Monday, December 29, 2014

Amanuensis Monday - Post 249: Warrant of Appraisal of Simon Gates (1739-1803) Real Estate

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 subject today is the 1803 Warrant for Appraisal of the estate of Simon Gates (1739-1803) of Gardner, Worcester County, Massachusetts in Worcester County Probate File 23252:


The transcription of this document is (handwritten parts in italics):

WORCESTER ss.

To Aaron Wood Esq. Of Gardner Mathias Moseman
& Stephen Hoar Gentlemen all of
Westminster
all in the County of Worcester and Commonwealth of Massachusetts,
Greeting.
You are hereby appointed and au-
thorized, on oath, to appraise all the real estate
whereof Simon Gates
late of Gardner in said
County Yeoman deceased intestate,
died seized and possessed, in said Commonwealth, in his own right in fee simple; each
piece and parcel by itself, with their buts and bounds, and number of acres, at the pres-
ent true value thereof all in words at length; (and if the said estate lays in commonwealth with the estate of any other person, you are to sever and divide the same.) Then you
are to set off to Susanna Gates the said deceased's Widow, one full third
part thereof, ^sd Deceaseds real Estate^ for her thirds or dower, during her natural life; and what you set off you
are to describe by plain and lasting meets and bounds.

The remainder you are to distribute to and among the children of said deceased, or
their legal representatives, or so many of them as the same will conveniently accommo-
date, without prejudice to, or spoiling the whole, preference being had to the sons, and
in all deal impartially as you are sworn.

If any of the children of said deceased have received any thing of him, in advance
towards their portion, you are to signify the same to me, and how much each one has
had.

When you go about your work, let all parties concerned have notice; and if they
are satisfied with your proceedings let them signify the same by countersigning.

Finally seal up this Commission with your doings, and return the same with all con-
venient speed into the Register Office of Probate by some or one of yourselves.

Given under my hand and Seal of Office. This Seventh day of September
Anno Domini 180 3.
                                                                                      Nath^l Paine Jprob

wareafter to Westminster october ye 6th 1803
personally appeared Aaron Wood and made
Solem oath to the performance of the Duty Enjoyned
on him by the above comission before me
Abner Holden Justice peace
Worcester ss october 11 1803
Personally appeared Mathias Mossman & Stephen Hoar
above named an made oath to the faithful performance
of the duties injoined upon them by the above commission
Before me Aaron Woods Justice Peace.

The source citation for this document is:

Massachusetts, Worcester County, Probate Files, 1731-1925, Case 23252, Simon Gates Estate, 1803, Warrant of Appraisal; digital images, FamilySearch.org,(https://familysearch.org: accessed 12 August 2014); in "Case no 23243-23330, Gates, Sarah-Gay, William, 1731-1881" (image 100 of 1069); original records in Worcester County, Mass. Courthouse.

This is the third of several transcriptions from the Estate packet for Simon Gates (1739-1803), my 5th great-grandfather.  He died 11 March 1803 in Gardner, Worcester County, Massachusetts.  

In this document, three men are directed by the Court to appraise the real estate of Simon Gates, set off one-third of it to the widow, and then divide it equally amongst the children, while considering any advances made to the children during his lifetime.  It sounds like a straight-forward task, but wait until you see the actual appraisal and distribution document.

As far as I know, Aaron Woods, Mathias Moseman and Stephen Hoar were not related to Simon Gates or his spouse.  

These records were digitized by FamilySearch from the original probate estate packet in the Worcester County Probate Court in Worcester, Massachusetts.  The papers are also transcribed in the Worcester County Probate Records, 1732-1881, found on Family History Library US/CAN Microfilm.  

The URL for this post is:  

Copyright (c) 2014, Randall J. Seaver

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