through the Barn Cowyard and to the middle of the Well
thence Southwardly by the West End of the old house and
as the fence now Stands by said lane to a Stake and Stones
on the west side if said Orchard being a Corner of part of the
one third thence Eastwardly across said Orchard by said third
to a Stake and Stones thence Southwardly by said one third
to the first Mentioned Corner bound appraised at togeather
with an Equal priviledge in the lane and round the new house
as Occasion May Require. Also we set off to the said Simon and
Daniel the Cidermill and Corn Barn which we appraised at
the Sum of One thousand Six Hundred and fourteen Dollars
Sixteen Cents and two thirds of a Cent                               $ 1614=16-2/3

Also we Set off to the said Simon and Daniel Two fourth
Division Lotts in the Eastwardly part of said Gardnerr Con-
taining According to the Deeds thirty Seven Acres be the
Same more or less Bounded as follows, Begining at a
Stake and Stones thence Westwardly by lott Number one
Hundred and one one Hundred and eighteen rods to a
Hemlock thence Southwardly thirty Eight rods to a
Spruce tree thence Southeastwardly twenty one rods
fifteen links to a spruce tree thence Eastwardly about
Twenty five rods to a Stake thence Eastwardly about
Fifty five rods by land belonging to Aaron Wood Esqr
to a hemlock tree Marked thence Northwardly about
Seventy five rods by lott Number thirty to the

[image 86 of 1069]

                                                                      Brought forward 1614-16-2/3
first Mentioned Corner bound Appraised at the Sum
of One hundred and Eighty Five Dollars                            $ 185=00

Also we Set off to Said Simon and Daniel a Certain Tract
of Swamp land called the Coburn Swamp lying in the
Town of Westminster in said county Butted and bound-
ed as followeth, Containing Eighteen acres and one
hundred and nine rods beginning at the Southwestwardly
Corner a Stake and Stones thence Runing Northwardly
forty seven rods seven links by Jewett and Williams land
to a Stake and Stones thence Eastwardly by David Cowee
land fifty two rods to a Stake and Stones thence South-
wardly forty Eight rods sixteen links by Baldwins and
Maynards land to a Stake and Stones thence South-
westwardly twenty one rods by Lott Number one hun-
dred and twenty two fourth Division to a Spruce tree
Marked thence Westwardly forty four rods by Biglows
Land to the first mentioned Corner bound Appraised
at the Sum of One hundred and ninety Dollars 190=00

Also a Pew in the Galleries in said Gardner Meeting-
House Appraised at the Sum of Twenty Seven Dollars       27=00

Also one half in common of the Horse Stable at said
Meeting House Appraised at the Sum of Two-
Dollars and fifty Cents                                                                   2=50

Amounting in the whole to Two thousand and Eigh-    ___________
teen Dollars Sixty Six Cents and two thirds of a Cent   $ 2018=66-2/3

They paying to their Sister Elisabeth
Gates four hundred Eighty four Dol-
lars Thirteen Cents and one Third of
a Cent                                                                                           $ 484=13-1/3

and to their Brother Ezekiel
Gates five hundred and Six Dol-
lars Thirteen Cents and one third
of a Cent                                                                                       $ 506=13-1/3

and to pay to their brother Reuben
Gates Sixteen Dollars Thirteen Cents
and one third of a Cent                                                              $ 16=13-1/3
____________
In the Whole one Thousand and
Six dollar and forty Cents                                                        1006=40

[image 87 of 1069]

To Elisabeth Gates One half of a pew in said Gardner
Meeting House Below Number fifteen and in Common
with the Other half belonging to the one third Appraised
at the Sum of Twenty two Dollars                                           $ 22=50

To Receive of her Brother Simon Gates and Daniel
Gates the Sum of four hundred and
Eight four Dollars thirteen Cents and one third
of a Cent                                                                                   484=13-1/3

Amounting in the whole to the Sum of five
Hundred and Six dollars thirteen Cents and         _____________
one third of a Cent                                                              $ 506=13-1/3

To Reuben Gates A Certain Tract of Land in the Southwest-
wardly part of said Gardner Called the Marshal Lott Containing
Forty Eight Acres and One hundred and forty nine rods Bounded
as followeth /viz/ Begining at a Stake and Stones at the End
of a wall and adjoining a road leading from said Gardner
to Westminster thence runing Southwestwardly by David
Reeds land one hundred and fifty two rods to a Stake and
Stones thence South Eastwardly Twenty four rods and twenty
links by Said Reeds land to a Stake and Stones thence North
Eastwardly forty two rods fifteen links by Ephraim Pratts
land to a Stake and Stones thence Southeastwardly thirty
Nine rods five links by said Pratts land to a Stake and
Stones thence Northeastwardly Ninety Six rods by John
Pierces land and Jabez Biglows land to a Stake and
Stones thence Northwardly Nineteen rods and five links
by William Pennimans Land to a Stake and Stones at
Said Road thence up said road to the first mentioned
Corner bound Appraised at the Sum of four hundred
and Ninety Dollars                                                                     $ 490=00

To Receiv of said Simon Gates and Daniel
gates the Sum of Sixteen Dollars and
thirteen Cents and one Third of a Cent                                        16=13-1/3

Amounting in the Whole to the Sum
of five hundred and Six Dollars thirteen                                   ___________
Cents and one third of a Cent                                                   $ 506=13-1/3

[image 88 of 1069]

To Ezekiel Gates to Receive of their Brother Simon
Gates and Daniel Gates the Sum of five Hundred and
Dollars Six Dollars thirteen Cents and one Third of
a Cent                                                                                             $ 506=13-1/3

The Widow Susanna Gates Dower Appraised at              $ 1265=33-1/3
To Simon Gates and Daniel Gates                                            1012=26-1/3
To Elizabeth Gates                                                                         506=13-1/3
To Reuben Gates                                                                            506=13-1/3
To Ezekiel Gates                                                                             506=13-1/3
                                                                        Total                    $ 3796=00

Given under our hands this fifteenth day of December
Anno Domini Eighteen hundred and Three

                                                                                 Aaron Wood         }
                                                                                 Matthis Mosman } Committee
                                                                                 Stephen Hoar       }

                                                                               Countersigned by

                                                                                Susanna X Gates
                                                                                Nathan Gates
                                                                                Elizabeth Gates
                                                                                Simon Gates
                                                                                Daniel Gates
                                                                               Merari Spaulding Guardian

The source citation for this part of the estate record is:

Massachusetts, Worcester County, Probate Files, 1731-1925, Case 23252, Simon Gates Estate, 1803, Setting off of real estate portions to 5 children; digital images, FamilySearch.org,(https://familysearch.org: accessed 12 August 2014); in "Case no 23243-23330, Gates, Sarah-Gay, William, 1731-1881" (images 84-88 of 1069); original records in Worcester County, Mass. Courthouse.

This is the sixth of several transcriptions from the Estate packet for Simon Gates (1739-1803), my 5th great-grandfather.  He died 11 March 1803 in Gardner, Worcester County, Massachusetts.  

In this part of the estate file, all part of the report by the three men commissioned to divide the real property of Simon Gates among the heirs, we see that the remainder of the land owned by Simon Gates at his decease was passed to four of his sons (two of whom were represented by a guardian) and a daughter.  The eldest son, Nathan Gates, quit claimed his share of the estate because he had already been given a portion of it and he owed his father money loaned to him before he died.  The other siblings agreed to this quit claim.  The remainder of the estate added up to $ 2530.66-2/3, meaning the portion of each of the five heirs was $ 506.16-1/3.  The two sons who received the other part of the home farm had to pay money to several of their siblings in order to make the numbers come out even.  

I am always amazed that the commissioners can make the numbers come out correctly (perhaps they did the sums on a scratch paper first!  And double checked their calculations).  

In the next post, I will transcribe the final account of the executors of the estate of Simon Gates.  
My ancestor is the first son, Nathan Gates, who quitclaimed his interest in the real estate of his father.  If, as the oldest son, he was to receive a double share of the estate, the money he was given and borrowed add up to about the double share value.  Perhaps they thought it was too difficult to include it, or the other heirs thought it wasn't worth the effort.  


Copyright (c) 2015, Randall J. Seaver


1 comment:

Karen Trearchis said...

Thanks for sharing this Randy! You have done a job presenting this!