Monday, December 12, 2016

Amanuensis Monday - 1748 Will and Court Records for Estate of Samuel Brown (1686-1749) of Eastham, Mass.

This week's documents for Amanuensis Monday are the 1748 will and 1749 court records for the estate of Samuel Brown (1686-1749) of Eastham, Barnstable County, Massachusetts:

a)  Volume 8, pages 237-238:

a)  Volume 8, pages 239-240:

a)  Volume 8, pages 241-242:

The transcription of all of the entries for Samuel Brown in this volume:

[page 238 (image 137, bottom of right-hand page]

In the Name of God Amen the twenty fourth Day of March
one thousand Seven hundred & fourty Eight I Samuell Brown of
Eastham in the County of Barnstable in the Province

[page 239 (image 138, left-hand page)]

of Massachusetts Bay in New England Gentleman being ^Weak in body but^ of Perfect
Disposing mind and Memory Thanks be given to God Caling to mind the
Mortallity of my Boddy and knowing that it is appointed for man once to Dye
Do make and ordain this my Last will & Testament That is to say Prinsiply
and first I Give and Recomend my soul into the hands of God that gave it
and my Boddy I Recomend to the Earth to be Buried with Decent Christian
Burial at the Discretion of my Executors hereafter Named Not Doubting but
at the General Resurrection I shall Receive the same again by the almighty
Power of God and as touching the worldly Estate wherewith it hath Pleased God
to bless me withall in this Life I Give Demise & Dispose of the Same
In the following Manner & form.

Imprimus I give to my Beloved wife Ruth the whole Improvement of my Grist mill
and fulling Mill During her Natural Life and the one half of my Dwelling house
During her Natural Life and one feather Bed and Sutible furniture thereto and
for her to have as mush household Stuff to Improve as She shall have Occations
for to use During her life and she shall have that Land and Meadow to Improvement
that Lays to the Eastward of the mills that is fensd in and if what I have
already set apart for her be not Sufficient for her Comfortable Subsisance
My will is my son Isaac shall help her to what she shall have Occation for.

Item I give and Bequeath to my son David Brown to him his heirs assigns
forever Ten acres of Land on the Southerly side of the way whence his
house stands and that Peise of salt Meadow I Bought of John atwood
and the Nothermost Cedar swamp and the Land adjoining to it assvide
as said Cedar swamp and on half of my fulling mill and one Cow
I have given her one bed already.

Item I Give and bequeath to my son Isaac Brown to him his heirs & assigns
forever my Dwelling house & barn and the Land from where about Jedidiah
Lamberds late Dwelling house to the shore side and the Land & Meadow
from said Dwelling house upto the Grist Mill and one half of the Grist
Mill and three Quarters of the Meadow for Quantity & Quality I Bought of
David Doane and the Middle Cedar Swamp & the Land against it on the
Notherly side of the way and one featherbed and a Cow.

Item I Give and bequeath to my son John Brown to him his heirs & assigns forever
the one half of My fulling Mill and three acres of Land at the Notherly
End of my meadow below the way and one Quarter for Quantity & Quality
of the Meadow I Bought of David Doane and that Lot of Land Laid out to
Me in the Last Division of Lands in the town of Eastham in the North
Preceint and the Easternmost Cedar swamp and the Land against it to the
highway and one feather bed & a Cow.

Item I give and Bequeath to my Daughters Viz Abigals ^Children^ Mehittable Ruth Marcy
and Mary to them their heirs and assigns forever the Land above the

[page 240 (image 138, right hand page)]

above the mills ^Improvement of^ which I have Given to my wife & one Peice of meadow in Part-
nership with Zoath Smith at Edmunds Island my Land and Meadows at Leist
Island my Land and Meadow at Trifes Necke and one Peice of Land Laying at the Westward
of ^Capt^ Jonathan Youngs and one Peice of Land that was added to my Common Rights in the
Last Division that Lays above the Road above the Cedar Swamps all this to be in
Equal Partnership Moreover I Give to my Daughter Mary one feather bed & furniture
Sutable thereto I haveing Given to Each of my Daughters aforementioned one bed appease

Item my will is that the Remaining parts of my household Goods together with what my wife
Shall have at her Decease shall be Equally Divided amonghts my five Daughters already

Item My will is that if any other Lands or Meadows that are not already Mentioned Should
appear to be mine that such Lands or Meadows shall be Equally Divided amonghts
all my above Named Children.

Item My will is that after my Just Debts and funeral Charges are Paid out of my stock
the rest of my said Stock to be Divided Equally amonghts all my above Named Children.

Item I do hereby Constitute make and ordain my son David Brown and my son Thomas Dill
to be my Executors of this my Last will and Testament.

Item I Do hereby Utterly Disallow revoke Disannul all and Every other former Testaments
wills Leaguaces bequests and Executors by me in any before named willed & Bequested
Rattifying and Confirming this and no other to be my Last will & Testaments
In witnes whereof I have hereunto set my hand & seal the Day & year above written
Signed Sealed Published Pronounced
and Declared by the said Samuel
Brown as his Last will & Testament                                   his
In Presence of us the Subscribers                         Sam^ul X Brown {Seal}
Jonathan Young                                                                mark
Benjamin Cooke
Jonathan Young Jun^r

Barnsyable SS

Silvanus Bourn Esq^r Judge of Probates &c the foregoing
will Being Presented for Probate by the Execut^rs therein Named
Jonathan Young & Benjamin Cook two of the Subscribing Witnesses
to said will Made oath they saw samuell brown Subscriber to this
Instrument Sign & Seal and heard him Publish & Declare the same to be his Last will
and Testament and that when he do did he was of sound and Disposing mind & Memory
according to these Deponents best Disserning and that they Together with Jonathan Young
Jun^r Set to their hands as witnesses thereof in Presence of the Testator.
April 4th 1748                                                           Silvanus Bourn

Province of the Massachusetts Bay by the Honourable
Silvanus Bourn Esq^r Judge of the Probate of wills and for the Granting Letters of admin^n
on the Estates of Persons Deceased having Goods Chattels Rights or Credits in the County
of Barnstable within the Province aforesaid

[page 241 (image 139, left-hand page)]

To all unto whom these Presents shall come greeting Know ye that upon
the Day of the Date hereof before me at Barnstable in the County afors^d the will
of samuell Brown Late of Eastham in the County afors^d Gentleman Deceased to
these Presents anexed was Proved approved and allowed who having while he Lived
and at the time of his Death Goods Chattels Rights or Credits in the County afors^d
and the Probate of the said will and Power of Committing administration of
all and Singular the Goods Chattels rights and Credits of the said Deceased by
Virtue thereof appertaining unto me the administration of all and Singular
the Goods Chattels Rights & Credits of the said Deceased and his will in any
Manner Concerning is hereby Committed unto David Brown & Thomas
Dill both of Eastham afors^d Executors in the same will Named well &
faithfully to Execute the said will and to administer the Estate of the said
Deceased according Thereunto and to make a true & Perfect Inventory of
all the Singular the Good Chattels Rights & Credits of the said Deceased
and to Exhibit the same into the Registry of the Court of Probate for the
County afors^d at or before the fourth Day of July Next Ensuing & also
to render a Plain & True account of their said administration upon oath.
In Testimony whereof I have hereunto set my hand and the seal of the
said court of Probate Dated at Barnstable the fourth Day of april annoque
Domini 1749.                                            Silvanus Bourn
                          Exam^d: Da^d Gorham Reg^r

Barnstable SS
My the Hon^ble Silv^s Bourn Esq^r Judge of Probate &c for
the County aforsd To Capt Zohath Smith Mr Solomon
Sweat & Mr. John Young all of Eastham In the County afr^d
Sufficient Freeholders Greeting You are hereby Desired & impowered first
Being sworn to make ^a just^ & Equal apprisal of the Estate of Capt. Sam^;;
Brown late of Eastham Deceased according to your best skill & Judgment &
Return an Inventory thereof into the Registry of the Court of Probate foregoing
the County afors^d with Conveinent Spead Given under my hand & Seal of
Said court of Probate dated at Barnstable the fourth Day of april
Anno Domini 1749.
                                                                 Silvanus Bourn

Barnstable SS
On the third Day of March 1749 the within Named
Zoath smith Solomon Sweat & John made oath to the
faithfull Discharge of the trust Committed to them
by the within warrant.
                                                          Samuell Smith Justice Peace
                      Ex^d DG Re^r

A true Inventory of all and Sngular the Goods Chattels Credits
houses and Lands of Cap^t Sam^ll Brown Late of Eastham Deceased
Prised at Eastham the third Day of May 1749 as followeth.

Imprimus His whole Real Estate …......................................£1872..00..00
Item his Personal Estate …...................................................... 442..12..00
Item his Purse & Debts Due ….................................................. 48..00..00
                                                                                     Sum Total 2369..12..00

[page 242 (image 139, right-hand page)]

Sence the first apprisement of Personal Estate £32..00..00
The Whole in old Tenor. Zoheth Smith
                                            Solomon Sweat
                                             John Young

Barnstable SS
Silvanus Bourn Esq^r Judge of Probate &c David Brown
Executor Presented the foregoing and Made oath that it
Contained a true and Perfect Inventory of the Estate of
Samuell Brown Late of Eastham Gen^t Deceased so far as hath Come to his
hands and knowledge and if more hereafter appear he will Cause it to be added
The Subscribing apprisers were sworn according to Law.
May 23^d 1749.                                           Silvanus Bourn
                  Exam^d Da^d Gorham Reg^r

The source citation for this record is:

"Massachusetts, Wills and Probate Records, 1635-1991," indexed database with digital images, ( : accessed 6 December 2016), Barnstable County > Probate Records, Vol. 8, 1745-1753, pages 238-242 (images 137-139 of 309, Samuel Brown, will proved 4 April 1749.

In his will, written 24 March 1748 and proved 4 April 1749, Samuel Brown names his wife Ruth and eight children - sons David, Isaac and John, and daughters Abigail (deceased?), Mehitable, Ruth, Marcy and Mary.  The executors were son David Brown and "son" Thomas Dill, who married Mehitable Brown (1714-1758) in 1734.

The estate is significant - it totaled £2389 in old Tenor!  Wife Ruth (Young) Brown received a significant portion of the estate but there is no probate record for her in the Barnstable records.

Samuel and Ruth (Young) Brown are my 6th great-grandparents, through their daughter Mehitable (Brown) Dill.

Even though this is a very common given name and surname, the children mentioned match well with the children in the Eastham records, and the fact that "son" Thomas Dill is an executor clinches the conclusion for me that this is the correct Samuel Brown the father of Mehitable (Brown) Dill.

There may be other probate records for Samuel Brown in the Barnstable Probate Court records, but I need to consult the probate index to determine if they are available.


NOTE:  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."

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