.MTE4.MjA0Nw

The Government & People of the Massachusetts Bay in New England

York SS To the Sheriff at our County of York - his Under Sheriff or Deputy, Greeting,

We Command you to Summons John Swett of York in the County of York, Esq., Administrator of all & singular the Goods and Chattels, Rights and Credits, which belonged to Joseph Swett late of said York, Gentleman, deceased, at the Time of his Death, who died Intestate

(if he --- may be found in your Precinct) to appear before our Justices of our Inferior Court of Common Pleas to be holden at York within and for our said County of York---- on the first ---- Tuesday in January --- next, then and there in Our said Court to answer unto Patience Swett of said York, Relict, & Widow of the said Joseph Swett, In a Plea of Covenant broken for that Whereas the said Joseph Swett in his Life Time, to wit, on the twenty fourth Day of June D 1762 at York af'd, by his certain Covenant in Writing, under his hand and seal duly executed, of that same date and now in Court & ready to be produced, did covenant & agree to & with the said Patience Swett, by the name of Patience Nowell, Relict & widow of Ebenezer Nowell late of Yorke aforesaid, yeoman, deceased, in manner following viz. that within one month from the Date thereof he would enter into the State of Matrimony with & take to wife the said Patience according to the Laws and usage of this State without any desire of any estate whether reale or personal that then did, or thereafter might came, or any [?] appertain to the said Patience either as her Right of Dower or any other way, to her then late Husband's Estate, and thereby promised the said Patience to give her (if she should survive him), within six months after his decease, the sum of one hundred pounds lawful money of this State, to be paid to her, or her heirs, executors, or administrators, by his heirs, executors, or administrators; and furthermore that the said Patience should have the use & improvement of the one half of his then dwelling house in York also with such one of his Negro Servants as she should chose, during the said Term of six months after his Decease, if she should choose to tarry there that term of time, and untill she could remove herself with Conveniency, the said Servants to wait upon her, and her Meat, Drink, Lodging, Firewood, & Candles to be provided her during that term of six months as also the said Servants cloathing, Meat, Drink, Firewood, & all to be provided for out of his Estate by his Executor or Administrators as [?]; & if the said Patience should chuse to go away to her former home immediately after his funeral rites were performed, then he thereby promised & did bind his heirs, executors & administrators to pay or cause to be paid unto the said Patience immediately after his funeral as [?] the said sum of one hundred pounds down. In consideration that the said Patience [?] (for herself, her heirs, executors, and administrators) thereby covenant & promise to make the said Joseph Swett (then in full life) to enter unto the State of matriomny wtih the said Joseph, and that she would be & remain until death a most true and dutiful wife, and would thereby further promise & engage for herself her heirs and Executors and Administrators to yield up and surrender all her right of dower and power of thirds to all and singular reale or personal estate belonging or in anywise coming to him the said Joseph Swett his heirs, executors or administrators; And the Said Patience avoreth that she did on the eleventh day of July AD 1772 at said York enter into Matrimony with the said Joseph Swett, and that she remained until his Death a moste true and faithful wife and on the said twenty fourth day of June AD 1762 by said covenant writing under her hand & in court to the [?] did yield up and surrender all her right of dower and power of thirds to all and singular the real and personal estate belonging or anymore coming to him the said Joseph Swett his heirs, executors or administrators, yet the said John Swett, the [?] covenants & promises by the said Joseph in his lifetime made, since the decease of the said Joseph hath not in his said capacity of administrator as [?] kept and performed, but the same hath broken & hath not paid to the said Patience the said one hundred pounds money (although the term of six months is passed since the decease of the said Joseph) nor would the said John suffer the said Patience to use & improve the said one half of the said Joseph's dwelling House in said York for any time whatsoever, nor the use of any of the said Negro Servants, altho she had made chance to tarry in the half of said dwelling house for the said term of six months, nor hath the said John provided the said Patience nor the said servants with the meat, drink, lodging, firewood, & candles, & negro servants clothing for the said term of six months, but still refuses in his said capacity to provide the same or to make the said Patience any satisfaction therefor.

To the Damage of the said Patience Swett (as she saith) the Sum of one hundred & fifty Pounds, lawful money which shall then and there be made to appear with other due Damages and have you there this Writ, with your Doings therein, Witness James Gower Esq; at York the nineteenth Day of December

Anno Domini, 1777 Tim[othy] Frostler