Monday, February 13, 2012

Amanuensis Monday - Deed of Alpheus B. Smith to Lois Smith

Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started his own Monday blog theme many months ago called Amanuensis Monday. What does "amanuensis" mean? John offers this definition:

"A person employed to write what another dictates or to copy what has been written by another."

The subject today is the deed for land in Medfield, Massachusetts sold by Alpheus B. Smith (1802-1840) to Lois Smith.  This deed is in:


Norfolk County (Massachusetts) Register of Deeds, "Land Records - Deeds, 1793-1890," on 373 microfilm reels, Family History Library, Salt Lake City, Utah.  Volume 81-82, on FHL US/CAN Microfilm 841804, Page 164, Deed, Alpheus B. Smith to Lois Smith, dated 14 August 1826.




The transcription of this deed is (handwritten portions in italics):


Know all Men  by these Presents,
THAT I Alpheus B. Smith of Medfield in the County of Norfolk and Commonwealth of Massachusetts Yeoman


in consideration of twenty five dollars paid by Lois Smith wife of Lebbeus Smith of the same Medfield yeoman


the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto the said 


Lois Smith her heirs and assigns forever a tract of land lying at the southerly part of said Medfield containing one acre be the same more or less and is bounded southeasterly on Walpole and Wrentham road and on all other parts on land of Charles Hammond it being the place formerly occupied by George Turner.


TO HAVE AND TO HOLD the afore-granted Premises to the said
Lois Smith her Heirs and Assigns, to her and their Use and Behoof forever.


AND I do covenant with the said Lois Smith her Heirs and Assigns, that I am lawfully seized in Fee of the afore-granted Premises: That they are free of all Incumbrances:  That I have good right to sell and convey the same to the said Lois Smith


AND that I will warrant and defend the same Premises to the said Lois Smith her Heirs and Assigns forever against the lawful claims and demands of all persons.


IN WITNESS WHEREOF, I the said Alpheus B. Smith


have hereunto set My Hand and Seal this fourteenth day of August in the year of our Lord One thousand eight hundred and twenty six.


Signed, sealed, and delivered }
In presence of us                      } .................................... Alpheus B. Smith (seal)
Daniel Adams                           }
Harriet Adams                         }
Norfolk ss. August 14 1826  Then .................................. |
the above-named Alpheus B. Smith ............................... |
acknowledged the above instrument to be his free act  |  DEDHAM, April 8, 1827 Received, entered
and deed - before me, ........................................................| and examined by
Daniel Adams {Justice of ................................................. | .................... Enos Town Register.
......................... {the Peace ................................................ |


This is a very simple transfer of land from Alpheus B. Smith, one of my third great-grandfathers, to Lois Smith, wife of Lebbeus Smith.    I was curious if Lebbeus Smith was related to Alpheus B. Smith.  The book by William S. Tilden, History of the Town of Medfield, Massachusetts 1650-1886 (Boston, Mass.: Geo. H. Ellis, 1887) says that Lebbeus Smith's line was Lebbeus-6, Seth-5, Samuel-4, Samuel-3, Samuel-2, Henry-1.  It says that the line to Alpheus is:  Alpheus-6, Aaron-5, Moses-4, Henry-3, Samuel-2, Henry-1.  So Alpheus and Lebbeus were third cousins.


Lebbeus Smith died in 1828, leaving his wife Lois (Hall) Smith with five children (born 1808-1813).   The Tilden book notes that Lebbeus resided in Dedham in his later years.  It is possible that Lois wanted to have a place in Medfield for herself and her children.


The mystery for me is why did Alpheus B. Smith have this one-acre plot of land surrounded by the land of Charles Hammond?  Charles Hammond (Hamant?) may be the one Charles-5 (1761-1832), Asa Hamant-4, Samuel Hamant-3, Timothy Hamant-2, Francis Hamant-1 (from Tilden's book).


Alpheus B. Smith's paternal grandmother was Patience (Hamant) Smith (1735-1780)-4, daughter of Timothy Hamant-3, son of Timothy Hamant-2, son of Francis Hamant-1.  Patience was a first cousin once removed to Charles Hammond (Hamant?), and Alpheus smith was a second cousin once removed to Charles.  The land was probably passed to Alpheus B. Smith through the Hamant and Smith family generations.   There was no apparent deed in the Norfolk County land records (which started in 1793 when Norfolk County was formed from Suffolk County) granting land to Alpheus.  The land may have been granted to Moses Smith, husband of Patience Hamant, by deed or estate distribution, and then passed to Alpheus's father, Aaron smith and then to Alpheus by deed or estate distribution.  


There are many mysteries in land deeds, aren't there?  


The URL for this post is:  http://www.geneamusings.com/2012/02/amanuensis-monday-deed-of-alpheus-b.html


Copyright (c) Randall J. Seaver, 2012

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