Monday, September 18, 2017

Amanuensis Monday - Probate Records for Estate of John Garnsey (1648-1722) of Rehoboth, Mass. - Part 1

This week's documents for Amanuensis Monday are from the Bristol County, Massachusetts Probate Court records for John Garnsey (1648-1722) of Rehoboth, Massachusetts (presented in date order):

a)  Probate Packet (image 18 of 22):

The transcription of this document is:

To Nathaniel Pain Esq Judg of probate of Wills
and Granting Administration within the County of Bristol

Sir These may inform your Honour that whereas my Late Husband
John Garnsey is dead Intestate and the Law makes mention that admini-
stration may be Granted to me as being his Widdow but Sir I have Consi-
dered my own Inability and the trouble that will attend that
business therefore I am Willing to Leave that affair to some of my husbands
Children desiring that administration may be Granted to some of them.
As Witness my hand this 5th day of April 1722
Signed in the presence of us
Joseph Barney                                                          her
Francis + Wilson                                          Sarah   S  Garnsey

b)  Probate Packet (image 16 of 22):

The transcription of this document is:

To Nathaniel Pain Esq Judg of probate of wils
and Granting Administration within the County of Bristol

Sir these may certifie your Honored that whereas my father John Garnsy
Late of Rehoboth is dead Intestate and my Mother in Law who is the widow
is wishing to free herself of the trouble of administration, the Law
directs that I may have it as being the Eldest son.  My place dwelling
is so far different that Renders me unfit for that service and therefore I
shall decline it and pray that Administration may be granted unto my
two brothers James Bowen and Seth Garnsey.

Witness my hand the sixth day of April 1722   Henry Garnsy

c)  Probate Packet (image 8 of 22, on form):

The transcription of this document is:

Know all men by these presents, That We
Seth Garnsey James Bowen of Rehoboth in y^e County of
Bristol Administrators to y^e Estate of Jno Garnsey late of Rehoboth
deceased Intestate & Elisha Bisby John Horton of sd Rehoboth
In sd County
within His Majesty's Province of the Massachusetts Bay in New England, are
holden and firmly bound  and obliged unto Nath^ll Paine Esq^r
Judge of the Probate of Wills and Granting Administrations within the
County of Bristol in the full sum of Three hundred Pounds,
Currant Money in New England; To be paid unto the said Nathaniell
Paine his Successors in the said Office of Assigns: To the true 
Payment whereof, We do bind ourselves and each of us, our, and each of our
Heirs, Executors and Administrators, jointly and severally for the whole and
in the whole, firmly by these Presents.  Sealed with our Seals.  Dated
y^e Sixteenth Day of Aprill Anno Domini One Thousand Seven
hund Twenty twoo – Annoque Regni Regis GEORGII Octavoe.

The Condition of the Present Obligation is such That if the above bounden
Seth Garnsey James Bowen Administrators to y^e Estate of their Father
John Garnsey Late of Rehoboth deceased Intestate.

Do make or cause to be made, a true and perfect Inventory of all and singular the Goods, Chattels,
Rights and Credits of the said Deceased, which have or shall come to the hands, possession or know-
ledge of them the said Seth Garnsey James Bowen or into the hands and possession of
any other person or persons for them: And the same so made, do exhibit or cause to be exhibited
into the Registry of the Court of Probate for the aforesaid County of Bristol at or before the
tenth Day of July next ensuing.  And the same Goods, Chattels, Rights and
Credits, and all other the Goods, Chattels, Rights and Credits of the said Deceased, at the time of his
Death, which at any time after shall come to the hands or possession of the said Seth Garnsey
James Bowen or into the hands and possession of any other person or persons for them do well
and truly Administer according to Law.  And further do make, or cause to be made a just and true
Accompt of their said Administration upon Oath, at or before the Sixteenth Day of April
which will be in the Year of our Lord, One Thousand sevend hundred Twenty three.
 And all the rest & residue of the said Goods, Chattels, rights & Credits which shall be found remaining
upon the said Administrators Accompt (the same being first examined & allowed of by the Judge or
Judges for the time being, of Probate of Wills and granting Administrations within the County of
Bristoll aforesaid) shall deliver and pay unto such person or persons respectively as the said
Judge or Judges by his or their Decree or Sentance pursuant to Law shall limit & appoint.  And if it
shall hereafter appear, That any last Will and Testament was made by the said Deceased: And the Executor or Executors therein named do exhibit the same into the Court of Probate for the said County
of Bristoll making request to have it allowed and approved accordingly.  If the said Seth
Garnsey & James Bowen within bounden being thereunto required, so render and deliver
the said Letters of Administration (Approbation of such Testament being first had and made) into the said court;: Then the before Written Obligation to be Void and of none Effect, or else to abide and
remain in full Force and Virtue.

Sealed and Delivered                                                      Seth Garnsey                   {seal}
in Presence of                                                                  James Bowen                  {seal}
Simon Bus??                                                                   Elisha Bisbe                    {seal}

Stephen Paine                                                                 John Horton                     {seal}

The source citation for this probate estate packet is:

Bristol County [Mass.] Register of Probate, Bristol County (Mass.) Probate Records, 1690-1881, Estate File 10414 (22 images), John Garnsey of Rehoboth, 1722; digital images, American Ancestors (; citing original records at Probate Registry, Taunton, Mass.

John Garnsey (1648-1722) resided in Rehoboth, Bristol County, Massachusetts when he died on 31 March 1722.  He married three times - with his first wife Elizabeth (1652-1714) he had 13 children; with his second wife, Judith Ormsbee (1673-1715) he had one child; with his third wife, Sarah (Miller) Titus (1655-1742) he had no children.

John Garnsey died intestate - leaving no will to probate, so the Probate Court went through the administration process of appointing an administrator, the administrators took an inventory, submitted an account, and distributed the estate to the heirs at law.  There are 22 images in the probate packet for John Garnsey of Rehoboth on the American Ancestors website.  Note that I will present the records in chronological order, from the earliest date to the latest.

*  In the first record above, the widow Sarah renounced being administratrix of the estate of her late husband on 5 April 1722.

*  In the second record above, the eldest living son, Henry Garnsey (1679-1759) renounced being administrator on 6 April 1722, since he lived too far away.  He resided in Medway in Norfolk county.

*  In the third record, Seth Garnsey (the youngest son of John by his first wife) and James Bowen (the husband of John's daughter Elizabeth Garnsey) accept the Administrator appointment and make bond, along with Elisha Bisby and John Horton, on 16 April 1722.  They agree to administer the estate, make an inventory and provide a true account for their administration by 16 April 1723.

There will be several more posts for this intestate estate in Bristol county, Massachusetts.

John and Elizabeth (--?--) Garnsey are my 8th great-grandparents, through their eldest child, Mehitable Garnsey (1673-1742) who married John Horton (1672-1752) in about 1689, and resided in Rehoboth, Massachusetts.


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."

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