Monday, January 26, 2015

Amanuensis Monday - Post 253: Decree of Partition in 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 decree of partition in the estate settlement of Simon Gates (1739-1803) of Gardner, Worcester County, Massachusetts in Worcester County Probate File 23252:

The transcription of this Decree of Partition is (with handwritten portions in italics):

[page 102 of 1069]

Worcester Ss.
To all People unto whom these Presents shall come,
Nathaniel Paine Esq.
Judge of the Probate of Wills, &c., in the County
of Worcester within the Commonwealth of
Massachusetts, sendeth Greeting.

KNOW YE, That, pursuant to the Acts or Laws of the said
Commonwealth, relating to the Settlement or Distribution of the
Estate of Intestates, and the Directions, Power and Authority
to me therein given, I do hereby order and assign accept the foregoing
report of the Committee by and order and assign –

all those Pieces and Parcels of Land, with the Buildings and Appurtenances
thereon and thereunto belonging, as -

and the same is are particularly set forth and described in the Return of
Commissioners by me appointed and sworn for the Apprisal thereof, and
by them valued at three thousand Seven hundred and
ninety six Dollars – (as by Return of the
said Commissioners into the Registry of Probate for the said County
------------------- may appear) TO HAVE AND TO HOLD the
hereby ordered and assigned Land and Premises, with the Members and
Appurtenances thereof unto ---- the before named (excepting what in set
off to the Widow of sd Deceased for her (Dower) unto the several assignees
therein mentioned –
and to their Heirs and Assigns forever.

PROVIDED they the said Assignees who have more than their share ^set to them,^
their Heirs, Executors, or Administrators, shall and do well and truly
pay, or cause to be paid unto the rest of the before-named deceased's
Children, their legal Representatives, or Guardians, the several Sums of
Money hereafter in this my Decree to them respectively ordered to be paid,
together with the Interest for their respective Sums or Portions, after the
Rate of Six Pounds per Cent, per Annum, to commence on and from
the 1st Day of April last Anno Domini,
and both Principal and interest to be paid (if demanded) on or before the
17th day of November which will be in the Year of our
Lord One Thousand Seven eight Hundred and four.

[page 103 of 1069]

ACCORDINGLY I Order the before-named Assignee s ^Simon Gates & Danl Gates^ their
----- Heirs, &c, in the first Place to pay and clear the Charges
relating to this Settlement, amounting in the whole to

Then to pay out to the other heirs as follows, viz. -
the said Simon Gates and Daniel Gates to pay or cause to be
paid unto Elisabeth Gates their sister in part of her portion
the sum of four hundred and eighty four Dollars thirteen Cents
and half a cent and to Ezekiel Gates his share amount-
ing to five hundred and Six Dollars thirteen Cents & one third of a
Cent and to Reubin Gates the Sum of Sixteen Dollars thirteen
Cents and one third of a Cent in part of his portion – the said
Elisabath, Ezekiel and Reubin, having the rest of their portions in
Said Real Estate assigned to them in Real Estate payment to be made
in like money.

In like Money, Manner, and with the Interest before mentioned. All which
aforesaid Sums, with the Share of the said Assignee s amount to the apprized
Value of two thirds of sd Real Estate and (together with what
was advanced by the said deceased in his Life Time to Nathan
Gates -----------------------------) make each Child's
Share therein to be agreeable to the Direction of the Law.

PROVIDED also, in case all or any Part of the hereby assigned Land
and Premises shall be legally evicted from the above-named Assignee s
their ---------------------
Heirs, Executors, Administrators or Assigns, that then the rest of the
aforesaid deceased's Children, their Heirs, &c. (Sharers in this division)
shall refund their rateable Parts, with Law Charges. In Testimony
whereof I have hereunto Set my Hand and the Seal of the Probate Office
for the County aforesaid, the 17th Day of May
in the Year of our Lord One Thousand Seven ^eight^ Hundred and four,

Nath^l Paine JProb.

The source citation for this record is:

Massachusetts, Worcester County, Probate Files, 1731-1925, Case 23252, Simon Gates Estate, 1803, Decree of Partition; digital images,,( accessed 12 August 2014); in "Case no 23243-23330, Gates, Sarah-Gay, William, 1731-1881" (images 102-103 of 1069); original records in Worcester County, Mass. Courthouse.

This is the seventh 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, the Judge of the Probate Court decrees that what the Commissioners, appointed by the Judge, did in setting off real estate to the widow and the children of Simon Gates, was proper and he approved of the results.

I like to transcribe all of the document because there are so many nuances in the forms, which reflect the Law at the time of the event.  The Judge crossed out several phrases, and inserted other phrases, to reflect the actual circumstances.  

In the next post, I will transcribe the final account of the executors of the estate of Simon Gates.  That will complete my transcriptions of the records in this probate packet.  

Copyright (c) 2015, Randall J. Seaver

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