"A person employed to write what another dictates or to copy what has been written by another."
The subject today is a land deed in Worcester County, Massachusetts dated 25 September 1752, signed on 30 March 1754, and recorded on 29 October 1765, transferring two parcels of land in Southborough, Worcester County from John Phillips to Peter Brewer for 74 pounds, 13 shillings and 4 pence (right hand page on the image below):
A transcription of the deed recorded in the Worcester County Deed Books by the Deed Registrar is (handwritten portions in italics, transcribed line by line):
1 Phillips to Brewer
2 To all People to whom these presents
shall come, Greeting,
3 Know Ye, That I, John Phillips of
Southborough in the County
4 of Worcester and Province of the
Massachusetts Bay in New
5 England Husbandman
6 For and in Consideration of the Sum
of Seventy four pounds thirteen shillings & four pence
7 to me in Hand before the
Ensealing thereof, well and truly paid by, Peter Brewer of
8 Southborough aforesaid Husbandman
9 the Receipt whereof I do
hereby acknowledge, and myself, therewith fully satisfied and
10 contented; and thereof, and of every
Part and Parcel thereof, do exonerate, acquit and discharge
11 him the said Peter Brewer
his
12 Heirs, Executors and Administrators,
forever by these Presents: HAVE give, granted, bargained, sold,
13 aliened, conveyed and confirmed; and
by these Presents, Do freely, fully and absolutely give, grant,
14 bargain, sell, aliene, convey, and
confirm unto him the said Peter Brewer his
15 Heirs and Assigns forever, two
Certain pieces of land both upland
16 and Meadow ground situate lying
and Being in Southborough aforesaid one
17 piece Containing Eight Acres and
a half and fifteen Rods be it same more or less
18 and is bounded at the
Northeasterly Corner a Stake and heaps of Stones and is Easterly
bounded
19 by land of aforesaid Peter
Brewer, and on the land of William Collins to a white Pine Tree
20 at the Southeasterly Corner, and
is Bounded Southerly by land of Benjamin Mixer
21 to a Red oak Tree there turning
to a Maple Tree marked, and is Bounded Westerly
22 by land of Ephraim Woods to a
Stake and Stones, then turning and Running to
23 the first mentioned heap of
stones and is Bounded by land of Ephraim Woods
24 and Timothy Johnson. The other
piece is Meadow Ground lying in Southborough
25 aforesaid, Containing two acres
be the same more or less, and is Bounded
26 with a Maple at the Northeast
Corner and is Bounded Easterly by a ditch
27 Twenty Rods to a
Stake and Stones then bounded Southerly by land of Joseph Farr,
28 Sixteen Rods to a stake,
then Bounded Westerly by land of Ezekiel Collins Twenty Rods to a
29 Stake and Stones, then Bounded
Northwest by land of said Brewer Sixteen Rods
30 to the first mentioned Maple
Tree. Together with what is standing, Lying or
31 growing the ???? with a Dwelling
House on the first mentioned piece of Land.
32 To have and to
hold the said granted and bargained Premises, with all the Appur-
33 tenances,
Privileges and Commodities to the same bleonging, or in any wise
appertaining to him
34 the said Peter
Brewer his
35 Heirs and
Assigns forever. To his and their only proper Use,
Benefit and Behoof forever.
36 And I the
said John Phillips
37 for himself,
Heirs, Executors and Administrators, do covenant, Promise and
Grant to and with
38 him the said
Peter Brewer his
39 Heirs and
Assigns, that before the Ensealing hereof, I am the true, sole
and lawful Owner of the
40 above bargained
Premises, and am lawfully seized and possessed of the same in
my own proper
41 Right, as a
good, perfect and absolute Estate of Inheritance in Fee Simple : And
have in myself
42 good right, full
Power and lawful Authority, to grant, bargain, sell, convey, and
confirm said bargained
43 Premises in
Manner as aforesaid : And that him the said Peter Brewer his
44 Heirs and
Assigns, shall and may from Time to Time, and at all Times forever
hereafter, by Force and
45 Virtue of these
Presents, lawfully, peaceably and quietly Have, Hold, Use, Occupy,
Possess and Enjoy
46 the said demised
and bargained Premises, with the Appurtenances, free and clear, and
freely and clearly
47 acquitted,
exonerated and discharged of, from all and all Manner of former or
other Gifts, Grants,
48 Bargains, Sales,
Leases, Mortgages, Wills, Entails, Jointures, Dowries, Judgments,
Executions, or Incum-
49 brances of what
Name or Nature foever, that might in any Measure or Degree obstruct
or make Void
50 this present
Deed.
51 Furthermore, I
the said John Phillips for myself my Heirs,
52 Executors and
Administrators, do Covenant and Engage the above-demised Premises to
him the said
53 Peter Brewer
his Heirs and Assigns
54 against the
lawful Claims or Demands of any Person or Persons whatsoever, forever
hereafter to
55 Warrant, Secure
and Defend by these Presents. In witness whereof I have hereunto
set my hand
56 and seal this Twenty fifth day of
September Annoque Domini one Thousand
57 Seven Hundred and fifty two and
in the Twenty sixth year of his majesty's Reign
58 George the Second of Great
Brittain King &c
59 Signed Sealed and Deliv^d }
John Phillips {seal}
60 in presence of us } Worcester SS March the 30th 1754
61 Ezra Taylor } The within named John Phillips acknowledged the within
62 Mark Collins } written instrument to be his act and deed
63
Before me Saml Lyscom Justice of peace
64 Received Oct. 29th
1765 & accordingly Entered & Examined {signed} Timo. Paine
Reg.
The source citation for this deed record is:
"Massachusetts, Land Records, 1620-1986," digital images, Church of Jesus Christ
of Latter-Day Saints, FamilySearch (https://familysearch.org : accessed 17 July 2013) , Worcester
County, "Deeds 1765-66, Vol. 53-54," image 242 of 682, in Volume 53, Page 433,
John Phillips to Peter Brewer, deed for two parcels of land in Southborough, Mass., 1754.
This is a fairly straightforward land transaction between the parties for two pieces of land in Southborough, Worcester County, Massachusetts. The metes and bounds are generally stakes, stones and trees with the neighbors named at the time of the writing.
Unfortunately, i have not found a deed where John Phillips bought this land. I think that it is part of the land owned by his father, Ebenezer Phillips, and bequeathed to John by Ebenezer in his will dated 20 November 1745 and proved 21 August 1746 (see Amanuensis Monday - Ebenezer Phillips (1695-1746) Will, posted 22 November 2010).
The URL for this post is: http://www.geneamusings.com/2013/11/amanuensis-monday-post-193-john.html
Copyright (c) 2013, Randall J. Seaver
1 comment:
This looks like a 19th-century extract of the original deed. As always in such copying efforts, some things can be skipped, some text not quite exact, etc.
If you can find a way to get access to the original series and indexes from which this was taken, you just might find a recorded deed by which the land was acquired.
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