Monday, February 11, 2019

Amanuensis Monday - 1839 Deed of James Hildreth to Zachariah Hildreth in Townsend, Mass.

This week's document for Amanuensis Monday is the 1839 deed of  James Hildreth to  Zachariah Hildreth of Townsend in the Middlesex County, Massachusetts Land Records: 

[Volume 382, pages 308-310]

[Volume 382, pages 310-311]

The transcription of this deed is:

[Volume 382, page 308, starts at top of left-hand page]

[in left-hand margin]

J. Hildreth
Z. Hildreth

[body of text]

Know all men by these presents,
that I, James Hildreth of Townsend. in the County of Middle-
sex yeoman, in consideration ^of^ three thousand Dollars to me paid
by Zachariah Hildreth, of said Townsend, yeoman, the receipt where-
of I do hereby acknowledge, do hereby give, grant, bargain, sell & con-
vey unto the said Zachariah Hildreth, his heirs & assigns forever, 
a certain tract of land, situate in the southeasterly part of said
Townsend, on both sides of the road leading from Henry Sceva's
in Townsend to Lunenburg, bounded beginning at a stake &
stones on the east side of the road aforesaid, at a corner of
Ephraim Spaulding's land; thence northeasterly on land of said
Spaulding, to a stake & stones; thence southerly on land of
said Spaulding, to a stake & stones at the road leading from
said Spaulding's to Joel Emory's; thence westerly on said
road, to a corner of the sforesaid road leading from said
Sceva's to Lunenburg; thence crossing said last mentioned
road, to a corner of Isaac Spaulding's land at a stake & stones;
thence westerly on land of said Isaac Spaulding & land of
Lucy Spaulding to the School lot, so called, to a stake & stones;
thence west about 41 [deg] north, by land of Samuel Scales & land of
Solomon Green, about one hundred & fourteen & two thirds rods,
to a stake & stones, a corner of land of Elisha Conant;  thence
northerly in a straight line by land of said Conant & land of
said Zachariah Hildreth to a stake & stones on the bank of the
Squanicook river; thence easterly by said river as it former-
ly run, meaning to follow the old channel of said river, to the 
Clark Bridge so called across said river; thence southerly by
the road first mentioned to the bounds first mentioned, except-
ing the road passing through said premises.  Also a certain
other tract of land situate in the southerly part of said Town-
send on Babary Hill, so called, bounded, beginning at the south-
east corner of the premises, by land formerly owned by Henry
Sanderson, at a stake & stones; thence north 60[deg] west, nineteen
rods, 17=1/2 links, by land formerly owned by said Sanderson
to a stake & stones; thence north 30[deg] east, fifty five rods
by land of Zachariah Hildreth, to a stake and stones;
thence south, 60[deg] east, nineteen rods & 17-1/2 links, by land 
of Samuel Scales, to a stake & stones; thence south
30[deg] west, sixty five rods, by land of Joseph Steele, to
the bounds first mentioned.  Also Pew No. 8 in the
brick meeting house belonging to the Orthodox Con-
gregational Church & Society in said Townsend, being
the same premises granted by the said Zachariah to

[Volume 382, page 309]

to me, by deed bearing even date herewith.  To have & to hold
the aforegranted premises to the said Zachariah Hildreth,
his heirs & assigns, to his and their use & behoof forever.  And
I do covenant with the said Zachariah Hildreth, his heirs &
assigns, that I am lawfully seized in fee of the aforegrant-
ed premises, that they are free of all incumbrances; that
I have good right to convey the same to the said Zachariah
in manner aforesaid; & that I will warrant & defence the same
premises to the said Zachariah Hildreth, his heirs and assigns
forever, against the lawful claims & demands of all persons.
Provided nevertheless, that if I the said James Hildreth, my
heirs, executors, or administrators, shall well & truly keep,
perform & fulfil the condition of a certain bond bearing even
date herewith given by the said James to the said Zachariah
in the penal sum of three thousand Dollars, conditioned that
the said James, in consideration that the said Zachariah
had conveyed to said James certain real estate, being a por-
tion of the homestead farm of said Zachariah, situate in the
southeasterly part of said Townsend, the said James should
pay, or cause to be paid, satisfied & fully discharged, all the
debts, claims & demands of whatever name or nature, that
are in any way due from the said Zachariah to any per-
son or persons whosoever, or for which the said Zachariah
is in any way liable, except one note due from said Zach-
ariah to Otis Seaver, dated Dec^r 20^th 1837, the principal of
which was originally two hundred Dollars; and except-
ing one half of the amount due Adams & Powers from
said Zachariah for sawing.  And that the said James shall
provide his father, the said Zachariah Hildreth, and his 
mother, Hannah Hildreth, during their joint lives, &
the life of the survivor of them, sufficient good
firewood, cut fit for the fire to support one fire
at all seasons of the year; said wood to be deliv-
ered free of expense to them at the dwelling house
now occupied by said Zachariah.  And that the said
James shall provide and furnish the said Zachariah
& Hannah, during their joint lives, & the life of the
survivor of them, free of expense, with all kinds
of provisions that may be necessary & proper to
their comfortable support & maintainance, mean-
ing to include flour, & all kinds of grain, meat,
vegetables and West India goods, & whatever else
may be necessary, proper, and conducive to their

[Volume 382, page 310]

comfort & support, in a way & manner suitable to their rank &
condition in life; to be furnish in such quantities, & at such times
as they shall require for their support.  And that the said James 
shall supply them with suitable nursing & doctoring, whenever
they shall need the same, and provide for them all kinds of cloth-
ing that they shall need suitable to their condition in life; it be-
ing understood however, that if the said Hannah shall survive
her husband the said Zachariah & shall demand her dower in
his estate, & have the same set off to her, the said James shall
not be liable after her dower is set off to furnish here the afore-
said supplies.  The said James shall also board & clothe and
school his three youngest brothers, till they shall severally
arrive at the age of sixteen years & his two youngest sisters
till they arrive at the age of eighteen years, if the said
Zachariah shall request him so to do.  The said James to
permit them to attend all of the winter schools taught in
the district in which he resides & to be entitled to the bene-
fit of the labor of his said brothers & sisters while they are
with him.  And that the said James shall permit his said
father & mother & their family to occupy Pew No. 8 in the
Brick meeting house in said Townsend during their lives, and
at all times whenever they shall request him to furnish them
with a suitable horse & carriage to ride to meeting or wherever
they shall wish.  And that the said James shall pay to each
of his three sisters, Clarissa, Elizabeth & Harriet A. the sum
of fifty Dollars each, to be paid when they severally ar-
rive at the age of twenty five years, or are married, whichever
event may first happen.  Now if the said James shall well &
faithfully perform, keep & fulfil all & every part of the condi-
tion of said bond, & the agreements therein contained, according
to the true intent & meaning thereof, then this deed, as also the
said bond, shall be void; otherwise be & remain in full force and
virtue.  In witness whereof, I the said James Hildreth, have
hereunto set my hand & seal this tenth day of June in the
year of our Lord eighteen hundred & thirty nine. 

Signed, sealed & delivered   }
in presence of                        }          James Hildreth  {seal}
Dan^l Giles  F.A. Worcester }

Middlesex ss. June 10^th 1839.  Then the above named James Hildreth
acknowledged the above instrument to be his free act & deed, Be-
fore me  F.A. Worcester, Jus. Peace.
                               Middlesex ss. June 12^th 1839. Rec^d & recorded by
                                                                                 W.F. Stone  Reg.

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 2 February 2019), Middlesex County, "Deeds, 1836, Vol. 382," Volume 382, pages 308-310 (images 158-159 of 298), Deed of James Hildreth to Zachariah Hildreth, executed 10 June 1839, recorded 12 June 1839.
This deed is for two tracts of land in Townsend (no acreage provided), and Pew number 8 in the Townsend meeting house.  Zachariah paid his son James Hildreth $3,000 for this land.  However,  James is liable to support his father Zachariah and mother Hannah Hildreth for the rest of their lives.  James is also liable for support and education of his three younger brothers until they reach age 16, and his two younger sisters until they reach age 18, and to give $50 to each of three sisters when they reach age 25 or marry before that.  Unsaid, but evident, is if James doesn't fulfill his part of the contract, the land would revert back to Zachariah Hildreth's estate and James would owe $3,000 to his father.

Zachariah Hildreth sold these same properties to his son James Hildreth on the same date (in Volume 382, pages 306-307) for $2,000. So this deed for $3,000 is "old age security" for Zachariah and Hannah Hildreth, who sold the land to James in the earlier deed, and James made a profit of $1,000 on it.  Both Zachariah and Hannah Hildreth died 18 years later in 1857.

Zachariah Hildreth (1783-1857) who married Hannah Sawtell (1789-1857) in 1810, is my third great-grandfather.  I am descended from their son, Edward Hildreth (1831-1899) who married Sophia Newton  (1834-1923) in 1852.


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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