Monday, May 27, 2013

Amanuensis Monday - Probate Records of Arthur Hathaway (1630-1711) of Dartmouth, Mass.

Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started a 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 Arthur Hathaway (1630-1711) of Dartmouth, Bristiol county, Massachusetts.  Arthur married Sarah Cooke (1635-1713) in 1652, and they had 7 children:


*  John Hathaway (1653-1732), married 1696 Patience Hunnewell (1670-????)
*  Sarah Hathaway (1656-????)
*  Hannah Hathaway (1662-1749) married 1683 George Cadman (1660-1718)
*  Lydia Hathaway (1663-1714), married 1680 James Sisson (????-1734)
*  Mary Hathaway (1665-????) married 1681 Samuel Hammond (1656-1728)
*  Thomas Hathaway (1669-1748) married 1696 Hapsibah Starbuck (1680-1740)
*  Jonathan Hathaway (1671-1727) married 1701 Susannah Pope (1681-1760)

Arthur Hathaway died 11 December 1711 in Dartmouth, testate, having written a will dated 9 February 1709/10.  The will reads (transcribed by Randy Seaver from the probate court clerk records for Bristol County (Massachusetts) Probate Records, Volume 3, Page 68, accessed on FHL Microfilm 0,461,882):

"in the Name of God Amen the ninth day of February in the year of our Lord 1709/10 I Arthur Hathaway of Dartmouth in the County of Bristol being very weak of body but of perfect mind and memory thanks be given to God for it.  Do make & ordain this my last Will and Testament in maner and form following that is to say First and Cheifly I give my soule into the hands of Allmighty God who game it me And my body I Commend to the Earth to be decently buried at the Discretionof my Executor and as Touching worldly Estate wherewith it hath pleased God to bless me I give devise bequeath and dispose the same in manner & form following.

"Item I give to my son John Hathaway one half share of land both upland and meadow in the Town of Dartmouth both Divided and undivided, Except twenty acres of upland & four acres of meadow Two acres of sd meadow before Excepted lyeth in the East side of gruntyrut (??) neck and is all the meadow that is between Samuel Spooners meadow and the meadows that was formerly Samuel Jeneys and that thirty acre lot of upland & two acres of meadow at the foot of it be it more or less being a part of the aforesaid half share Lyeing at a place commonly called and known by the Name of the Cart way between Wissquamquyset and Gruntyrut Neck I give to my aforesaid son John Hathaway & to his male heirs begotten of his body.  All the Rest of the sd half share both uplands & meadow Excepting the Twenty acres of upland & four acres of meadow before Excepted with all the priviledges & profits thereunto belonging both divided and undivided I give and bequeath to my sd son John Hathaway his heires & Assignes for ever.

"Item I give to my son Thomas Hathaway five shillings of my Estate together with I have allready before given him.

"Item I give to my son Jonathan Hathaway five shillings of my Estate with what I have allready before given him.

"Item I give to my three daughters viz. Mary Hammond Lidia Sisson & Hannah Cadman each of them five shillings of my Estate together what I have allready before given them.

"All the Rest of my goods and chattels my debts and funerall Charges first being payd and Discharged I give & bequeath to my loveing wife Sarah Hathaway to use Improve & dispose of as she shall see meet and Convenient and my Will is that if my sd wife shall dye without makeing her will that then what shall be remaining of my Estate shall be Equally divided amongst my aforesd three daughters.

"And of this my last will & testament I do make my Loveing son John Hathaway my full & whole Executor and I do utterly disannull & revoke all & every other testaments & wills by me in any wise before this time namely Confirming this & no other to be my last will and Testament in witness whereof I have hereunto put my hand & seal the day and year above written in the presence of
John Carmon Jnr .................................................... the mark of
Isaac Howland ....................................................  Arthur Hathaway  (seal)
Jonathan Delano"

The will was proved by the Nathaniel Paine, Probate Court Judge in Bristol, on 6 February 1711/12 when John Carmon Jnr. made oath.

An inventory was taken by Thomas Taber and Jonathan Delano on 17 December 1711 (Brostol County (Massachusetts) Probate Records, Volume 3, Page 67, accessed on FHL Microfilm 0,461,882):

"A true Inventory of the Estate of Arthur Hathaway of Dartmouth who Deceased December the Eleventh 1711:

one half share of upland & meadow in the Township  of Dartmouth
Except twenty acres of upland and two acres of meadow ..........................200=00=00
Item to five neat Cattle ...................................................................... ..........014=00=00
Item to Wearing Cloathes ...................................................................... .....006=00=00
Item to five feather Beds and beding to them ................................................040=00=00
Item to Table Linnen woollen yarn & flax ......................................................005=10=00
Item to 13 Sheep and 3 shoats ...................................................................003 =15=00
Item to 3 iron pots 2 iron kettles one brass Kettle 2 brass skillets ..................003=10=00
to pewter and Earthen ware ...................................................................... ..004=01=00
to a gridiron trammels handirons & grill ........................................................002=01=00
to two Chests one box Chaires & tables payls & wooden lumber ................... 002=00=00
to four bedsteads ...................................................................... ................ 003=00=00
to trayes and wooden dishes ..................................................................... 000=10=00
to four spining wheels ...................................................................... ..........001=00=00
to a warming Pann ...................................................................... .............. 000=12=00
to a barrill of Pork and part of a barril of beefe .............................................. 004=00=00
to a barill of Cider ...................................................................... ................ 000=08=00
to a bible and other books ...................................................................... .... 000=10=00
to 30 pounds tobacco ...................................................................... .......... 000=15=00
A debt due from Winslow ...................................................................... ..... 001=10=00
-------------------
taken Decemb-r 17: 1711                        291=02=00
by us Thomas Tabor
Jonathan Delano"

The inventory was presented to the Court on 6 February 1711/12 by John Hathaway, and was accepted by the Court, recorded on 29 February 1711/12.


On 2 March 1712/13, "John Hathaway of Dartmouth," executor, presented an account which was approved. Payments had been made to "Justice Seth Pope," John Spooner, Sr., Jonathan Hathaway, Thomas Hathaway, Mary Hammond. Lydia Sisson, John Taber, and Hannah Cadman, as per receipts abstracted. "A Further accompt of money payd to the doctr and Charge of Administration as followeth .... Imprs To James Tallman 2=04=00" "Charge of Administration hitherto 1=12=06" (Bristol County (Massachusetts) Probate Records, Volume 3, Page 119, accessed on FHL Microfilm 0,461,882).

Apparently, the daughter Sarah Hathaway died in childhood or adulthood without marrying or issue.  Arthur Hathaway named his six living children, including the married names of his three daughters.  My ancestry is through his daughter, Hannah (Hathaway) Cadman.  

I still love probate records!!  You can see my "collection" of previously transcribed probate records on my page of "Amanuensis Monday Posts."  I have only about 20 more probate records left for this series - I need to find more of them for my ancestral families.

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Copyright (c) 2013, Randall J. Seaver

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