Amanuensis Monday - Post 323: Widow's Dower Division for Estate of Henry Smith (1680-1743) of Medfield, Mass.

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 1755 widow's dower warrant and real estate division for the estate of Henry Smith (1680-1743) of Medfield, Sussex County, Massachusetts (starts near middle of left-hand page):

The transcription of this record is (transcribed line by line):

[page 190]

Suffolk Ss: By the Hon^ble Thomas Hutchinson

Esq^r Judge of Probate &c. To Henry Adams Esq^r

& Mess^rs Edward Turner, Timothy Hamant, Ezekiel

Adams & Simon Plimpton, all of Medfield in the

County afors^d & Sufficient Freeholders – Greetings.

I do hereby desire & impower you to divide & Sett off

to Ruth Smith Widow of Henry Smith late of Med-

field afores^d – Husbandman dec^d. One Third part

of her s^d Husbands Real Estate, pursuant to the

Intention of his last Will according to your best Skill

& Judgment, to w^ch you are to be Sworn before one

of his Majesty's Justices of the Peace, & you are to make

Return hereof with your doings thereon unto myself

at the Registers Office, so Soon as may be Given

[page 191]

under my Hand & Seal of Office this Tenth day of

January Anno Dom: 1755.

N.B. Before you make any Division

you are to notify all Persons Interested     T. Hutchinson

to be present if they See cause.

Suffolk Ss. Jan. 28^th 1755. Henry Adams Esq^r was

Sworn as the Law directs before J Richards Just^e Pea^ce.

Suffolk Ss April 7^th 1755. Then the above named

Edward Turner, Timothy Hamant, Ezekiel Adams

& Simon Plimpton were duly Sworn to the faithfull

& just Performance of the Service they are appoin-

ted to by the above written Warrant, as the Law

directs.       ?? me Henry Adams Jus^c of Peace.

Pursuant to a Warrant from the Hon^ble Judge of

Probate for the County of Suffolk directed to us, We

have divided or Set off to the Widow Ruth Smith, as

her Thirds, or Right of Dower, in that part of the

Real Estate of her late Husband Henry Smith

late of Medfield dec^d that was his Homestead

in manner & Form following Viz^t.

One Parcell of Land on the West Side of the Lot adjoin-

ing to the South End, bounded Eastwardly by a Stone

[page 192]

Wall, in part, & from the North End of s^d Wall by

streight Line to a heap of Stones, & a Stake, & from

thence Strait to a heap of Stones in the Edge of a Sw-

amp: then turning westward by s^d Swamp as it is

marked, till it comes to the West Side line, with

Liberty to pass & repass from s^d Widow's dwelling house

to s^d Land, to drive Cattle, Cart & Team, where it is

convenient, as often as She shall have Occasion for

the Improvement of s^d Land. Also all the Orch-

ard that lyeth on the East Side of the highway

near the House. Also a parcell of Land, part

Woodland & part improved Land, bounded

westerly on the west Line of s^d Lot, the other Bounds

beginning at the Northwest Corner of the Barn and

running Northwesterly with the Fence as it now

stands, till it comes to the Corner of s^d Fence, & from

thence Northwesterly a Strait Line by a great white

Oak marked, till it comes to the westerly Line of s^d

Lot of Homestead, also from the s^d Northwest Cor-

Ner of the Barn, the Line running Westerly with

the Fence as it now stands, till it comes to the Corner

of s^d Fence, & from thence to a black Oak marked

on both sides, then Strait by another black Oak mar-

ked till it comes to the West line of s^d home Lot

also her part of the Barn to be at the West End

with the Improvement of the Barn Floor with

the Westerly part of the yard as it is now fenced

[part 193]

with Liberty at the West End of the Barn to lay & carry

off Dung. - Medfield May 7^th 1755.

Henry Adams, Timothy Hamant, Ezekiel Adams

Simon Plimpton.

Suffolk Ss. By the Hon^ble Thomas Hutchinson Esq^r

Judge of Probate &c. The above written being

presented to me by the Subscribers as the Widows

Thirds in the Real Estate of Henry Smith dec^d as by

them Sett off. I do allow & approve thereof accord-

ingly. Boston May 19^th 1755.

                                                     T. Hutchinson

                      Ex^d. ???? Cotton Reg^r.

The source citation for this record is:

Massachusetts, Wills and Probate Records, 1635-1991, indexed database with digital images,Ancestry.com (http://www.ancestry.com), Suffolk County, "Probate Records, Vol 50-51, 1755-1757," Volume 50, Pages 190-193 (images 106-107 of 825), Henry Smith widow's dower warrant and division, 1755.

There are two records here - the warrant that orders the division of the widow's dower, which appoints the subscribers, and the actual division of the real estate which is then approved by the Judge of the Probate Court.  There is no indication of the acreage, or length of the bounds, for the land set off for the widow.  The family members, and the subscribers, were familiar with the real estate involved, and were probably satisfied with the division of the land.  The subscribers were probably associates or neighbors that the family trusted.  

Now I'm wondering if there is a probate record for Ruth Smith - was this real estate owned by her, or just kept by her and then divided by her heirs when she died.  The will of Henry Smith says that they are hers to have during her natural life.

See Amanuensis Monday - Post 320: Will of Henry Smith (1680-1743) of Medfield, Mass., Amanuensis Monday - Post 321: Estate Inventory of Henry Smith (1680-1743) of Medfield, Mass., and Amanuensis Monday - Post 322: Account for Estate of Henry Smith (1680-1743) of Medfield, Mass.  for earlier blog posts for the probate records of Henry Smith.

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