This week's document for transcription is the 1735 Bond and Order to Distribute the Real Estate of Jonathan Boyden (1652-1732) of Medfield, Massachusetts, in Probate Packet 6,257 in the Suffolk County, Massachusetts probate court records:
Image 44 of 49:
The transcription of these papers is:
[Image 44 of 49]
Know all men by these Presents That We
Joshua Boyden, Housewright & George Barbur Husband-
man both of Medfield & John Boyden Husbandman of
Walpole all in the County of Suffolk
within His Majesty's Province of the Massachusets
Bay in New England are holden and Stand firmly
bound and Obliged unto Josiah Willard Esq'r Judge
of the Probate of Wills and for Granting Adminacons
within the County of Suffolk in the full and Just
Sum of Nine hundred & thirty four Pounds Curr't Money
in New England. To be paid unto the said Josiah Willard
Esq'r his Successors in the said Office or Assigns. To the
true Payment whereof We bind our Selves our and
Each of our Heirs Executors Admin'rs and Assigns Joyntly
and Severally in the whole and for the whole firmly
by these Presents. Sealed with our Seals Dated at
Boston the Nineteenth Day of April Anno Domini 1735,
And in the Eighth Year of His Majesty's Reign.
The Condition of the above Obligation is Such That whereas
that Part of the Real Estate of Jonathan Boyden late of Medfield in the
County of Suffolk Yeoman deced Intestate that was set off to his Relict Widow
Anne Boyden who is also Deced Cannot Admit of a Division among all his
Children And the said Estate having been Apprized at the Sum of
Four hundred & Sixty Seven Pounds is Assigned unto his Grandson Joshua
Boyden ^above bounden^ one of the Sons of his eldest Son Jonathan Boyden Jr (Deced) he paying
thereout unto the Children of the said Jonathan Boyden or their Legal
Representatives Namely to y'e Children of Jonathan Boyden ^Jr^ as his Double
^Portion thereof y'e Sum of one hundred & three Pounds, fifteen Shillings & 7d-1/2 and to Mary Clap^
Deced or her Heirs, Elizabeth Sabin, Mehitable Titus, Thomas Boyden, John
[image 45 of 49]
Boyden, Joseph Boyden and Sarah Jones the Sum of Fifty One
Pounds Seventeen Shillings and nine Pence half penny a peice in Bills
of Publick Credit on or before the Nineteenth Day of April which will be
in the Year of our Lord One thousand Seven hundred & thirty six with
Interest for the said Sums in the Interim after the Rate of six Pounds pr
Cent pr Annum being their full Shares of in their s'd Fathers Real Estate
aforesaid. Now if therefore the said Joshua Boyden fulfill the Decree
of the said Judge of Probate by Paying the afores'd Sums of Money with
Interest as aforesaid without fraud Coven or further Delay Then this Ob-
ligation to be Void and of none Effect. Otherwise to abide & Remain in
full force and Virtue.
Signed Sealed & Delivered Joshua Boyden
in presence of us (the Words to y'e Children
of Jon'a Boyden dec'd as his Double Portion thereof
y'e Sum of One hundred & three Pounds fifteen Shill'gs
& 7'd-1/2 and y'e Words Mary Clap first put in and
Interlined And y'e Words (as their Single Portion George Barbur
thereof also Interlined)
John Payne John Boyden
The source citation for this probate case file is:
Suffolk County, Massachusetts, Probate case files, Packet #6,527 (49 images), Jonathan Boyden of Medfield, administration granted 1732; "Suffolk County, MA: Probate File Papers, 1636-1893," indexed database and digital images, New England Historical and Genealogical Society, American Ancestors (https://www.AmericanAncestors.org : accessed 17 September 2020); from records supplied by the Massachusetts Supreme Judicial Court Archives, digitized images provided by FamilySearch.org.
Jonathan Boyden (1652-1732) married (1) Mary Clark (1649-1730?) in 1673 in Medfield, Massachusetts, and they had eight children - Jonathan (1674-1719), Mary (1677-1718), Elizabeth (1678-1756), Mehitable (1680-1756)), Thomas (1682-1770), John (1685-1754), Joseph (1687-1758) and Sarah (1690-????).
Jonathan Boyden married (2) Anne --?-- (1657-1735) in about 1730, probably in Medfield. They had no children.
When Jonathan died on 30 May 1732 at age 80, Anne declined administration on her husband's estate, and five of the surviving children petitioned to have son John Boyden be named the administrator. The Probate Court gave a Letter of Administration to John Boyden and David Jones on 9 June 1732. The Inventory of the estate was taken, and totaled £771 in personal estate and £1331 in real estate, and was approved by the Court on 24 June 1732. The Negro servant sold for £8 more, plus more credits, which made the total inventory £2114, according to an account approved on 1 November 1732. After funeral charges (£44!), expenses and fees, the administrator's account totaled £127 at that time. By 2 July 1733, the account totaled £209.
The Court commissioned a committee of three to divide the property to the widow and the children or their representatives. The committee told the Court that the real estate was incapable of being divided equitably, and that it should be settled on one heir.
The two oldest children had died (Jonathan and Mary), and the heirs of the eldest son (Jonathan 1674) were to receive a double share. They chose Joshua (son of Jonathan 1674, grandson of Jonathan 1652) to receive the double share and to pay his siblings their share. A Bond and Letter of Administration was given to Joshua Boyden on 25 September 1733 for their share of Jonathan 1652's estate.
Widow Anne (--?--) Boyden died before 28 March 1735, and her third share of Jonathan's estate had to be distributed to all of the heirs. The widow's thirds of the real estate amounted to £467, so the total value of the real estate was about £1401 at the time.
With 9 shares (8 children, heirs of eldest son Jonathan Boyden 1674 to receive a double share), each share was worth £103-15s-7d for Jonathan 1652's portion of the estate, and £51-17s-9d for Anne's portion. Grandson Joshua Boyden posted bond and received the order to receive all of the real estate, and distribute the portions to his father's siblings as heirs of Jonathan and Anne Boyden, on 19 April 1735.
There is no Bond and order for John Boyden and David Jones to distribute the estate of Jonathan Boyden 1652 in the probate case file. Their final account on 19 April 1735 notes that the personal estate was distributed to the heirs, leaving £791 to be distributed to the heirs of Jonathan Boyden (1652-1732). This does not make much sense to me, but it is what it is.
As noted above, the real estate of Jonathan Boyden (1652-1732) was settled on his grandson, Joshua Boyden (1709-1770), son of Jonathan Boyden (1674-1719), who was age 22 when his grandfather died. My guess is that the children of Jonathan Boyden 1674 resided with their grandfather Jonathan Boyden 1652 until he died, and it made sense to settle the estate on the eldest grandson. Joshua Boyden may have had to sell real estate in order to pay his aunts and uncles their share of the Jonathan Boyden 1652 estate.
Jonathan and Mary (Clark) Boyden are my 8th great-grandparents, through their son Thomas Boyden (1682-1770) who married Deborah Wight (1680-1730) in 1707 in Medfield.
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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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