Thursday, June 23, 2016

Gauis Ellis Letter to the Probate Court Judge Questioning the Action of the Executor of the Baxter Ellis Estate

Letter found in Baxter Ellis Probate File - Case No. 19003, Worcester County, Massachusetts
The will of Baxter Ellis of West Brookfield, Massachusetts was approved 4 December 1866, but settlement of his estate could not be completed until after the death of his widow, Lucy in March of 1887 (some 22 years later.) Baxter Ellis' 91 year old brother Gauis, who lived in Neenah, Wisconsin, wrote a letter to the court in Worcester, Massachusetts, regarding the disposition of the assets of the Baxter Ellis estate, the terms of the will, and Baxter's intentions at the time the will was written. I found nothing more of this matter in the probate packet, but the final settlement of the estate occurred in October of 1887.

The letter handwritten in a shaky script and under the printed letter head of "GAIUS ELLIS, REAL ESTATE AGENT, NEENAH, WIS. reads as follows:
"Neenah Sept 27 /87

Judge Thayer Sir I have rec'd a notice to appear at your court on the first tuesday in Oct about my brother (Baxter Ellis) will

As I have been informed by Dwight Ellis (the executor) that there was after the first enstolment was settled he left for the use of his wife 4700 dollars to be devided among his heirs. One half to sister Lucy B. Ellis + Susan Fitts equally between them or their heirs and the remainder to his other heirs.
[2nd page]

Mrs. Elizabeth Lincoln (D. Ellis sister) sent me a letter feby. 14/82 saying it was as D. E. had stated. Now I don't want a difficulty about the matter but I want it settled right and I will acquiesce
Mr W. E. Lincoln (acting as the executor for my Bros Estate) Sent me a letter saying I must sign a receipt of $ 500, + send it to the Warren Savings Bank Warren Mass and they will send you $500 - I did so + got the $500, dollars. Now they say there is a mistake.
I do believe my Bro meant I should have that, or more,

[3rd page]
Now of the believes that this was my brothers will that one half goes to sisters LB. E. + S.F. and the residue to his other heirs, then I have not enough But they want I should send back 117$ and I will do it if it is right. But out of $4700 they take a goodeal to settle the estate
If I have troubled you out of reason please remit your bill and I will settle it
Gaius Ellis
It is too far for me to be present to attend Court G.E.
Excuse all mistakes I am 91 1/2 years old.
Source "Massachusetts, Worcester County, Probate Files, 1731-1925," images, FamilySearch ( : 16 May 2014), Worcester > Case no 19003, Elllis, Baxter, > image 317 - 319 of 1094; Supreme Judicial Court of Massachusetts, Boston.

Three previous posts about this Probate File