NATHANIEL MERION

NATHANIEL MERION - 1797 WILL

[Norfolk County Probate # 12696]

transcribed by John Mickle

The following is the will of Nathaniel Merion of Stoughton. Nathaniel was the son of William Marion and Thankful Withington of Boston, Mass. Nathaniel was born in Boston 8 September 1749 . His exact date of death is not known, however, it is sometime listed as before 11 January 1797 . His oral (nuncupative) will is dated 11 January 1797 . Usually the will is written after the oral testimony is given so listing the date of death as before 11 January 1797 is probably correct. Nuncupative wills are usually considered death bed declarations. There are also usually at least two witnesses. This will is very short and not very detailed and does not have either Nathaniel’s signature or his “Mark”. The estate administration portion of this file contains more details than the will. The will is filed as case number 12,696 in the Norfolk County Probate Records. I have tried to transcribe this will as accurately as possible using the spelling and punctuation as it appears on the original will. Any personal comments or annotations that I make will be enclosed in <arrow brackets>. My document retrieval service made the following comments: These are the best possible photocopies. The original is very fragile and in poor condition.

[1.]

January the 11^th 1797

Mr. Nathaniel Merion Declared it his Will to give to his Sons the following sums ove <over?> & above an equal Shair in his Estate (Viz.)

To Elijah Merion £ 60

To William Merion <£> 30

To Nathaniel Merion <£> 30

To David Merion <£> 30

And that his Estate be Divided according to Law as Intestate among his Widow and Children after the above <S.? – (Specified?)> Sums are paid to his 4 sons as afore said & called upon Elizabeth Merion, Esther Merion & Samuel Talbot to Witness to the above as his Will & Testament.

[2.]

Norfolk , ss. To Lydia Merion and others interested in the estate of Nathaniel Merion, late of Stoughton , in said County, deceased, Greetings

Whereas a certain testament said to contain the substance of a nuncupative Will made by the said deceased has been presented to me for Probate; you are hereby cited to appear before me at the Probate Office in Dedham, on the first Tuesday of April next, at eleven of the clock in the forenoon, then & there to offer what you may think fit wither for or against the same.

Given under my hand the seventh day of March A.D. <1> 797

/s/ W. Heath, Judge of Prob<ate>

[3.]

Know all men by these Presents, That we, Lydia Merion of Stoughton in the County of Norfolk in the Commonwealth of Massachusetts , widow a principal and Lemuel Gay and Samuel Talbot both of Stoughton in said County of Norfolk gentlemen as sureties

Are holden and stand firmly bound and obliged unto William Heath, Esq. Judge of the Probate of Wills and for granting Administrations within the County of Norfolk aforesaid in the sum of twenty thousand Dollars to be paid unto the said William Heath, Esq., his Successors in the said Office, or Assigns: To the true Payments whereof, we do bind ourselves, and each of us, our and each of our Heirs, Executors, and Administrators, jointly and severally, for the Whole and in the

Whole, firmly, by these Presents.

Witness our Hands and Seals. --- Dated the thirteenth Day of March, in the Year of our Lord One thousand Seven hundred and ninety Seven.

The Condition of this Obligation is Such, That if the above-bounden Lydia Merion – Executrix of the last Will and Testament of Nathaniel Merion late of Stoughton, yeoman, deceased, do make, or cause to be made, a true and perfect Inventory of all and singular the Goods, Chattels, Rights and Credits of said Deceased, which have or shall come to the Hands, Possession, or Knowledge of the said Executrix, or into the Hands, Possession, of any other Person or Persons for her; and the same, so made, do exhibit, upon Oath, into the Registry of the Court of Probate for said County of Norfolk, within three Months from the Date hereof; 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, or which at any Time after shall come to the Hands and Possession of the said Executrix or into the Hands and Possession of any other Person or Persons for her, do well and truly administer according to said Will: And further, do make, or cause to be made, a just and true Account of her Proceedings thereon, upon Oath, within one Year from the Date hereof; then the above-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 the Presence of

Witness to said Gay’s

And Talbot’s signing

/s/ George Wadsworth

/s/ <cut off on photo copy?> <cut off – probably also signed by Samuel Talbot>

<Children’s Guardianships>

[4.]

Know All Men by these Presents, that we Lemuel Gay Gentleman Samuel Talbot Gentleman

and Jesse Smith Gentleman all of Stoughton in the County of Norfolk & Commonwealth of Massachusetts

-------------- are holden and stand firmly bound and obliged unto William Heath, Esq., his Successors or Assigns, in the full Sum of twenty thousand Dollars -----------

to be paid unto said William Heath, Esq., his Successors or Assigns, in the Office of Judge of the Probate of Wills, and for granting Letters of Administration on the Estates of Persons deceased, in the said County of Norfolk: To the true Payment whereof, we jointly and severally bind ourselves, and our several and respective Heirs, Executors and Administrators, firmly, by these Presents. Sealed with our Seals. Dated the thirteenth Day of March, in the Year of Lord One thousand Seven hundred and ninety Seven.

The Condition of this Obligation is Such, That if the above-bounden Lemuel Gay who is nominated and allowed to be Guardian unto Elijah Merion Milly Merion & Lydia Merion Minors above the age of fourteen years ----- also William Merion Nathaniel Merion & David Merion Hannah Merion & Poly Merion <”Polly” is a common nickname for females named Mary. I think that this girl’s given name is Mary.> under fourteen years Children of Nathaniel Merion ----- late of Stoughton in the County of Norfolk deceased, shall and do well and truly perform and discharge the Trust and Office of Guardian unto the said Minors and that in and by all Things according to Law; and shall render a plain and true Account of his said Guardianship upon Oath, and all and Singular Such Estate as shall come to his Hand and Possession by Virtue hereof, and of the Profits and Improvements of the same, so far as the Law will charge him therewith, (when he shall be thereunto lawfully required), and shall pay and deliver what and so much of the said Estate as shall be found remaining upon his Account, (the same being first examined and allowed of by the Judge or Judges, for the Time being, of the Probate of Wills, &c. within the County of Norfolk aforesaid), unto the said Minors when they arrive at full Age; or otherwise, as the said Judge or Judges, by his or their Decree or Sentence, pursuant to Law, shall limit and appoint; then this Obligation to be void, otherwise to remain in full Force.

Signed, Sealed, and delivered,

In the Presence of us,

/s/ George Wadsworth /s/ Lemuel Gay

/s/ <signature cut off on photo copy?> /s/ Samuel Talbot

[5.]

Stoughton April the 3^rd <1>797

This certifies that Lydia Merion Wid. Of Nathaniel Merion deceased & Lemuel Gay in behalf of the Children of the said deceased have been Notified to appear at the Probate Court to be holden at Dedham on the first Tuesday of April, agreeable to the within Citation.

Attest /s/ Samuel Talbot

<Case #> 12,696

Citation before Probate of

Nathan’l Merion’s Nuncupative

Will Returned April 4, <1> 797

[6.]

<Case #> 12,696

Nathaniel Merion’s

Nuncupative Will

Filed March 7, <1>797

Proved April 4, <1>797

Norfolk SS. In Probate Court in Dedham , within and for the same County of Norfolk , on Tuesday the fourth Day of April, 1797

Ordered that Lydia Merion, who is appointed Executrix of the last Will of Nathaniel Merion, late of Stoughton , deceased, advertise Notifications of her being Executrix, as aforesaid, by posting the same up in some public Places at Stoughton , in said County, and by publishing it in the Independent Chronicle, printed in Boston within three Months.

Given under my Hand, the fourth Day of April in the Year of our Lord One thousand seven hundred and ninety seven.

/s/ W. Heath Judge of Probate

I Lydia Merion testify and declare, that I have caused Notification of my

Being Executrix of the Last Will

Of Nathaniel Merion

Late of Stoughton, deceased, to be posted at some public Places in Stoughton aforesaid: and also gave further Notice thereof, by causing the same to be published in the Independent Chronicle printed in Boston, within three Month from the time of my taking upon myself the Trust aforesaid, according to Order: And the following is a Copy of the original Notifications published as aforesaid. /s/ Lydia Merion

Norfolk SS At a Probate Court at Dedham , within the same County of Norfolk on the sixth Day June A.D. 1797.

Personally appeared Lydia Merion

Afore-named, and made solemn Oath to the Truth of the foregoing Affidavit, by her subscribed, before me, /s/ W. Heath Judge of Probate.

At the same Court, Ordered, That the foregoing Affidavit be filed and recorded.

/s/ W. Heath Judge Prob.

NOTICE is hereby given, that the Subscriber has been duly appointed Executrix of the last Will of Nathaniel Merion, late of Stoughton, in the County of Norfolk, yeoman, deceased, and has taken it upon herself that Trust, by giving Bonds, as the Law directs. And all Persons having Demands upon the Estate of the said deceased are required to exhibit the same; and all Persons indebted to the said Estate, are called upon to make Payment to <The rest cut off on photo copy?>

N.B. This Paper to be returned into the Probate Office, within seven Months.

[8.]

An Inventory of the Estate of Nathaniel Merion late of Stoughton in the County of Norfolk Deceased appraised upon oath by us the subscribers duly appointed to that Service by the Hon. William Heath Esq. Judge of Probate of Wills & for said County (Viz.)

The Homestead of said Deceased in Stoughton Estimated Doll<ars?> Cents

At 121 acres with the Buildings thereon 2300 = 0

the Kingsbury Lott so called containing 30 acres 525 = 0

about 4 acres in <Morses?> Meadow in Canton 130 = 0

about 3½ acres in the Fowl Meadow in Do.<ditto-Canton> 50 = 0

about 8 acres of Meadow in Easton 130 = 0

a pew in the Meeting House 26 = 0 Total of Real 3161 = 0

Personal Estate

His Wearing apparel Beds Beding &c 63 = 63

Houshould furniture such as chest chairs

Iron Wear Casks &c 42 = 54

Delph < Delft ?> Earthen Ware glass pewter &c 9 = 42

Library 2 = 30

Farming Utensils 94 = 62

Live Stock 400 = 50

Provisions Cydar <cider?> Hay &c 91 = 40

About 20 Cords Coal Wood 25 = 0

Total Personal Estate 729 = 41

Stoughton April 12, 1797

/s/ Samuel Talbot)

/s/ Jeremy Hixon) Appraisers

/s/ Lemuel Gay)

[8. & 9.]

Norfolk ss. At a Court of Probate held at Dedham in & for the County of Norfolk on the sixth day of June A.D. <1>797, Lydia Merion, Executrix of the Last Will & Testament of Nathaniel Merion, late of Stoughton in said County yeoman deceased, appeared & made oath that the foregoing is a true & <perfect?> Inventory of all the estate of said deceased which has come to her hands & knowledge & that if anything more shall appear, she will under an Account thereof, that it may recorded herewith.

/s/ W Heath Judge of Probate

12696

Inventory of Nath

Merion’s Estate

Exhibited June 6 <1>797

[10.]

Pursuant to a warrant to us directed by the Hon^orableWilliam Heath, Esq. Judge of Probate of Wills &c for the County of Norfolk – We the subscribers having been first sworn as the said warrant directs, have appraised all the Real Estate whereof Nathaniel Merian late of Stoughton in said County died seized and possessed within this Commonwealth two hundred ninety four square rods of said Estate lying in common with Mr. Luther Holmes, we first notified said Holmes and he attended at the day appointed, and agreed with us that there should be set off his, on to said Merion’s Estate / they lying adjoining / one rod and thirteen links wide one hundred ninety three rods and seventeen links long being the distance that said Holmes lot adjoins which we set by metes and bounds then proceeded to appraisement as follows/

/Viz./ first being the home place /so called/ about 120 acres $1725

2^nd. House and barn 500

3^rd. Kingsbury lot /so called/ lying a little North of the above said

Estate containing 26 acres 450

4^th Easton Meadow containing <8?> Acres 140

5^th Morse’s Meadow so called lying in Canton containing 4 Acres 100

6^th Fowl Meadow /so called/ lying in Canton containing 3 acres 111

7^th In the Rev. Mr. Richman’s meetinghouse a pew 24

_______

amounting in the whole to the sum of $3050

one third of which is $1016 ⅔

We then set off to Lydia Merion the widow of said Deceased for her Dower or third thereof 28 Acres and ¾ of the home place <grounds?> beginning at the Center of the front Door of the House running northerly thru the entry and middle of the chimney, to the said Chimney back of the north room, thence Easterly with the Petition between the north & east rooms until it comes to the easterly side of the summer that runs thru the middle back room so thru said room and three feet north of said house thence westerly on Door yard eight rods to town road, thence northerly on said road five rods and Seventeen links to Luther Holmes’ land, thence Easterly on said Holmes’ land eighty one rods & twenty links to Jeremiah Hixon’s land, thence southerly on said Hixon, Leonard & <J. Kinsley’s?> land fifty three rods & seventeen links to a stake and stones on a line between said third and Heirs; Thence Westerly on the Heirs to a Walnut tree at the end of the half wall sixty one rods and twenty one links, Thence Northerly to a stake and stones near a wall fifty one rods and three links, westerly on said wall to a stake and stones at the Center of the great doors of the barn nine rods & eleven links, Thence northerly thru the middle of the barn, thence to the Center of the door of the House first mentioned with all the buildings standing on the above defined third,

together with one third of the sellar under the other part of the house being the North Easterly part, also the Heirs have Liberty to <pass?> <and?> <repose?> thru, said third as occasion may require as also the widow, thru the two thirds, in the way that is usually improved, the widow and Heirs to have equal right to improve front door entry-way, stairs to the chambers of the house, door and stairs to the sellar <sic.>, barn floar, well, and door way to the road.

Norfolk , ss. At a Court of Probate, held at Dedham , in and for the County of Norfolk , on the third day of July, A.D. <1> 798. The foregoing being presented to me as the Report of the Committee appointed to set off to Lydia Merion, Widow of Nathaniel Merion, late of Stoughton, in said County deceased, intestate, her dower in the real estate of the said deceased, I hereby accept the same, and order that it be filed and recorded. – And I assign to the said Lydia Merion the estate set off to her in the foregoing report as her dower in the real estate of the said deceased, for her use and improvement during her natural life, in <a> manner as the Law directs.

Given under my hand and seal of office, this third day July, Anno Domini, <1>798.

/s/ W. Heath, Judge of Probate

[12.]

The buildings on said third appraised at $ 200.—

The 28…3 <⅔?> <acres?> < Lydia ’s dower share> of Homestead

as described 588. 66⅔

We then set off the 8 acres of Meadow lying in Easton 140.—

We then set off 3 acres of wooded land by metes and bounds of the southwesterly part of the home farm; bounded westerly and northerly on the land of Timothy Gay , Easterly and southerly between thirds and the Heirs, as the bounds are now fixed. 80.00

We then set off one third of her pew in Reverend? <David?> Richman’s meeting house in said Stoughton , being a third adjoining Charles Pages 8.

Amounting to the above sum $1016…66⅔

Stoughton September 10^th 1797

<Guardian's Statement>

[p. 13]

Stoughton April the 28^th 1798

This certifies that the subscribed guardian for the Children of Nathaniel Merion, deceased,

Have examined the account of Lydia Merion, administrator on said deceased estate, which she is about to present for Probate, and consent that it may be accepted by your Honnour.

/s/ Lemuel Gay

Honourable, Wm. Heath, Judge of Probate

[14.]

Guardian of Nathaniel Merion’s <(Children?)(Word is possibly missing on source document)>

<Auditor’s?> report to the account

Of the Admix <Administratrix>

July 3^rd <1> 798

[15.]

Lydia Merion’s Acct

July 3^rd <1> 798

12696

Account

<Execut?(rix)?> of Nath^l. Merion <(‘s) Estate?>

Allowed July 3^rd <1> 798

< Lydia ’s First Account>

[16.]

Sundry debts Bal. of George Furgusson $200—00

And others $929==41

And prays allowance for the following

Charges and payments (viz.) June charges $51 : 55

Doc. Adams Bills and others $68 : 68

<(Ao?)(Account of?)> the Appraiser for setting of thirds $17 : 70

Do paid sundry small debts $9 : 27

Sundry fees paid in Probate Office $7 : 44

For hay and Provisions consumed by the family $91 : 40

For Administrators $30 : 00

Boarding the appraiser $15 : 00

Cash paid William Savage $7 : 91

Do Nathan Drake $2 : 00

Do D Taylor $1 : 67

Do Jo. Kowins $6 :80

Do John Clap $4 : 50

Do Nath^l Gay $ : 80

Do Lem^l Drake $14 : 78

Do Ezek^l Tipen : 39

Do Eph^mMorse $1 : 45

Do Fabian Tipen $2 : 92

Do Abraham Jordan $1 : 00

Do Zebulon Waters : 75

Do Ralph Shepard $7 : 00

Do Calvin Marshal $4 : 32

Do John Swift $1 : 50

Do Josshua Wild $2 : 50

Do George Furgussen $2 : 00

Do Elijah Tipen $3 : 75

Do Elijhu Capen $9 : 85

Do Daniel Randal : 91

Do John Mears $1 : 25

Do Eze^l Tipin : 39

Do Ed^D Tissdale $2 : 00

Do Mary Merion $17 : 66

Do Seth Morton $2 : 22

Do John Athesters $24 : 60

Do John Capen $1 : 50

______

$417 : 46

< Lydia ’s first Account>

[17.]

Brot Over $417 : 46

Capt Fair Jonathⁿ Battles $11 : 25

Nath^lSmith $10 . 75

Nath^lMorton $2 : 50

Anna Merion $13 : 00

Milly Merion $50 : 00

Hester Merion $23 : 50

Do $4 : 00

Enoch Dickerman $1 : 00

John Bakes $12 : 03

Enoch Dickerman $2 : 58

Nath^lMorton $34 : 88

Do $18 : 65

Joseph Mirse for taxes $18 : 75

Cash paid sundry sums Maints $11 : 00

Do <Eyr?> Guild $5 : 04

Do David Mauamber $4 : 76

Ralph Shepard $1 : 85

Moses Billings $2 : 00

Ralph Pope $2 : 00

Nathan Fleming $2 : 00

Benj Dean $49 : 69

John Baker $7 : 64

______

$ 706 : 18

<$706.25>

Stoughton April 20^th <1> 798 /s/ Lydia Merion

Norfolk , ss. At a Court of Probate, held at Dedham, in and for the County of Norfolk, on this third day of July A.D. <1> 798, Lydia Merion, Administratorship in the estate of Nathaniel Merion, late of Stoughton, in said County, appeared and made oath that the forgoing account of her administration of the estate of the said deceased is true, and produced proper vouchers to support the same, whereupon I hereby deem the allowance …<cut off on the photo copy?>

^[18.]

The Second Account of Lydia Merion, Administratrix on the estate of Nathaniel Merion, deceased ---

The Accountant, Chargeth her self with the Balance of her first account --- $ 223.23

She hath Received of Sundry Persons wich were Indebted to said Estate --- $ 314.30

Also for the Rent of Part of R. Estate for 1798 --- $ 40.00

______

$577.53

And Prays allowance for the following Charges & Payments (Viz.) to Joseph Smith 2^nd David Lincoln & others $41.72

For her own time & Expense in Setling Accounts Jorney to Probate &c $21.50

_______

$63.22

Fees June <1> 799 & omitted before $4.10

_______

$67.32

Dedham June the 4^th 1799 /s/ Lydia Merion

577 = 53

63 22

________

534 = 31

[19.]

Norfolk , ss. To the Honorable The Justices of the Supreme Judicial Court , at any time or setting of the said Court in any County in this Commonwealth, or the Justices of the Court of Common Pleas for the County of Norfolk .

I hereby certify that the value of the real and personal estate of Nathaniel Merion, late of Stoughton, in said County of Norfolk, Husbandman, deceased is the same as appraised and exhibited into the Probate Office of the said County, is as follows, viz.

Real estate, three thousand one hundred & sixty one dollars; Personal estate Seven hundred twenty nine dollars and forty one cents; and the amount of debts and legacies against the estate, according to accounts presented on oath, is twelve hundred nineteen dollars and twenty cents.

I also certify that in my opinion it is necessary a part of t