Loss of Estate:
Guardianship and “Boarding Out”
Each time Otis was declared non compos mentis, he lost legal control of not only his house, but his landholdings, and money. To a man who built his career with a speech defending the right to private property, losing control of his possessions must have been devastating. During his guardianship, all payments to and from Otis’ estate were handled by his brother, Samuel Allyne, including household necessities and cash for Otis’ wife, Ruth.
A Man's World
Under the legal concept of coverture, women were not considered legally separate from their husbands or fathers. This meant that most women could not own property and were “covered” by their male relative’s authority. Although Ruth’s £10,000 dowry accounted for a considerable portion of James Otis’ estate, she never had financial control over it and relied on her brother-in-law Samuel Allyne to give her funds when James was incapacitated.
Portrait of Ruth Cunningham Otis, 1755
Ruth Cunningham brought a sizable dowry to her marriage to James Otis, but never controlled the estate. Only after she was appointed executor of Otis’ will did she have legal control of the money she brought to the union.
Boarding Out: Hull
Otis was declared non compos at least three times: in December of 1771, August of 1776, and May of 1777. Each time, he left his Boston house and boarded in the countryside. From 1771 until his death in 1783, Otis lived away from his home and family for years at a time.
In 1771 and 1772, Otis boarded with Daniel Souther of Hull (then, Nantasket), Massachusetts. Records of payment to Souther haven’t been found, but he was likely paid to care for and house Otis for a few months. By April 1772, the court deemed Otis “restored to his right mind,” and he likely went back to Boston.
Reluctant Intervention
While government officials preferred to leave the care of the mentally ill to the community, they did step in when someone was disturbing the peace or threatened to become a financial burden to their family or the colony. If the government declared a person non compos mentis, a guardian was appointed to care for them and control their estate.
A Plan of the Bay and Harbor of Boston (detail), ca. 1775
Otis’ ancestors settled in the coastal town of Hull in the 1630s, and their family name remains in the town’s roads and landmarks.
Boarding Out: Barnstable, Andover
In August of 1777, just over a year after the Declaration of Independence was signed, Otis was once again declared non compos mentis. With the war raging throughout the colonies, Otis boarded with his father at his childhood home in Barnstable. From here, Otis waited for news of the war and received visitors, safely tucked away in the rural town. On Cape Cod, 70 miles from Boston, he watched as the world moved on without him.
In November of 1778, his father James Otis, Sr. died. With no family able to host him, James Jr. was sent to Andover to live with the Osgood family. Payments in Otis’ financial records, managed by Samuel Allyne, show Isaac Osgood was paid for board and reimbursed for purchases he made for Otis including shoes, sugar, and coffee. By all accounts, Otis lived peacefully on the Osgood farm, assisting with childcare and likely helping around the farm and cider mill.
Click here to learn more about why Otis was boarded with the Osgoods in Andover.
Last Residence of James Otis, ca. 1765-1888
Otis spent his final years with the Osgood family in Andover, where he helped with farm chores and tutored children in Latin and Greek.
Last Will and Testament
Otis died at the Osgood farm on May 23, 1783 after being struck by a bolt of lightning. Although he didn’t have authority over his estate in life, Otis left instructions for his heirs. Despite being only a few pages, his will shows how he wanted his estate to be managed, as well as who he valued and who he scorned. In scratchy handwriting, he set aside ten pounds for a “decent suit of mourning” to be chosen by his executors, his wife Ruth and younger daughter Mary. Otis never forgave his older daughter Betsy for marrying a British soldier. “I give said Elizabeth five shilling,” Otis wrote sourly, “if alive.”
Otis left the rest of his estate to Mary and Ruth. And, though he had spent much of his life trying to avoid separation from Great Britain, he proudly accepted the new nation by dating his will:
“In the year of Jesus Christ one thousand seven hundred + eighty Three and of the Asumption Declaration of the Independence of the thirteen United States of North America, the seventh Year.”
In 1761, Otis framed the loss of estate as a sacrifice someone may have to make in service to their country. Thanks to his marriage to Ruth Cunningham and his successful legal and political career, Otis was a wealthy man who ultimately lost control of his estate.
Can you think of a time you made a sacrifice for something you believed in? How did it feel?
Last Will and Testament of James Otis, 1783
Otis’ will gives clues about his relationship with his family shortly before his death. His handwriting is difficult to read, possibly the result of his many years of stress and tumult.