• "Probate Records: Thomas Bennett, 1704" (Connecticut, Wills and Probate Records, 1609-1999).

• Type: Probate
• Category: Original

• Publisher: Connecticut, Wills and Probate Records, 1609-1999

Thoms Bennit son being deceased and dieing intestate an inventory of his Estate being Exhibited to ye Prerogative Court held in Fairfield June 29 : 1704 in order to a setlment this Court do approve ye sd inventory and do order it to be recorded and ye cause do appoint and impower the widow Relict of ye sd Thomas deceased to Administer on ye sd Estat to pay and Reward all just debts due to and from ye sd Estat and Return an account of her Adm'n when called for

And Elizabeth Benit widow Relict of sd Thomas Benit decd: acknowledged her self boud to ye Court in Recognizanc of twenty pounds [] & faithfull discharg of her administration and [] Returns of an account of afforsd

Articles of Agreement

To the Chistian people to whome these presents shall come [] whose names are andomoniton[?] said greeting:

Whereas our honored father Thomas Bennit of Fairfield in the Colony of Connecticot late deceased died intestate yet ex[] himselfe a [] before his death how his desire was his Estate should be disposed of & caused some imperfect deeds to be made for that and, no knowledge shall we in honor to the dying intentions of our deceased Father, & in consideration that we are in duly bound, as far as in our power to establish what we know to be his minds & full desire concerning ye settlement of his Outward Estate as allso to present the have by & uncomfortable difference that might hereafter arise concerning it, in cause it be not settled according as he expressed his desire it should be, have agreed as followeth. viz: -- That our brother Thomas Bennit shall have to him and his heirs & assigns for ever one parcel of land beeing our deceased fathers first dividend at Campo adjoining to Thomas Disborows land beeing in Quantity three acres more or less allso ye Back Mouse & all ye meadow, below ye Bald Mountain meadow now in fence allso one halfe of ye pasture lot lying in ye second dividenm allso seven acres of land more or less bounded North with ye land of Daniel Sherwood, West with ye Rocks, East & Sout with our sd fathers land he to maintain the whole fence on all sides ye sd land Except ye side next to Daniel Sherwoods fence, as long as his mother shall live. That our Brother John Bennit shall have to him his heirs & assigns for ever, the other halfe of the above sd pasture lot, allso all ye meadow above ye Bald Mountain meadow now in fence not already disposed of.

That our Brother Samual Steward shall have to him & his heirs & assigns for ever over sd fathers Dwelling house & lot at Norwalk, ye lot bounded west upon ye highway, East & North upon ye land of Nathaniel Hays South by ye land of Samuel Maxwell, this was []ally given by our sd father to him at his Marriage with our Sister as part of her portion to make he equall with our Sister Hendrick, but not confirmed to him.

That our Brother James Bennit shall have to him his heirs & assignes for ever after his mothers decease so much of the meadow at ye mouth of Saugatuck River as to make up what he already hath halfe the meadow there allso so much of ye land & meadow within fence at ye Bald Mountain as to make up what he hath already there full one halfe of that land & meadow.

That our Brother Peter Bennit shall have to him his heirs & assignes thirty acres of land, bounded South upon his brother James Bannits land East upon ye high way, West by ye meadow, North by his Mothers land, allso all ye meadow at the Cove, also a third part of of [sic] the above sd land at ye Bald Mountain within fenc[e] & of ye above sd meadow at ye mouth of Saugatuck River when he comes to ye age of twenty one years, and after his Mothers decease to have equall par[t] with his Brother James in both these sd parcells of land & meadow.

That our Mother Elisabeth shall have to be at her own dispose all the remain[der] of our deceased fathers Estate both reall & personall, she to pay all the sd debts due from our sd fathers Estate, In Confirmation of all & Singular ye above articles of agreement we have hereunto set our hands this nineteenth day of June anno Domini 1704

Elisabeth Bennit [her mark]
Thomas beninet [original signature]
John bennet
James Benit
Samuell Stuard [his mark]
Henry Hendrick [his mark]

Elizabeth Banit Tho's John & James Benit & Henry Henri[ck] acknowledged ye above Instrument for ye Court
Jun 29 : 1704 to be there act & deed

Samuell Steward ye subscriber to the within Judgement acknowledged the same to be his free act & deed before ye Court of Probate held in Fairfield September 3d 1706

Nathan Gold Clerk

The Court of Probate held in Fairfield September 3d : 1706 do accept of and approve ye within agreement and do order it to be recorded

Nathan Gold Clerk

Att a Court of Probate held in Fairfield July 18/1769

Daniel Burchard of the Mannor of Cortland in the County of West Chester and Province of N York in right of his wife Dorothy Daughter of Hannah Stewart Late of Norwalk deceased who was daughter and on of the co Heirs of Thomas Bennet the first of Fairfield Decd who died intestate named to this Court for an order of Distribution of the Estate of said Thomas to and among the Heirs and Legal Representatives of him the said Thomas

This Court grants and orders that the Estate of said Thomas Bennit be divided and distributed to and among the Heirs and Legal representatives of said Thomas in manner following viz. to the children and Heirs of Thomas Bennit the eldest son of said Thomas the first two shares or a double portion and to the children and Heirs of John Bennit James Bennit Peter Bennit Hannah late wife of Sam'll Stewart Decd and Elizabeth late wife of Henry Hendrix Decd to each one share or a single portion and this Court desires appoints and impowers Joseph Peat Esq'r Capt Phineas Hanford both of Norwalk and Col. James Lindly of Fairfield to distribute said Estate accordingly

[] Order of Court

Test. Hezekiah Silliman Clerk

Att a Court of Probate held in Fairfield 1st Tuseday of August 1769

Sam'll Hendrix appeal from ye sentence of this Court held 18" July 1769 ordering ye distribution of ye Estate of Tho's Bennit ye first of sd Fairfield decd to the Sup'r Court to be held at Fairfield within afor Fairfield County on[?] last Tuesday gave one of [] Aug't and Sam'll Hendrix & John Hendrix yt 2 personally appeared and acknowledged themselves loyally and severally bound to the County Treasurer of the County of Fairfield in ye full sum of L20 L.M. to be paid in case Sam'll Hendrix fail to prosecute his above appeal to effect and transfer all damages in case he make not his plea good []d before Court

Test Hezekiah Silliman Clerk

• Text: An inventory of Thomas benit deceased his of [] [] by Stephen Sherwood and Isack Sherwood upon the seventeenth day of June in the year of our Lord on thousand seven hundred and four
  
  ...
  
  Stephen Sherwood
  Isack Sherwood