WILLIAM and AVIS REED
of Weymouth, Massachusetts
Philip Reed had borrowed money in 1830 and 1832, and did not pay it back. When Philip's father Lemuel died without a will, Philip's creditors went to the court of common pleas to claim Philip's share of the inheritance, on September, 1849. The court scheduled the case for its December session. In that interval, the widow's dower was set off for Falley Reed. On 22 December 1849 Philip's creditors showed up in court, and Philip did not appear. The court found for the plaintiff, and directed the sheriff to seize Philip Reed's property to pay the debt, or to put Philip Reed in jail until he pay the debt. The sheriff seized the property on 15 January 1850, and had a committee appraise it on 21 January. So when the probate court finally assigned the partitioned portions of the land of the Lemuel Reed estate, Philip's creditors received his share. For the full text of these court documents see below.
In 1859, Philip Reed was again taken to court by a creditor. This time it was his borther Warren, who for unpaid debts was awarded Philip's house lot on Ceder Street in Fairhaven, Massachusetts. For the text of this case see below.
Philip Reed married EMALINE SEEKEL, daughter of William Seekel and his wife Delany Pittsley, at New Bedford, Massachusetts, on 14 November 1863 (VR NB microfilm at NB Free Pub Lib; Marriage Records in the New Bedford Mercury, 1845-1874). The marriage record appeared as follows:
|Name||Residence||Age||no. of m.||occupation||birthplace||parents|
|Philip Reed||New Bedford||54||1st||laborer||Dartmouth||Lemuel + Fally|
|Emaline Seekel||Fairhaven||23||1st||Freetown||William + Delena|
Emaline Seekel was born at Freetown, Massachusetts, on 28 February 1838 (Ma Deaths 1915:21:13:41). Philip and Emaline lived and raised their family at 251 Sconticut Neck Road, Fairhaven, at a home that had been in her family since 1865 (BCD(S) 66:296).
The 1865 State Census recorded the growing Reed family at Fairhaven as follows (VR Fhvn 274):
|Read, Alice R||7||F||Mass|
|Read, Ezekiel W.||4||M||Mass|
The 1870 Federal Census for Fairhaven carried the following information:
|Read, Philip||64||M||stone mason||$ 300||Mass.|
|Read, Emeline||29||F||keeps house||Mass.|
|Read, Alice R.||12||F||at school||Mass.|
|Read, Ezekiel W.||8||M||at school||Mass.|
|Read, Allen H.||4||M||Mass.|
Philip Reed died at New Bedford on 5 January 1874 (Ma Deaths 1874:265:83:2), from heart disease. According to the family, his remains were placed in a paupers' grave. Later, when his widow had the money to bury him properly, she purchased a cemetery plot at Naskatucket Cemetery in Fairhaven. However, it could not be determined which bones in the paupers' grave were his. So there are no remains under his grave marker at Naskatucket Cemetery.
Emaline Reed, widow, raised her young family on Sconticut Neck on her own. In later years she was diabetic, and daughter Julia's family moved in with her to care for her. Emaline died at Fairhaven on 6 June 1915, from diabetes mellitus, which she had for five years. A contributing cause was valvular heart disease, which she had for two years. She was 77 years, 3 months, and 9 days old at death. She was buried on 9 June at Naskatucket Cemetery (Ma Deaths 1915:21:13:41).
Philip Reed had the following child, whose mother is not known:
Philip and Emaline Reed had the following children:
Dec 1849 Court of Common Pleas: Docket 233 (BC Common Pleas 1849:163-64)
Bristol Co. 21 January 1850. Then personally appeared before the subscriber, a Deputy Sheriff of said County of Bristol, Nathan C. Brownell, Joseph Gifford and James Reed, all of said County, and made solemn oath that they would faithfully and impartially appraise such Real Estate as should be shewn them, taken by me by force of the Execution hereto annexed. (?] Isaac Francis Dep. Sheriff.
Bristol County. 21 January 1850. We the subscribers having been first duly
chosen and sworn as above certified, faithfully and impartially to appraise such Real Estate as should be shewn to us as taken by force of this Execution, proceeded, with the Officer, Isaac Francis, Deputy Sheriff, as above, to view and examine, so far as necessary to form a just estimate of its value. The following described Real Estate, situate in Dartmouth, in said County, shewn to us by the within named Jonathan P. Gifford, Administrator, the Creditor, as the Estate of the within named Philip Reed, the debtor, to wit: one undivided thirteenth part of the Lot or Lots of land situate in said Dartmouth, and bounded as follows:-- . . . Also, one undivided thirteenth part of the reversionary interest and estate which the heirs at law of the said Lemuel B. Reed have in the following parcels of land assigned for dower to the widow aforesaid . . .
And we have appraised said Real Estate as follows, to wit: The first two lots above described at the sum of one hundred and sixty-five dollars, and the other lots, being the dower land, at the sum of sixty dollars, making in all the sum of two hundred and twenty five dollars: meaning and intending this as the value of the estate and interest of the said Debtor in said land; which sum is less than the amount of this Execution, and have set off the same by metes and bounds to the said Jonathan P. Gifford, Administrator, to hold to him his heirs and assigns forever.
Nathan C. Brownell
Bristol Co. 15 January 1850. By virtue of this Execution, I this day seized the real Estate described in the foregoing Certificate of the Appraisers, and having on the same day notified the within named Philip Reed, the Debtor, to choose and appoint an appraiser and he refusing to do so, I appointed Joseph Gifford of Dartmouth in said County, and James Reed, of Westport, in said County, as appraisers, and the Creditor within named chose and appointed Nathan C. Brownell of said Westport and on the twenty first day of said month I caused said persons, being three disinterested and discreet men to be sworn as Appraisers, as appears above; and the said Nathan C. Brownell, Joseph Gifford and James Reed, having been first thus duly sworn faithfully and impartially to appraise such Real Estate as should be shewn to them, as taken by force of this Execution; and the Real Estate above described in the foregoing Certificate of the Appraisers, which is to be referred to for a description, having been so shewn to them and to me by the said Jonathan P. Gifford as the estate of said Philip Reed, proceeded with me to view and examine the same so far as necessary to form a just estimate of its value, and appraised it at the sum of two hundred and twenty-five dollars, being less than the amount of this Execution, and set off said real estate by metes and bounds to the said Jonathan P. Gifford, Administrator, to hold to him, his heirs and assigns forever. All of which appears by the Certificates above written of the administration of the oath and the doings of the Appraisers, which are hereby referred to and made a part of this Return. And I this day levied this Execution upon said real estate described as aforesaid, and delivered seizen and possession thereof to the said Jonathan P. Gifford, the Creditor, to hold to him and his heirs and assigns forever, in full satisfaction of this Execution as appears by his receipt hereon.
And so I return this Execution in part satisfied, only, viz: for the sum of two hundred + four + 72/100 dollars, together with my fees, and unsatisfied as to the remainder.
Isaac Francis, Deputy Sheriff.
|Notifying parties and Appraisers||4.00|
|Return of Execution||1.20|
Bristol Co. 21 January 1850. Received of Isaac Francis, Deputy Sheriff, seizen and possession of the above described Real Estate in part satisfaction to wit. of the amount of two hundred + four + 72/100 dollars of his Execution. Jona P. Gifford, Judgment Creditor.
April 10th 1850. Then received and recorded.
Benj. T. Congdon, Register.
Commonwealth of Massachusetts. Bristol Co. To the Sheriffs of our several counties, or either of their Deputies, Greeting.
Whereas Warren Reed of Fairhaven in the co. of Bristol by consideration of our justice of our Court of Common Pleas holden at Taunton within and for our County of Bristol aforesaid, on the 2d Monday of March 1859, 5th April 1859 recovered judgment against Philip Reed $ 75.80 damage $ 13.70 cost of suit.
23 April 1859 appraisers report: a lot bounded on south by Cedar Street, on west by Francis Stoddard on north by Reuben Fish on east by Ebenezer Delano. Property turned over to Warren Reed.
Know all men by these presents,
That I, Philip H. Reed of Dartmouth in the County of Bristol and Commonwealth of Massachusetts do hereby make this my last will and testament hereby expressly revoking any and all wills heretofore made by me.
After the payment of my just debts and funeral expenses, I give devise and bequeath and provide as follows;--
I designate and appoint my wife Melvina F. Reed to be the executrix of this will and request that she may be exempt from furnishing surety or sureties upon her official bond as such.
I hereby instruct my said executrix to curb with suitable stone curbing my lot in the Linden Grove Cemetery in said Dartmouth, and to erect upon said lot a monument of suitable proportions and design, and I give and devote to these purposes the sum of eight hundred dollars. If at the time of my death this work shall have been completed then this provision of my will is void. If it is not then fully completed I authorize and instruct my said executrix to finish said work, the whole to cost not exceeding said sum of eight hundred dollars.
I give to the trustees of the Peleg W. Peckham Cemetery Fund the sum of one hundred dollars the same to be held by them in trust for the purpose of devoting the income thereof for the perpetual care of my cemetery lot in the Linden Grove Cemetery aforesaid.
I give to my said wife, Melvina F. Reed, my homestead now occupied by me, with all lands and buildings appurtenant thereto, the same being situated in said Dartmouth, for and during her lifetime. After the death of my said wife, I give and devise the same to Mary Lavinia Tripp, in fee simple, but should the said Mary die without heirs, then I give and devise the same to my half brothers and sisters, share and share alike, to wit, to Alice R. Mara, Ezekiel W. Reed, Allen H. Reed, Emeline Hoyt and Julia L. Hathaway. I give and bequeath to the following named persons the sums set against their respective names:--
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