22nd Generation
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22nd Generation


126. Hannah SPENCER7 was born in 1641 in Lynn, Essex Co., MA. She died in 1691 in Haddam, Middlesex Co., CT. She was his first wife.

1. Lawsuit; 7 Mar 1660/61; Hartford, Hartford Co., CT 45. Quarter Court, March 7 1660/61: Simon Lobdell Plt cont: Jared & Hannah Spencer in an action of ye case shee for refuseing to marry with him according to promis and Jared for breach of promis to ye balue of 150£ damadg. [p 232] The Magistrates and Jury in Simon Lobdels case doe returne this as a special Verdict. That ye find not any possitiue engagemt broken by her respecting coniugal relation or absolutely binding her to consummate such a relation: Neuertheles we find vpon Evidenc that Simon hath susteined much damadge by their occasion And therfore doe find it iust and meet that all expences that he hath bin at in referenc to these proceedings ec Jared shal repay to the said Simon and to returne any Goods or money receaued by Jared or any of his family from ye said Simon. And futher that the said Simon shal haue paid vnto him as recompense for his damadge Ten pounds wthin ye space of six months.
[155] Mrch: 14. 60 The Genll Court doth further act in reference to ye Just expenses mentioned in ye special verdict that Jared Spencer shal pay to Simon Lobdel fiue pounds besides the 10£ forementioned in ye verdict all wch Sum of ffifteen pounds shal be paid in wheat and pease or other estate Equivalent therto: Fiue pounds to be paid by the 10th of Aprill the other Ten pounds according as is specified in ye special verdict and this is to be a final issue of yt case.

Hannah SPENCER and Daniel BRAINERD Dea. were married about 1663 in Haddam, Middlesex Co., CT. Daniel BRAINERD Dea.7,16,17 (son of Daniel BRAINERD Dea. and Hannah VANTREE) was born in 1641 in Braintree, Essex, Eng.. He died on 1 Apr 1715 in Haddam, Middlesex Co., CT. Orphaned in England, he came to America to live with the Wadsworth Family from the time he was eight years until adulthood. From the "Dictionary of the Heads of New England Families" Brainerd or Brainard: Place name, originally spelled Brandewood or Brandewode. Tradition says, the family came from Braine in France; the family founded in England 1350. Daniel b. Braintree, England, 1641, lived as early as 1649 with Wadworth Family at Hartford, CT; removed to Haddam, CT, prior to 1665. ***From the application of Katharine Arnold Nettleton to the Sons and Daughters of the Pilgrims: Services: Constable, Surveyor, Town Assessor, Justice of the Peace, 1669; Commissoner to General Court; Deputy to General Court and Deacon. Source: NEHGR Oct 1941, #95, p: 352 Daniel Brainerd, a native of England, who as a lad of eight years, was brought to Haddam, CT, in 1649, was a proprietor of Haddam, CT, where he settled about 1662, served as justice of the peace, deacon, town assessor, constable, surveyor, collector, and a deputy in the General Court, married first Hannah Spencer, daughter of Gerard Spencer. Daniels' 3rd wife, Hannah was the daughter of Sgt Thomas Spencer, 1607-1687. Daniel Brainerd was the co-admin. of Gerard's estate along with Willima Spencer

1. Emigrant Ancestor; 1649; Hartford, Hartford Co., CT.
2. Mention in Will, Inv. or Prob.; 11 Nov 1674; Haddam, Middlesex Co., CT 44. 22 September, 1674. Thomas Smith of Haddam.. I give to the wife of Daniel Brainwood all my Household Stuffe & Moveables that by this Will are not otherwise disposed of, and my Hay to Daniel Brainwood.. I make John Bailey sen. and Daniel Brainwood my Executors to see this my Will fulfilled
Court Record, Page 144--11 November, 1674: Daniel Brainard refused the Executorship, & this Court grant Adms. unto John Bailey
3. Mention in Will, Inv. or Prob.; Bef 3 Aug 1682; Haddam, Middlesex Co., CT 52. Given custody of Rebeckah Spencer, 16, and Jarrard Spencer, 14, childern of his brother-in-law, John Spencer. Appointed administrator of the will, 7 Sep 1682.
4. Administrator of Will / Estate; 7 Sep 1682; Haddam, Middlesex Co., CT 59. Along with Thomas Spencer, appointed administrator of the estate of John Spencer, who died 3 Aug 1682.
5. Took Inventory; 2 Mar 1691/92; Haddam, Middlesex Co., CT 70. Along with Timothy Spencer, took inventory of the estate of Joseph Arnold, who died 22 Oct 1691
6. Debt Owed To; 7 Sep 1693; Haddam, Middlesex Co., CT 71. Owed debt of unstated amount by the estate of James Cockshott of Machamoodas who died 11 Jan 1692/3.
7. Inventory Taken; 19 Apr 1715; Haddam, Middlesex Co., CT 72. Invt. £834-10-03.
8. Probate; 2 May 1715; Haddam, Middlesex Co., CT 73. Invt. and Agreement in Vol. IX, Page 37 Name: Daniel Brainard Location: Haddam
Invt. œ834-10-03. Taken 19 April, 1715, by Nathaniel Spencer, Gerrard Spencer and Joseph Arnold.
An agreement, dated the 2nd of May, 1715: A distribution of the estate by an agreement among the children, Daniel, James, Joshua, William, Caleb, Elijah and Hezekiah (sons), Thomas Gates and Hannah his wife (only daughter): Our father's will not being so full and clear as we could wish, we have thought best to agree upon a distribution of the estate of our hond. father. And having first come to a loving agreement with our hond. mother-in-law, Hannah Brainard, we have proceeded to make the following distribution: I, Thomas Gates, acting in behalf of my wife Hannah, and we, Daniel, James, Joshua, William, Caleb, Elijah and Hezekiah, have fully and freely made up our hond. father's Daniel Brainard his estate, and do hereby promise and engage, for ourselves and heirs, each to take up satisfied of lands heretofore set down to us and to make no more challenges or demands of any more lands or rights, neither by virtue or under color of any deed of gift received from our father in his life-time or upon any other color or pretense whatsoever, and that we do receive sd. lands and every parcel of them as our sd. father held them the day of his death, each running the risk of the title our father had to them, and being obliged to defend the same for his own part if there (was) occasion. Moreover we the sd. Daniel, James, Joshua, William, Caleb, and Elijah, do hereby (declare) that we have received œ8-01-00 apiece out of the personal estate. I, Thomas Gates, do acknowledge that I have received œ33-01-00, and I, Hezekiah Brainard, have received œ32-12-00. Moreover we do all and each of us for ourselves and heirs hereby covenant and promise that we shall make no more demands of estate, real or personal, that was our father's, and that we will in no wise disturb or annoy each other, but each of the eight aforementioned and their heirs may quietly enjoy his part aforementioned. Under the full ratification of all which premises we have all and each of us hereunto set our hand and affixed seal this 2nd May, 1715.
Daniel Braynard, ls. James Braynard, ls. Joshua Braynard, ls. William Braynard, ls. Caleb Braynard, ls. Elijah Braynard, ls. Hezekiah Braynard, ls.
To Thomas Gates, acting in behalf of his wife Hannah (only daughter to our hond. father) 50 acres of land bought of Mr. Blackleach, on the north side of Haddam bounds in Colchester bounds more, in personal or moveable estate. Total, œ45-10-00.
Court Record, Page 253--14 April, 1715: Adms. granted to Daniel and Hezekiah Brainard jointly. They exhibited an invt. of sd. estate and also an agreement for a division of the estate, which was accepted by the Court.
Hannah SPENCER and Daniel BRAINERD Dea. had the following children:

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i.

Daniel BRAINERD Jr..

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ii.

Hannah BRAINERD.

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iii.

James BRAINERD.

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iv.

Joshua BRAINERD.

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v.

William BRAINERD, LT..

233

vi.

Caleb BRAINERD7 was born on 20 Nov 1675 in Haddam, Middlesex Co., CT. He died on 11 Jul 1742 in Haddam, Middlesex Co., CT. 1. Mention in Will, Inv. or Prob.; 2 May 1715; Haddam, Middlesex Co., CT 72. Reached an agreement with his siblings to a distribution of his father's estate.
2. Mention in Will, Inv. or Prob.; 28 Apr 1733; Haddam, Middlesex Co., CT 98. Assigned by the court to distribute the estate of his late brother, Hezekiah Brainard, to the heirs.
3. Took Inventory; 24 Jun 1727; Haddam, Middlesex Co., CT 99. Along with Joseph Arnold & Jared Spencer, took inventory of the estate of his brother Hezekiah Brainerd.

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vii.

Elijah BRAINERD.

235

viii.

Hezekiah BRAINERD7 was born on 24 May 1681 in Haddam, Middlesex Co., CT. He died on 24 May 1727 in Haddam, Middlesex Co., CT. 1. Took Inventory; 1 Jan 1713/14; Haddam, Middlesex Co., CT 101. Along with Elijah Braynard, took inventory of the estate of William Porter of Haddam.
2. Guardian; 12 May 1715; Haddam, Middlesex Co., CT 101. Sarah Porter of Haddam [daughter of William Porter], 14 years of age, chose Hezekiah Brainard of Haddam to be her guardian.
3. Administrator of Will / Estate; 14 Apr 1715; Haddam, Middlesex Co., CT 73. Granted administration of his father's estate along with his brother Daniel.
4. Mention in Will, Inv. or Prob.; 2 May 1715; Haddam, Middlesex Co., CT 72. Reached an agreement with his siblings to a distribution of his father's estate.
5. Will; 23 May 1727; Haddam, Middlesex Co., CT 98. Brainerd, Hezekiah, Haddam. Died 24 May 1727. Invt £2442-03-03. Taken 24 Jun 1727, by Joseph Arnold, Jared Spencer & Caleb Brainard. Will dated 23 May 1727.
I, Hezekiah Brainerd of Haddam, do make this my last will and testament: I give to my eldest son a double portion of all my estate, to be injoyed by him when he comes to the age of 21 years of day of marriage, which shall first happen, excepting the lands I hereafter appoint to be sold. Item. To the rest of my children I give an equal proportion of my estate. Item. I give to my wife Dorothy 1/3 part of my moveable estate forever, and 1/3 part of my houseing and lands during her natural life and she to have her first choice. Item. I do appoint that my son Nehemiah be bred up to learing and fitted to be serviceable thereby. I do appoint my loveing wife Dorothy to be sole executrix of theis my last will, and I do desire her out of my whole estate to pay all my just debts. And also I do hereby fully impower her, for the bringing up of my sone Nehemiah to learning or other necessary uses, to sell the following parcells of land, viz., yt which I bought of Samuel Smith, and also that parcell of land I bought of William Spencer, and also that parcell of land that I have in partnership with my brother Caleb Brainerd.
Hez: Brainard
Witness: Timothy Woodbridge, Richard Lord, Elizabeth Wyllys.

Court Record, Page 160 - 4 July 1727: Will proven.
Page 68 (Vol XI) 22 May 1732: Dorothy Brainard, executrix of the last will and testament of Hezekiah Brainard, late of Haddam, not having fully perfected her account of executorship, and being decd., this Court do therefore grant letters of Adms. on sd. estate unto Hezekiah Brainard, son of the decd., with the will annexed. And the sd. Hezekiah Brainard became bound in the sum of £400.
Page 89 -- 28 April 1733: Hezekiah Brainard, eldest son of Hezekiah Brainard, moved to this Court that there may be a distribution according to the will; and this Court appoint Caleb Brainard, Elijah Brainard and Jared Spencer of Haddam to distribute the estate. Daniel Brainard, a minor, 15 years of age, and Martha Brainard, 17 years, chose their brother Hezekiah Brainard to be their guardian. And this Court appoint sd. Hezekiah Brainard to be guardian to 3 of the children, viz., John, age 13 years, Elizabeth 10, and Israel 8 years of age. Recog. £300.
See Dist. per File: 17 May 1733: Order to distribute to Hezekiah, to Nehemiah, to Dorothy Smith, to Jerusha Spencer, to Martha Brainard, to David, to John, to Elizabeth, and to Israel Brainard. By Caleb Brainard & Elijah Brainard.
Page 42 (Vol XII) 31 Mar 1736: It appears to this Court that there was 300 acres of land granted by the General Assembly of the Colony of Connecticut to James Wadsworth, John Hall and Hezekiah Brainard, Esq., bounded south by the Litchfield line and every way else by commmon land, lying near the west line of the place called Torrington. Sd. Wadsworth hath sold his third part as undivided to Ebenezer Hill, Jr., Luke Hill, & Isaaaaac, and sd. Hall's part now belongs to his eldest son John Hall of Wallingofrd, and in the dist. of sd. Brainard's estate according to his last will his third part of sd. land fell to his son Israel Brainard, who is yet under age, who together with the othe owners of sd. land, viz., John Hall and the sd. Ebenezer, Luke & Isaac Hill, moves this court that James Wadsworth, Esq., and James Wadsworth, Jr., of Durham, might assist Hezekiah Brainard, guardian to sd. minor, to divide the sd. 300 acres of land by meets and bounds that each owner may know their part thereof.
6. Inventory Taken; 24 Jun 1727; Haddam, Middlesex Co., CT 98