Monday, January 27, 2020

Amanuensis Monday -- 1729 Deed of Simon Gates to Francis Eveleth in Middlesex County, Massachusetts

This week's document for Amanuensis Monday is a 1728/9 deed of  Simon Gates, husbandman of Stow, selling land in Stow, Massachusetts to Francis Eveleth of Stow in the Middlesex County, Massachusetts Land Records: 

[Volume 104, page 106-107]

The transcription of this deed is:

[page 106 near the top of the left-hand page of image]
[in left margin]

Simon Gates 

Francis Eveleth

[body of text, all handwritten text]

  To All People to whom these Presents shall come Greeting.

Know ye that I Simon Gates of Stow in the county of Mid-
dlesex in the Province of the Massachusetts Bay in New Eng-
land Husbandman for & in Consideration of the Sum
of two Pounds in Bills of Publick Credit to me in Hand well
& truly paid by Francis Eveleth of the Town County & Pro-
vince aforesaid the Receipt whereof I do hereby acknow-
ledge & myself therewith fully satisfied & contented & there-
of & of every part & parcel thereof do exonerate acquit
& discharge him the said Francis Eveleth his Heirs
Executors & Administrators forever by these Presents have
given granted bargained sold aliened conveyed & confirmed
& by these Presents do freely fully & absolutely give grant
bargain sell aliene convey & confirm unto him the said
Francis Eveleth his Heirs & Assigns forever one tract & parcel
of Swamp land lying & being within the Township of Stow 
abovesaid & in the great pine swamp so called containing
by Estimation six Acres be the same more or less & is the fifth
lot in said great Swamp & was laid out to the right of Stephen
Gates & bounded as is set forth in the Proprietors Book of said
Stow as followeth the East line is one hundred & fifty rods
& is seven rods wide, it bounds East on Stephen Hall West on
John Buttrick in part & part on Common North on com-
mon & South on common & it runs in length North & South.
To Have and To Hold the said granted & bargained
Premises with all the appurtenances priviledges & com-
modities to the same belonging or in any wise apper-
taining to him the said Francis Eveleth his Heirs & Assigns
forever to his & their only proper Use Benefit & Behoof
forever.  And I the said Simon Gates for myself my Heirs
Executors & Administrators do Covenant promise
& grant to & with the said Francis Eveleth his Heirs & Assigns

[page 107]

that before & until the ensealing hereof I am the true sole &
lawful owner of the above bargained Premises & am law fully
seized & possessed of the same in mine own proper right as a
good perfect & absolute Estate of Inheritance in Fee simple
& have in myself good Right full Power & lawful Authority to
grant bargain sell convey & confirm said bargained Premises in
manner as abovesaid, & that the said Francis Eveleth his Heirs
& Assigns shall & may from time to time & at all times forever
hereafter by force & virtue of these Presents lawfully peaceably
& quietly have hold use occupy possess & enjoy the said demised
& bargained Premises with the appurtenances free & clear & free-
ly & clearly acquitted exonerated & discharged  of from all & all
manner of former or other Gifts Grants Bargains Sales Leases
Releases Mortgages Wills Entails Jointures Dowries Judgments
Executions Incumbrances & extents.  Furthermore I the said
Simon Gates for myself my Heirs Executors & Administrators do
Covenant & engage forever hereafter to Warrant secure & defend
the above demised Premises to him the said Francis Eveleth his
Heirs & Assigns against the lawful Claims & Demands of any
Person or Persons whatsoever.  Also to sign seal & deliver any other
former Deed or Deeds & do or cause to be done all & whatsoever may
be further necessary to be done for the further confirmation of the
premises as aforementioned, & for the true & full performance of
all that is before expressed in this Instrument.  In Witness
whereof I the said Simon Gates have hereunto set my Hand & Seal
this twenty fourth Day of February Anno Domini one thousand
seven hundred & twenty eight nine & in the second Year of the Reign
of our Sovereign Lord George the second by the Grace of God King
of great Britain France & Ireland King &c.   Simon Gates his O mark& Seal.  In Presence of Deliverance Brown, Stephen Hall, Middle-
sex Stow March y^e 10 1728/9.  The above named Simon Gates appear-
ing before me acknowledged this Instrument to be his Act & Deed
Corame Tho How Justice Peace.  Middlesex ss Cambridge February
15^th 1791 Received & Entered.
(91)   By W^m Winthrop 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 19 January 2015), Middlesec County, "Deeds, 1791, Vol. 104," Volume 104, Pages 106-107, images 87 of 311, Deed of Simon Gates to Francis Eveleth, executed 24 February 1728/9, recorded 15 February 1791; citing records in land offices and county courthouses, statewide in Massachusetts.

This deed of Simon Gates selling six acres of swamp in the town of Stow to Francis Eveleth was executed on 24 February 1728/9, but was not recorded until 15 February 1791 - 72 years later!  Francis Eveleth, or his heir, kept the deed and had it recorded when they wanted to sell this parcel.  Perhaps Francis Eveleth, or one of his heirs who obtained the land by a will or distribution, died before this deed was recorded, and the estate or heirs needed to record it before they could sell the land to another party.

This Simon Gates is probably the Simon Gates (1667-1752) of Stow, son of Stephen and Mary (Woodward) Gates, who married Hannah Benjamin (1669-1752) in 1766, who is my 7th great-grandfather.  I am descended from their son, Amos Gates (1706-1783) who married Mary Hubbard (1712-1754) in 1732.


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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