|
a.
|
Note: Thomas II married first Alice Rogers, about 30, in 1695. She was the daughter of Richard Rogers whose will made no provision for his Hanscom grandchildren but who named his son-in-law Thomas as overseer. Alice was the mother of Thomas III - born in 1690 and his sisters Ester and Anne - born in 1692 &1694 respectively. Then in November 1696, Alice went through a particularly difficult labor and died shortly after the birth of twins ( John and Priscilla). This tragedy was then heightened by the deaths of both the infant twins within a year. Sometime in 1697, Thomas II took a new wife, Tamsen Gowell Shears, the eldest daughter of Richard Gowell of Kittery. Thomas II died intestate in February 1713.
It can only be assumed that Tamsen made real efforts to mother Thomas III and his two sisters, but as she began giving birth to children of her own it is conceivable that her interest in her stepchildren began to diminish. In late 1705, Thomas II's younger brother Job married Mary Gowell, the younger sister of Tamsen. This most likely resulted in strengthening the ties between those two branches of the family. But, it appears that it was the eldest son, Thomas II, who held the family together. Thus, when he died suddenly in February 1713, at age 46, the family's cohesiveness began to become strained. This is first evidenced by an almost immediate struggle between Tamsen Gowell Hanscom and her stepson Thomas III over the probate of Thomas II's estate. Both Tamsen and the 22 year old Thomas III wanted to administer the estate, a dispute that Tamsen eventually won (Book 2, p. 102, York County probate Abstracts: "Letters of Authority granted 11 May 1713 to Tamsen Hanscom of Kittery on the estate of her husband Thomas Hanscom of Kittery, shipwright, deceased...") But Thomas III was not left without status. There was still the un probated estate of his grandfather, the original Thomas of Kittery. On the same day that Tamsen was given the Letters of Authority on the estate of her husband, Thomas III was appointed administrator of his grandfather's estate. This appointment was somewhat extraordinary. First, he was only 22 years old. Second, two of his uncles (Job and Moses) were residing in the community, and as sons of the original Thomas, would have been much more natural choices. It isn't clear as to what happened over the subsequent months and years, but it becomes apparent that both estates were allowed to fall into a state of limbo.
Although inventories of the two estates were filed with the Probate Court in February 1714, very little else happened over the next 5 years. By January 1719, however, Moses Hanscom had become clearly angered by the way both he and his mother (Ann Hanscom Tobey) were being dealt with by other family members and he filed a petition with the Court of General Sessions and it was this petition that seems to have ended the state of inactivity that had existed.
By January 1719, Moses' household included his wife, six children (one more was born later), and his mother. And, even though his mother had significant rights in the estate of her late husband, namely 1/3 of the personal property and the right to use 1/3 of the real estate during her lifetime, her grandson Thomas III had been in full possession of both the real and personal properties and had contributed absolutely nothing toward her support. His frustrations are clearly outlined in detail in the aforementioned petition (Court of General Sessions, Vol. IV. pp. 13-14) "to the Hon'ble his Maj'tys Justices now assembled in Gen'l Sessions of the Peace at York, Jan'y 6th 1718 (1719), the petitions of Moses Hanscom of Kittery in the County of York humbly showeth that whereas your Petioner's father, Thomas Hanscom, late of Kittery, aforesd, dec'd, dyed intestate and left an estate (word crossed out) in land (3 words crossed out) in quantity about sixty acres with a dwelling house and orchard set thereon which was worth more than one hundred & fifty pounds besides all his personal estate, all which Thomas Hanscom, the eldest son, took into his possession & improved the same during his life without ever taking out administration thereon. But after his decease, Thomas Hanscom, son of Thomas Hanscom Jun'r, administered on the estate of his grandfather's & is now in the possession thereof, and, whereas your petitioner's mother, Anne Tobey is yet surviving, unto whom the right one-third part of the said estate doth belong and since the death of her last husband, which is thirteen years ago, your petitioner has for the most part kept & maintained his said mother without any benefit by said estate either of her former or later husband & inasmuch as she is now grown very ancient & incapable in any measure to help herself, your petitioner is no longer able to support her, being a poor man with wife & six small children to provide for. Your petitioner therefore humbly prays that your Honours would take the premises into you consideration & order those nearly related to assist your petitioner in supporting & maintaining his said mother in such proportions as in your Honour's great wisdom shall meet & that he may have some allowance for the time past...Moses Hanscom." After initially considering the petition, the Court ordered that two local members of the Hanscom family be served with a copy: Job Hanscom, Ann Tobey's other son, and Thomas Hanscom III, her grandson.
On April 7, 1719, the matter came for hearing before the Court (Court of General Sessions, Vol. IV, p.13) and the Court ordered that Thomas Hanscom, the grandson, pay to his uncle Moses Hanscom one-half the charge...for the support of his mother the one year now almost expired, ending the 7th of May next & considering the expense of sd. Moses Hanscom for the time past, ordered that from that time, the sd. Thomas Hanscom pay the charge of supporting his sd. grandmother for the space of one whole year following, he havin what rent shall accrew to her from her husband Tobey's estate for sd. year & afterwards the charge arising for her support, besides her dower in both estates, to be born in equal proportions between Moses & Thomas Hanscom until further order from this Court, and that the charges of the Court be also equally born between them." Inexplicably, Job Hanscom was not ordered to provide any support whatsoever toward the care of his mother. It was undoubtedly of some distress to Ann Tobey that Moses had to take the somewhat extreme step of petitioning the court just to get other family members to pay some attention to her circumstances.
When the Court ordered Thomas III to share with his uncle Moses in the support and maintenance of Ann Tobey (April 1719), a new effort appears to have been undertaken to resolve the two Hanscom estates. It was not, however, without continuing difficulty. Court records indicate a complete breakdown between Thomas III and his stepmother in efforts to settle issues common to the both of them and outside parties were called upon to resolve these issues. The York County Probate Abstracts, Book 3, p. 34, states "Whereas Thomas Hanscom, grandson of Thomas Hanscom, late of Kittery, Sr., deceased, and administrator of his grandfather's estate, he made up his account of administration, the Court hereby directs (at York) 7 July 1719, Captain John Heard, Mr. Daniel Emery, Mr. Nicholas Shapleigh, Mr. John Dennett, and Mr. Nicholas Morrell, all of Kittery to set out the Widow's thirds, to the eldest son a double portion, and to the other children, their shares, committee above sworn 27 July 1719, to make a just division." The following day, July 28, the group met at the dwelling house of Thomas Hanscom in Kittery. No transcript exists as to the undoubtedly heated discussion that must have transpired, but by the end of the day a decision had been made. The estates were finally settled and from the York County Probate Abstract we get an outline of the final allocation of the property involved. " To the widow, Ann Tobey...the field lying next to Major Hammond's land... with all standing thereon. To Tamsen Hanscom, widow of Thomas Jr., and said Hanscom's children, the parcel of land which the old house stands on, except the orchard, plus 2/3's of the old house, the rest of the orchard on the west side of another piece of land...To the young Thomas Hanscom, who represents Moses and Job Hanscom, the rest of the land on which his house stands."
The prolonged probate battle between Tamsen Hanscom and her stepson Thomas III also served as the backdrop for a violent physical altercation that broke out between these two in Thomas' oat field in July 1721. (See Issues #12 & #21 of the Hanscom Family Newsletter.)
Maine separated from Massachusetts on March 15, 1820 and was admitted to the Union. (VDL)
|
