Records & photos · Wills and probate
Middlesex County, Mass., probate register, 'Nath. Oake's Real Estate Settled' (division of the real estate of Nathaniel Oak of Westborough), register pp. 499-500 (film 007554526, image 277). Left and right pages of a spread. The lower part of p. 500 carries the Oak entry: marginal heading 'Nath. Oake's Real Estate Settled', then the commission of 7 April 1729 (Jonathan Remington, Judge of Probate; Fra. Foxcroft, Register) to John Banister of Marlborough and James Eager, Daniel Warren, James Ball and Jonathan Goodenow of Westborough to appraise and divide the real estate of 'Nathaniel Oak late of said Westborough deceased Intestate', 'it being Supposed that Mary the widow hath quitted her thirds', two shares to Nathaniel Oak the eldest son and six equal shares among the other children; and the opening of the commissioners' return (home place, 660 pounds).
Image · dated 7 Apr 1729 · source: FamilySearch, Probate records 1648-1924 (Middlesex County, Massachusetts), film 7554526, image 277.
Transcription
Word-for-word transcription (spellings kept; uncertain letters in brackets).
To Mess^rs John Banister of Marlborough Jam^s Eager Daniel Warren
James Ball & J[blot]nathan Goodenow all of Westborough in the County of
Middlesex within the Province of the Massachusetts Bay in New En-
-gland and Sufficient Freeholders Greeting. —
Pursuant to the Power and Authority to me given in and by the Laws of s^d Pro-
-vince I do Authorize and appoint you the abovenamed five Persons a Comittee
to apprize the Real Estate of Nathaniel Oak late of s^d Westborough deceased In-
-testate whereof he dyed Seized and possessed in the County aforesaid each Peice & Par-
-cel by it Self with their common names & Distinction Quantity of Acres Butts &
bounds at the present true value thereof in Bills of publick Credit of the afores^d
Province all in words at length. — When you have thus perfected your In-
-ventory you are (it being Supposed that Mary the widow hath quitted her thirds)
to divide the s^d Estate as follows Viz^t Two Shares thereof unto Nathaniel Oak
the s^d Dec^d's Eldest Son the Residue to and among the s^d Dec^d's other Children
in Six Equal Shares to be divided And what you Sett off to each or either of the
said Children describe and value as distinctly and fully as in your first In-
-ventory That to Each ones dividend may be certainly known. When you
go about your work Let all Parties Concerned have notice thereof. —
And if any dispute arise about the number of acres you may procure an
Artist for the Survey thereof And if all Concerned are Satisfied with your
proceedings let them Signify the Same by Countersigning your names. —
And if any of the Heirs at law have had any Thing in Advance of the Inter-
-state towards their Portions Signify the same to me and how much Each one
has had. Finally Seal up this Commission with your doings thereon &
Return the same with all convenient Speed into the Register's Office by some
or one of your Selves, & note your Particular Charges. In Testimony where-
-of I have hereunto Set my hand & affixed the Seal of the Probate Office
for the County afores^d this Seventh Day of April in the year of our Lord 1729.
By order of the Judge Jon^a Remington Jd. prob.
Fra: Foxcroft Regr. Entred [?by?] Fras Foxcroft Regr & Examined
[margin, right: Commissioners / Return]
To Jonathan Remington Esq^r Judge of Probate of Wills for the County
of Mid^dx. — Honoured S^r in observance of your Commission we have
apprized the Real Estate of Nathaniel Oak, late of Westborough Dec^d And we
find it to amount to Eight hundred pounds. And the Several Peices are as follows
The Home Place where the dwelling House Stands and the Lands adjoyning to
it only parted by Highways Three hundred fifty Six acres; Six hundred &
Sixty pounds £ 660 —
[continues on p. 501, image 278]
Note: only the Nathaniel Oak entry on this page is transcribed.
How it is shown: Complete image; no crop, no retouch, no search highlight. The image also shows an unrelated estate settlement (Maj. Wade, 1730) on the same spread.
Keep in mind: The blotted given name before 'Goodenow' is read Jonathan (confirmed from the signature line on image 279). The upper part of the spread (p. 499 and the top of p. 500) is a different estate (Maj. Wade's widow's third, 1730) and is not the Oak family. The margin mark 'L8' is unexplained. 500 to the upper part of p. 503 and that p. 499 and the top of p. 500 are another estate.
