Digest of the Early Connecticut Probate Records
Charles W. Manwaring,
Vol 3, p 268
Sergt. Samuel GATES, East Haddam. Died 31 Jul 1737. Invt. £848-12-06. Taken 12 Oct 1737, by Daniel BRAINARD, Jabez CHAPMAN & Daniel CONE.
This agreement, made the 7th day of December, 1737, being joyntly, severally & unanimously agreed to by the heirs & co-heirs & relict of Mr. Samuel GATES, late of East Haddam decd., by & with the consent of the guardians of the sd. heirs which are yet in their minority: First: That whereas, we, Samuel GATES, Stephen GATES, James GATES, & Jonah GATES, being the only surviving children male heirs, and Sarah GATES, Hannah GATES, Esther GATES & Mary GATES, the only surviving daughters and co-heirs of the estate of our honoured father, do hereby covenant and agree to and with our honoured mother Esther GATES, relict of the sd. decd., that after the debts due from sd. estate are paid she shall have & injoy 1-3 part of all the personal estate, and 1-3 part of all the real estate of the sd. decd., viz., the buildings, orchards, and lands, during her natural life. 2ndly: We, the aforementioned heirs of the estate of the sd. decd., do for ourselves & heirs agree that the sd. Samuel GATES shall have for his part and portion in and of the estate, the house, barn, orchards and homelott, bounded as appears on record, with all the priviledges & appurtenances thereunto belonging, together with 1-4 part of all ye right in undivided lands in East Haddam or elsewhere belonging to the estate, to him the sd. Samuel, his heirs and assigns forever, in full of his part of sd. estate. Thirdly: That the sd. James Gates shall have and hold to the use of himself and his heirs forever, for his part & portion, a certain tract or parcell of land in the first division in East Haddam, containing by estimation 60 acres, butted and bounded south on land belonging to Ensign Daniel CONE & Sergt. Bezellel BRAINARD, north on land belonging to Capt. Joshua BRAINARD and the heirs of Daniel BRAINARD, Jur., decd., east & west on a highway; and 1-4 part of all the right in the undivided lands in East Haddam or elsewhere belonging to the estate, with all the priviledges and appurtenances thereunto belonging, which is his share of sd. estate. Fourthly: That Stephen GATES shall have and hold to the use of himself & his heirs, for his portion of the estate, one tract or parcell of land lying in the Parish of Millington, in East Haddam, containing by estimation 75 acres, being butted and bounded as appears in the survey upon record, together with the 1-4 part of all the right in the undivided lands in East Haddam or elsewhere belonging to sd. estate, with all the priviledges and appurtenances thereunto belonging. Fifth: That Jonah GATES shall have and hold to the use of himself & his heirs, for his portion of the estate, one tract or parcell of land lying in the Parish of Millington, in East Haddam, containing by estimation 30 acres, being butted and bounded as appears in the survey upon record; also one tract or parcell of land containing by estimation 24 acres, be it more or less, being butted and bounded east on the land of Joshua GATES, south on land of Mr. HOSMER, west & north on common land; also one tract or parcell of land in the Cone Meadow, containing 6 acres by estimation, butted and bounded southeast on land of Bezeleel BRAINARD, southwest on the Great River, northwest on the land of William SCHOVILL, and east on the Cove; together with the 1-4 part of all the right in the undivided lands in East Haddam or elsewhere belonging to sd. estate, with all the priviledges and appurtenances belonging to the severall parcells of land agreed he should have. Sixthly: That Sarah, Hannah, Esther & Mary GATES shall, after all the debts due from sd. estate are paid, have all the personal estate belonging to the sd. deceased, to be equally divided amongst them, and set out by such persons as the Honourable Court of Probates in Hartford shall appoint, which moveable estate shall be their full part and portion, excepting 1-3 part of sd. personal estate, which shall be to thier honoured mother Esther GATES as aforsd. And the above named parties, for themselves and with the consent of their guardians which represent them, have given, granted and released unto each other the severall claims or demands that hey have or might have unto the estate aforesd., or any part of them, other thatn what in the above distribution, division or partition shall forever hereafter be and remain a full & final settlement of the estate. In witness whereof the parties to these presents have hereunto set their hands and seals this 7th day of Decementer and 10th day of January, 1737.
James GATES, L. S. | Esther X Gates, L.S. | Samuel GATES, L.S. | Jonah GATES, L. S. | Sarah GATES, L. S. | Stephen GATES, L.S. | Esther GATES, L. S. | Hannah GATES, L. S. | Mary GATES, L. S.
Court Record, Page 17 -- 6 Dec 1737: Adms. to Esther GATES, widow, & Samuel GATES, a son. Recog. £1500, with Bezaleel BRAINARD of Haddam. James GATES, age 16 years, chose his mother Esther GATES to be his guardian. And this Court appoint the widow guardian to Jonah GATES, age 12 years. Recog. £200. Stephen GATES, age 14 years, son of Samuel GATES, chose his brother Samuel GATES to be his guardian, Recog., £100.
Page 20 -- 7 Dec 1737: Agreement exhibited in Court, accepted and ordered to be recorded and kept on file.
Page 37 -- 5 Dec 1738: A discharge by the heirs, viz., Sarah GATES, Mary GATES, Esther GATES, Thomas SMITH & Hannah SMITH alias Hannah GATES, to their mother Esther GATES & Samuel GATES, Adms., having received the sum of £113 money.