The Rogerenes: some hitherto unpublished annals belonging to the colonial history of ConnecticutBolles, John R. (John Rogers)
History
The Rogerenes: some hitherto unpublished annals belonging to the colonial history of Connecticut
Bolles, John R. (John Rogers)
Rogerenes -- History
At this crisis, Captain James comes to the rescue, evidently by aid
and advice of his son James, the young lawyer. A method is devised
by which the irregular claims may be thwarted and, at the same time,
the testator’s request in regard to legal proceedings on the part of
any of his children be respected.
The first indication of the above intention is found in June of this
year, when Captain James makes over to his son James all interest
which he himself has in “all the moveable estate” left by his
father.
The next step is for James, Jr., to enter complaint (July 13) at the
Probate Court that the settlement of the residue (“moveables”) of
his grandfather’s estate—after the death of the widow—has not been
attended to by “the formality of the law.” Being himself interested
in the estate, he desires that “such methods may be taken _as the
law directs_.” The court, upon consideration of this enigma, finds
that the estate was to be settled not by legal form, but by
agreement among the children to John’s executorship, as approved by
the General Court. The Probate Court, therefore, declines to meddle
in the matter.
James, Jr., now enters complaint, at the Superior Court, that John
Rogers and Bathsheba Fox, administrators on the estate of James
Rogers,
“have not administered thereon according to the order of the law,
and have not ever yet made and exhibited in the Court of Probates,
and recorded there, any inventory of said estate; but dispose
thereof at their own will and pleasure without giving account.”
The manner of administration of John and Bathsheba regarding the
movables and lack of exhibition of any inventory of same to the
court, have been in entire accordance with the direction of the
testator. Moreover, had James Rogers, Jr., held to the mode of
division directed in the codicil, his share would be much larger
than by the method now being sought. An ulterior motive is evident
from the start. The court undoubtedly understands the full meaning
of this outwardly peculiar procedure on the part of James, Jr.
The Superior Court directs the Probate Court to issue a writ
summoning John and Bathsheba to render an inventory, etc.,
“according to law,” and if they do not appear, then the Court of
Probate shall grant letters of administration to James, Jr., “or
some other person,” “to the end that a just division be made.”
Public-domain text, read in full here on John Shaqi.
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