Monday, June 4, 2012

Amanuensis Monday - 1826 Deed of Lebbeus Smith to Alpheus B. 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 Lebbeus Smith to Alpheus B. Smith (1802-1840) in 1826.  This deed is in:

Norfolk County (Massachusetts) Register of Deeds, "Land Records - Deeds, 1793-1890," Family History Library, Salt Lake City, Utah, on 373 microfilm reels.  Volume 78, Page 166 (accessed on FHL US/CAN Microfilm 839826), Deed, Lebbeus Smith to Alpheus Smith, dated 29 June 1826, recorded 1 July 1826.

The transcription of the deed is:

Smith to Smith [in right margin]

that I, Lebbeus Smith of Medfield in the County of Norfolk and Commonwealth of Massachusetts, husbandman, for and in consideration of six hundred and twenty dollars to me paid by Alpheus B. Smith of said Medfield yeoman, the receipt whereof I do hereby acknowledge, have given, granted, bargained, sold and conveyed, and do hereby give, grant, bargain, sell and convey unto the said Alpheus B. Smith and his heirs and assigns forever.  A certain parcel of land situated in MEDFIELD aforesaid, and bounded, and described as follows: containing by estimation twenty acres be the same more or less, it being the homestead of the said Lebbeus, bounded northwardly on land of the heirs of Eliakim Morse in part, and in part on land of the heirs of Elias Mann, westwardly on land of Elisha Clark in part, and partly on the road leading to Walpole, southwardly on land of Asa Hamont, and eastwardly on land of David Smith together with all the buildings consisting of a house, barn, & smaller building thereon, with all privileges, and appurtenances thereto belonging.

TO HAVE AND TO HOLD the aforegranted premises  to the said Alpheus B. Smith and his heirs and assigns to his and their use and behoof forever.  And I do hereby for myself, my heirs, executors and administrators, covenant with and engage to and with the said Alpheus and his heirs and assigns, that I am lawfully seized in fee of the aforegranted premises; that they are free from all incumbrances, that I have good right to sell and convey the same to the Alpheus, and that I and my heirs, executors and administrators shall and will warrant the same premises to the said Alpheus and his heirs and assigns forever against the lawful claims and demands of all persons.

And I, Lois Smith, wife of the said Lebbeus of said Medfield, for the consideration aforesaid, do hereby remise, release and relinquish to the said Alpheus and his heirs and assigns forever all my right and title to dower in and to the aforegranted premises.

IN WITNESS WHEREOF, we the said parties Lebbeus Smith and Lois his wife as aforesaid in token of her relinquishment of her dower in said premises have hereunto set our hands and seals this twenty ninth day of June in the year of our Lord one thousand eight hundred and twenty six.

Signed, sealed and delivered .............. } ..................... Lebbeus Smith [seal]
in presence of us ................................} .....................  Lois Smith [seal]  
   Daniel Adams ................................ }
   Samuel Guild ................................. }

Norfolk ss. June 30th 1826.  Personally appeared the above named Lebbeus Smith and acknowledged the above instrument, by signed and sealed, to be his free act and deed, before me, Daniel Adams, Justice of the Peace.

July 1st 1826.  Received Entered and Exmained by Enos Foord Sec.

This was the deed that I missed when I was in Salt Lake City back in February.  It clearly details that Alpheus B. Smith purchased the land on which he raised his family, which was later sold by his estate and his widow.  

Copyright (c) 2012, Randall J. Seaver

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