NOTE:- Letters of Administration: When a person died intestate [i.e. leaving no will] the next of kin or a close friend would often have to apply to the probate court for Letters of Administration to enable them to take possession of and distribute the estate. The term 'estate' refers to the chattels, cash, debts and leases of the deceased. The ecclesiastical courts had no jurisdiction over bequests of freehold property. The applicant had to swear that there was no will, that the applicant would pay all funeral expenses and debts, administer truly, and submit a true inventory and account of his/her stewardship. The inventory itemised the estate held by the deceased, including leases, chattels, debts owed and owing, cash, crops, stocks and slaves. No account of real estate (land) was normally taken in estimates and totals. The Court then granted Letters of Administration and might require the administrator to enter into a bond to administer the estate faithfully, in which case a copy of the act was endorsed on the document.
In this particular case a Will was made but the executors named were under age and not therefore lawfully able to act. The Court therefore chose to issue Letters of Administration to the executors mother Elizabeth COLE
Know all men by these presents:
The Condition: of this obligation is such that if Elizabeth (wife of the above bound Edward COLE) Administratrix of all and singular the goods chattels and credits of Thomas PAINTER the elder late of the Parish and Isle of Portland in the County and Archdeaconry aforesaid deceased together with his last Will and Testament in writing annexed during the minorities of her sons William PAINTER and Thomas PAINTER Executors named in the said Will of the deceased do well and truly administer perform and fulfil the last Will and Testament of the said deceased for the use profit and advantage of the said William PAINTER and Thomas PAINTER the minors aforesaid so far forth as the said goods chattels and credits will extend and also do make or cause to be made a true and perfect Inventory of all and singular the goods chattels and credits
On the day and year first above written the above named Elizabeth COLE was sworn well and faithfully to administer all and singular the goods chattels and credits of the above named Thomas PAINTER the elder deceased also to perform the last Will and Testament of the said deceased during the minorities and for the use benefit and advantage of William PAINTER and Thomas PAINTER Executors named in the said Will also to exhibit a true and perfect inventory of the goods chattels and credits of the deceased into the Register of the Court of the Archdeacon of Dorset aforesaid and to pass a just Account of and upon her administration in the Premises when she shall be thereto lawfully required.
Sworn before me John HUBBOCK
Of Portland in Dorset
Dated 7th March 1755
In the name of God Amen: that upon the seventh day of March in the year of our Lord God One Thousand Seven Hundred and Fifty five I Thomas PAINTER Senior of the parish of the Isle of Portland in the County of Dorset being sick and weak in body but of a good sound mind and perfect memory and remembrance thanks be to God for the same do make and ordain this to be my last Will and Testament in manner and form following.
First I bequeath my soul into the hands of Almighty God and my Body to a christian burial and what the Lord hath pleased to lent men I do here order give and dispose of the same In manner and form as followeth
First I give and bequeath unto my two cozens William PAINTER and Thomas PAINTER sons of my grandson Thomas PAINTER late deceased All that my now messuage dwelling house or tenement outhouses barn stables yards backsides and gardens together also with all that my close of meadow ground thereunto adjoining or to that part belonging or in anywise appertaining being in Portland aforesaid in the village of Eastion all which before dwelling house barn stable yards places backsides and gardens Together with the meadow close and every part thereof I do give unto my two cozens William PAINTER and Thomas PAINTER equal to be divided between them freely to give or to sell unto them and their heirs for ever according to the custom and manner of Portland with all the premises and appurtenances and the yearly and customed rents thereunto belonging
Also I give and bequeath unto my granddaughter Sarah DAVICE the present wife of William DAVICE all that my one half acre of arable land being in Portland aforesaid in the Droopffield in a furlong there called Garmers Lands and also one yard more of the like arable land being in Portland aforesaid in a certain field there called Nether Bresson all these three yards of arable lands named I give unto my Granddaughter Sarah DEVICE freely to give or to sell unto she and her heirs for ever according to the custom and manner of Portland with all its appurtenances and the yearly and accustomed rents there unto belonging
Also I do here give unto my Granddaughter Alce [Alice] PAINTERS All that my one half acre of arable land being in Portland aforesaid in the Droopffield in a furlong there called above Westons Well And also one half acre more of the like arable land being in Portland aforesaid in the South field in a place or furlong there called above Bollons These two half acres of arable land I Give unto my granddaughter Alce PAINTERS freely to give and to sell unto she and her heirs for ever according to the custom and manner of Portland with all the premises and appurtenances thereunto belonging.
Also I do here give unto my cozen William PAINTERS son of my grandson Thomas PAINTER late deceased all that my one yard of arable land being in Portland aforesaid in a certain field called Eastfield and furlong there called Yalland freely to him to give and to sell unto him or his heirs for ever according to the custom and manner of Portland with all its appurtenances and the yearly and accustomed rents thereunto belonging.
Also I do here Nominate and appoint my two Cozens William PAINTER and Thomas PAINTER ye two sons of my grandson Thomas PAINTER late deceased equal to be my full and sole executors to have all my goods moveable and unmovable ?guck & Ded? and to pay all my debts and funeral expenses & to prove my Will within convenient time after my decease and also my Will and desire is that know part of my household goods or utensils or implements of household stuff shall be removed from or out of my present dwelling house or out house from where it now standeth unless it be by and with the general consents of both executors
Know further then the value thereof to pay my debts and funeral expenses of this my last will and Testament revoking and disannulling and making void all other former Wills and bequests by me formally made and I declare this only to be my last will and testament
In Witness whereof the said Thomas PAINTER Senior have hereunto set his hand and seal Dated the day and year first above written
The mark and seal of
Signed sealed and declared by the Said
Thomas PAINTER Senior as his Last will
and Testament In the presence of us
May 15th 1756 Elizabeth COLE was sworn to the truth of this Will being the Last Will and Testament of Thomas PAINTER Senior -- Before me John HUBBOCK Surr [Surrogate]
(1).The Letter of Administration is dated 1750 but refers to a Will attached dated 1756. On the back of the will the oath of Elizabeth Cole is annotated and dated 15th May 1756 so date in LA is a clerical error.
(2). Thomas PAINTER was buried at Portland on 20th March 1755 no additional information is given in the parish register