Lydia Burleigh Gardner1
F, b. circa 1788, d. 29 April 1853
Lydia Burleigh Gardner|b. c 1788\nd. 29 Apr 1853|p172.htm#i10249|Robert Gardner||p172.htm#i10247|Lydia Burley||p59.htm#i10248|||||||||||||
Lydia Burleigh Gardner was born circa 1788.1 She was the daughter of Robert Gardner and Lydia Burley.1 Lydia Burleigh Gardner died on 29 April 1853.1
Citations
- [S106] Maine Families in 1790, Vol. 7 p. 453.
Lydia Burleigh or Burley Gardner1
F, b. 30 November 1830, d. 10 April 1845
Lydia Burleigh or Burley Gardner|b. 30 Nov 1830\nd. 10 Apr 1845|p172.htm#i12885|Robert Gardiner|b. 14 Aug 1787\nd. 28 Apr 1853|p171.htm#i893|Susan Sewall|b. 4 Apr 1794 or 5 Apr 1794\nd. 14 Jun 1872|p434.htm#i10246|Robert Gardner||p172.htm#i10247|Lydia Burley||p59.htm#i10248|General Henry Sewall|b. 24 Oct 1752\nd. 4 Sep 1845|p413.htm#i85|Tabitha Sewall|b. 25 Nov 1753\nd. 19 Jun 1810|p434.htm#i782|
Lydia Burleigh or Burley Gardner was born on 30 November 1830.2 She was the daughter of Robert Gardiner and Susan Sewall.2 Lydia Burleigh or Burley Gardner died on 10 April 1845 at the age of 14.2
Margaret Gardner1
F
Margaret Gardner married Samuel Barton.1
Child of Margaret Gardner and Samuel Barton
- Elizabeth Barton1 b. 28 Sep 1765, d. 12 Jul 1805
Citations
- [S130] Massachusetts Vital Records, Massachusetts Vital Records to 1850.
Mary Gardner1
F, b. 1 May 1769, d. 6 December 1855
Mary Gardner|b. 1 May 1769\nd. 6 Dec 1855|p172.htm#i15387|Dr. Samuel Gardner|b. 6 Mar 1725\nd. 18 Jan 1779|p172.htm#i10657|Mary Cooper|b. 4 Mar 1744\nd. 23 Jun 1778|p96.htm#i10656|||||||Rev. William Cooper D.D.|b. 20 Mar 1694/95\nd. 13 Dec 1743|p97.htm#i47|Mary Foye|b. 8 Sep 1721\nd. Aug 1773?|p163.htm#i3706|
Mary Gardner was born on 1 May 1769 in Milton, Maine.1 She was the daughter of Dr. Samuel Gardner and Mary Cooper.1 Mary Gardner died on 6 December 1855 in Dorchester at the age of 86 unmarried.1
Citations
- [S83] NEHGR, Vol. 44 p. 55.
Mary Lowell Gardner1
F
Mary Lowell Gardner was born in Massachusetts.2 She married Francis Cabot Lowell, son of Francis Cabot Lowell and Hannah Jackson.1
Children of Mary Lowell Gardner and Francis Cabot Lowell
- Francis Cabot Lowell3
- George Gardner Lowell3
- Georgina Lowell3
- Edward Jackson Lowell3
- Mary Lowell+3 b. 1833, d. 1915
Mary Sewall Gardner1
F, b. 5 February 1871, d. 20 February 1961
Mary Sewall Gardner|b. 5 Feb 1871\nd. 20 Feb 1961|p172.htm#i10293|Hon. William Sewall Gardner|b. 1 Oct 1827\nd. 4 Apr 1888|p172.htm#i894|Mary Parker Thornton|b. 12 Sep 1831\nd. 22 Jul 1875|p484.htm#i10290|Robert Gardiner|b. 14 Aug 1787\nd. 28 Apr 1853|p171.htm#i893|Susan Sewall|b. 4 Apr 1794 or 5 Apr 1794\nd. 14 Jun 1872|p434.htm#i10246|James B. Thornton|b. 11 May 1800\nd. 1836|p484.htm#i15933|Sophia Shephard||p446.htm#i16082|
Mary Sewall Gardner. Pioneer of public health nursing. She was born on 5 February 1871 in Newton, Massachusetts.2 She was the daughter of Hon. William Sewall Gardner and Mary Parker Thornton.1 Mary Sewall Gardner died on 20 February 1961 in Providence, Rhode Island, at the age of 90.3
Nancy Gardner1
F, b. 13 April 1786, d. 4 May 1865
Nancy Gardner was born on 13 April 1786 in Cambridge, Massachusetts.2 She married Samuel Salisbury, son of Deacon Samuel S. Salisbury and Elizabeth Sewall, on 18 July 1806 in Leominster, Massachusetts.3 Nancy Gardner died on 4 May 1865 in 16 Temple Place, Boston, at the age of 79.4
Children of Nancy Gardner and Samuel Salisbury
- Francis G. Salisbury5
- Elizabeth Sewall Salisbury1 b. 5 Jul 1807
- Ann Gardner Salisbury5 b. 16 Dec 1809
- Sarah Salisbury b. 18 Apr 1811
- Stephen Salisbury5 b. 12 Sep 1812
- Rebecca Salisbury6 b. 6 Oct 1816
- Daniel Waldo Salisbury5 b. 12 Sep 1818
Citations
- [S102] Annie Haven Thwing, Inhabitants of the Town of Boston, 53417.
- [S130] Massachusetts Vital Records, Vital Records of Cambridge, Massachusetts to the Year 1850.
- [S130] Massachusetts Vital Records, Vital Records of Leominster, Massachusetts to the Year 1850.
- [S130] Massachusetts Vital Records, Vol: 185 ; Page: 63.
- [S240] Samuel Sewall, Diary of Samuel Sewall (1888 ed.), p. xxxiv.
- [S89] LDS Record, LDS probably Roxbury Vital Records.
Paul E. Gardner1
M, b. circa 1888
Paul E. Gardner was born circa 1888.1 He married Ruby R. Sewall, daughter of Frederic Norris Sewall and Ruby Rogers Fisher, on 30 November 1912 in Kansas City, Jackson, Missouri.1
Citations
- [S232] Ancestry.com Database, Missouri Marriage Records, 1805-2002.
Rev. Richard Titley Gardner1
M
The marriage of Rev. Richard Titley Gardner and Sarah Elizabeth Marie Tomlinson was registered in the quarter ending June 1906 in the Lancaster Registration District.2
Robert Gardner1
M
Robert Gardner married Lydia Burley on 29 October 1786 in Newburyport.1
Children of Robert Gardner and Lydia Burley
- Robert Gardiner+1 b. 14 Aug 1787, d. 28 Apr 1853
- Lydia Burleigh Gardner1 b. c 1788, d. 29 Apr 1853
Citations
- [S106] Maine Families in 1790, Vol. 7 p. 453.
Samuel Gardner1
M
Samuel Gardner||p172.htm#i14224||||Sarah Jackson|b. 26 Jun 1779\nd. 29 Jan 1809|p241.htm#i14191|||||||Hon. Jonathan Jackson|b. 5 Jun 1743\nd. 5 Mar 1810|p241.htm#i5226|Hannah Tracy|b. 24 Apr 1755\nd. 28 Apr 1797|p505.htm#i5227|
Samuel Gardner was the son of Sarah Jackson.1 Samuel Gardner died unmarried.1
Citations
- [S182] Elizabeth Cabot & James Jackson Putnam Putnam, Jackson ancestors and descendants, p. 31.
Dr. Samuel Gardner1
M, b. 6 March 1725, d. 18 January 1779
Dr. Samuel Gardner was born on 6 March 1725 in Stow, Massachusetts.2 He married Mary Cooper, daughter of Rev. William Cooper D.D. and Mary Foye, on 22 May 1766.2 Dr. Samuel Gardner died on 18 January 1779 in Boston, Massachusetts, at the age of 53.2
Children of Dr. Samuel Gardner and Mary Cooper
- William Foye Gardner2 b. 20 Jan 1767, d. 25 Mar 1767
- Elizabeth Gardner2 b. 8 Apr 1768
- Mary Gardner2 b. 1 May 1769, d. 6 Dec 1855
- John Gardner2 b. 24 Sep 1770, d. 12 Dec 1825
- Sarah Gardner2 b. 11 Sep 1772
- William Cooper Gardner2 b. 25 Jan 1775, d. 25 Feb 1775
Sarah Gardner1
F, b. 11 September 1772
Sarah Gardner|b. 11 Sep 1772|p172.htm#i15390|Dr. Samuel Gardner|b. 6 Mar 1725\nd. 18 Jan 1779|p172.htm#i10657|Mary Cooper|b. 4 Mar 1744\nd. 23 Jun 1778|p96.htm#i10656|||||||Rev. William Cooper D.D.|b. 20 Mar 1694/95\nd. 13 Dec 1743|p97.htm#i47|Mary Foye|b. 8 Sep 1721\nd. Aug 1773?|p163.htm#i3706|
Sarah Gardner was born on 11 September 1772 in Milton, Massachusetts.1 She was the daughter of Dr. Samuel Gardner and Mary Cooper.1 Sarah Gardner married John Amory on 4 June 1794 and had issue.1
Citations
- [S83] NEHGR, Vol. 44 p. 55.
Sarah Jackson Gardner1
F
Sarah Jackson Gardner||p172.htm#i14220||||Sarah Jackson|b. 26 Jun 1779\nd. 29 Jan 1809|p241.htm#i14191|||||||Hon. Jonathan Jackson|b. 5 Jun 1743\nd. 5 Mar 1810|p241.htm#i5226|Hannah Tracy|b. 24 Apr 1755\nd. 28 Apr 1797|p505.htm#i5227|
Sarah Jackson Gardner was the daughter of Sarah Jackson.1 Sarah Jackson Gardner died unmarried.1
Citations
- [S182] Elizabeth Cabot & James Jackson Putnam Putnam, Jackson ancestors and descendants, p. 31.
Thomas Gardner
M
Thomas Gardner married Margaret (Unknown).
Child of Thomas Gardner and Margaret (Unknown)
- Capt. Joseph Gardner d. 19 Dec 1675
William Cooper Gardner1
M, b. 25 January 1775, d. 25 February 1775
William Cooper Gardner|b. 25 Jan 1775\nd. 25 Feb 1775|p172.htm#i15392|Dr. Samuel Gardner|b. 6 Mar 1725\nd. 18 Jan 1779|p172.htm#i10657|Mary Cooper|b. 4 Mar 1744\nd. 23 Jun 1778|p96.htm#i10656|||||||Rev. William Cooper D.D.|b. 20 Mar 1694/95\nd. 13 Dec 1743|p97.htm#i47|Mary Foye|b. 8 Sep 1721\nd. Aug 1773?|p163.htm#i3706|
William Cooper Gardner was born on 25 January 1775 in Milton, Massachusetts.1 He was the son of Dr. Samuel Gardner and Mary Cooper.1 William Cooper Gardner died on 25 February 1775 in Milton, Massachusetts.1
Citations
- [S83] NEHGR, Vol. 44 p. 55.
William Foye Gardner1
M, b. 20 January 1767, d. 25 March 1767
William Foye Gardner|b. 20 Jan 1767\nd. 25 Mar 1767|p172.htm#i15385|Dr. Samuel Gardner|b. 6 Mar 1725\nd. 18 Jan 1779|p172.htm#i10657|Mary Cooper|b. 4 Mar 1744\nd. 23 Jun 1778|p96.htm#i10656|||||||Rev. William Cooper D.D.|b. 20 Mar 1694/95\nd. 13 Dec 1743|p97.htm#i47|Mary Foye|b. 8 Sep 1721\nd. Aug 1773?|p163.htm#i3706|
William Foye Gardner was born on 20 January 1767 in Milton, Massachusetts.1 He was the son of Dr. Samuel Gardner and Mary Cooper.1 William Foye Gardner died on 25 March 1767 in Milton, Massachusetts.1
Citations
- [S83] NEHGR, Vol. 44 p. 55.
Hon. William Sewall Gardner1,2
M, b. 1 October 1827, d. 4 April 1888
Hon. William Sewall Gardner|b. 1 Oct 1827\nd. 4 Apr 1888|p172.htm#i894|Robert Gardiner|b. 14 Aug 1787\nd. 28 Apr 1853|p171.htm#i893|Susan Sewall|b. 4 Apr 1794 or 5 Apr 1794\nd. 14 Jun 1872|p434.htm#i10246|Robert Gardner||p172.htm#i10247|Lydia Burley||p59.htm#i10248|General Henry Sewall|b. 24 Oct 1752\nd. 4 Sep 1845|p413.htm#i85|Tabitha Sewall|b. 25 Nov 1753\nd. 19 Jun 1810|p434.htm#i782|
Hon. William Sewall Gardner was born on 1 October 1827 in Hallowell, Maine. He was the son of Robert Gardiner and Susan Sewall.3 Hon. William Sewall Gardner graduated in 1850 from Bowdoin College.1 He married firstly Mary Parker Thornton, daughter of James Bonaparte Thornton and Sophia Shephard, on 15 October 1868 at Brattleboro, Vermont.4 Hon. William Sewall Gardner married secondly Sarah M. Davis, daughter of Hon. Isaac Davis and Mary H.E. (Unknown), on 29 May 1877 at Newton, Middlesex County, Massachusetts.5,6 Hon. William Sewall Gardner died on 4 April 1888 in Newton at the age of 60.1,7
Memorial The Honorable William Sewall Gardner, Justice of this Court from the thirteenth day of October, 1885, to the seventh day of September, 1887, died at his residence in Newton on the fourth day of April, 1888. A meeting of the members of the Suffolk Bar was subsequently held in Boston, at which resolutions were passed, which were presented to the full court on the twenty-seventh day of November, 1888. Before presenting them, the Attorney General addressed the court as follows:
May it please your Honors, -- We are met to-day to do honor to the memory of a most excellent, exemplary citizen, a safe counsellor, a sound and reliable advocate, an impartial and able jurist, with a character unblemished, a considerate, pleasant, unostentatious gentleman, and an honest man.
William S. Gardner died at his home in Newton, on April 4th, 1888. He was born in the State of Maine, in 1827, of noted legal ancestry. He was a graduate of Bowdoin College, studied law, and in 1852 was admitted in Middlesex County to the practice of his chosen profession; and in 1853, in Lowell, he opened a law office and commenced his work. He soon formed a copartnership with the late Hon. T. H. Sweetser; and in 1861 the firm moved their office to Boston, and there continued practice till 1875, when Mr. Gardner was appointed one of the Associate Justices of the Superior Court of this Commonwealth, which office he held with marked ability and great credit to the State till October 1, 1885, when he was appointed a Justice of the Supreme Judicial Court, which office he held with distinction till his resignation on the 7th of September, 1887, tendered by reason of his declining health. He held positions of trust in social, literary, charitable, financial, and religious institutions, and always with acknowledged ability and approval. He possessed a taste for literature, and wrote well upon various subjects in which he was interested. He was never idle, and yet unassuming. In discharging his duties as a judge he was kind and considerate to all. To the memory of such a man, it is very proper for us who knew him, for our own benefit, and for the information and benefit of the practitioners of our important and honorable profession who are following us all, that we should pause and consider his character, his attainments, and their reward, as manifested in his life.
The Bar of the county of Suffolk have, at a meeting quite recently held, adopted resolutions appropriate to this occasion, and have requested me to present them to the court, and to move that, after hearing such remarks as may be offered by members of the bar and the court, they be ordered entered of record, and that such other action be taken by the court as may be deemed fitting.
The Attorney General then presented the following resolutions:
The members of the Suffolk Bar desire to place on record their sense of the loss which the Commonwealth has sustained in the death of William Sewall Gardner, a former Justice of this Court.
His was a nature that endeared him to those who knew him well, and secured for him the respect and esteem of the community, and the regard and confidence of those who were brought in contact with him at the bar or on the bench.
His experience at the bar, for many years closely associated with one of the ablest lawyers of his day, who studied the law as a science and tested it by the severest rules of logic, and his long service on the bench of the Superior Court, laid a substantial foundation for the successful discharge of the accurate and discriminating investigations demanded of the members of this court.
While the kindliness of his nature might have tempted him at times to take counsel of his sympathies, his keen appreciation of the right constrained him always to exercise "the severe neutrality of an impartial judge."
We desire that this expression of our regard for him, and of the loss we have sustained, be presented by the Attorney General to the Supreme Judicial Court, with a request that it be extended on the records.
Hon. Edward Avery then addressed the court as follows:
May it please your Honors, -- I desire to join in the motion submitted by the Attorney General. It was my good fortune to meet Judge Gardner quite frequently while he was at the bar. The eminent ability of his partner, Mr. Sweetser, naturally overshadowed every one who was associated with him in the conduct of a cause; but notwithstanding this I soon learned to appreciate and feel the force and weight of Judge Gardner's powers. His patient investigations, his calm, deliberate judgment, his research and industry, and his practical application of the law to the facts before him, when added to Mr. Sweetser's known force of presentation, were potent factors in the determination of the causes in which they were jointly engaged. His abilities were of the class that are felt rather than seen. As a well equipped, clear-headed, and sound lawyer, be won my respect. Later on, a closer relation with him enabled me to estimate the man, to observe those qualities of the heart that secured for him so many and such strong friends, and to my respect for the lawyer was added a high regard and a warm friendship for the man.
At the time Judge Gardner was appointed to the Superior Court, his ability and legal attainments were not generally known to the Bar of the Commonwealth; but it has been justly said of him, that he soon secured the respect and confidence of the bar, -- respect for his integrity and for his keen appreciation of justice, and confidence in his perfect fairness and his earnest desire to rightly understand and impartially administer the law. His subsequent appointment as one of the justices of this court seemed to be generally regarded as a just recognition of one to whom it was safe to intrust the discharge of the highest judicial duties. Judge Gardner was always courteous and considerate at the bar and on the bench; and I think it no light praise to say of him, that while be was on the bench I never knew or heard of any member of the bar who felt that he had received from him an undeserved rebuff or an unmerited rebuke, or who had been humiliated in his own or his client's estimation by apparent indifference or inattention.
He seemed at all times to realize that ours is a profession in which many may succeed, but in which few indeed can become masters, -- a labyrinth having many chambers, into all of which most have looked and but few entered. He was not of those who dazzle us with spasmodic or erratic bursts of brilliancy, or startle us with novel propositions, or overwhelm us with unfathomable subtleties, but of those who exhibit that calm and deliberate strength which ever attends a well rounded mind. The sad events which occasioned his retirement from this court caused a public loss. His death deprived a large circle of friends of one whom they had honored and loved for his many virtues.
Charles Levi Woodbury, Esq., then addressed the court as follows:
May it please your Honors, -- Nearly thirty years have I been closely connected with the late Judge Gardner in various ways. My knowledge of him springs not only from association at the bar, and from observation of his ability and his courtesy, patience, and justice as a judge, but from intimate association in many social organizations and the pursuit of many kindred tastes. True it is that always and everywhere character and conduct have stamped their highest qualities on his mind, and commanded for him the respect and esteem of his associates. In a very marked degree has been his success as a presiding officer, not only in judicial but in other organizations, and rare executive ability has characterized his administration as chief of wide-spread organizations whose benevolent and charitable character are well known.
His tastes led him to antiquarian and historical pursuits connected with the early history of New England, and of these organizations themselves. His contributions to the literature of these subjects were marked with accuracy of investigation, purity of style, and chaste eloquence. His investigations in the symbology of medieval art and architecture bore one fruit in the erection of the church from which be was buried. He was a man of wise and prudent counsels. "Unto him men gave ear, and waited and kept silence at his counsel." He was not long enough on the bench of this court for its reports to embody an adequate monument of his judicial abilities; his fatal disease tore him prematurely from the field of action.
He was a man of modesty; the duties of office he thought more of than of the honors that attended them. In harmony with the esteem betokened by these last honors to his worth, I am here among my brethren of the bar simply to drop my sprig of acacia on his grave.
Chief Justice Morton responded as follows:
Brethren of the Bar, -- We join with the fullest sympathy in your tributes of respect and affection for our deceased associate and friend, by whose death the State has lost an upright, conscientious, and able magistrate, and a respected and useful citizen.
Judge Gardner was born in Hallowell, Maine, on October 1, 1827, so that at the time he was compelled by his failing health to lay down the active labors of life he had not reached the age of sixty years. He was a descendant, on his mother's side, of the eminent family of Sewall, which in the earlier period of our history furnished two Chief Justices of the Superior Court of Judicature of the Province of Massachusetts Bay, and two Justices of the Supreme Judicial Court of the Commonwealth, one of whom, Samuel Sewall, was during the last year of his life the Chief Justice.
He was graduated at Bowdoin College, and afterwards pursued the study of law in Lowell. He was admitted to the bar in 1852, and soon afterwards formed a copartnership with that eminently vigorous and able lawyer, the late Theodore H. Sweetser, and this connection continued until be was appointed a Justice of the Superior Court in 18715. He served in that court for ten years, and gained in the fullest measure the confidence and respect of the bar and of the public. He was regarded by all as a sound lawyer of great ability and of sterling common sense, and was an upright and faithful judge. He performed the various and important duties of that office so successfully, that he won the high esteem of the bar; and when a vacancy occurred on the bench of the Supreme Judicial Court by the death of the late Justice Colburn, the bar with remarkable unanimity looked to Judge Gardner as the fittest person to succeed him.
He was appointed a Justice of this Court in October, 1885, with the general approval of the community. He hesitated somewhat as to accepting the office. Possibly he had some premonitions of failing health which warned him against entering upon new and exacting duties. But he finally accepted the office, and, entering at once upon its duties, devoted himself to their performance with untiring diligence until the spring of 1887, when he was compelled by his ill health to cease from his labors. He hoped that a trip to Europe, involving complete rest and change of scene, would restore his health; but in this hope he was disappointed, and soon after his return felt it his duty to resign his office. He was with us but a short time, but we learned to respect and love him.
He had a powerful and well trained intellect, and a temperament fitted for judicial duties, being patient in hearing and impartial in judgment. He was always self-possessed and courteous in discussions, never uttering a quick or impatient word which he would wish to recall. He arrived at results through careful and thorough investigation; and having a strong sense of what was fair and reasonable, his conclusions were usually sound and reliable. His short service demonstrated that, if his health had remained sound, he would have made one of the most able, useful, and honored members of the court.
Outside of his chosen profession, he was deeply interested in the institution of Freemasonry, and was held in esteem and honor by all the members of that great fraternity. He was also deeply interested in the Protestant Episcopal Church, being a devoted member and an active participant in all the work of this diocese. In all the relations of life he was faithful and true, and therefore honored and respected. We remember with sorrow that the last year of his life was passed in sickness, amid clouds and darkness; but surely we may now rejoice in the faith that he has entered upon an inheritance of light and peace, the reward of a just, upright, and Christian life.
Concurring with the sentiments expressed in your resolutions, we shall order that they, together with a memorandum of these proceedings, be entered upon the records of the court.
The Court then adjourned.
Supreme Judicial Court of Massachusetts. Office of Reporter of Decisions. Memorial Sittings.8
Memorial The Honorable William Sewall Gardner, Justice of this Court from the thirteenth day of October, 1885, to the seventh day of September, 1887, died at his residence in Newton on the fourth day of April, 1888. A meeting of the members of the Suffolk Bar was subsequently held in Boston, at which resolutions were passed, which were presented to the full court on the twenty-seventh day of November, 1888. Before presenting them, the Attorney General addressed the court as follows:
May it please your Honors, -- We are met to-day to do honor to the memory of a most excellent, exemplary citizen, a safe counsellor, a sound and reliable advocate, an impartial and able jurist, with a character unblemished, a considerate, pleasant, unostentatious gentleman, and an honest man.
William S. Gardner died at his home in Newton, on April 4th, 1888. He was born in the State of Maine, in 1827, of noted legal ancestry. He was a graduate of Bowdoin College, studied law, and in 1852 was admitted in Middlesex County to the practice of his chosen profession; and in 1853, in Lowell, he opened a law office and commenced his work. He soon formed a copartnership with the late Hon. T. H. Sweetser; and in 1861 the firm moved their office to Boston, and there continued practice till 1875, when Mr. Gardner was appointed one of the Associate Justices of the Superior Court of this Commonwealth, which office he held with marked ability and great credit to the State till October 1, 1885, when he was appointed a Justice of the Supreme Judicial Court, which office he held with distinction till his resignation on the 7th of September, 1887, tendered by reason of his declining health. He held positions of trust in social, literary, charitable, financial, and religious institutions, and always with acknowledged ability and approval. He possessed a taste for literature, and wrote well upon various subjects in which he was interested. He was never idle, and yet unassuming. In discharging his duties as a judge he was kind and considerate to all. To the memory of such a man, it is very proper for us who knew him, for our own benefit, and for the information and benefit of the practitioners of our important and honorable profession who are following us all, that we should pause and consider his character, his attainments, and their reward, as manifested in his life.
The Bar of the county of Suffolk have, at a meeting quite recently held, adopted resolutions appropriate to this occasion, and have requested me to present them to the court, and to move that, after hearing such remarks as may be offered by members of the bar and the court, they be ordered entered of record, and that such other action be taken by the court as may be deemed fitting.
The Attorney General then presented the following resolutions:
The members of the Suffolk Bar desire to place on record their sense of the loss which the Commonwealth has sustained in the death of William Sewall Gardner, a former Justice of this Court.
His was a nature that endeared him to those who knew him well, and secured for him the respect and esteem of the community, and the regard and confidence of those who were brought in contact with him at the bar or on the bench.
His experience at the bar, for many years closely associated with one of the ablest lawyers of his day, who studied the law as a science and tested it by the severest rules of logic, and his long service on the bench of the Superior Court, laid a substantial foundation for the successful discharge of the accurate and discriminating investigations demanded of the members of this court.
While the kindliness of his nature might have tempted him at times to take counsel of his sympathies, his keen appreciation of the right constrained him always to exercise "the severe neutrality of an impartial judge."
We desire that this expression of our regard for him, and of the loss we have sustained, be presented by the Attorney General to the Supreme Judicial Court, with a request that it be extended on the records.
Hon. Edward Avery then addressed the court as follows:
May it please your Honors, -- I desire to join in the motion submitted by the Attorney General. It was my good fortune to meet Judge Gardner quite frequently while he was at the bar. The eminent ability of his partner, Mr. Sweetser, naturally overshadowed every one who was associated with him in the conduct of a cause; but notwithstanding this I soon learned to appreciate and feel the force and weight of Judge Gardner's powers. His patient investigations, his calm, deliberate judgment, his research and industry, and his practical application of the law to the facts before him, when added to Mr. Sweetser's known force of presentation, were potent factors in the determination of the causes in which they were jointly engaged. His abilities were of the class that are felt rather than seen. As a well equipped, clear-headed, and sound lawyer, be won my respect. Later on, a closer relation with him enabled me to estimate the man, to observe those qualities of the heart that secured for him so many and such strong friends, and to my respect for the lawyer was added a high regard and a warm friendship for the man.
At the time Judge Gardner was appointed to the Superior Court, his ability and legal attainments were not generally known to the Bar of the Commonwealth; but it has been justly said of him, that he soon secured the respect and confidence of the bar, -- respect for his integrity and for his keen appreciation of justice, and confidence in his perfect fairness and his earnest desire to rightly understand and impartially administer the law. His subsequent appointment as one of the justices of this court seemed to be generally regarded as a just recognition of one to whom it was safe to intrust the discharge of the highest judicial duties. Judge Gardner was always courteous and considerate at the bar and on the bench; and I think it no light praise to say of him, that while be was on the bench I never knew or heard of any member of the bar who felt that he had received from him an undeserved rebuff or an unmerited rebuke, or who had been humiliated in his own or his client's estimation by apparent indifference or inattention.
He seemed at all times to realize that ours is a profession in which many may succeed, but in which few indeed can become masters, -- a labyrinth having many chambers, into all of which most have looked and but few entered. He was not of those who dazzle us with spasmodic or erratic bursts of brilliancy, or startle us with novel propositions, or overwhelm us with unfathomable subtleties, but of those who exhibit that calm and deliberate strength which ever attends a well rounded mind. The sad events which occasioned his retirement from this court caused a public loss. His death deprived a large circle of friends of one whom they had honored and loved for his many virtues.
Charles Levi Woodbury, Esq., then addressed the court as follows:
May it please your Honors, -- Nearly thirty years have I been closely connected with the late Judge Gardner in various ways. My knowledge of him springs not only from association at the bar, and from observation of his ability and his courtesy, patience, and justice as a judge, but from intimate association in many social organizations and the pursuit of many kindred tastes. True it is that always and everywhere character and conduct have stamped their highest qualities on his mind, and commanded for him the respect and esteem of his associates. In a very marked degree has been his success as a presiding officer, not only in judicial but in other organizations, and rare executive ability has characterized his administration as chief of wide-spread organizations whose benevolent and charitable character are well known.
His tastes led him to antiquarian and historical pursuits connected with the early history of New England, and of these organizations themselves. His contributions to the literature of these subjects were marked with accuracy of investigation, purity of style, and chaste eloquence. His investigations in the symbology of medieval art and architecture bore one fruit in the erection of the church from which be was buried. He was a man of wise and prudent counsels. "Unto him men gave ear, and waited and kept silence at his counsel." He was not long enough on the bench of this court for its reports to embody an adequate monument of his judicial abilities; his fatal disease tore him prematurely from the field of action.
He was a man of modesty; the duties of office he thought more of than of the honors that attended them. In harmony with the esteem betokened by these last honors to his worth, I am here among my brethren of the bar simply to drop my sprig of acacia on his grave.
Chief Justice Morton responded as follows:
Brethren of the Bar, -- We join with the fullest sympathy in your tributes of respect and affection for our deceased associate and friend, by whose death the State has lost an upright, conscientious, and able magistrate, and a respected and useful citizen.
Judge Gardner was born in Hallowell, Maine, on October 1, 1827, so that at the time he was compelled by his failing health to lay down the active labors of life he had not reached the age of sixty years. He was a descendant, on his mother's side, of the eminent family of Sewall, which in the earlier period of our history furnished two Chief Justices of the Superior Court of Judicature of the Province of Massachusetts Bay, and two Justices of the Supreme Judicial Court of the Commonwealth, one of whom, Samuel Sewall, was during the last year of his life the Chief Justice.
He was graduated at Bowdoin College, and afterwards pursued the study of law in Lowell. He was admitted to the bar in 1852, and soon afterwards formed a copartnership with that eminently vigorous and able lawyer, the late Theodore H. Sweetser, and this connection continued until be was appointed a Justice of the Superior Court in 18715. He served in that court for ten years, and gained in the fullest measure the confidence and respect of the bar and of the public. He was regarded by all as a sound lawyer of great ability and of sterling common sense, and was an upright and faithful judge. He performed the various and important duties of that office so successfully, that he won the high esteem of the bar; and when a vacancy occurred on the bench of the Supreme Judicial Court by the death of the late Justice Colburn, the bar with remarkable unanimity looked to Judge Gardner as the fittest person to succeed him.
He was appointed a Justice of this Court in October, 1885, with the general approval of the community. He hesitated somewhat as to accepting the office. Possibly he had some premonitions of failing health which warned him against entering upon new and exacting duties. But he finally accepted the office, and, entering at once upon its duties, devoted himself to their performance with untiring diligence until the spring of 1887, when he was compelled by his ill health to cease from his labors. He hoped that a trip to Europe, involving complete rest and change of scene, would restore his health; but in this hope he was disappointed, and soon after his return felt it his duty to resign his office. He was with us but a short time, but we learned to respect and love him.
He had a powerful and well trained intellect, and a temperament fitted for judicial duties, being patient in hearing and impartial in judgment. He was always self-possessed and courteous in discussions, never uttering a quick or impatient word which he would wish to recall. He arrived at results through careful and thorough investigation; and having a strong sense of what was fair and reasonable, his conclusions were usually sound and reliable. His short service demonstrated that, if his health had remained sound, he would have made one of the most able, useful, and honored members of the court.
Outside of his chosen profession, he was deeply interested in the institution of Freemasonry, and was held in esteem and honor by all the members of that great fraternity. He was also deeply interested in the Protestant Episcopal Church, being a devoted member and an active participant in all the work of this diocese. In all the relations of life he was faithful and true, and therefore honored and respected. We remember with sorrow that the last year of his life was passed in sickness, amid clouds and darkness; but surely we may now rejoice in the faith that he has entered upon an inheritance of light and peace, the reward of a just, upright, and Christian life.
Concurring with the sentiments expressed in your resolutions, we shall order that they, together with a memorandum of these proceedings, be entered upon the records of the court.
The Court then adjourned.
Supreme Judicial Court of Massachusetts. Office of Reporter of Decisions. Memorial Sittings.8
Child of Hon. William Sewall Gardner and Mary Parker Thornton
- Mary Sewall Gardner7 b. 5 Feb 1871, d. 20 Feb 1961
Citations
- [S83] NEHGR, Vol. 45 p. 320.
- [S212] James W. North, The history of Augusta, p. 934.
- [S5] William Darcy McKeough, McKeough Family Tree.
- [S34] Unverified internet information, http://www.nh.searchroots.com/HillsboroughCo/Merrimack/…
- [S112] Unknown author, Sewall. 1908, c.f.
- [S89] LDS Record, IGI lacking source.
- [S112] Unknown author, Sewall. 1908.
- [S34] Unverified internet information, http://www.massreports.com/memorials/147ma621.htm
Rev. Edmund Garland1
M, b. 15 February 1799, d. 3 April 1886
Rev. Edmund Garland|b. 15 Feb 1799\nd. 3 Apr 1886|p172.htm#i10224|Samuel Garland|b. 28 Nov 1771\nd. 5 Mar 1855|p172.htm#i10225|Molly Batchelder|b. 7 Jul 1775\nd. 18 Nov 1833|p29.htm#i10226|||||||||||||
Rev. Edmund Garland was born on 15 February 1799 in Parsonsfield, Maine.1 He was the son of Samuel Garland and Molly Batchelder.1 The marriage intention of Rev. Edmund Garland and Mary Sewall, daughter of Daniel Sewall and Dorcas Bartlett, was published on 19 August 1831 in Kennebunk, Maine; the marriage was announced in the New-Hampshire Gazette of
September 20, 1831.1,2,3 Rev. Edmund Garland married secondly Lucretia W. Dorrance on 11 August 1874.4,5 Rev. Edmund Garland died on 3 April 1886 in Granville, Ohio, at the age of 87.1
September 20, 1831.1,2,3 Rev. Edmund Garland married secondly Lucretia W. Dorrance on 11 August 1874.4,5 Rev. Edmund Garland died on 3 April 1886 in Granville, Ohio, at the age of 87.1
Citations
- [S106] Maine Families in 1790, Vol. 7 p. 450.
- [S130] Massachusetts Vital Records, Vital Records of Andover, Massachusetts to the Year 1850.
- [S205] Newspaper, New-Hampshire Gazette, September 20, 1831.
- [S34] Unverified internet information, http://home.earthlink.net/~pbkingman5/Garland/… (as at April 2007).
- [S107] 1880 US Census, Granville, Licking, Ohio.
Samuel Garland1
M, b. 28 November 1771, d. 5 March 1855
Samuel Garland was born on 28 November 1771 in Hampton, New Hampshire.2 He married Molly Batchelder on 1 June 1794.1,2 Samuel Garland died on 5 March 1855 at the age of 83.2
Child of Samuel Garland and Molly Batchelder
- Rev. Edmund Garland1 b. 15 Feb 1799, d. 3 Apr 1886
Citations
- [S106] Maine Families in 1790, Vol. 7 p. 450.
- [S34] Unverified internet information, http://home.earthlink.net/~pbkingman5/Garland/… (as at April 2007).
Anna Elizabeth Garmire1
F, b. 1887
Anna Elizabeth Garmire was born in 1887.1 She married Frank Edward Alden, son of Charles Peck Alden and Lora Kiser.1
Child of Anna Elizabeth Garmire and Frank Edward Alden
- Avis Alden1 b. 1908
Citations
- [S4] Sandra MacLean Clunies, Clunies files.
(un-named) Garnet1
M, d. 1644
(un-named) Garnet|d. 1644|p172.htm#i20531|William Garnet||p172.htm#i20499|Catherine Foxall|b. 3 Oct 1613|p162.htm#i20498|||||||Thomas Foxall|d. May 1647|p163.htm#i14033|Elizabeth Garraway|b. 18 Nov 1582\nd. 23 Jun 1650|p172.htm#i14036|
(un-named) Garnet was the son of William Garnet and Catherine Foxall.1 (un-named) Garnet was buried on 2 April 1644.1
Citations
- [S507] Leland Lewis Duncan & Oswald Barron, St. Margaret's, Lee, p. 44.
Elizabeth Garnet1
F, d. February 1644/45
Elizabeth Garnet|d. Feb 1644/45|p172.htm#i20530|William Garnet||p172.htm#i20499|Catherine Foxall|b. 3 Oct 1613|p162.htm#i20498|||||||Thomas Foxall|d. May 1647|p163.htm#i14033|Elizabeth Garraway|b. 18 Nov 1582\nd. 23 Jun 1650|p172.htm#i14036|
Elizabeth Garnet was the daughter of William Garnet and Catherine Foxall.1 Elizabeth Garnet was buried on 8 February 1644/45 in St. Margaret's, Lee, Kent.1
Citations
- [S507] Leland Lewis Duncan & Oswald Barron, St. Margaret's, Lee, p. 44.
Foxal Garnet1
M, d. November 1639
Foxal Garnet|d. Nov 1639|p172.htm#i20529|William Garnet||p172.htm#i20499|Catherine Foxall|b. 3 Oct 1613|p162.htm#i20498|||||||Thomas Foxall|d. May 1647|p163.htm#i14033|Elizabeth Garraway|b. 18 Nov 1582\nd. 23 Jun 1650|p172.htm#i14036|
Foxal Garnet was the son of William Garnet and Catherine Foxall.1 Foxal Garnet was buried on 24 November 1639 in St. Margaret's, Lee, Kent.1
Citations
- [S507] Leland Lewis Duncan & Oswald Barron, St. Margaret's, Lee, p. 44.
Mary Garnet1
F
Mary Garnet||p172.htm#i20507|William Garnet||p172.htm#i20499|Catherine Foxall|b. 3 Oct 1613|p162.htm#i20498|||||||Thomas Foxall|d. May 1647|p163.htm#i14033|Elizabeth Garraway|b. 18 Nov 1582\nd. 23 Jun 1650|p172.htm#i14036|
Citations
- [S507] Leland Lewis Duncan & Oswald Barron, St. Margaret's, Lee, p. 72.
Sarah Garnet1
F
Sarah Garnet||p172.htm#i20508|William Garnet||p172.htm#i20499|Catherine Foxall|b. 3 Oct 1613|p162.htm#i20498|||||||Thomas Foxall|d. May 1647|p163.htm#i14033|Elizabeth Garraway|b. 18 Nov 1582\nd. 23 Jun 1650|p172.htm#i14036|
Citations
- [S507] Leland Lewis Duncan & Oswald Barron, St. Margaret's, Lee, p. 72.
Thomas Garnet1
M, b. say 1639, d. December 1648
Thomas Garnet|b. s 1639\nd. Dec 1648|p172.htm#i20500|William Garnet||p172.htm#i20499|Catherine Foxall|b. 3 Oct 1613|p162.htm#i20498|||||||Thomas Foxall|d. May 1647|p163.htm#i14033|Elizabeth Garraway|b. 18 Nov 1582\nd. 23 Jun 1650|p172.htm#i14036|
Thomas Garnet was born say 1639.1 He was the son of William Garnet and Catherine Foxall.1 Thomas Garnet died in December 1648 in Lee, Kent.1 He was buried on 4 December 1648 in St. Margaret's, Lee, Kent.2
William Garnet1
M
William Garnet married Catherine Foxall, daughter of Thomas Foxall and Elizabeth Garraway, in 1637/38 a marriage licence was granted by the Bishop of London on 10th March 1637/38 for St. Sepulchre's or Christ Church, London.1
Children of William Garnet and Catherine Foxall
- Mary Garnet2
- Sarah Garnet2
- Foxal Garnet3 d. Nov 1639
- Elizabeth Garnet3 d. Feb 1644/45
- (un-named) Garnet3 d. 1644
- Thomas Garnet1 b. s 1639, d. Dec 1648
Elizabeth Garraway1
F, b. 18 November 1582, d. 23 June 1650
Elizabeth Garraway|b. 18 Nov 1582\nd. 23 Jun 1650|p172.htm#i14036|Sir William Garraway Kt.|b. c 1537\nd. 26 Sep 1625|p173.htm#i14037|Elizabeth Anderson|b. b 1554\nd. 12 Dec 1636|p17.htm#i14041|John Garraway||p172.htm#i14038|Ursula Bridges||p48.htm#i14039|Thomas Anderson|d. b 1554|p17.htm#i14095|Katherine Hopton|b. s 1525\nd. bt 18 Sep 1598 - 16 Feb 1599|p230.htm#i14094|
Elizabeth Garraway is also recorded as Elizabeth Garway.3 She was baptised on 18 November 1582 at St. Peter le Poer's, London.3 She was the daughter of Sir William Garraway Kt. and Elizabeth Anderson.1,2 Elizabeth Garraway married Thomas Foxall, son of Thomas Foxall and Joan Bulledine. Elizabeth Garraway made a will on 20 June 1650 Elizabeth Foxall of Leigh, alias Lee, Kent, widdow. Dated 20 June 1650. Mentions my daughter Averine Broome, widow, deceased. Robert Stringer, my son in law (who married Martha my daughter). My husband Thomas Foxall, deceased. My grandchildren Mary and Sara Gamett (two of the children of my daughter Katherin by William Garnett her husband). James, George and Elizabeth Taylor (there children of my daughter Mary, by Christopher Taylor her husband.) Thomas, Rebecca Elizabeth Bynion (children of my daughter Margarett by Richard Bynion her husband). Settles estates, &c. at Bexley. Holds from the City of London, a water-mill, house and lands &c. in Lewsham, in occupation of Thomas Dawes or his assigns. To George, Anne and Mary (children of my daughter Mary by George Morefield her husband). Sara, Elizabeth and Martha (children of my daughter Martha, by Robert Stringer her husband.) Has an indenture dated 27 February 19 late Charles, between Thomas Foxall, Christopher Barrett, Sir Humphry Briggs, and Dame — his wife, and Averine Broome of the one part, and Elizabeth Banks my daughter, widow, of the other, of a messuage and lands called Stonepitts, in Leigh or Lewtham, arranges regarding same. To be buried by my late husband in Lee churchyard. Codicill regarding Linnen, &c. In presence of Anthony Staple and Henry Kirby. Probate 25 June 1650. 91 Pembroke.4 She died on 23 June 1650 at the age of 67.5 She was buried on 26 June 1650 in Lee, Kent.1
Children of Elizabeth Garraway and Thomas Foxall
- Elizabeth Foxall5
- Margaret Foxall+5
- (son) Foxall6
- (son) Foxall6
- Averine Foxall+5 b. c 1603, d. 1 Feb 1644/45
- Mary Foxall+4 b. 7 Jun 1612
- Catherine Foxall+5 b. 3 Oct 1613
- Mary Foxall+1 b. 15 Feb 1617/18, d. 1 Mar 1685/86
- Martha Foxall+5 b. 2 Dec 1619
Citations
- [S156] Douglas Richardson, Plantagenet Ancestry, p. 708.
- [S156] Douglas Richardson, Plantagenet Ancestry, p. 707.
- [S89] LDS Record, Parish registers for St. Peter le Poer's Church, London, 1561-1905.
- [S507] Leland Lewis Duncan & Oswald Barron, St. Margaret's, Lee, p. 72.
- [S506] George Lawrence Gomme, Gentleman's Magazine Library, English topography, part 17 (London, vol. 3), p. 208.
- [S235] The Visitation of London 1633-35, p. 289.
John Garraway1
M
Child of John Garraway and Ursula Bridges
- Sir William Garraway Kt.+1 b. c 1537, d. 26 Sep 1625
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