Monday, September 30, 2013

Amanuensis Monday - 1861 Deed in Westminster, Mass. from Isaac Seaver 3rd to James r. Bruce

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 a deed for three parcels of land in Westminster, Worcester County, Massachusetts, dated 6 February 1861, conveyed from Isaac Seaver 3rd (my great-great-grandfather) to James R. Bruce:


Know all men by these presents, that I, Isaac Seaver 3d, of Westminster, in the County of Worcester and Commonwealth of Massachusetts and I Lucretia T. Seaver wife of said Grantor who joins in this deed in order to comply with the requisition of the Chapter 238 of the Statutes of this Commonwealth passed in the year 1855 entitled "An Act to exempt from Levy on Execution the homestead of a Householder" in consideration of one thousand dollars paid by James R. Bruce of said Westminster the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey, unto the said James R. Bruce his heirs and assigns the following described parcel of land, situated in said Westminster on the westerly side of the road leading from Main street to the house of Cyrus Winship and bounded and described as follows to wit.  Commencing at the Northerly corner thereof and running North 75 West 8 rods and 16 links, thence South 50 West 4 rods and 11 links thence South 90 East 16 rods, thence South 86 East 12 rods and 4 links, thence North 9-1/2 West 19 rods to the first mentioned bound.  Also one other parcel of real estate lying on the Easterly side said road and bounded and described as follows to wit: Commencing at a stake and stones at said road and running thence North 8 West 29 rods and 5 links to a stake and stones, thence North 21 East 11 rods and 6 links to a stake and stones, thence South 40-1/2 East 21 rods and 12 links to a stake and stones, thence North 52 East 57 rods and 8 links to a stake and stones, thence 53-1/4 East 24 rods and 10 links to a stake and stones on land of Abraham Mosemans estate, thence North 81 West 21 rods and 5 links to a stake and stones, thence South 33 West 20 rods and 6 links to a stake and stones, thence North 37-1/2 West 1 rod to a stake and stones in a straight line to the first mentioned bound, containing 17 acres more or less. Being the homestead of the late Frederick Winship with all the privileges thereunto belonging.  Also one other parcel of real estate situated in said Westminster on the road leading from Westminster to Ashburnham and adjoining the first described parcel and bounded and described as follows to wit:  Commencing at the Northeast corner thereof on the line of said road and running thence South by said road 6 rods, thence West by land of Charles Upton 5 rods, thence North by said Upton's land 6 rods to the parcel first described, thence East by the parcel first described 5 rods to the first mentioned corner and is the same real estate conveyed to me by Luke Bigelow by his deed dated June 16th A.D. 1858, and recorded in the Worcester Registry of Deeds Book 596 Page 381 with all the conditions mentioned on said deed.

To have and to hold the above-granted premises with all the privileges and appurtenances to the same belonging to the said James R. Bruce and his heirs and assigns, to his & their use and behoof forever.  And I the said Grantor for myself and my heirs, executors and administrators do covenant with the said Grantee and his heirs and assigns that I am lawfully seized in fee simple of the aforegranted premises, that they are free of all incumbrances; that I have good right to sell and convey the same to the said Grantee and his heirs and assigns forever as aforesaid and that I will and my heirs executors and administrators shall warrant and defend the same to the said Grantee and his heirs and assigns forever against the lawful claims and demands of all persons. 

In witness whereof, we the said Isaac Seaver 3d and Lucretia T. Seaver wife of said Grantor who for the consideration aforesaid and one dollar to me paid by said Grantee the receipt whereof is hereby acknowledged do hereby release to said Grantee & his heirs and assigns forever all right or or to a homestead in or out of said real estate and also in token of my release of all right and title of or to dower in the granted premises have hereunto set our hands and seals this sixth day of February in the year of our Lord one thousand eight hundred and sixty one.

Signed, sealed and delivered    }                              Isaac Seaver 3d      {seal}
in presence of                         }                             Lucretia T. Seaver   {seal}
C.W. Carter                            }                              Commonwealth of Massachusetts
Isaac Seaver                           }                              Worcester ss. Feb 6th 1861. Then
Elis. H. Smith                         }                               personally appeared the within
named Isaac Seaver 3d and acknowledged the foregoing instrument to be his free act and deed.

Before me                         C.W. Carter                       Justice of the Peace
Rec^d March 5th 1861 at 2:20 P.M. Ent^d & Ex^d By. Alex. H. Wilder, Reg^r.


The source citation for this deed is:

"Massachusetts, Land Records, 1620-1986," digital images, Church of Jesus Christ of Latter-Day Saints, FamilySearch (https://familysearch.org : accessed 28 May 2013) , Worcester County, "Deeds 1861, Vol. 636-637," image 229-230 of 679, in Volume 637, Pages 439-440,  Isaac Seaver 3d to James R. Bruce deed, land in Westminster, Mass., dated 6 February 1961, recorded 5 March 1861.

 This deed conveys three parcels of land in Westminster owned by Isaac and Lucretia T. Seaver to James R. Bruce.  James R. Bruce was Isaac Seaver 3rd's uncle, married to his aunt, Lucinda (Seaver) Bruce.  Lucinda was the sister of Isaac's father, Benjamin Seaver (1791-1825).

I think that the witness Isaac Seaver to the deed above is the step-father of Isaac Seaver 3rd, who was married to Abigial (Gates) (Seaver) Seaver, Isaac the 3rd's mother.  I think that the witness Elis. H. Smith is Lucretia T. (Smith) Seaver's mother, Elizabeth Horton (Dill) Smith (1791-1869), widow of Alpheus B. Smith.

Astute readers will recall that Isaac Seaver 3rd bought land from James R. Bruce in 1847, but I don't think that land is included in this transaction.  The land that Isaac Seaver 3rd bought from Luke Bigelow in 1858 was included in this transaction.  I have not yet found the deeds conveying the other two parcels in this transaction to Isaac Seaver 3rd.

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Copyright (c) 2013, Randall J. Seaver

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