Need help interpreting MA Early Probate/Division of Estate from 1728/1742

+3 votes
144 views

So how long might it take to settle an estate?  Could it possibly take 17 years??

  • The Division of the Estate for Elihu Warfield is filed in 1744.  The first third is set off to Sarah Sprague the wife of William Sprague.  Although I didn't see her referred to as relict or widow, based on the portion of the estate, I'm assuming that she was, and she has remarried, and that she is not a daughter of Elihu.
  • *There is a record of a marriage between William Sprague and Sarah Warfield but it is in 1732, but this is obviously long before the 1744 Division of property.
  • *There is also probate for an administration of an intestate estate for Elihu Warfield 26 Oct 1727, widow's name Sarah. Although he is referred to as Elihu Warfield, weaver and not husbandsman.
  • Guardianship of his son Elihu was appointed in 1737 at age 14, indicating Elihu, Sr. must had died before 1744.

It looks like to me its the same Elihu, and that he died in 1727, his widow Sarah remarried in 1732, and the estate wasn't settled until 1744. Elihu the son did marry in 1744, so perhams that was the catalyst to finally completing it?

But I would like some other input as it does seem like an exceptionally long time to settle an estate.  

WikiTree profile: Elihu Warfield
in Genealogy Help by M Cole G2G6 Mach 9 (91.8k points)
edited by M Cole
That's not uncommon under the old dowry rules. Usually, the estate wasn't completely settled until the widow died or remarried.

1 Answer

+3 votes
1744 Settlement.  If you read page 5 Sarah Sprague, wife of William got one third part. Then end of p 5-  eldest son Elihu's share  to p. 6 - first paragraph - the ending sentence says this piece is bounded by the ''widow's third's afore described''.  Meaning Sarah Sprague received the widow's share.
This division is excellent as it also gives the daughters married names, and their spouses, which matches their names on his profile.
Elihu also is noted guardian to his brother Job -  In 1643, Elihu was appointed guardian to Job age 18.  https://www.americanancestors.org/databases/worcester-county-ma-probate-file-papers-1731-1881/image?pageName=61904:3&
by Chris Hoyt G2G6 Pilot (877k points)
Thank you.  I just wanted to be sure. Elihu is often shown with a  c1744 death date because of the settlement, but that didn't make sense with his widow remarrying (as it turns out twice after he died).

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