"A person employed to write what another dictates or to copy what has been written by another."
The subject today is the 1803 setting off of the remainder of the real estate to five children in the estate settlement of Simon Gates (1739-1803) of Gardner, Worcester County, Massachusetts in Worcester County Probate File 23252:
The transcription of the images above is:
[image 84 of 1089, bottom half]
We then proceeded to Make
Distribution to and among the Heirs of
the Said Simon Gates Deceased the
Remaining Sum which is left
After Setting off to Susanna Gates
widow to the said Deceased her full
third amounting to the Sum of Two
thousand five hundred and
thirty Dollars Sixty six Cents and
two thirds of a Cent
$
2530=66-2/3
Which Sum Remains to be Divided to
and among five
Heirs the Oldest Namely Nathan Gates
having rece-
ived of his father in his lifetime
the Sum of Two hund-
red Sixty Six Dollars and Sixty
Seven Cents and Received
for the Same as part of portion and
was Indebted to
Said Estate by his Notes of hand to
the Sum of Seven-
Hundred Sixty Dollars and five Cents
Six mills
Principal and Interest Which makes
the Sum of
One thousand and thirty three
Dollars Seventy two
Cents and Six Mills and as the Said
Nathan Gates on
the one part And the rest of the
Heirs and Representati-
tive of Heirs on the Other part Came
to the following
Agreement and Rattified the Same
which is as followeth
that the Said Nathan Quit All Claim
in and to the whole
of Said Estate Both Real and
personal which he now had
or might hereafter have ^had^ Upon
being Discharged from
All Demands against him in favor of
Said Estate.
And theirfore we Considered him as
not being an Heir
to Said Estate and proceeded to
Distribute the Above
Sum to and among the Said Remaining
five Heirs
Which Each Heirs Share Amount to the
Sum of five
Hundred and Six dollars thirteen
Cents and one third
of a Cent $ 506=13-1/3
[image 85 of 1069]
Then we proceeded and Set off to
Simon Gates and Daniel Gates
two of the heirs to said Simon Gates
Deceased in Common and
Undivided the following and
undev Lands and Buildings /viz/
One Half of the new Dwelling House
it being the West front Room
the East Chamber the northwest
bedroom and also one half in
Common and undevided the Kitchen
Butting on Cheese Room the
Dressen in the Kitchen the front
Entery and Bakers hole and the
whole of the South half of the
Cellar and an Equal priviledge
of passing and Repassing Up Chamber
and Down Cellar to Occupy
the Eastwardly Shed and the East
part of the Barn to the Middle of
the west bay and the South Scafold
against the West bay and a
priviledge in the West Thrashing
floor to Carry in hay and other
fodder to fill said South Scaffold.
Also Sixty ^four^ Acres and Seventy
four rods of the home farm bou-
nded as followeth /viz/ beginning at
a Stake and Stones at the
Southeastwardly Corner of the
Otchard and ^in^ Daniel hows line
thence Eastwardly by said Hows land
and land in the Occupati-
on of the Widow May ^to a Stake and
Stone^ thence Northwardly by Dunn's road so-
called and John Dunn's land to a
Stake and Stones thence
Westwardly by Lucas Dunn's land and
Edward Jacksons land
^to a Stake and Stones^ thence
Southwardly by said Jacksons land to a Stake and
Stones thence Eastwardly by the one
third to a Stake and
Stones ^thence^ the North Side of
the Barn by a wall thence
through the Barn Cowyard and to the
middle of the Well
thence Southwardly by the West End
of the old house and
as the fence now Stands by said lane
to a Stake and Stones
on the west side if said Orchard
being a Corner of part of the
one third thence Eastwardly across
said Orchard by said third
to a Stake and Stones thence
Southwardly by said one third
to the first Mentioned Corner bound
appraised at togeather
with an Equal priviledge in the lane
and round the new house
as Occasion May Require. Also we
set off to the said Simon and
Daniel the Cidermill and Corn Barn
which we appraised at
the Sum of One thousand Six Hundred
and fourteen Dollars
Sixteen Cents and two thirds of a
Cent $ 1614=16-2/3
Also we Set off to the said Simon
and Daniel Two fourth
Division Lotts in the Eastwardly
part of said Gardnerr Con-
taining According to the Deeds
thirty Seven Acres be the
Same more or less Bounded as
follows, Begining at a
Stake and Stones thence Westwardly
by lott Number one
Hundred and one one Hundred and
eighteen rods to a
Hemlock thence Southwardly thirty
Eight rods to a
Spruce tree thence Southeastwardly
twenty one rods
fifteen links to a spruce tree
thence Eastwardly about
Twenty five rods to a Stake thence
Eastwardly about
Fifty five rods by land belonging to
Aaron Wood Esqr
to a hemlock tree Marked thence
Northwardly about
Seventy five rods by lott Number
thirty to the
[image 86 of 1069]
Brought forward 1614-16-2/3
first Mentioned Corner bound
Appraised at the Sum
of One hundred and Eighty Five
Dollars $ 185=00
Also we Set off to Said Simon and
Daniel a Certain Tract
of Swamp land called the Coburn
Swamp lying in the
Town of Westminster in said county
Butted and bound-
ed as followeth, Containing Eighteen
acres and one
hundred and nine rods beginning at
the Southwestwardly
Corner a Stake and Stones thence
Runing Northwardly
forty seven rods seven links by
Jewett and Williams land
to a Stake and Stones thence
Eastwardly by David Cowee
land fifty two rods to a Stake and
Stones thence South-
wardly forty Eight rods sixteen
links by Baldwins and
Maynards land to a Stake and Stones
thence South-
westwardly twenty one rods by Lott
Number one hun-
dred and twenty two fourth Division
to a Spruce tree
Marked thence Westwardly forty four
rods by Biglows
Land to the first mentioned Corner
bound Appraised
at the Sum of One hundred and ninety
Dollars 190=00
Also a Pew in the Galleries in said
Gardner Meeting-
House Appraised at the Sum of Twenty
Seven Dollars 27=00
Also one half in common of the Horse
Stable at said
Meeting House Appraised at the Sum
of Two-
Dollars and fifty Cents 2=50
Amounting in the whole to Two
thousand and Eigh- ___________
teen Dollars Sixty Six Cents and two
thirds of a Cent $ 2018=66-2/3
They paying to their Sister
Elisabeth
Gates four hundred Eighty four Dol-
lars Thirteen Cents and one Third of
a Cent $ 484=13-1/3
and to their Brother Ezekiel
Gates five hundred and Six Dol-
lars Thirteen Cents and one third
of a Cent $ 506=13-1/3
and to pay to their brother Reuben
Gates Sixteen Dollars Thirteen Cents
and one third of a Cent $ 16=13-1/3
____________
In the Whole one Thousand and
Six dollar and forty Cents 1006=40
[image 87 of 1069]
To Elisabeth Gates One half of a pew
in said Gardner
Meeting House Below Number fifteen
and in Common
with the Other half belonging to the
one third Appraised
at the Sum of Twenty two Dollars $ 22=50
To Receive of her Brother Simon
Gates and Daniel
Gates the Sum of four hundred and
Eight four Dollars thirteen Cents
and one third
of a Cent 484=13-1/3
Amounting in the whole to the Sum of
five
Hundred and Six dollars thirteen
Cents and _____________
one third of a Cent $ 506=13-1/3
To Reuben Gates A Certain Tract of
Land in the Southwest-
wardly part of said Gardner Called
the Marshal Lott Containing
Forty Eight Acres and One hundred
and forty nine rods Bounded
as followeth /viz/ Begining at a
Stake and Stones at the End
of a wall and adjoining a road
leading from said Gardner
to Westminster thence runing
Southwestwardly by David
Reeds land one hundred and fifty two
rods to a Stake and
Stones thence South Eastwardly
Twenty four rods and twenty
links by Said Reeds land to a Stake
and Stones thence North
Eastwardly forty two rods fifteen
links by Ephraim Pratts
land to a Stake and Stones thence
Southeastwardly thirty
Nine rods five links by said Pratts
land to a Stake and
Stones thence Northeastwardly Ninety
Six rods by John
Pierces land and Jabez Biglows land
to a Stake and
Stones thence Northwardly Nineteen
rods and five links
by William Pennimans Land to a Stake
and Stones at
Said Road thence up said road to the
first mentioned
Corner bound Appraised at the Sum of
four hundred
and Ninety Dollars $ 490=00
To Receiv of said Simon Gates and
Daniel
gates the Sum of Sixteen Dollars and
thirteen Cents and one Third of a
Cent 16=13-1/3
Amounting in the Whole to the Sum
of five hundred and Six Dollars
thirteen ___________
Cents and one third of a Cent $ 506=13-1/3
[image 88 of 1069]
To Ezekiel Gates to Receive of their
Brother Simon
Gates and Daniel Gates the Sum of
five Hundred and
a Cent $ 506=13-1/3
The Widow Susanna Gates Dower
Appraised at $ 1265=33-1/3
To Simon Gates and Daniel Gates 1012=26-1/3
To Elizabeth Gates 506=13-1/3
To Reuben Gates 506=13-1/3
To Ezekiel Gates 506=13-1/3
Total $ 3796=00
Given under our hands this fifteenth
day of December
Anno Domini Eighteen hundred and
Three
Aaron Wood }
Matthis Mosman } Committee
Stephen Hoar }
Countersigned by
Susanna X Gates
Nathan Gates
Elizabeth Gates
Simon Gates
Daniel Gates
Merari Spaulding Guardian
The source citation for this part of the estate record is:
Massachusetts, Worcester County, Probate Files, 1731-1925, Case 23252, Simon Gates Estate, 1803, Setting off of real estate portions to 5 children; digital images, FamilySearch.org,(https://familysearch.org: accessed 12 August 2014); in "Case no 23243-23330, Gates, Sarah-Gay, William, 1731-1881" (images 84-88 of 1069); original records in Worcester County, Mass. Courthouse.
This is the sixth 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 part of the estate file, all part of the report by the three men commissioned to divide the real property of Simon Gates among the heirs, we see that the remainder of the land owned by Simon Gates at his decease was passed to four of his sons (two of whom were represented by a guardian) and a daughter. The eldest son, Nathan Gates, quit claimed his share of the estate because he had already been given a portion of it and he owed his father money loaned to him before he died. The other siblings agreed to this quit claim. The remainder of the estate added up to $ 2530.66-2/3, meaning the portion of each of the five heirs was $ 506.16-1/3. The two sons who received the other part of the home farm had to pay money to several of their siblings in order to make the numbers come out even.
I am always amazed that the commissioners can make the numbers come out correctly (perhaps they did the sums on a scratch paper first! And double checked their calculations).
In the next post, I will transcribe the final account of the executors of the estate of Simon Gates.
My ancestor is the first son, Nathan Gates, who quitclaimed his interest in the real estate of his father. If, as the oldest son, he was to receive a double share of the estate, the money he was given and borrowed add up to about the double share value. Perhaps they thought it was too difficult to include it, or the other heirs thought it wasn't worth the effort.
The URL for this post is: http://www.geneamusings.com/2015/01/amanuensis-monday-post-252-setting-off.html
Copyright (c) 2015, Randall J. Seaver
