Robert Treat Paine Papers, Volume 3
The House appointed Mr. Pickering, Judge Cushing and Mr. Davis, a Committee to collect the Votes for a Speaker, and the same being brought in and examined, the Committee reported that the Hon. JAMES WARREN, Esq; was unanimously chosen.
Then the House proceeded to the choice of a Speaker pro tempore, and the committee after collecting and examining the Votes, reported that the Hon. Azor Orne, Esq; was chosen; who having desired to be excused, the Votes of the House were again collected, and the Commit373tee having examined the same, reported that the Hon. Robert Treat Paine, Esq; was chosen.
The House ordered that a Message be sent to the Honorable the Major Part of the Council, to inform them that they have made choice of the Hon. JAMES WARREN, Esq; for their Speaker, and the Hon. Robert Treat Paine, Esq: Speaker pro tempore.
Journals of the House of Representatives of Massachusetts, 53, pt. 1:5
I have been a longtime determined to write to you on the subject of selling yr. Fathers Estate, but have neglected it, till the arrival of yr. Brother in Boston brings it to mind. I hope it will now be settled or put in a way for it before he returns home. I have read & considered the Acct. wch. you exhibited to the Judge of Probate & it appears to me to liable to the following Objections vizt.
1st. that the Legacy of 100£ given the Widow was evidently given for her Support as far as it would go, & further support was ordered if wanted out of the Estate. The Legacy was first to be paid for her Support & whatever she recd. of the Estate after her husbands death should have been considered as going towards her Legacy.
2d. you Charge 200$ for supporting the Widow at the Mansion house with provisions & wood: it is said that she lived on the provisions that was left in the house & produced on the place of which no mention is made in the Inventory.
3d. you Charge 200$ for supporting her 20 months in yr. own house & then another Charge of 100$ for extraordinary trouble Attendance Nursing &c in her last sickness: these two Charges appear extraordinary & require much Explanation.
4th you Charge 500$ for Settling the Estate; there is no pretence for this charge nor any thing like it.
5th. you Charge Intt. on the ballance of yr. Acct. as allowed by the Comsrs. 1759$: you may depend upon it that Intt. is never allowed in such Case; it was not allowed me when I recd. my ballance, some considerable 374part of which was Cash lent, & I lost the interest equal to the principal add to this that there are great exceptions to yr. acct. tho allowed by Comsrs. wch. must be explained if you persist rigidly in other matters.
6th. there are Sundry Accts. of taxes to the Amount of 34$ witht. any expression of what Lands they were charged upon, & no Cr. is given for a large part of the Real Estate.
7th. there is no charge of Cr. for the Improvement & produce of the Estate which was Mortgaged to let this.
8th. There is no Charge of Cr. for the 50 acre Lot of Land tho it was inventoried; it is said that you now pretend to claim that Land as yr. own, (but the reasons which I hear you give are tottally insufficient in my Judgment) & tho the Interest of my Family is concerned, I cannot think my self so blinded as to loose my Judgment.
There are several other Matters of a lesser Nature which I do not now mention, but in general I must tell you that the whole Acct. seems to be stretched to the utmost & must be much reduced before I can acquiesce in it. I should have conversed with you on the subject but I feared it would produce an irritation which yor ill health would not bear nor my Ingagements allow time to attend to, but I fear the longer it rests the worse it will be. I am growing old & infirm & I wish to have all Affairs for my Family settled. I hope therefore you will consider of these Objections with calmness & Candor & recollect that the rest of yr. Fathers heirs are intituled to their part of his Estate as well as yr. self. I have wrote my mind explicitly on the Subject because I think it best to bring the matter to its proper points at once. I shall readily listen to any proposals you may make for the settlement if they are bottomed on equitable principles but my duty to my Family requires me to attend to this Judt. & as it seems to me that there is a considerable Sum coming to me beside my proportion of the Land which you have not accounted for. You must not think hard if I persist in my claim to it till some superiour Judgmt. convinces me that I am wrong: with real regard to yr. self & family. I remain yr friend & hble. Servt.