Monday, November 29, 2010

Amanuensis Monday - Will of Samuel Peirce (1712-1772) of Waltham MA

Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started his own Monday blog theme many months ago called Amanuensis Monday. What does "amanuensis" mean? John offers this definition:

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

The subject today is the probate file of Samuel Peirce (1712-1772) of Waltham, Middlesex County, Massachusetts, one of my 6th great-grandfathers. Samuel Peirce, son of John and Elizabeth (Smith) Peirce of Waltham, married Abigail Stearns (1716-1798) in 1739 in Watertown, and they had nine children: Abigail (1740-1747); Samuel (1741-1806); Elizabeth (1743-1808); Daniel (1746-1747); Nathaniel (1748-1749); Abigail (1750-1776); Judith (1753-1805); Ezra (1755-1795); Beulah (1764-????).
Samuel Peirce died testate, and his probate records are in Middlesex County [Massachusetts] Probate Records, Packet #17,559 (accessed on FHL Microfilm 0,421,491). The will reads (transcribed by Randy Seaver, paragraph breaks added for readability):

"In the Name of God Amen. I Samuel Peirce of Waltham in the County of Middlesex and Province of the Massachusetts Bay in New England yeoman being weak and sick as to my bodily Health but of sound mind and memory (blessed be God therefor) do this twenty sixth Day of March in the twelfth year of the Reign of the Lord & King George the third & in the year of our Lord one thousan seven Hundred & Seventy two make and publish this my last Will and Testament in Manner and Form following Viz.

"Imprimis I commend my Soul to God who gave it me and my Body to the Earth from whence it came in hopes of a joyful Resurrection thro' Jesus Christ, and as for that worldly estate wherewith God has blessed me I dispose thereof as follows.

"First I will and bequeath to my loving wife Abigail all my Personal Estate forever likewise the Improvement of my lands and tenements where I now dwell during her continuing my widow.

"Item At the decease of my wife Abigail aforesaid or at a Marriage I will and bequeath to my beloved son Samuel my Lands tenements aforesaid he paying my just Debts and funeral Charges and Legacies hereafter named viz.

To my beloved Daughter Elizabeth Flagg Wife of Timothy Flagg the Sum of Six Pounds thirteen shillings and four Pence. I likewise will and bequeath to my Daughter Elizabeth Flagg afores-d the House and Land adjoining thereto where she now lives, the Mony to be paid at my wife's decease.

"Item To my beloved Daughter Abigail Knowlton Wife of Jeremiah Knowlton the Sum of six pounds thirteen shillings & four Pence to be paid at my wifes decease.

"Item To my beloved Daughter Judith Thirteen Pounds Six Shillings & eight Pence and a good Cow to be paid and delivered to her when she arrives at twenty five years of Age or at her Marriage if she marries under that age and the further Sum of Thirteen Pounds Six Shillings and eight Pence at my wifes decease.

"Item To my beloved Son Ezra Forty Pounds to be paid when he arrives at the age of twenty two years.

"Item To my beloved Daughter Beulah thirteen Pounds Six Shillings & eight Pence and a good Cow to be paid and delivered when she arrives at the age of twenty five years or at her Marriage if she marries under that age and the further Sum of Thirteen pounds Six Shillings and eight Pence to be paid at my Wifes Decease.

"And I do hereby revoke all former Wills whatever or wherever heretofore made and publish-d by me and I make constitute and ordain my son Samuel Peirce Executor of this my last Will and Testament. In Witness whereof I the said Samuel Peirce have hereunto set my Hand Seal this twenty sixth Day of March in the twelfth year of his Majesties Reign Anno Domini one thousand seven Hundred & Seventy two.

"Signed Sealed published and declared ................................ Sam-ll
by the sd Testators as and for his last .................................. his P mark
will & testament in the presence ..........................................  Peirce
of us who at his Request and in his presence
and in presence of one another have sub-
scribed our Names as Witnesses hereto
Isaac Child
Samuel Nutting
Leonard Williams"

The will was submitted to the Court at Cambridge by the Executor, Samuel Peirce, on 5 May 1772, with Isaac Child and Leonard Williams making oath that they saw Samuel Peirce sign, seal and declare it to be his last will and testament. The Court proved, approved and allowed the will of Samuel Peirce of Waltham, yeoman. A bond of 400 pounds was posted by Samuel Peirce, husbandman, Leonard Williams, Esquire and Isaac Child, husbandman, all of Waltham on 5 May 1772.

An inventory was not included in the probate packet, nor was any indication that the legacies were paid to the heirs.  A review of land records may reveal what happened to the lands bequeathed to the son, Samuel Peirce.

My interest in this will is the explicit naming of the husband of daughter Abigail as wife of Jeremiah Knowlton.  However, daughter Abigail (Peirce) Knowlton died in 1776, 22 years before her mother Abigail (Stearns) Peirce died in 1798, so I doubt that her heirs received anything from their grandfather's estate.

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