Digest of the Early Connecticut Probate Records
Charles W. Mainwaring,
Vol 2, p 160
BRAINARD, Daniel, Haddam. Invt. œ834-10-03. Taken 19 April, 1715, by Nathaniel Spencer, Gerrard Spencer and Joseph Arnold.
An agreement, dated the 2nd of May, 1715: A distribution of the estate by an agreement among the children, Daniel, James, Joshua, William, Caleb, Elijah and Hezekiah (sons), Thomas Gates and Hannah his wife (only daughter): Our father's will not being so full and clear as we could wish, we have thought best to agree upon a distribution of the estate of our hond. father. And having first come to a loving agreement with our hond. mother-in-law, Hannah Brainard, we have proceeded to make the following distribution: I, Thomas Gates, acting in behalf of my wife Hannah, and we, Daniel, James, Joshua, William, Caleb, Elijah and Hezekiah, have fully and freely made up our hond. father's Daniel Brainard his estate, and do hereby promise and engage, for ourselves and heirs, each to take up satisfied of lands heretofore set down to us and to make no more challenges or demands of any more lands or rights, neither by virtue or under color of any deed of gift received from our father in his life-time or upon any other color or pretense whatsoever, and that we do receive sd. lands and every parcel of them as our sd. father held them the day of his death, each running the risk of the title our father had to them, and being obliged to defend the same for his own part if there (was) occasion. Moreover we the sd. Daniel, James, Joshua, William, Caleb, and Elijah, do hereby (declare) that we have received œ8-01-00 apiece out of the personal estate. I, Thomas Gates, do acknowledge that I have received œ33-01-00, and I, Hezekiah Brainard, have received œ32-12-00. Moreover we do all and each of us for ourselves and heirs hereby covenant and promise that we shall make no more demands of estate, real or personal, that was our father's, and that we will in no wise disturb or annoy each other, but each of the eight aforementioned and their heirs may quietly enjoy his part aforementioned. Under the full ratification of all which premises we have all and each of us hereunto set our hand and affixed seal this 2nd May, 1715.
Daniel Braynard, L.S.
James Braynard, L.S.
Joshua Braynard, L.S.,
William Braynard, L.S.
Caleb Braynard, L.S.
Elijah Braynard, L.S.
Hezekiah Braynard, L.S.
To Thomas Gates, acting in behalf of his wife Hannah (only daughter to our hond. father) 50 acres of land bought of Mr. Blackleach, on the north side of Haddam bounds in Colchester bounds more, in personal or moveable estate. Total, œ45-10-00.
Court Record, Page 253--14 April, 1715: Adms. granted to Daniel and Hezekiah Brainard jointly. They exhibited an invt. of sd. estate and also an agreement for a division of the estate, which was accepted by the Court.