Monday, October 23, 2017

Amanuensis Monday - Probate Records for Estate of John Garnsey (1648-1722) of Rehoboth, Mass. - Part 6

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 10414 (image 15 of 22):

The transcription of this record is:

[image 15 of 22]

Bristol Ss By the Honobl^e Nath^a Paine Esqr Judge of
the Probate of Wills and Granting of Letters of
Administrations within y^e County of Bristol

To M^r. Francis Wilson, M^r Wm Salsbery Mr
John Thompson of Rehoboth ^& Swanzy^ within y^e County of
Bristol, Greeting

Whereas it hath been Represented and made to appeare by a
Certificicate under the hands of Mr Francis Wilson John West
Thomas Shaw Joseph Garnsey all of the towne of Rehobath aforesaid
that the Housing and Lands left by John Garnsey Late of Rehobath
Deceased Cannot be devided amongst the Children of y^e deceased
without Great Prejudice to y^e Spoyling of the Whole...
Persuant to an Actt of the Generall Assembly Entituled an Actt
for the Settlemen and distribution of the Estate of Intestate
I doe appointe and Order you the said Francis Wilson William
Salsbury Jno Thompson to make a true and Just apprizement
according to the best of your Judgment of the Estate of the said
John Garnsey In Housing and Lands wherto you have been sworne
before mee and you are to make Return of this Warrant with
doing there on Pertiqulerly theren expressing the severall Parcels of Lands
and Housing that you shall apprize unto my self and the Registry
Office in Bristoll here of fayle not Given notice my hand the
second day of Novembr Annoqi Som 1722 In y^e Ninth
year od his majesties Reigne

The Gentlemen Named viz …...
mr Francis Wilson Wm Salsbury Jno Thompson
personally appearing made oath to the faithfull
discharge of the trust reposed in them …. Nath^a Paine
the second day of Novemb^r 1722
Jurat Coram                                     Nath^ll Paine

In observance of y^e above Written Warrant to us dericted wee
have Aprized the estate of mr John Garncy in Housing and Lands
as a small Tenement of a House and Twenty acres of Land and
one third part of a Grist mill Att One Hundred & Ten
Pounds. Given under Our Hands this Second day of
November Anno Qui Dom. One Thosand Seven
And twenty two.                                        Francis Willson
Bristoll SS November 9^th 1722             William Salisbury
Entered in y^e fourth book for ??? ????   John Thomson

131/132 Stephen Paine Register.

b)  Volume 4, pages 132-133 of Bristol County Probate Court records, from - not in the Probate Packet]

The transcription of this record is:

[page 132, left-hand side of image above]

Whereas it hath been Represented unto mee that the Estate
in houseing and Land of John Garnsey late of Rehobath
in the said county Husbandman deceased Cannot be devided
amongst his Children without Great prejudice to or spoyling
of the whole And the said Housing and Land and one third part
of a Grist mill having been apprized at the Sum of one hundred
& ten pounds Currant money of New England by misters Francis
Wilson William Salsbery and John Thompson freeholders in the
said County upon oath being duly appointed and Sworne.

And Seth Garnsey the fifth son of the late deceased accept-
ing the same accordingly, and pay unto his Brethren and
Sisters their Ratable parts of the apprized value there of Pursuant
therefore to the act or Law of the Province Entituled an
Act for the Settlement and distribution of the estates of
Intestates and the deriction porow and authorathy to mer herby
given, I doe order and assigne all the houseing Lands and part
of the Grist mill of the said deceased John Garnsey with all the
members and appurtenances thereof unto his fifth son Seth
Garnsey ????????????????????????????????????????
To Hold and enjoy the same to him his heirs and assignes for
ever saveing unto Sarah Garnsey Relict Widow of the said
deceased her Right of Dower therein for tearm of Life he y^e
said John Garnsey paying unto his Brothers and Sisters viz
Hennery the eldest son twelve pounds forow shillings forow
pence happeny To Ebenezer Joseph John Beriah Mehitibel
the wife of John Horton Hannah the wife of Thomas
Horton Elizabeth the Wife of James Bowen Mary the wife
of Samuel Hicks Waitstill the wife of Timothy Titus being
Ten in Number the Sum of Six pounds twoo shillings twoo
pence farthing to each of them in their Respective

[page 133, right-hand side of image above]

Gaurdians In publique bills of Credits In manner and at the time
following viz at or before the first day of Apriell which will be in the year
of or Lord one thousand Seven hundred twenty three, and at and upon the death
of his said mother, and the determination of his teavin in the premises the
further sum of six pounds two shillings twoo pence farthing to Hennery
and three pounds one shilling one penny half farthing to each of y^e Rest
of his Brothers and Sisters to Compleat their Respective shares each
party to whome a share is allotted. In Testimony whereof I have
here unto sett my hand and the seal of the said Court of Probate
Dated at Bristoll y^e Seventh day of November Annoqe dom 1722 In y^e
Ninth year of his majesties Reigne.
Entered November 7^th Stephen Paine Register Nath^a Paine
1722 pr Stephen Paine Register.

The source citation for the entire probate 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 ( : accessed 29 January 2017); 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.  All of the pages in the probate packet are also in the Bristol County Probate Court minute volumes, plus at least one more (as noted above).

In the first post in this series (Part 1), the widow and eldest son petitioned the court to relieve them of administratrix/or responsibility, and the Court appointed Seth Garnsey and James Bowen as administrators.

In the second post (Part 2), the three appraisers produced an Inventory of the estate totaling £110 in real estate and £85-13-11 in personal estate.

In the third post (Part 3), the administrators have made their account and had it approved by the probate court.

In the fourth post (Part 4), the court accepted the account and directed that the balance of the estate be divided one third to the widow and two thirds to the children, with a double share going to the eldest son.  The names of 11 children are mentioned in this order to distribute the personal estate.

In the fifth post (Part 5), the probate court ordered a committee to divide the personal estate of John Garnsey among his heirs, allowing one third to the widow, a double portion to the eldest son, and a single portion to the other ten living children of John Garnsey.  A single portion was 4 pounds, 5 shillings and five pence.  

In this post, the Probate Court authorizes three freeholders to apprize the real estate of John Garnsey, and present it to the Court.  The apprized value is £ 110 for the housing, 20 acres of land and one third part of a grist mill.  

The second document above was not in the Bristol county Probate Packet on   I was curious to see if it was in the Probate Court minute volumes, and it was in Volume 4, pages 132-133;  I found this record in the "Massachusetts, Wills and Probate Records" database on 

In the second document, the Court decided to grant the entire real estate to son Seth Garnsey, provided he set aside one third for the widow and pay money to his siblings.  So, out of the £ 110, £36, 13 shillings, 6-2/3 pence was allotted to the widow, leaving £ 73, 4 shillings shillings, and 4-1/3 pence to be divided among the 11 children, with the eldest son receiving a double portion.  Consequently, each sibling received £ 6, 2 shillings, two pence and a farthing, but Henry received twice that.  When the widow dies, the court ordered Seth Garnsey to pay his siblings £ 3, 1 shilling, 1 pence and a half farthing, with Henry receiving a double share.

The widow, Sarah, died in 1742.  There is no record available that indicates the siblings received the money directed by the Probate Court; however, if they had not received it, there likely would have been a request and a probate court order directing Seth Garnsey to pay up.

This completes the posts for this intestate estate for John Garnsey in Bristol County, Massachusetts.  This was a fairly typical Intestate probate case for 18th century colonial 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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