Monday, October 7, 2013

Amanuensis Monday - Post 192: 1864 Deed from James R. Bruce to Isaac Seaver 3rd in Westminster, Mass.

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 in Worcester County, Massachusetts dated 11 January 1864, from James R. Bruce to Isaac Seaver 3rd (my great-great-grandfather):


Know all men by these presents, that I, James R. Bruce of Westminster County of Worcester and Commonwealth of Massachusetts in consideration of one thousand dollars paid by Isaac Seaver 3d of said Westminster the receipt whereof is hereby acknowledged, do hereby give, grant, sell and convey unto the said Isaac Seaver 3d his heirs and assigns a certain tract of land situated on the road leading from the street in said Westminster to Lorenzo Winship's and bounded as follows.  Beginning at the Northerly corner of said tract on the Westerly side of said road thence 75 W 8 rods 16 links, thence S 50 W 4 rods 11 links, thence S 9 E 16 rods, thence S 86 E 12 rods 4 links, thence N 9-1/2 W 19 rods to the first to the first named bound, the last line running on said road.  Also, one other tract of land situated on the Easterly side said road and nearly opposite of the above described tract and bounded as follows: Beginning on at a stake & stones on the Easterly side of said road, thence N 8 W 29 rods 5 links to a stake & stones, thence N 21 E 11 rods 6 links to a stake & stones, thence S 40-1/2 E 21 rods 12 links to a stake & stones, thence N 52 E 57 rods 8 links to a stake & stones, thence S 52-1/4 E 24 rods 10 links to a stake & stones, thence S 33-1/2 E 43 rods to a stake & stones, thence S 53 W 12 rods 1 link to a stake & stones on land of T.H. Bailey thence N 42-3/4 W 32 rods 10 links to a stake & stones on land of Wid. A. Mosman, thence N 81 W 21 rods 5 links to a stake & stones, thence S 33 W 20 rods 6 links to a stake & stones, thence N 37-1/2 W 1 rod to a stake & stones, thence in a straight line to the bound first named on said road containing 17 acres more or less.  Also one other tract of land adjoining the first above described tract on its Southerly side and Westerly side of the afore named road  and bounded as follows:  Beginning at the Southerly corner of the first above named tract on said road, thence Southerly on said road 6 rods to land of Charles Upton, thence Westerly on land of said Upton 5 rods, thence Northerly by said Upton's land 6 rods to the line of land first described above, thence Easterly by said land 5 rods to the first named corner at the road.  The said Seaver herewith and hereby declares that he makes purchase of the above described Real estate to hold as and for a homestead in accordance with the statutes of the Commonwealth. 

To have and to hold the afore granted premises to the said Isaac Seaver 3d his heirs and assigns, to their use and behoof forever.  And I do for myself, my heirs, executors and administrators covenant with the said Isaac Seaver 3d his 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 Isaac Seaver 3d and that I will and my heirs shall warrant and defend the same premises to the said Isaac Seaver 3d his heirs and assigns forever against the lawful claims and demands of all persons. 

And, Lucinda Bruce, wife of the said James R. Bruce, for the consideration aforesaid do hereby release and quitclaim unto the said Isaac Seaver 3d his heirs and assigns all right claim or possibility of dower in said premises.

In witness whereof, we the said James R. Bruce and Lucinda Bruce have herewith set our hands and seals this first day of January in the year of our Lord one thousand eight hundred and sixty four.

Signed, sealed and delivered    }                              James R. Bruce     {seal}
in presence of                         }                              Lucinda Bruce       {seal}
W.S. Bradbury                        }                              
Abbie E. Bruce                       }                              Worcester ss. Jan 11
Elis. H. Smith                         }                               1864.  Then 
personally appeared the within named James R. Bruce acknowledged the above instrument to be his free act and deed.

Before me                    William S. Bradbury                   Jus. of the Peace
Rec^d Nov 15th 1864 at 9:30 A.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 20 May 2013) , Worcester County, "Deeds 1864, Vol. 692-693," image 252-253 of 702, in Volume 692, Pages 468-470, James R. Bruce to Isaac Seaver 3d, three parcels of land in Westminster, Mass., dated 11 January 1864 recorded 15 November 1864.

Astute readers will notice that this is the same three parcels of land that Isaac Seaver sold to James R. Bruce in 1861.  The descriptions are essentially identical, and the sale amount are the same, $1000.  Why would they do that?  James R. Bruce is Isaac's uncle (husband of Lucinda (Seaver) Bruce, daughter of Benjamin Seaver (1757-1816)).  Perhaps James Bruce needed money in 1861 for another transaction, and Isaac sold him the land then, and now James Bruce has the money and Isaac bought it back.  Or perhaps James bought the land in 1861 on credit and promised Isaac that he would sell it back to him later.  It was also about this time that Isaac went off to serve in the Civil War, and he might have wanted his widow to have property if he was killed in the war.

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Copyright (c) 2013, Randall J. Seaver

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