Monday, May 15, 2017

Amanuensis Monday -- Probate Records of Samuel Fletcher (1652-1723) of Chelmsford, Mass. -- Part I

This week's document for Amanuensis Monday is from the Middlesex County, Massachusetts probate documents for Samuel Fletcher (1652-1723) of Chelmsford, Massachusetts.  

a)  Middlesex County [Mass.] Probate Packet #7,920:


*  Will (papers 2 and 3 of the packet):




The transcription of the will papers is:

[paper 2]

In the Name of God amen the Eighteenth Day of march
1713 I Samuel Fletcher Se^r of the town of Chelmsford in the County of
Middlesex in her majesties Province of the Massachusett Bay in New England
yeoman being attended with Infirmities of body but of Perfect mind and
memory thanks be given unto God therefore calling unto minde the mortall-
ity of my body & Knowing that it is Appointed for all men once to Dye Do
make and ordaine this my Last Will and Testament that is to say Princably
and first of all I Give & Recomend my Soull in to the hands ^of God^ that gave it and
my body I Recomend to the Earth to be buried in Decent Christian buriall
at the Disscression of my Executor nothing doubting but at the Generall
Resurrection I Shall Receive the same againe by the mighty Power of God.
And as touching Such Worldly Estate where with it hath Pleased God to bless
me in this Life I give Demise and dispose of the same in the following
manner and form.

Imprim^s  I give and bequeath to Elisabeth my well beloved Wife a feather bed
& furniture to it all so Conveniant houseoll Stuff to keep house with all
to be at her whole dissposing; allso I give my sd Wife Conveniant house
Room, & Sufficiancy of firewood allso a cow to be kept for her During
the time she Remains my Widow allso three pounds in mony a year to be
Paid to her yearly During the time she Remains my Widow.

Item I give to my son Samuell fletcher Several percells of land & medow
& Eighteen acres more or less lying at Stony Brook Bounded by a stake
ajoyning to the land of Thomas Read & southeastwardly by Land of
William Fletcher & northest by William Fletcher & Westerly by Thomas Read
& by a highway to the Bridge allso nine acres of meddow Land more
or less bounded Southwest by a stake against Tadnick Brook & East
by a stake & by land of William fletcher & north by a White oak tree
& west by a stake.  Allso five acres of Land more or less lying on the north
side of Stony Brook bounded South by a spang of Meddow & West by a
Meddow called Rocky meddow & half the above sd Rocky meddow as it
is bounded allso six acres of meddow at Longsoughtfor Bounded southerly
by a white oak tree & Westerly by a pine knot & by meddow of William
fletcher allso four acres of Land more or less lying upon the north side of
Stony Brook bounded North by a Rock & by land that was formerly Left
William Fletchers & West by a white oak tree & by land of William Fletcher
& South by Land of William Fletcher & Eastwardly by a pine tree & by land
that was formerly Left William Fletchers.  Allso twenty acres of Land more
or less lying on the South side of Stony Brook bounded North by a Red
oak tree & South by a Stonwall & a black oak tree & runing Eastwardly
to an oak tree marked & southeast by a Rock and heap of stone And
Westerly by a white oak tree and by Thomas Read the ondly obligation
to the above promises is that my said son Samuell Shall pay to my widow

[paper 3]

One third part of What I have already given her in my Will before
mentioned for her maintenance during the time before mentioned allso my
sd son Samuell shall pay to his sister Mary Wheeler or to her heirs four
Pounds in money & to his sister Sarah fletcher or her heirs four
pounds in mony & to his sister Susana fletcher or her heirs four pounds
in money these above mentioned sums to be paid with in one year after my decease

Item I give to my Son Isaac Fletcher all my homested ads Lands & medows of all
sorts & all my buildings allso all my Stock tools & Tackling allso two acres & a half
of River meddow bounded Notherly by Edward Spaulding & Westerly by the up-
Land & Southerly by meddow of Josiah fletcher & Easterly by upon the River,
allso all the Remainder of my river medow lying in the River medow abovesd.
Allso thirteen acres of Wood Land lying in three percells Which I Drew of my town
Right the obligation to the promises is that my sd son Isaac shall pay to my
Widow one third part of What I have allredy given her in this my Will before
mentioned for her maintinance during the time she Remains my Widdow
allso my sd son Isaac shall pay to his six sisters ten shillings a piece or 
to their hiers with in one year after my decease.

Item I have Given to my daughter hannah Wright her full proportion out
of my Estate Except ten shillings which I here Will unto her.

Item I have given to my Daughter Elisabeth Butterfield her full proportion
out of my Estate Except ten shillings which I here Will to her.

Item I have given to my Daughter Lydia Adams her full proportion
out of my Estate Except ten shillings which I here Will unto her.

Item I give unto my son William fletcher Whome I likewise Constitute
make & ordaine my Sole Executor of this my Last Will & Testament all the
Remainder of my Lands & medows that I have not allridy disposed of in this
My Last Will & Testament the obligation to the promises that my son William
Shall pay to my Widow one third part of What I have allridy given her in
this my Will before mentioned for her maintinance During the time she
Remains my Widdow & I do hereby utterly Disalow Revoake & disannull
all & every other former testaments Wills Leagacies & Bequests & Excecutors by
me in any before named Willed & bequeathed Ratifying & Confirming this & no
other to be my Last Will & Testament in Wittness where of I have here unto
Sett my hand & seale the Day & year above written.
Signed Sealed Published Pronounced & Declared
by the sd Samuell fletcher as his last will and                                Samuell fletcher  {seal}
testament in the presence of us the subscribers
Jonathan Barrit
Joshua Fletcher
            his
Josheph s Fletcher
          mark

b)  Proving Statement



[paper 4]

                              Court:   June 7^th 1726

Personally appeared Will^m Fletcher Sole Executor and Jon^a Wheeler Barrit
and Jona who married Mary a daughter and Jon^a Barrit and Joshua
Fletcher two of the witnesses.  The Proof of this will put over to the
20^th Currant and a Citation given for that Purpose  ??  FF Jan? Reg^r
Accordingly this day Pursuant to said Citation came ??????? the three witnesses
viz:
and sd Jon^a Barrit made oath that he heard the withinnamed Testatr declare
the within written to be his last will – that he sat to his name as a witness in
the Testators presence and he thot him of disposing Mind to the best of is
judgm^t.  But the other two ?????? upon y^r Oaths to declard ????????
?????? to approve of this  ???? that they thought the Testat^r not to be
of sound & disposing mind – wherefore I refuse the Probate of this will.

Witness my hand at Camb. June 20 1726

                                                              Jon^at Remington  J^d Prob.

The source citation for this probate packet is:

"Middlesex County, MA: Probate Papers, 1648-1871," digital image, Ameircan Ancestors (http://www.AmericanAncestors.org : accessed 3 May 2017), Probate Packet #7,920, Samuel Fletcher of Chelmsford, 1723.

The will of Samuel Fletcher (1652-1723) was written on 18 March 1713, and he died before December 1723 when his widow complained that she was alone and unable to manage the estate.

In the will, Samuel Fletcher named his current (third) wife, Elizabeth, and three sons Samuel, Isaac and William Fletcher; and six daughters Mary Wheeler, Sarah Fletcher, Susana Fletcher, Hannah Wright, Elisabeth Butterfield, and Lydia Adams.  

The will was not probated because two of the three witnesses would not make an oath that Samuel Fletcher was of a sound disposing mind when they saw him sign the will.  This was on 20 June 1726, 13 years after Samuel Fletcher wrote the will and two years after he died.  

There are more papers in the probate packet, and I will transcribe them in Part 2 of this series.

Samuel Fletcher (1652-1723) and his first wife, Hannah Wheeler (1649-1697), are my 7th great-grandparents, through their son Samuel Fletcher (1684-1749) who married Hannah --?-- in about 1712, and had nine children.

==============================================

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."

The URL for this post is:  http://www.geneamusings.com/2017/05/amanuensis-monday-probate-records-of_15.html

Copyright (c) 2017, Randall J. Seaver


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