Monday, November 11, 2019

Amanuensis Monday -- 1778 Deed of Silas Marshall Selling Land to Simon Gates in Worcester County, Massachusetts

This week's document for Amanuensis Monday is a 1778 deed of  Silas Marshall of Westminster selling land in Westminster to Simon Gates of Westminster, Massachusetts in the Worcester County, Massachusetts Land Records: 

[Volume 99, pages 443]

The transcription of this deed is:

[page 443 on right-hand page]
[in top margin]

Marshal Silas to Simon Gates

[body of text, handwritten text in italics]

To all People to whom these Pres-
ents shall come, Greeting.  Know ye That Silas Marshall of Westminster in the 

County of Worcester & State of the Massachusetts Bay yeoman
For and in Consideration of the Sum of three hundred and forty seven pounds 
to me in Hand before the ensealing hereof, well and truly paid by  Simon Gates of

the Town and County and State aforesaid yeoman
the Receipt whereof I do hereby acknowledge, and my self therewith fully satisfied and contented; and thereof,
and every Part and Parcel thereof, do exonerate, acquit, and discharge them the said Simon Gates

his Heirs, Executors, and Administrators, forever by
these Presents: HAVE given, granted, bargained, sold, aliened, conveyed, and confirmed; and by these Presents, Do freely, fully
and absolutely give, grant, bargain, sell, aliene, convey and confirm, unto him the said Simon Gates
his                                          Heirs and Assigns forever, A certain tract or parcel

situate lying and ^being^ in the Northwesterly of said Town it being a part of two third

Division lot the first is N^o. 55 bounded as followth viz. beginning at a heap of
Stones and runs South 95 rod to a maple tree then West 42 deg^s South 23 rods
to a heap of stones then North 39 deg^s West 141 Rods to a hemlock tree then East
26 deg^s North 42 rods to a heap of stones then North 20 deg^s West 48 1/2 Rod to a
heap of stones then East by land of Josiah Hartwell 39 rods to a heap of stones then
South 60 deg^s East 48 rods to a hemlock then East 5 deg^s North 60 rods to a stake and
stones then South 5 deg^s East 28 rod to a hemlock on Lot N^o. 30 Second Division
then Westerly to where it first began, two Acres is allowed for Roads in this lot
which is 64 Acres.  The other lot contains 50 Acres and lyeth Southerly from
the above described land and joining thereto and is Third Division lot N^o. 24 drawn
from the House Lot N^o. 115 said 50 Acres is butted & bounded as set forth on the Proprietors
Book of Records of s^d Westminster reference thereunto being had with the appurte-
nances thereon.

To HAVE and to HOLD the said granted and bargained Premises, with all Appurtenances, Privileges and Commodities to the
same belonging, or in any wise appertaining to him the said Simon Gates his

                                                 Heirs and Assigns forever, to them and their
only proper Use, Benefit, and Behoof forever.  And I the said Silas Marshall
                                                  for my self, Heirs, Executors
and Administrators, do Covenant, Promise and Grant, to and with him the said Simon Gates &

his                                     Heirs and Assigns, that before the ensealing hereof, I am the
true, sole, and lawful Owner of the above bargained Premises, and am lawfully seized and possessed of the same in my own
proper Right, as a good, perfect, and absolute Estate of Inheritance in Fee Simple:  And have in myself good Right,
full Power, and lawful Authority, to grant, bargain, sell, convey and confirm said bargained Premises in Manner as aforesaid: 
And that him the said Simon Gates his Heirs and Assigns, shall
and may from Time to Time, and at all Times forever hereafter, by Force and virtue of these Presents, lawfully, peacably, and
quietly Have, Hold, Use, Occupy, Posses and Enjoy the said demised and bargained Premises, with the Appurtenances, free and
clear, and freely and clearly acquitted, exonerated, and discharged of, from all and all Manner of former or other Gifts, Grants,
Bargains, Sales, Leases, Mortgages, Wills, Entails, Jointures, Dowries, Judgments, Executions, or Incumbrances, of what Name
or Nature soever, that might in any Measure or Degree, obstruct or make Void this present Deed.

Furthermore, I the said Silas Marshall
for my self my Heirs, Executors, and Administrators, do Covenant and Engage the above demised Premises to him
the said Simon Gates his
Heirs and Assigns, against the lawful Claims or Demands of any Person or Persons whatsoever, forever hereafter to Warrant, Secure
and Defend by these Presents.  In witness whereof I have hereunto set my hand and seal

third day of March Anno Domi 1778                             Silas Marshall  {seal}
Sign^d seal^d & deliver^d                                                Ermina Marshall {seal}
In presence of  us      }  Worcester ss Westminster March y^e 3 -  1778 then the within named
Andrew Beard          }  Silas Marshiel personally appeared before me and 
Zachariah Harvey   }  acknowledged the ^written^ Deed to be his free Act & Deed.

                                                                pr Nicholas Dike Just. Pais    Rec^d May 17^th 1786  Enter^d and Examin^d pr Dan^l Clap  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 13 January 2015), Worcester County, "Deeds, 1785-1786, Vol. 98-99," Volume 99, Page 443, image 573 of 685, Deed of Silas Marshall to Simon Gates, executed 3 March 1778, recorded 17 May 1786; citing records in land offices and county courthouses, statewide in Massachusetts.

This appears to be one of the largest purchases of land by Simon Gates in Westminster town (probably the part set off as Gardner after 1778).  This deed is for two tracts of land of 64 ares and 50 acres on lots in the proprietor's books for Westminster (which later were in the town of Gardner).

Note that this particular record is on a printed form wherein the particulars are written in blank areas, which contributes to the "messy" transcription above.  Some blank areas were not written in on some lines.  The wording of this deed is much more complex than later deeds in the same County.  With this form, a reader can see that there is punctuation and capitalization on the printed form.

Simon Gates (1739-1803), son of Amos and Mary (Hubbard) Gates, who married Susanna Reed (1745-1833) in 1766, is my 5th great-grandfather.  I am descended from their son, Nathan Gates (1767-1830) who married Abigail Knowlton (1774-1855) in 1790.


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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