Amanuensis Monday — Nomination of Guardian and Bond to Sell Real Estate for Minor Children of Benjamin Seaver (1757-1816)

This week’s paperwork for transcription are the 1816-1817 guardianship information for the 5 minor kids of Benjamin Seaver (1757-1816) of Westminster, Worcester County, Massachusetts:

[Probate Estate File 52,907, image 14 of 15] – Nomination:

[Probate Estate File 52,907, image 12 of 15 – Bond of Guardianship]:

The transcription of the information is (handwritten phrases in italics):


[Probate Estate File 52,907, image 14 of 15 – Nomination]:

Know all males by these presents that we
Silas and Martha Seaver minors above
fourteen years of age.  Kids of Benjamin
Seaver late of Westminster within the County
of Worcester Deceased have named ordained and made
and by these presents do put and represent
Heman Ray of mentioned Westminster to be our

Guardian with full energy and authority for
to Demand in our names and to make use of to ask, Demand
Sue for get well, obtain, and take into his
possession and Custody, all and Singular such
could also be coming to us as heirs to the Property
of our late Mentioned father or which by some other
means or means In anyway doth of proper
appertain to or belong to us and to handle
Make use of and enhance the identical for us to the
Finest benefit and revenue Throughout our minority
and to Do all and no matter could also be mandatory in and
in regards to the premises as totally and Effectually to all
intents and functions as we’d or might do carry out
being of full age; praying that he could also be accordingly
accepted into the identical energy and belief; in testimony
Whereof we’ve got hereunto Set our arms and
Seals this Thirtyeth day of September AD 1816.
Sealed and and Delivered                 Silas Seaver
in presence of                                     Martha Seaver
Witness Benjamin Seaver

[Probate Estate File 52,907, image 12 of 15, Bond of Guardianship]:

Know all males by these
presents, That we Heman Ray yeoman
Alexander Duntin Esq’r and William Edgell
Gentleman all of Westminster 
within the County of Worcester and Commonwealth of Massachusetts, are holden and stand
firmly sure and obliged unto  Nathaniel Paine  Esquire, Decide 
of the Probate of Wills, &c. throughout the County of Worcester, within the sum of  ten
thousand {Dollars}, to be paid unto the mentioned  Nathaniel Paine  his suc-
cessors in mentioned Workplace, or assigns.  To the true cost whereof, we do bind ourselves,
and every of us, our, and every of our heirs, executors and directors, collectively and sev-
erally, for the entire, and in the entire, firmly, by these Presents.  Sealed with our Seals.
Dated the  26’th   Day of   September    Anno Domini
One thousand eight hundred and Seventeen.

The Situation of this Obligation is such, that whereas the
above bounden   Heman Ray   in capability of  Guardian
of Martha, Silas, Isaac, Rozilla, & Mary Jane
Sever minors —

on the Supreme Judicial Courtroom   holden at Worcester,
inside and for mentioned county, on the   fourth Tuesday
   in September 1817   obtained license to make sale   
of the true property of mentioned Minors, the proceeds to be put
out and secured on Curiosity for his or her Profit accord-
ing to Regulation.

Now, subsequently, if the mentioned   Heman Ray   
shall, in all issues regarding such sale, govern   himself   by the
Legal guidelines of mentioned Commonwealth, in order that the curiosity of   mentioned minors   
shall be  finest secured; and, furthermore, shall effectively and really apply
the proceeds of such sale (or a lot thereof as shall be mandatory) for the aim afore-
mentioned, and for the overplus shall be accountable to   mentioned Minors or their authorized repre-
sentatives  and thereof, and of   his  complete proceedings on the Premises, shall ren-
der, upon oath, a simply and true account to the Decide of Probate, in the interim, of
the identical County, when and so typically as   he   shall be thereunto lawfully required;
then the above written obligation to be void, in any other case to abide in full pressure and advantage.

Signed, Sealed and Delivered                           Heman Ray
in Presence of                                                     Theo’s Duntin
Theoph’s Wheeler                                              William Edgell

I,   Heman Ray   do swear that in disposing of the Property currently
belonging to   Martha, Silas, Isaac, Rozilla & Marty Jane Sever  
now deceased,     will use   my   finest ability and judgment in fixing on the time and
place of sale, and that   I  will exert   my   utmost endeavours to get rid of the identical
in such method as will produce the best benefit to all individuals therein,
and that with none sinister views no matter.
                                                                                     Heman Ray
Worcester, ss.   Sept 26, 1817
                          Sworn earlier than     Theoph’s Wheeler   Jus Pacis.
                                     Examined  Sept 26, 1817

The supply citations for this probate file is:

Worcester County, Massachusetts, Probate case information, Probate Packet #52 907, Martha Sever et al of Westminster guardianship, 1817; “Worcester County, MA: Probate File Papers, 1731-1881,” digital pictures, New England Historic Genealogical Society, American Ancestors (http://www.AmericanAncestors.org: accessed 2 January 2016).

This probate packet is particularly for the guardianship of the 5 minor kids, listed as “Martha Seaver et al” as a result of the oldest minor is Martha Seaver.  There are separate probate packets in Worcester Probate courtroom for Benjamin Seaver (1757-1816) and Martha (Whitney) Seaver (1764-1832).
The weblog publish, Amanuensis Monday – the Probate of Benjamin Seaver’s (1757-1816) Estate (31 Might 2010) summarizes the probate file of the deceased Benjamin Seaver (1757-1816) who died intestate on 20 June 1816.  He and his spouse, Martha (Whitney) Seaver (1764-1832) had ten kids, however the youngest 5 have been minors when Benjamin Seaver died in 1816.  Within the probate file, the 5 minor kids got equal shares of the house lot (in Gardner and Westminster) amounting to 104 acres of land.  

Within the Nomination paper, Martha Seaver and Silas Seaver, being minors over 14 years of age, nominated Heman Ray to be their guardian on 30 September 1816, and he posted a $10,000 bond and accepted the accountability on 15 October 1816 to be the guardian of the 5 minor kids.  Massachusetts legislation on the time permitted minor kids over age 14 to appoint a guardian to deal with their authorized affairs.   Within the Bond to Promote Actual Property, Heman Ray posted a $10,000 bond with two different sureties to promote the property of the 5 minor kids.  The deed of sale was posted in Amanuensis Monday — 1818 Deed of Heman Ray to Benjamin Sever (1791-1825) in Gardner, Massachusetts (posted 10 Might 2021).
Benjamin Seaver (1757-1816) and Martha Whitney (1764-1832) are my 4th great-grandparents, and Benjamin Seaver (1791-1825) and Abigail Gates (1797-1867) are my third great-grandparents by their son Isaac Seaver (1823-1901).  

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NOTE: Genea-blogger John Newmark (who writes the superb TransylvanianDutch weblog) began a Monday weblog theme years in the past referred to as “Amanuensis Monday.” John gives this definition for “amanuensis:”

“An individual employed to jot down what one other dictates or to repeat what has been written by one other.”

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