Monday, February 17, 2020

Amanuensis Monday -- 1804 Mortgage Deed of Daniel Gates to Elisabeth Gates in Worcester County, Massachusetts

This week's document for Amanuensis Monday is an 1804 mortgage deed of  Daniel Gates, yeoman of Garner, selling land in Gardner, Massachusetts to Elizabeth Gates, spinster of Gardner, in the Worcester County, Massachusetts Land Records: 

[Volume 160, pages 620-621]

[Volume 160, pages 622-623]

The transcription of this deed is:

[page 621 near the top of the right-hand page of first image]
[in left margin]

Gates Daniel

Eliz^a Gates

[body of text, all handwritten text]

Know all men by these presents that I Daniel Gates of Gard-

ner in the County of Worcester Commonwealth of Massachu-
setts Yeoman, in consideration of Four hundred and eighty
four dollars thirteen cents paid me by Elisabeth Gates of
said Gardner Spinster the receipt whereof I do hereby ack-
nowledge do hereby give grant sell and convey unto
the said Elisabeth Gates her heirs and assigns one
moiety or undivided half in quantity and quality
being in common and undivided with the other
moiety belonging to Simon Gates and is that part
of the homestead farm which belonged to our
honoured father Simon Gates late of said Gardner
deceased and is bounded as described in the
return of the Commissioners appointed by the Hon-
ourable Nathaniel Paine Judge of Probates of wills for the
said County of Worcester reference thereunto being had
may and willfully appear containing in ^said^ said Moi-
ety thirty two acres thirty six rods together with all the
privileges and appurtenances thereunto belonging
and with the incumbrances as is in said return.

To have and to hold the same to the said
Elisabeth Gates her heirs and assigns to her and their
use and behoof forever and I do covenant with the
said Elisabeth Gates her heirs and assigns that
I am lawfully seized in fee of the premises that
they are free of all incumbrances and that I
will warrant & defend the same to the said Elisa-
beth Gates her heirs and assigns forever against
against the lawful claims & demands of all per-
sons.  The conditions of the above deed
is such that whereas the above named Dan-
iel Gates hath bound himself in two promissory
notes of hand bearing even date with these prem-
ises to the said Elisabeth Gates in the past sum

[page 622]

of four hundred eighty four dollars thirteen cents
with lawful interest annually one moiety to be paid
at or before the first day of October Eighteen hundred
and six the other moiety at or before the first day
of October eighteen hundred and eight, if therefore
the said Daniel Gates his heirs executors or adminis-
trators or either of them shall pay or cause to be paid
the above said sum as above described with
the lawful interest unto the above said Elisabeth
Gates her heirs Executors administrators or assigns
or either of them at or before the said first day
of October Eighteen hundred & Eight in full
discharge of said note then the abovesaid
deed is null & void otherwise so much of the
abovesaid premises shall be holden to sat-
isfy the then demand with all lawful fees
that may arise.  In witness whereof I the said
Daniel Gates have hereunto set my hand and
seal this first day of April anno domini
Eighteen hundred & four.
Signed Sealed & delivered          Daniel Gates  {seal}
in presence of                 }    
Merari Spaulding          }    Worcester Ss  Gardner
Matthew Mosman        }     April 1 1805  Daniel Gates
                                               above named acknowledged
                                               this instrument to be his free
                                               act & deed
                                  Before me Aaron Wood Justice Peace
Rec^d April 2^d 1806  Ent^d & Exam^d  Pr.  Dan^l Clap Reg^r.

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 17 January 2015), Worcester County, "Deeds, 1805-1806, Vol. 160-161," Volume 160, Pages 621-622, images 319-320 of 685, Deed of Daniel Gates to Elisabeth Gates, executed 1 October 1804, recorded 2 April 1806; citing records in land offices and county courthouses, statewide in Massachusetts.

This 1804 mortgage deed of Daniel Gates (1782-1847) sells one half of the Gates homestead farm to his sister, Elisabeth Gates (1769-1819) for $484.13 if he does not pay her the $484.13 he apparently borrowed from her.  Daniel is the 7th child of Simon and Susanna (Reed) Gates of Gardner, and Elisabeth is the second child, and is unmarried.  

Their father, Simon Gates (1739-1803) died intestate and left a sizable estate that was divided to his widow and children.  The distribution to the children is described in Amanuensis Monday - Post 252: Setting Off the Portions of Five Children to Simon Gates (1739-1803) Estate.  Daniel and his brother Simon Gates received one-half of the home farm.  Their mother, Susanna (Reed) Gates (1745-1833), received the other half of the home farm as part of her widow's thirds.  Elisabeth Gates was to received $484.13 from her brothers Simon and Daniel.  It is likely that Elisabeth lived with her mother for the rest of her life.  

Daniel Gates married Phebe Mosman on 27 May 1805 in Gardner.  It may be that Daniel executed this deed to pay his portion of the distribution owed to his sister in settling the estate of his father, Simon Gates.  It gets complicated, sometimes!  

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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