38 Thoughts on the Petitions of Dunster and Appleton

    [October 31 1654]

    In refference to Mr. Dunsters and Mr. Apletons petitions exhibited to the Generall Court this Instant.

    These things are considerable.

    1. 1. That altho no Administration hath bin legally granted to Any person, yet that part of the estate which came into this Country hath bin improved [ever?] since the decease of Josse Glover, by Elizabeth his relict widow, during the time of her widowhood, and by Mr. Dunster her 2d husband, after mariage and since her decease, by order of Allowance of the Generall Court, for the bringing up the children of the said Josse Glover according to his last will.
    2. 2. That there being left by Josse Glover 2 Sonnes and 3 Daughters and the eldest Sonne named Roger died before he received any part of his portion save what he received in England and his Education here. The 2 eldest daughters received from England their full portions £100 a peece, and the youngest daughter the wife of the above named petitioner Mr. Apleton hath received in England this last yeare £150, for which he acquitted £300 so that by her fathers will there is yet due to him £100. Also he claimes about £150 that he stands ingaged to Mr. Dunster for his wifes education. And the youngest sonne John yet surviving in England hath received no part of his portion save only his education and a bill of exchange for £20 but whether it be payd or not, not certeine.
    3. 3. That Mr. Dunster claimes right to £300 by vertue of a gift from his wife before manage, which he saith he hath a writeing to shew for it, under hand and seal.
    4. 4. That Mr. Dean Wintrop and the administration of Adam Wintrops estate claime a share in that which was of right of Roger by vertue of his last will, but no such will is extant, that yet appeareth.
    5. 5. That John Glover the last yeare made his Atturneyes heere to receive his lands in Mr. Dunster’s hands, which was obteyned by a verdict of the Jury at the County Court at Cambridge, but Mr. Dunster layes claime to them againe on sundry accounts.
    6. 6. That the estate vissible in this Country or else where that is knowne to us (leaving to John Glover a portion in any wise suitable to his sisters) is no way able to give satisfaction to the demands above promised, who do each apprehend their owne interests to be very just and good, and possibly may so make them out.
    7. 7. That severall parcels of estate have come to Mrs. Glover dureing the time of her widowhood, and after her manage to Mr. Dunster. Some given by her Bro. Harris at his decease, some promiscuously as a farme of 600 acres by the Country, and some by the Towne in refference to her estate and publique charges, some recovered by the overseers after her decease, all which considerations make the title to be [various?] and as dubious. These things being premised.

    If therefore this Honoured Court shall please to nominate and impower one administrator or more, upon this whole estate contended for, and to impower 3 uninterested persons1 that may Audit all accounts concerning the same since the decease of Mrs. Dunster, and to determine the true right of enie ones claime and title respectively. The result whereof being by them presented, eyther to this Court, or the next County Court at Cambridge who being for that end impowered by this Court may according to Equity determine the just and equall distribution thereof.


    Henry Dunster Papers.