Probate and estate settlement records for Samuel Smith, Jr. (1666-1719) of Taunton, Massachusetts.

Source: Probate Records 1690-1881, Bristol County, MA; Register of Probate; FHL microfilm #580778 at Salt Lake City, UT Volume 3, part 2 of Taunton Probate Records. Transcription without altering the spellings in the original documents by C. E. Edwards January 2004. Note: while spellings have not been altered in the following probate documents, the letter 's' has been substituted in place of the letter 'f' used in period writing to indicate the letter 's'

(This form is a combination of typeset and cursive writing with the cursive denoted by italics.)

Know all men by these presents, That we Ester Smith, Relict of Samuel Smith late of Taunton Deceased and John Staple and Seth Sumner of Taunton in the County of Bristol within His Majesty's Province of the Massachusetts Bay in New-England, are holden and stand firmly bound and obligated unto (Nathaniel Paine, Esq.,) Judge of the Probate of Wills and Granting Administrations within the County of Bristol, in the full Sum of One Thousand pounds, Currant Money in New-England: To be paid unto the said Nathaniel Paine his Successors in the said Office or Assignes: To the true Payment whereof, We do bind ourselves and each of us, our, and each of our Heirs, Executors and Administrators, joyntly and severally for the whole and in the whole firmly by these Presents. Sealed with our Seals. Dated the Fifth Day of October Anno Domini One Thousand Seven Hundred and Eighteen. Annoque Regni Regis GEORGII.

The Condition of this Present Obligation is such, That if the above-bounden Hester Smith, Relict of Samuel Smith late of Taunton Deceased to whom administration is granted upon the estate of the said deceased, shall you 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 knowledge of her the said Ester Smith or into the hands and possession of any other person or persons for her: And the fame 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 November next ensuing. And the fame 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 and possession of the said Esther Smith or into the hands and possession of any other person or persons for her do well and truly Administer according to Law. And further do make, or cause to made a full and true Accompt of her said Administration upon Oath, at or before the Tenth Day of November which will be in the Year of our Lord, One Thousand Seven Hundred and Nineteen. And all the reft and residue of the said Goods, Chattels, Rights and Credits which shall be found remaining upon the said Administrators Accompt (the said 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 Bristol 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 fame into the Court of Probate for the said County of Bristol, making request to have it allowed and approved accordingly. If the said Ester Smith within bounden being there-unto required, do render and deliver the said Letter of Administration (Approbation of such Testament being first had & made) into the said Court; Then the before Written Obligation to be Void and none Effect, or else to abide and remain in full Force and Virtue.

An Inventory of the Estate of Samuel Smith late of Taunton Deceased taken by us ye subscribers upon ye 26^th Day of August Anno Domini 1718.

Item: the feather bed in ye lower room with all ye furniture belong to it: 04-10-00

Item: Spit (2), flesh fork :6, a pair of Tailors sheers :8, wooden vessels & dishes 00-16-08

Item: the dwelling house and homestead being by estimation 90 acres of land 450-00-00

Then before Nathan'l Paine Judge of the Probate of Wills and within the County of Bristol came Hester Smith of Taunton widow and relict of Samuel Smith late of Taunton Deceased and said a Oath that the Inventory above written contains the whole of that estate the said deceased duly ? and it came to her present knowledge and when she knows of more she will reveal it that it may be of ? herewith.

(Note: The page below containing an accounting of the estate expenditures and additional income submitted to the court November 3, 1719 is missing a portion of the lower right side of the page.)

The account of the Administration of Ester Smith of Taunton, Administratix of ye estate of her late husband Samuel Smith of Taunton deceased, Intestate as well of and for some of said estate as is come to her hand as of and for her pay and disbursement out of ye said as followeth:

Imprimis the Accomptant chargeth herself with all and singly the goods, chattels, rights and estates of the said deceased comes in an inventory made and exhibited in the register of probate in Bristoll amounting as by the said inventory the sum of five hundred forty four pounds, two shillings £544-02-00

Further the accomptant deliverith allowance for ? ? funeral charges and expenses paid out

Imprimis: my ? ? bondsman one journey to Bristol ? take out ? administration <1-11-??>

Ester Smith, administratix presented the above accompt. and made oath that it contains a just and true accompt. of her administration of the estate of her late husband Samuel Smith, deceased, so far as she hath provided herein which accordingly I approve and allow.

Bristol Ester Smith administratix for estate of her husband Samuel Smith late of

Taunton deceased is ? ? estate by an inventory exhibited in ye registry office with

moneys received from the summ of five hundred and fifty pound, two shillings £550-02-00

the real estate in said inventory being four hundred sixty three pound ten shillings <463-10-00>

the personal estate in said inventory and remaining to be accounted ? ? £ 86-12-00

the estate is ? ? ye accomptant of by her accompt of ? paid and allowed < 40-06-00>

There remains in the administratix hand the summe of forty six pound, six shillings of the personal estate to be divided which is as followeth viz: to ye widdow one third being fiveteen pound eight shillings eight pence the remaining part being thirty pound seventeen shillings, four pence to be divided into ??

Along the left side margin: ffebruary 16:1719/20 This ? was entered in the third book ? ?. Signed by John Cary, registrar

Order for the making a Distribution of the ? and lands of Samuel Smith, late of Taunton, deceased ? ? together with the moveables and personal estate left by the said deceased.

By the Honorable Nathaniel Paine Esq. Judge of the Probate of Wills and Granting of Administration in this the County of Bristol aforesaid.

To Seth Williams, Esq. and John White, Samuel Williams, Edward Cobb and Seth Sumner, all sufficient freeholders in this the town of Taunton in the County aforesaid

Pursuant to the Act of the General Court or Assembly exhibited, an Act for the Settlement and Distribution of Intestate Estates, I do by those present Nominate, Appoint and Empower you the said Seth Williams Senior, John White, Samuel Williams, Edward Cobb and Seth Sumner or any three of you to made a Division of the Estate, both real and personal, left by the said Samuel Smith of Taunton, deceased to his widow and to and amongst his children on such as shall Legally represent them if any of them be ? according to the Division mentioned and contained in the before named Act which you are sworn to attend and make return of your doings.

In observation hereof together with this order unto myself unto the registors office in Bristol. Dated the third day of November 1719:

The Gentlemen above named appearing were sworn to make a division of the said Estate to the best of their understanding viz:

By virtue of an Order from the Honorable Nathaniel Payne Esq. Judge of the Probate of wills and granting of Administrations within the County of Bristol Pursuant to the Act of the General Assembly Establish an Act for the settlement and Distribution of the estate of Intestates and we the sub----- being sworn do allow the aforesaid Act have made a division of the Estate both Real and personal left by Samuel Smith late of Taunton deceased to and amongst his widow and children as followeth:

Imprimis: We set forth to the widow eighteen acres and sixty rods of land on ye northerly side of the homestead, the bounds is we began at the north east corner of said homestead and ran for the breadth sixteen rods south two degrees east, and we made a heap of stones for a corner on the weft side of the highway that leads to pole plain, thence we ran for the length west two degrees south one hundred thirty four rods to a corner with stones; thence north nearest fifty rods to a corner by William Richmonds land, thence east three degrees north by said Richmonds land twenty five rods and one quarter to a corner of fence thence by William Macombers land south two degrees east thirty six rods and three quarters to a corner of stones and corner of fence, thence by said Macomber land east two degrees north one hundred rods to ye corner that we began at by said highway; and to ? Southerly end of the dwelling house that stands on the land above bounded; and five acres and one quarter of land for a wood lot, marked with number three, fourteen rods in bredth by said highway which comes up to the south east corner of said homestead to a heap of stones, the which is a corner also of John Smiths land hence it is bounded weft by said Smith land sixty two rods to corner of stones in Daniel Williams line thence on said line north three degrees weft twenty rods to the corner of the ninth lot that is hereafter set forth.

And the half share in the old iron works; one mare; one cow and six sheep 8-10-00

Then we sett out seven lots of land runing parrallel with faid widows lott and set a diferent number upon each of said lots by the corner of each of them by the highway aforesaid; the bredth of the first lot adjoining to said widdows lot is eight rods and it contayns seven acres and eight rods. The second lot is in bredth nine rods and it contayns seven acres and three quarters. The third lot is in bredth nine rods and it contayns eight acres and one hundred rods; the fourth in bredth is eleven rods and two foot and it contayns eleven acres; the bredth of the fifth lot is eleven rods and one quarter and it contayns eleven acres and one quarter; the bredth of ye sixth and seventh losts each of them eleven rods and each contayns eleven acres.

Then we sett out ye eight lot by said highway in bredth from the seventh lost thirty two rods to a heap of stones for a corner, then ye line run between the eight lot and the ninth lot west nine degrees, north fifty four rods to a corner white oak tree of Daniel Williams land, then on the same cours By said Williams line about one hundred and three rods to a corner of stones in said Williams line the which is a corner also of the seventh lot; then the seventh lot is bounded by said Williams line to the south west corner of the above said homestead; then eight lot a heap of stones twenty eight rods something south ward to a corner of stones, thence the ninth lot is bounded west sixty rods to a corner of stones in said Daniel Williams line; thence by said line north three degrees west thirty eight rods to a corner white oak tree which is by the southside line of the eight lott the said lot, the eight lot contayns eleven acres, and the ninth lot contain eleven acres and one quarter and both numbered for a wood lot three rods in bredth contain one acre and twenty rods of land and is numbered :1 and is added to the first lot; then we sett out another little wood lot three rods wide, one acre and twenty rods numbered :1:1: which is added to the second lot.

Secondly, we sett foorth to Samuel Smith ye eldest son the sixth and seventh lotts aforesaid with two ninths in half a lot or share in ye Great Cedar swamp and two parts of nine of half a purchase right in ye old township of Taunton and two parts of nine in ye northwest end of the dwelling house and one bol and three sheep; iron boxes and bands for a pair of Cart wheels, three chairs, one washing tub and one ? One pair of andires with some iron; sum total of his part of movables is six pounds, five shillings and eight pence = 6-05-08

Thirdly, we sett forth to Sarah Smith the eight lot aforesaid and one ninth in the half lot or half shair in said Cedar swamp and one ninth in said half purchase right and one ninth part of ye northwest end of the dwelling house aforesaid; half a cow and two ~~sheep~~ (appears to have been crossed out in the original document) chests, one Hechel, one chair, two tubs, three wooden vessels = 3-02-10

Fourthly, we sett forth to Marcy Smith the ninth lot aforesaid and one ninth in the half lot or half shair in the Cedar swamp and one ninth in said half purchase right and one ninth part of the northwest end of the dwelling house aforesaid, the bed in the chamber, one broad ax, four tubs one wooden vessel = 3-02-10

Sixthly, we set forth to Jalial Smith the third lot aforesaid with a ? Of land that lyeth on ye norward side of ye highway aforesaid adjoining to Henry Gashits land contayning two acres and a half, the bounds of said two acres and half is beginning at said Gashits corner by said highway and runing by said Gashits fence east two degrees north twenty five rods and half to John Macombers corner of stones. Thence on said Macombers line south four degrees east thirty two rods to said highway, thence by said highway to the corner first mentioned forty rods; and one ninth in the half lot or half shair in said Cedar swamp and one ninth in said half purchase right, and one ninth part of the northwest end of the dwelling house aforesaid; half a cow, one gun and one sword: three pound, two shillings and ten pence = 3-02-10

Eightly, we set forth to Benajah Smith the first great lot aforesaid and the first little lot aforesaid, and one ninth part in ye half lot or half shair in said Cedar swamp, and one ninth in said half purchase right and one ninth of ye northwest end of ye dwelling house aforesaid and one third part of said great cow, one sheep, iron vessels and brass; and one pair of cards = 3-02-10