During his executorship, John Rogers has freed a number of his father’s slaves. Two of these slaves (called “servants”) are mentioned in the inventory of the estate, in 1688, where it is stated that they are to be free in three years. The bond-children owned by James Rogers, as yet of no value, were not mentioned in the will or inventory, but they appear to have been classed with that residue of the estate (“moveables”) which, by the terms of the codicil, was to be divided between John, Bathsheba and James.
[There are indications that not only had John Rogers come to regard the keeping of slaves in life bondage as contrary to the teachings of the New Testament, in the line of the Golden Rule; but that his father had come to the same conclusion, and had made plans for freeing all his slaves. His charge to his children—John, Bathsheba and James—in the codicil to his will, to “remember Adam,” one of his two able-bodied negro slaves, appears to have been understood by them as referring equally to the children of this slave; since one of the young slaves freed by the executor is proven—by “Hempstead Diary”—to be Adam, son of this Adam (each being called “Adam Rogers”). It is probable that others of the young slaves were Adam’s children, while some of them were children of the negro woman, Hager, who, as stated in inventory, was to be freed in three years.]
By various documents on record, it is evident that the administration of the estate by John has gone on in a very methodical manner and strictly according to the tenor of the will. The order of the committee (1693) was that, after the death of the widow, the remainder of the estate should be “disposed of according to the terms of the will,” of which the codicil was the part that referred to this residue. The codicil, however, does not contain explicit directions regarding the movable estate, but simply says that John and Bathsheba are to “take” the things about the house, “before the others be divided,” and that—after the cows have been given to Elizabeth—the remainder of the movable estate “whatsoever” be divided by John, Bathsheba and James among themselves. The residue of land legacies is clearly defined. The whole estate having been placed under the executorship of John and Bathsheba, presumes their continuance in that office until the final settlement. This is evidently the expectation of the court and of those concerned, as they continue to be called executors.
No fault has hitherto been found with the executorship, save in the demand of Samuel Beebe for the cows. Yet the executor is well aware of the irregular claims pending, and by his father’s request will be held from making appeal to the court against any unjust action which Samuel Beebe may take in this matter.
At this crisis, Captain James comes to the rescue, evidently by aid and advice of his son James, the young lawyer. A method is devised by which the irregular claims may be thwarted and, at the same time, the testator’s request in regard to legal proceedings on the part of any of his children be respected.
The first indication of the above intention is found in June of this year, when Captain James makes over to his son James all interest which he himself has in “all the moveable estate” left by his father.
The next step is for James, Jr., to enter complaint (July 13) at the Probate Court that the settlement of the residue (“moveables”) of his grandfather’s estate—after the death of the widow—has not been attended to by “the formality of the law.” Being himself interested in the estate, he desires that “such methods may be taken as the law directs.” The court, upon consideration of this enigma, finds that the estate was to be settled not by legal form, but by agreement among the children to John’s executorship, as approved by the General Court. The Probate Court, therefore, declines to meddle in the matter.
James, Jr., now enters complaint, at the Superior Court, that John Rogers and Bathsheba Fox, administrators on the estate of James Rogers,
“have not administered thereon according to the order of the law, and have not ever yet made and exhibited in the Court of Probates, and recorded there, any inventory of said estate; but dispose thereof at their own will and pleasure without giving account.”
The manner of administration of John and Bathsheba regarding the movables and lack of exhibition of any inventory of same to the court, have been in entire accordance with the direction of the testator. Moreover, had James Rogers, Jr., held to the mode of division directed in the codicil, his share would be much larger than by the method now being sought. An ulterior motive is evident from the start. The court undoubtedly understands the full meaning of this outwardly peculiar procedure on the part of James, Jr.