USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 34
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Upon the memorial of Benajah McCall, of Hancock in the county of Berkshire in the State of Massachusets Bay, now in the State of Connecticut, shewing to this Assembly that in the year 1768 he was lawfully married to Abigail Comstock, of Lyme in New London county in this State, and that in the year 1772 by the death of Ichabod Com- stock of said Lyme, brother to your memorialists said wife Abigail, a small estate in land fell to said Abigail and to her brother .Jesse Com- stock of said Lyme as joint owners of the same, as they were next and only heirs to their deceas'd brother Ichabod, of about 20 acres of land, and that in the year 1772, after the death of said Ichabod, the memo- rialist and his said wife Abigail voluntarily agreed with and sold to the said Jesse Comstock all the said land lying in said Lyme descend- ing to said Abigail in manner aforesaid, being about ten acres, and received the principal part of the pay therefor and security for the remainder, and that before the memorialist and his said wife Abigail had opportunity jointly to execute a deed of said land to said Jesse Comstock the memorialist's said wife died, by which providence he is. now incapable of conveying the fee of said land to said Jesse Comstock ; praying this Assembly to impower him to make a deed of sale of said land so as to pass the fee thereof to said Jesse Comstock, as per memorial on file &c. : Resolved by this Assembly, that the memorialist be impowered and he is hereby impowered, to make a deed of sale of said land passing the fee of the same to said Jesse Comstock.
Upon the memorial of Huldah Porter and Moses Forbs, adminis- trators on the estate of Joseph Porter late of Hartford deceas'd, shew- ing that the debts and charges due from the estate of Joseph Porter late of Hartford deceas'd, with necessaries set to the widow, exceed the moveable estate £146 0 S, L. money, and that they have no moveable estate to pay the same; praying for liberty to sell real estate sufficient to pay said sum, as per memorial on file : Resolved by this Assembly, that the memorialists have liberty and they are hereby im- powered to sell so much of said real estate as will procure said sum of £146 0 8, L. money, with incident charges arising thereon ; tak- ing the direction of the court of probate in Hartford district therein.
291
OF CONNECTICUT.
1777.]
Upon the memorial of the inhabitants living on the west tier of lots in the town of New Hartford, shewing to this Assembly that some years past the inhabitants living on said lots of land were set off and adjoined to the military companies or trainbands in Torringford society ; that they have faithfully attended their duty in said com- pany but at this day labour under many inconveniencies in the same, and therefore pray this Assembly they may return to military duty with the company in New Hartford : It is therefore resolved by this Assembly, that the inhabitants upon said west tier of lots in New Hartford be and they are hereby annexed to the companies in New Hartford : those belonging to the alarm list company to the alarm list in New Hartford, and those that belong to the militia company to the south company or trainband in said town of New Hartford.
Upon the memorial of the first battalion of volunteers commanded by Colo. Noadiah Hooker, shewing that in December last upon the in- vitation of the General Assembly they engaged in the service for two months, equipt themselves with arms &c .; praying that some reason- able allowance may be made them as a premium &c., as per memorial on file : Resolved by this Assembly, that the sum of twenty shillings be given to each non-commission officer and soldier that engaged for two months and faithfully served out the time in said battalion, and that the Committee of Pay-Table draw orders for the same accordingly.
On the memorial of Hannah Emerson, administratrix on the estate of James Emerson late of Glastonbury deceas'd, for liberty and au- thority to sell of the real estate of the said deceas'd to the value of£36 1 43, L. money, and charges, as per memorial on file &c., to discharge the debts due from said estate : Resolved by this Assembly, that the memorialist have liberty and authority, and it is hereby granted, that she sell of the real estate of the said deceas'd to the value of £36 1 42, L. money, to enable said administratrix to discharge said debts and charges, together with necessary charges arising on the sale thereof ; taking the direction of the court of probate in the district of Hartford in the sale of said estate.
Upon the memorial of William Chamberlain, Thomas Kimberly, Elijah Smith and Josiah Hale, listers of the town of Glastonbury for the year 1776, shewing to this Assembly that many of the inhabitants of Glastonbury were in the service at New York in August and Sep- tember last, by means whereof their lists were not given in, and that said listers not having any rule to know their lists by did set the lists of rateable estate of said inhabitants then absent too high, to the amount of £308 5 0, over and above the true sum ; praying that the same may be abated &c .: Resolved by this Assembly, that the sum of £308 5 0 be abated on the list of the town of Glastonbury as sent in for August, 1776; and the Treasurer is directed to conform himself to
292
PUBLIC RECORDS
[May,
the same accordingly : the said town of Glastonbury repaying to the Treasurer the school money receiv'd by them on said surplus sum of £308 50.
Upon the memorial of Charles Mather, of New Hartford in Litch- field county, administrator on the estate of Jonathan Keley jun", late of Farmington in said county, deceas'd, shewing to this Assembly that the debts &e. due from said estate surmount the personal estate the sum of £111 6 6, L. money ; praying for liberty to sell so much of the real estate of said deceas'd as to raise said sum &c., as per memorial on file : Resolved by this Assembly, that the memorialist be and he is hereby impowered to sell so much of the real estate of said deceas'd as to raise said sum of £111 6 6, L. money, with inci- dent charges arising thereon ; taking the direction of the court of pro- bate for the district of Litchfield therein.
Upon the memorial of Ruth Gibbs, of Litchfield in Litchfield county, administratrix on the estate of Eliakim Gibbs late of said Litchfield deceas'd, shewing to this Assembly that the debts &c. due from the estate of said deceas'd surmount the personal estate of said deceas'd the sum of £51 6 2, L. money ; praying for liberty to sell so much of the real estate of said deceas'd as to raise said sum of £51 6 2, as per memorial on file: Resolved by this Assembly, that the memorialist be and she is hereby impowered to sell so much of the real estate of said deceas'd as to raise said sum with the incident charges arising thereon ; taking the direction of the court of probate for the district of Litchfield therein.
Upon the memorial of Patience Baldwin, of Goshen in Litchfield county, administratrix on the estate of Asahel Baldwin of said Goshen, deceas'd, shewing to this Assembly that the debts due from said estate surmount the personal estate of said deceas'd the sum of £31 7 4, L. money, and that the real estate of said deceas'd is but very small, and so situated as that a part of the same cannot be disposed of without the whole, and praying for liberty to sell the whole of said real estate &e., as per memorial on file : Resolved by this Assembly, that the memorialist be and she is hereby authorized and impowered to sell and dispose of the whole of the real estate of said deceas'd, under the direction of the court of probate for the district of Litchfield, and the overplus, if any, to be improved for the best advantage of the heirs.
Upon the memorial of Samuel Holden Parsons, Esq", shewing to this Assembly that in April, 1775, the memorialist, together with Colo. Samuel Wyllys, Mr. Silas Dean and others, did undertake the sur- prizing and seizing the enemies post at Ticonderoga without the knowl- edge of the Assembly, and for that purpose did take a quantity of
293
OF CONNECTICUT.
1777.]
money from the treasury, for which they gave their promissory receipts, and that the whole of said moneys were expended in said service; praying that said receipts may be cancelled or given up, as per memorial on file : Resolved by this Assembly, that said receipts given as aforesaid be delivered up to the memorialists or some of the persons who executed them, to be cancelled, upon their exhibiting and lodging with the Committee of Pay-Table the accounts and vouchers of their disposition and expenditure of the sums contained in said receipts, which are as follows, viz : One receipt dated 15th May, 1775, for £10 0 0, signed Samuel Bishop, jun', William Williams and Samuel H. Parsons ; one receipt dated 28th April, 1775, for £200. signed Thomas Mumford, Samuel H. Parsons, Silas Dean and Samuel Wyllys; one receipt dated same 28th of April, 1775, for £100 0 0, signed Thomas Mumford, Adam Babcock, Samuel H. Parsons and Silas Dean ; and also one other receipt dated May 17th, 1775, for £500 0 0, signed Joshua Porter, Thomas Mumford, Jesse Root, Ezekiel Williams, Samuel Wyllys and Charles Webb. And it is further resolved, that the Committee of Pay-Table upon receiving the said accounts and vouchers of the expenditure of said monies charge the amount thereof to the continent, and that the amount of the sums contained in said receipts be allowed the Treasurer in account with this State on his delivering up said receipts pursuant to this resolution.
Upon the memorial of Josiah Allyn, of Windsor in Hartford county in said State, the only acting executor to the last will and testi- ment of Joseph Marsh late of said Windsor deceas'd, shewing to this Assembly that the debts and charges, with moveables set out to the widow of said deceas'd, surmount the moveables of said deceas'd the sum of £80 9 5, L. money, and praying to this Assembly for liberty to sell so much of the real estate of the said deceas'd as will raise said sum of £80 9 5, L. money, with incident charges arising on the sale thereof, as per memorial on file : Resolved by this Assembly, that the memorialist have liberty and liberty is hereby granted to the memorial- ist, to sell so much of the real estate of the said deceas'd as will raise said sum of £80 9 5, L. money, together with incident charges aris- ing on the sale thereof; taking the direction of the court of probate for the district of Hartford therein.
Upon the memorial of Charles Dayton and Mehitabel Dayton, ex- ecutors on the last will and testament of Capt. Michael Dayton late of Waterbury deceas'd, shewing to this Assembly that the debts and charges arising on the estate of said deceas'd surmount the moveable part of said estate the sum of £46 15 10, L. money, and that the said deceas'd made no provision in said will to sell real estate to pay the same ; praying for liberty and authority to sell so much of the real estate of the said deceas'd as will be sufficient to pay the sum afore- said with incident charges, as per memorial on file appears : Resolved
294
PUBLIC RECORDS
[May,
by this Assembly, that Capt. Thomas Fenn of Waterbury aforesaid have liberty and authority to sell so much of the real estate of said deceas'd as will be sufficient to pay the said sum of £46 15 10, with incident charges arising on such sale; taking the direction of the court of probate for the district of Woodbury therein.
Upon the memorial of Joseph Rider, administrator on the estate of James Richardson late of Willington deceas'd, shewing to this Assembly that the debts and charges and allowances against said estate surmount the moveable part of said estate the sum of £8 8 3, lawfull money, and praying for liberty to sell the whole of said real estate or so much thereof as to make said sum of £8 8 3, for the payment of said debts &c., as per memorial on file: Resolved by this Assembly, that the said administrator have liberty and he is hereby impowered, to make sale of so much of the real estate of the said deceas'd as to make said sum of £8 8 3, L. money, with the incident charges arising thereon; taking the direction of the court of probate for the district of Stafford therein.
Upon the memorial of John Welton, administrator on the estate of Benjamin Scott late of Waterbury deceas'd, praying for authority to sell so much of the real estate of the said deceas'd as will be sufficient to pay the said sum of £70 6 3, with incident charges, as appears by said memorial on file: Resolved by this Assembly, that the said John Welton be and he is hereby authorized and impowered to sell so much of the real estate of the said deceas'd as will be sufficient to pay the said sum of £70 6 3, with incident charges arising on such sale; taking the direction of the court of probate for the district of Wood- bury therein.
Upon the memorial of Elijah Calkins of Sharon, representing to this Assembly that he had before the first day of January last past made and manufactured two hundred and thirteen pounds and an half of saltpetre, and before that time applyed to two of the selectmen of said Sharon to have the same inspected, but necessary business pre- vented the same untill the 15th day of January, 1777, when the same was inspected and sent to the powder-mill at New Haven for the use of this State, when the same was on reinspection found good and clean, but because the same was not inspected before the first day of January, A. Dom. 1777, the Committee of Pay-Table could order payment of only one shilling premium per pound, whereas he ought to have received two shillings per pound as a bounty, the same being manu- factured before said first day of January; praying for payment of £10 13 6, as per memorial on file: Therefore resolved by this Assem- bly, that the Committee of Pay-Table be and hereby are directed to draw upon the Treasurer of this State to pay unto the said Elijah Calkins said sum of £10 13 6, as the remainder of the premium duc on said saltpetre by him manufactured as aforesaid.
295
OF CONNECTICUT.
1777.]
Upon the memorial of Thomas Bill, of Lebanon in the county of Windham, shewing to this Assembly that he, the said memorialist, in January, 1776, was appointed and commissioned a lieutenant in the continental army, and was joined to the company commanded by Capt. Benjamin Throop of Colo. Burrall's regiment and joined the army in the northern department, where the said memorialist contin- ued to do duty to good satisfaction untill about the 20th day of May following, at which time he was taken sick with the small pox in the natural way at the River Sorrell, and said regiment being on their march left said memorialist destitute either of hospital, physick or nurse, all which he was obliged to provide for himself at his own ex- pence, which cost him at least twelve pounds, L. money, for which he hath 'received no pay or allowance &c .; praying to this Assembly for their tender consideration on the premises and pay for said expences &c. : Whereupon it is resolved by this Assembly, that the memorialist be paid the sum of twelve pounds, and the Treasurer is hereby ordered to pay the same accordingly.
Upon the memorial of David Seely, of Stratford in Fairfield county, administrator on the estate of Israel Seely late of said Stratford deceas'd, shewing to this Assembly that the debts and charges exhibited and allowed by the court of probate for the district of Fairfield against the estate of said deceas'd surmount the personal inventoried cstate of said deccas'd the sum of £90 12 2, L. money, to pay which the said administrator hath no assets in his hands; praying for liberty to sell so much of the real estate of said deceas'd as shall be sufficient to satisfy the said sum of £90 12 2, together with the cost and charges of sale: Resolved by this Assembly, that liberty be granted and liberty and authority is hereby granted to the said David Seely, to sell so much of the real estate of said deceas'd as shall be sufficient to satisfy said sum of £90 12 2 and the charges of sale; taking the direction of the court of probate for the district of Fairfield therein.
Upon the memorial of Abigail Spencer, administratrix on the estate of Samuel Spencer late of Haddam in the State of Connecticut, deceas'd, shewing to this Assembly that the debts and charges due from said estate surmount the moveable part thereof the sum of £44 11 74, and thereupon praying for liberty to sell real estate, as per memorial on file, dated 5th May, 1777 : Resolved by this Assembly, that the memorialist have liberty, and liberty is hereby granted her, to sell so much of the real estate of said deceas'd as will procure the aforesaid sum of £44 11 72 together with the incident charges aris- ing on such sale; taking the direction of the court of probate for the district of Midletown therein.
On the memorial of Stephen Judd, administrator on the estate of Daniel Judd late of Waterbury, deceas'd, shewing to this Assembly
296
PUBLIC RECORDS
[May,
that the debts and charges arising against the estate of said deceas'd surmount the moveable part of said estate the sum of £38 13 7, L. money ; praying for authority to sell so much of the real estate of the said deceas'd as will be sufficient to pay the sum aforesaid with inci- dent charges, as appear by said memorial on file: Resolved by this Assembly, that Timothy Judd, Esq', of Waterbury aforesaid, be and he is hereby authorized and directed to sell so much of the real estate of the said deceas'd as will be sufficient to pay the said sum of £38 13 7, with incident charges arising thereon; taking the direction of the court of probate for the district of Woodbury therein.
Upon the memorial of Eli Mygatt, John McLean and others, select- men of the town of Danbury in Fairfield county, shewing to this Assembly that the enemy in their late incursion into said Danbury amongst other things burnt and destroyed the public records of said town, whereby they apprehend great damage and inconvenience may arise to the inhabitants and others interested therein unless some timely remedy be provided them ; praying the attention of this Assem- bly in their unhappy case, and that a committee be appointed to en- quire into the particular circumstances attending the same : Resolved by this Assembly, that Daniel Sherman, Colo. Nehemiah Beardsley, Capt. Increase Mosely and Mr. Lemuel Sanford, or any three of them, be appointed a committee to repair to said Danbury as soon as may be, first notify the inhabitants of said town, and there by all lawfull ways and means enquire into and ascertain the right of every man, and make report of their doings in the premises to the next General Assembly of this State.
Upon the petition of Jonathan Hart against Jerusha Clark, admin- istratrix on the estate of Mr. Samuel Clark late of Kensington deceas'd, shewing that he is imprisoned by said Jerusha on an execution for about £800 0 0, L. money ; that said Samuel and the petitioner were in partnership in trade, out of which said execution arose; that said Clark denyed said partnership, and that the petitioner is able to evince it, and that upon a just settlement the greater part of said execution will be found not due ; further representing that the petitioner is in- solvent and engaged in the service ; praying for an act of insolvency &c. as per memorial on file ; and the petitioner having disclosed upon oath his estate, the inventory of which amounts to £370 11 03, and has made an assignment thereof in common form to Colo. Isaac Lee jun" and Stephen Norton, both of Farmington, assignees for the bene- fit of his creditors, who are hereby impowered to make deeds and other instruments necessary to execute their said trust, also to com- mence and prosecute unto final judgment and recovery any action in the law for the purpose aforesaid and the monies to pay to the credi- tors in due proportion &c .: Thereupon it is resolved by this Assem- bly, that the petitioner be released from his imprisonment and be
297
OF CONNECTICUT.
1777.]
forever hereafter acquit from any arrests or imprisonment for debts heretofore contracted, unless upon the final issue of said petition it shall be found that his estate is not insolvent; which petition the petitioner has liberty to prosecute without being prejudiced by any thing in this act.
Upon the memorial of Beach Tomlinson and Saral Lewiss both of Stratford, administrators on the estate of Ichabod Lewiss, Esq", late of said Stratford deceas'd, shewing to this Assembly that the debts due from said estate surmount the personal estate of said deceas'd the sum of £288 8 24; praying for liberty to sell so much of the real es- tate of said deceas'd as to raise said sum &c., as per memorial on file : Resolved by this Assembly, that the memorialists be and they are hereby impowered to sell so much of the real estate of said deceas'd as to raise said sum of £288 8 22, with incident charges arising thereon ; taking the direction of the court of probate for the district of Fairfield therein.
Upon the memorial of Reuben Beacher of New Haven, conservator of the person and estate of Ephraim Morriss of New Haven, repre- senting that from the 4th day of April, 1776 to the 4th day of April, 1777, he had expended for the support of said Morriss the sum of £20 8 1; that he had received for the rent of the land belonging to said Morriss the sum of £6 0 0; praying that he might be impowered to sell so much of the real estate of said Morriss as shall be sufficient to pay the sum of £14 8 1, being the ballance due to him, as per memorial on file appears : Resolved by this Assembly, that the memorialist have liberty, and liberty and authority is hereby granted unto him, to sell so much of the real estate of said Morriss as shall be sufficient to pay said sum of £14 8 1, together with the incident charge of such sale.
Upon the memorial of Anne Pierpoint, administratrix upon the estate of Mr. James Pierpoint late of New Haven deceas'd, represent- ing that the debts and charges due from the estate of said deceas'd surmount the moveable estate the sum of £166 3 8; praying for liberty to sell so much of the real estate of said deceas'd as shall be sufficient to pay said sum together with the incident charges of such sale, as per memorial on file appears : Resolved by this Assembly, that the memorialist have liberty, and liberty and authority is hereby granted unto the memorialist, to sell so much of the real estate of said deceas'd as shall be sufficient to pay said sum of £166 3 8, together with the incident charge of such sale ; taking the direction of the court of probate for the district of New Haven therein.
Upon the memorial of Capt. Joshua Huntington, the agent for building the continental ship in Norwich, shewing to this Assembly
298
PUBLIC RECORDS
[May,
that he wants a quantity of locust timber for trunnels, which may be had on the farm in New London formerly owned by Capt. Oliver, deceas'd, now owned by one Oliver of Boston, or Doct. Thomas Moffat, both of whom are with the enemies of these States ; praying for liberty to cut the needfull quantity &c., as per memorial on file : Resolved by this Assembly, that the memorialist hath liberty and the same is hereby granted to him, to take the needfull quantity of locust timber from said farm for the purpose mentioned, keeping an account thereof at apprizal of the carpenters of said ship ready to be rendered when properly called upon.
Upon the memorial of Benoni Buttolph, administrator on the es- tate of Jonathan Buttolph senior, late of Symsbury in the said State, shewing that the debts and charges exhibited against the estate of the said deceased surmount the moveable estate of the said deceas'd the sum of £26 2 9, L. money, as per memorial on file dated 16th of May, A. D. 1777 ; praying this Assembly to grant liberty to said memorialist or some other meet person to sell so much of the real estate of said deceas'd as may suffice to pay and satisfy the aforesaid sum of £26 2 9, L. money, with the incident charges arising on said sale: There- fore resolved by this Assembly, that the memorialist have liberty and is hereby authorized, to sell so much of the real estate of said deceas'd as shall pay and satisfy the aforesaid sums with the incident charges arising on said sale; taking the direction of the court of probate for the district of Symsbury therein.
Upon the memorial of the selectmen of the town of Ridgfield, representing to this Assembly that the enemy in their late incursion to Danbury on their return passed through said Ridgfield and burnt many dwelling-houses and other buildings therein, killed and carried off many of their cattle, and plundered the inhabitants of all their provisions and much of their cloathing, whereby such a number of the inhabitants of said Ridgfield are reduced to indigence, poverty and an inability to provide for their necessities as that said town cannot afford them adequate relief ; praying this Assembly to take their case into their consideration and make provision accordingly : Resolved by this Assembly, that Increase Mosely, Daniel Sherman, Nehemiah Beards- ley and Lemuel Sanford, Esq's, or any three of them, be a committee to estimate the losses of every individual in said town of Ridgfield in consequence of the hostile measures of the British troops in their late progress through said town, and report make to this or some future Assembly, so that the real loss the unhappy sufferers have sustained by the desolations and ravages of our merciless enemies may thereby be clearly known and such representation made thereof and attention given to the condition of the unfortunate as any future Assembly may think proper .*
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