NH-Merrimack-Boscawen-Probate of the Estate of Edward Fitzgerald, Date: 3/22/99 2:28:33 PM Eastern Standard Time From: Alexandr@ix.netcom.com (Cheri Wilkinson) Probate of the Estate of Edward Fitzgerald, Died Boscawen, NH after 26 May 1776 Hillsborough County, NH probate records: 03165 Fitzgerald, Edward 1777 Administration - Volume 2, Page 600 Inventory - Volume 2, Page 600 Dow - Volume 3, Page 156 App. - Volume 3, Page 156 Settlement - Volume 3, Page 157 Following are transcripts typed by Cheri Wilkinson from photocopies of the foregoing documents pertaining to the Estate of Edward Fitz-Gerrald who died intestate A. Hillsborough By the Hon. Matthew Patten, Esq; Judge of the Probate of Wills, &c. for said County To Moses Burbank Gentleman Saml Fowler & George Jackman {unreadable}, Thomas Elliot gentleman Samall Jackman carpenter all of Boscawen in the County of Hillsborough aforesaid, Greeting. You are hereby nominated and appointed a Committee to divide the Real Estate of Edward FitzGarrald late of Boscawen in said County Husbandman deceased intestate in Manner following, viz. To Mehetable FitzGerrald the widow {unreadable} of the Deceased one third part of said real estate in houses and land to hold to her at her dower during her natural life & the remaining two thirds you are to view and see if the same can be divided among his children allowing to the eldest son a double share and if you find that it cannot be divided without prejudice to or spoiling the whole then you are to appraise the same according to the present value in order to a settlement thereof upon the eldest son be agreeable to the law. And make each Share as equal as possible, having respect to the Quality as well as Quantity and set forth the same by Metes and Bounds with the Name of the Person to whom you allot the same and make Return under your or any three of your Hands on Oath to your Fidelity and impartiality herein to the Judge of Probate for said County for the Time being together with this Warrant as son as may be. Dated at Amhurst the 25th Day of March Anno Domini 1778. By Order of the Judge. (Signature) Jon Blanchard Regt. B. "An Inventory of the Real and personal Estate of Edward Fitzjareld late of Boscawen Deceased Taken by us the Subscribers June 20, 1777 forty five acres of well land 13-10-0 five acres of Intervale 130-00-0 thirty five acres Home land and Buildings 106-10-0 Stock Three Cown 18-00-0 One Heffers and Cal 6-00-0 One Bull 3-03-0 Young Cattle Sheep and Swine 13-16-0 The Houshold Furnitures 6-08-0 Husbendry Tooles 000-00-0 Total: 207-07-0 (Signatures) Samill Fowler Winthrop Carter /Approval "Hillsborough Boscawen March 21, 1778 personally appeard Saml Fowler and Winthrop Carter above named and made solemn oath that in apprise the above Estate they had acted faithfully and impartialy and according to the best of their {unreadable} and that the above was all that had been shewn to them by Mehitable Fitzjarreld Administratise on the above Estate before me. George Jackman Justice of the Peace "Hillsborough Boscawen March 21, 1778 personally appeared Mehitable Fitzjarreld Administratise and made solemn oath that the above Inventory contained all the Goods and Estate of her late Husband Edward Fitzjarreld that has come to her hand, possession or knowledge that if any thing shall hereafter come to her hands possession or knowledge she could make an additional Inventory. Before George Jackman Justice of peace C. "We the Subscribers being Appointed a Committee by the Honourable Matthew Patten Esq Judge of the probate of Wills & For the County of Hillsborough -- Do Set off to Mehetable Fitzjarreld Widow one third of the Real Estate in House and land which happens to her of the Estate of Her late Husband Edward Fitzjarrled late of Boscawen {unreadable} and also to {unreadable} the other two thirds as in said warrant is {unreadable} have proceeded in the Following manner we have set of to Mehitable Fitzjarell widow ten acres of the Home place be the same more or before Beginning of a white oak tree at the Common of Seten Kimball and then Running Easterly on the Highway 32 Rods a Stoke on Stones then Northerly to a white pine tree at the North End of said land then on the Northerly line of Said land to Daten Kimball land then by Said Kimball land to the Bound first mentioned -- also two acres lying on the southwesterly Side of an Intervail lot -- laid out to the original Right of Jonathan Sampson lying the whole length of Said lot --- also Five acres of wood land lying on the Northwest Corner of that Forty Five acre lot that was laid out to the original Right of Robert Yarborough also the Buildings on Said land - To have and To hold the Same to her in Soventy during her Naturel life. We have also viewed the two thirds part of Said Estate to {unreadable} and Returned that the Same cannot be divided among the Children without Great prejudice to or Spoiling the whole and there upon and by virtue of said Warrant we do apprise said Two thirds being about twenty five acres of Homeland and Intrevail and Forty acres of outland at the same one Hundred and thirty two pound lawful money Boscawen April 27, 1778 George Jackman, Moses Burbank, Samill Fowler, Thomes Eliot, Semuel Jackman, Committee D. "Hillsborough - Boscawen April 27, 1778 then Moses Burbank, Sam Fowler, Thomas Eliot, & Sam Jackman personally appeard and made Solemn oath then in Dividing representing and apprising said Estate they had acted Faithfully and Impartially according to the best judgment before said George Jackman Justice of Peace" "KNOW all Men by these Presents, That, WE, Mehetable Fitzgerrald Widow Winthrop Carter Gentleman & Samuel Fowler Esq all of Boscawen in the County of Hillsborough and the State of New Hampshire Are holden and stand firmly bound and obliged unto Matthew Patten Esq; Judge of the Probate of Wills and for granting Administrations within said County in the full Sum of five hundred Pounds, Lawful Money, to be paid to the said Matthew Patten his Successor or Successors in the said Office or to his or their Assigns: to the true Payment whereof, we bind ourselves, and each of us, our and each of our Heirs, Executors and Administrators, jointly and severally firmly by these Presents. Seal'd with our Seals. Dated the 28th Day of May in the Year of our Lord One Thousand Seven Hundred & Seventy Seven. "The Condition of the above Obligation is such, that if the above bounden Mehetable Fitzgerrald as she is appointed Adm. of the Estate of Edward FitzGerrald late of Boscawen afore Husbandman Deceased intestate. Do make, or cause to be made, a true and perfect Inventory of all the Goods, Chattles, Rights and Credits of the Deceased, which have or shall come to the Hands, Possession or Knowledge of her, the said Admins. or into the Hands and Possession of any other Person or Persons for her and the same be made, do exhibit, or cause to be exhibited into the Registry of the Court of Probate for the County aforesaid, at or before the last Wednesday of August next ensuing, and the same Goods Chattels, Rights and Credits, and all other Goods, Chattels, Rights and Credits of the said Deceased, at the Time of his Death, which at any time hereafter shall come to the Hands or Possession of the said Admins or into the hands or Possession of any other Person or Persons for her do well and truly Administer according to Law; and further do make or cause to be made a just and true account of her said Administration upon Oath, at or before the last Wednesday of May which will be in the Year of Our Lord, One thousand Seven Hundred and Seventy Eight and all the Rest and Residue of the said Goods, Chattels, Rights and Credits, which shall be found remaining upon the Account of said Adminstor (the same being first examined and allowed of by the Judge or Judges for the Time being, of the Probate of Wills, and for granting Administrations within the County aforesaid)shall deliver and pay unto such Person or Persons respectively, as the said Judge or Judges by his or their Decree or Sentence pursuant to Law shall limit and 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 County aforesaid, making Request to have it allow'd and approv'd accordingly: If the said Adminis. above bounden being thereunto lawfully required, do render and deliver the said Letters of Administration (Approbation of such Testament being first had and made) into the said Court: The before written Obligation to be void and of none Effect, or else to abide and remain in full Force and Virtue. Signed, Sealed and Delivered in Presence of John Fowler and George Jackman Mehitable O (her mark) Fitzgerrald, Winthrop Carter Samill Fowler" "Know all Men by these presents that We Edward Fitz-Gerrald &. Winthrop Carter both of Boscawen in the County of Hillsborough in the State of New Hamp Husbandmen are held and stand firmly bound unto Matthew Patten Sig. Judge of the Probate of Will & for said County in the sum of five hundred pounds to be paid to the said Matthew Patten his successor or successors in the said Office or to his or their assigns to the true payment whereof We do bind ourselves and each of us {unreadable} and each of our heirs & acct. & admin & jointly & severally firmly by these presents sealed with our Seals this 27th day of May 1778. The Condition of the above Obligation is such that Whereas the said Judge of Probate by his Decree has settled two third parts of the Real Estate of Edward Fitz-Gerrald late of Boscawen aforesaid husbandman Deceased intestate upon the above bounden Edward Fitz-Gerald & ordered him to pay the heirs & legal Representatives of the said Edward Fitz-Gerrald Dec. their shares & parts agreeable to an apprisment thereof made & returned by five sufficient Freeholders of said County upon Oath. Now therefore if the said Edward Fitz-Gerald shall & do well & truly pay or Cause to be paid to the several children & heirs of the said Edward Fitz-Gerald their proportions of said farm as in the said Decree is mentioned & declared & all without fraud or Delay then this Bond to be void else to be & remain in full force Signed Sealed & Delivered in presence of Richard Rogers Jon Blanchard N.B. before signing the words of the said Edward FitzGerrald dis. intestate Edward FitsJarel Winthrop Carter" E. "State of New Hampshire, Hillsborough to wit: Matthew Patten Esq. Judge of the Probate of Wills & for said County. Whereas two third parts of the Real Estate of Edward Fitz-Gerral late of Boscawen in said County Husbandman Deceased intestate has been viewed in order to a Settlement thereof among his Children & those who may Legally Represent any that are Dead, But it has been Reported to be incapable of a Division without prejudice to & spoiling of the whole & has therefore been appraised at the sum of one hundred & thirty two pounds lawful Money in order to a Settlement upon the Eldest or some other of his Sons in Succession agreeable to Law. James Fitz-Gerald the Eldest son of said Deceased being since his the said Edward Decease Dead and Edward Fitz Gerald of Boscawen aforesaid Husbandman next son in succession {unreadable} to take the whole of said two thirds at the said appraisment & pay unto the rest of the Heirs at that rate. I Do therefore order & Decree that the said two third parts of the said Real Estate be & hereby is settled upon the said Edward Fitz-Gerrald and the fee of the same vested in him to hold to the said Edward his Heirs & Assigns forever. And I do further order & Decree that the said Edward Fitz Gerrald pay unto Mehetable Fitz-Gerrald the legal Representative of the said James Fitz-Gerald who died intestate and without issue the sum of twenty two pound and to Asa Corser & Jane his wife the sum of Eleven pound, Samuel Davis & Mary his wife the further sum of Eleven pound, Samuel Corser & Sarah his wife, the sum of Eleven pound, Oliver Hoit & Rebecca his Wife the sum of Eleven pound, John Peirce Sweat & Susannah his Wife the sum of Eleven pound and Rachel Fitz-Gerald, John Fitz-Gerald & Martha Fitz Gerrald the sums of Eleven pound each at or before their arrival at full age with interest. And I do further order & Decree that the said Edwd Fitz-Gerald give Bond with one Surety at least to pay and discharge the several sums afore, all without fraud or Delay. the 27th day of {unreadable} ==== NHDATA Mailing List ==== This list is the place for you to share your original NH source material... wills, deeds, bible records, tax lists, cemetery files, pension applications, obituaries, old letters, marriage lists, etc... with other NH researchers. Please note that queries are NOT allowed! The digest of the mail list is being placed in the NHGenWeb Archives. PLEASE REMEMBER THAT QUERIES WILL NOT BE ALLOWED. ************************************************ * * * * NOTICE: Printing the files within by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. 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