Last week, the first two documents were shown and transcribed - see Amanuensis Monday -- 1761 Probate Records of Thomas Dill (1708-1761) Estate in Barnstable County, Massachusetts.
This week, three more documents are presented and transcribed:
1) Setting Off Widow's Dower:
The transcription of the document setting off the widow's dower is (Volume 12, pages 278-279):
[3/4 down left-hand page 278]
We the Subscribers Being Appointed by the Honourable
Silvanus Bourn Esq^r Judge of Probate of Wills for the County of
Barnstable by Seting of to Mary Dill Widow Relict of Thomas Dill
of Eastham late Deceased one Third part of the Real Estate of the said
deceased by Meets and bounds as followeth viz. Bounded beginning
at the End of the fence by the Creek in the meadow that Stands
about fourteen Rods to the westward of the dwelling house thence
Southerly as the fence Now Stands till it Comes to the Range of Eben^r
Atwoods Land thence Easterly in s^d Atwoods Range till it Comes to the
Indians Land thence Northerly to the Creek thence Westerly as the Creek Runs
till it Comes to the first Bound and One Quarter of that meadow that ly-
eth to the westward of the Widows Thirds the south side of the Creek
known by the Name of Bangs's meadows and one third part of a Garden
that Lyeth the Northerly side of the Brook with a Priveledge to pass
to and from the Garden and the Easterly Room in the Barn from
Top to the Bottom and the Easterly half of the Dwelling house from the
Top to the Bottom with Priveledge to bake in the oven and a Priveledge
in the Cellar and the widow to allow two Rods around the westerly end
of the house and a Priveledge for those that live in s^d house to the
Brook and watering place and to the well and barn.
Dated at Eastham May the 18^th 1762 Jonathan Doane
Exam^d Da^d Gorham Reg^r Silvanus Snow
The source citation for this document is:
"Massachusetts (Barnstable County), Probate records, 1686-1894," handwritten, Family History Library, Salt Lake City, Utah (51 rolls of FHL US/CAN Microfilm), citing original Barnstable County Registers, Thomas Dill probate records: Setting off widow's dower (Volume 12, pages 278-279, on FHL US/CAN microfilm 904,604).
2) The Appraisal of 2/3 of the Real Estate (Volume 13, page 167):
The transcription of this document is:
October the 8th 1765 an Inventory of the two thirds of the Real estate of
Thomas Dill late of Eastham (now Wellfleet) dec^d by us the Subscribers is as follows.
|That is to say the Land and meadow on the Southerly side of brook||
|The land and meadow on the North side of brook||
|One half the house||
|Two thirds of the barn||
The above is an Exact & True Apprasment and Discription of two thirds of the Real Estate
of Thom^s Dill late of Wellfleet dec^d taken and made by us the Subscribers Date above & being Sworn
pursuant to a Warrant from the hon^le James Otis Esq^r Judge of Prob&c to us directed in order for the
Settlement of same. Ebenezer Atwood
Exam^d Da^d Gorham Reg^r Joseph Ward
The source citation for the appraisal of the remainder of the estate is:
"Massachusetts (Barnstable County), Probate records, 1686-1894," handwritten, Family History Library, Salt Lake City, Utah (51 rolls of FHL US/CAN Microfilm), citing original Barnstable County Registers, Thomas Dill probate records: Appraisal of remainder of estate (Volume 13, page 167, on FHL US/CAN microfilm 904,605).
3) The Settlement of the Estate (Volume 13, page 168-169):
The transcription of this document is:
Barnstable SS To all people unto whom these presents
Shall come James Otis Esqu^r Judge of the Probate of Wills &c
in the county of Barnstable within the Province of the Mas-
sachusetts Bay in New England sendeth Greeting.
Know ye That pursuant to the Acts or Laws of the said
Province relaiting to the settlement or distribution of the Estate
of Intestates and the direction Power and Authority to me
therein given do hereby order and assign unto James
Dill of Wellfleet in the County of Barnstable Eldest Surviving
son to Thomas Dill late of Wellfleet yeoman deceas^d all those
Pieces and parcels of Land with the buildings and Appurtenances
thereon and thereunto belonging scituate and lying in Wellfleet
aforesaid being two thirds of the housing and lands of the said
Thomas Dill deceas and the same in particularly sett forth and
Discribed in the return of Commissioners by me appointed
and sworn for the apprisall thereof and by them valued att
Twenty eight puonds nine shillings and four pence (as by the
Return of the said Commissioners into the Registry of Probate
for the said County of Barnstable may appear). To Have
and to Hold the hereby ordered and assigned Land and
Premises with the Members and Appurtinances thereof unto
him the before-named James Dill and to his heirs & assigns forever
Provid he the said James Dill his heirs Executors or adm-
inistrators shall and do well and truly pay or cause to be paid
unto the rest of the beforenamed deceaseds Children their legal
their legal Representatives or Guardians the several Sums of
money hereafter in this my Decree to them respectively ordered
to be paid togeather 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 twenty Ninth day of October
Anno Domini 1765 and both Principal and Interest to
be paid if (Demanded) on or before the twenty ninth day
of April which will be in the year of our Lord One thousand
Seven hundred & Sixty Six. Accordingly, I Order the
beforenamed assignee, James Dill his heirs &c In the first
place to pay and clear all charges relaiting to this Settle-
ment Amounting in the whole to One pound Eight Shilling
and six pence then to pay to Benjamin Dill a Minor Only Son
and heir to Samuel Dill deceasd the Eldest Son of the said Thomas
Dill deceased the Sum of Nine pounds and three pence, and
to Moses Dill Son to the said Thomas Dill deceased Four pounds
Ten shillings & one peny halfpenny, and to Betty Dill daughter to
To Said Thomas Dill deced Four pounds Ten shillings & One penny halfpenny,
To Thomas Dill a minor son to said deceased Four pounds Ten
shillings and one penny half-penny
in like Money Manner and with the Interest beforementinoed all
which aforesaid sums with the share of the ^sd^ assignee amount to
the appris^d value of the Lands meadow and buildings in this
Settlement Included; Provided in case all or any part of the
hereby assigned Land and Premises shall be legally Evicted from
The aforenamed assignee James Dill his heirs Executors administr^s
or assigns that then the ^rest of the^ aforesaid deceaseds Children their heirs &c
(sharers in this Division) shall refund their ratable parts with Law Ch-
arges. In Testimony whereof I have hereunto Set my hand & the seal of
the Probate office for the County aforesaid the twenty ninth day of October
Anno Domini one thousand seven hundred & sixty five and in the
sixth year of his Majesties Reign.
The said James Dill the Assignee having given Bonds James Otis
with Sufficient Suerties for the payment of the aboves^d
Shaires agreeable to the foregoing Settlement.
Exam^d SS Da^d Gorham Reg^r
The source citation for this document is:
"Massachusetts (Barnstable County), Probate records, 1686-1894," handwritten, Family History Library, Salt Lake City, Utah (51 rolls of FHL US/CAN Microfilm), citing original Barnstable County Registers, Thomas Dill probate records: Settlement of estate (Volume 13, page 168-169, on FHL US/CAN microfilm 904,605).
Thomas Dill married Mehitable Brown in 1733 in Eastham, and they had eight children between 1734 and about 1755, but several died before Thomas Dill died. Mehitable died before 1758, when Thomas married, secondly, Mary (Higgins) Baker, and Thomas and Mary had no children together.
In the Dower document, the widow Mary (Higgins) (Baker) Dill received one third of the real estate. I don't know what happened to this real property, or when Mary died. She may have died soon after this probate file closed, and the property reverted to the eldest son, James Dill, who might have been asked to provide more money to his siblings.
The Settlement identifies all of the children of Thomas and Mehitable (Brown) Dill:
* James Dill - the eldest surviving son
* Samuel Dill - deceased by 1765, with a son Benjamin Dill.
* Moses Dill
* Betty Dill
* Thomas Dill
This may be the birth order of the children.
The Settlement awarded all of the Real Estate to James Dill, on the condition that he pay his siblings their portion of the appraised value in money. James's other four siblings received money in lieu of real estate. Benjamin Dill, the son of Samuel, the eldest son of Thomas and Mehitable, received a double portion (£9..00..03), while Moses, Betty and Thomas received a single portion (£4..10..1-1/2).
The description of the land in the Widow's Dower setoff may provide clues for the location of the land. The family resided in Eastham before Wellfleet was set off from Eastham in the early 1760s, so it may be close to the Eastham-Wellfleet town line.
Thomas and Mehitable (Brown) Dill are my fifth great-grandparents, through their son Thomas Dill (1755-1839).
NOTE: These records are now online on FamilySearch and on Ancestry.com in the Barnstable County, Massachusetts Probate Court record volumes.
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."
My list of previous Amanuensis Monday posts is at http://www.geneamusings.com/p/amanuensis-monday-posts.html.
The URL for this post is: http://www.geneamusings.com/2017/03/amanuensis-monday-probate-records-of.html
Copyright (c) 2017, Randall J. Seaver
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