Monday, January 28, 2019

Amanuensis Monday - 1807 Deed of Mary Barry to Zachariah Hildreth in Townsend, Mass.

This week's document for Amanuensis Monday is the 1807 deed of Mary Barry to  Zachariah Hildreth of Townsend in the Middlesex County, Massachusetts Land Records: 

[Volume 178, pages 298-299]

[Volume 178, pages 300-301]

The transcription of this deed is:

[Volume 178, page 298, starts in  middle of left-hand page]

[in left-hand margin]

Mary Barry

Zachariah Hildreth

[Body of text]

Know all men by these presents that I Mary Barry

of Middleton in the county of Middlesex and State of Connecti-
cut in consideration of fifteen dollars paid by Zachariah
Hildreth of Townsend in the county of Middlesex and com-
monwealth of Massachusetts gentleman, the receipt whereof
I do hereby acknowledge do hereby giver, grant, sell and
convey unto the said Zachariah Hildreth his heirs and as-
signs one undivided moiety of twenty six and an half acres
of land situate in Townsend aforesaid being part of the
original right or house lot of Joseph Crosby which he convey-
ed to Hugh Hall deceased, and is all the right and title

[Volume 178, page 299]

which said Mary claims to the same under the will 
of said Hugh Hall and is held in common with the other heirs or de-
vices of said Hugh Hall which twenty six and an half acres
is bounded, beginning at a stake and stones for a corner in
Ebenezer Ball's line, thence northwardly by said Ball's land about
eight five rods to a stake and stones a corner of Nathan Scales land
thence eastwardly by said Hildreth's own land about fifty rods to a
corner, thence northwardly by said Hildreth's land about eighty
five rods to a corner of Isaac Kidders land thence westwardly by
said Kidders land about fifty rods to the first mentioned bounds.
To Have and to Hold the aforegranted premises to the said
Zachariah Hildreth ^and^ his heirs and assigns to his and their use
and behoof ^forever^.  And I do covenant with the said Zachariah Hildreth
and his heirs and assigns that I am lawfully seized in fee of the
aforegranted premises in right of me the said Mary Barry
that they are free of all incumbrances, that I have good right
to sell and convey the same to the said Zachariah Hildreth
And that I will warrant and defend the same premises to
the said Zachariah Hildreth his heirs and assigns forever
against the lawful claims and demands of all persons.
Provided always and it is hereby expressly agreed by
and between the parties to this deed respectively that in case
the said Zachariah Hildreth should ever hereafter be evicted
from the premises above conveyed or any breach of covenant
should be alleged by the grantee, that the consideration with
interest thereon after the rate of six per cent by the year
shall be and the same is hereby agreed to be the only dam-
ages to which the grantor shall be liable for any breach
of said covenants.  In witness whereof I the said Mary
Barry have hereunto set my hand and seal this twen-
ty fifth day of December in the year of our Lord one thou-
sand eight hundred and seven.  Mary Barry by her
Att^o Sam^l Dana and seal.  Signed sealed and deliver-
ed in presence of us.  Some words in the 1^st 3^d and 4^th lines
on page 1^st and some words in the 14^th 15^th and 16^th lines
on page 2^d being erased and others inserted Josiah Richard-
son Ezra Blood.  Commonwealth Massachusetts Middle-
sex Ss December 25^th 1807.  Personally appeared Samuel 
Dana Esqr Attorney to M^rs Mary Barry and acknowledg-
ed the above instrument to her voluntary act and
deed before me Aaron Brown Justice of Peace, Mid-

[Volume 178, page 300]

dlesex Ss Cambridge June 9th 1808.  Received and entered
                                   by Samuel Bartlett Regr.

The source citation for this recorded deed is:

"Massachusetts, Land Records, 1620-1986," digital images, Church of Jesus Christ of Latter-Day Saints, FamilySearch ( : accessed 23 December 2018), Middlesex County, "Deeds, 1808, Vol. 178," Volume 178, pages 298-300 (images 162-163 of 276), Deed of Mary Barry to Zachariah Hildreth, executed 25 December 1807, recorded 9 June 1808.

This deed is for 26 and a half acres of land in Townsend, adjacent to land owned by Ebenezer Ball, Nathan Scales, Zachariah Hildreth and Isaac Kidder.  Zachariah paid 15 dollars in 1807 for this piece of land, which measures 85 rods (1,402.5 feet) in one dimension (easterly and westerly), and 50 rods (825 feet) northerly and southerly, in a rectangular shape.  

The index entry for this deed calls the grantor Mary "Barry" but the written surname looks more like "Banry" or "Baury."  She apparently resides in Middleton, Connecticut and her attorney, Samuel dana, handled this transaction.

Zachariah Hildreth (1754-1829) "gentleman" is my 4th great-grandfather, who married Elizabeth Keyes (Hannah Sawtell (1759-1793) in Townsend, Massachusetts in 1777.  I am descended from their son, Zachariah Hildreth (1783-1857) who married Hannah Sawtell (1789-1857 in 1810.


NOTE:  Genea-blogger John Newmark (who writes the excellent  TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday."  John offers this definition for "amanuensis:" 

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

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