Monday, July 27, 2020

Amanuensis Monday -- 1732 Division of Real Estate of Joseph Clark (1664-1731) of Medfield, Mass.

This week's document for transcription is the 1732 division of the real estate of Joseph Clark (1664-1731) of Medfield, Massachusetts, in Probate Packet 6,138 in the Suffolk County, Massachusetts probate court records:

Image 11 of 48:

Image 12 of 48:

Image 13 of 48:

The transcription of these papers is:

[Image 11 of 48]:


Division of the Houses and Lands of Cap't Joseph
Clark late of Medfield Deceased

In Obedience to and pursuance of an Order or warrant from the Honourable
Judge of probate for the County of Suffolk Baring Date October y'e 3'd 1732
Directed to us whose names are hereunto Subscribed or any three of us to
made a Division of the Houses and lands of Cap't Joseph Clark late of
Medfield deceased Intestate among and to his widow and Children or
their Legal Representatives according to Law we whose names are hereunto
subscribed have Divided the said Estate to Each one his full share as followeth,
viz.

To the widow Abigail Clark for her Dowre or third part of the houses and 
Lands the one half of the Dwelling house being the East end of it with the
priviledges belonging to it the half divided to the middle of the Chimney also lib-
erty of using the well and yard by the Door; more one third part of the
Barn the easte End of it Reaching to the middle of the floore with Con????
of yard room on the South Side of it with liberty of passing in at the great
Doors more an Orchard on the Southwest side of the highway by the
house being an acre and thirty two Rod of land; more one half of the wash
house neare the Dwelling house; more a percal of plow land and pasture
land and medow land on the south west side of the highway that goeth from
the house to the mill Excepting two acres that is measured of to Thomas
Clark on that side next to the mill bounded by a walnut tree by a rock
neare the highway and from thence a Straight line South west to a heap of Stones
by an old highway now fenced in; more ten acres of medow land to
ly on that side next to Solomon Clarks medow to begin at the Clay pit
fence and take those necks of medow at the ??ther end to the ditch and from
the ditch with a Streight line to the River the causeway to be for the use of y'e
widow and all the heirs that have medow there to Carte their hay off.
More Seventeen acres of pasture land neare to the Clay pits; more a third part of
the green swamp Joyning to it; more twenty Rod of land joyning to the Barn
yard lying Between the house and the barn; more the one half of Eighty acres
of woodland lying in the Bounds of Walpole that side next Jeremiah day
to ly through the whole length of it, more nine acres of Devident land
near Rock medow to ly next to Ebenezer Turner east ward and Walpole
Line southward; more one fourth part of the malt house and an acre want-
ing twenty Rod of upland and mowing land lying on the north east side of y'e
malt house to be measured of next to the malt house from the fence by the
highway Cross to the other fence and also one Rod of land on the South
East end of the malt house.  More one acre of medow with some upland
Joyning to it lying in the north part of the Town it is to ly on the South Side of
the medow purchased of Dea. George Barbur; more thirty six acres of land in the
Black swamp Devident in Medway; more eight acres 3 Roods of land neare pine
hill in the north end of the Town part upland and part swamp; more eleven acres at
Crambery pond; more two acres of upland in the north part of the Town lying
on the East side of the highway that goeth by the house.

[image 12 of 48]

To the heirs of the Eldest Son of Joseph Clark that is Deceased or their Legal
Representatives for their Duble portion ^in the houses lands uplands^ the one half of the Dwelling house the
West End of it, the s'd half to Reach to the middle of the Chimney with the priviledges
Beloning to it with liberty of using the well and yard Room about the house &
the one half of a wash house and the garden Jouning to it; more two thirds
of the Barn the West end of it with the yard on the north west side of it with
liberty to pass and Repass to improve the said Barn.  More the orchard before
the house Containing one acre or more.  More three acres of plow land
lying on the north side of the highway that goeth by the house.
More two acres of medow in Center medow; more two acres and a half
of medow called pine Swamp to ly next to the widows medow to ly from the
upland to the River; more fifteen acres of pasture land lying neare the
Barn Called the neck to ly on that side next to Nathaniel Allen land and a
third part of the green Swamp Joyning to it; more the one half of ten
acres and a half of wood land by noone hill to ly next to Solomon Clarks
wood land.

To Thomas Clark and Timothy Morse and Mehetable his wife for their
Share in the houses and lands the Corn mill with the mill pond and the privilid-
ges Belonging to it; more two acres of upland neare the mill lying on the
north west side of the highway that goeth by the mill bounded by a walnut
tree by a Rock neare the highway and from thence a streight line south westward
to a heap of Stons by an old highway now fenced in; more all the upland
and medow land on the east side of the highway that goeth by the mill
with a Smal orchard in it, Excepting the orchards before the Door and
the four acres and a half by the malt house and Reserving a leading
way to the Spring for the Benefit of water for them that shall live upon the old
place and excepting three acres set to John Robbinson in the Round lott to ly
next to Nathaniel Clarks land; more fourteen acres of pasture land
neare the barn called the neck to ly in the midle between the heirs of the Eldest
son and the widow, also a third part of the green swamp joyning to it;
more two acres of medow to ly next to the heirs of the Eldest son to ly from
the the upland to the River; more Sixteen acres of wood land in the bounds of
Walpole to ly next to the widows wood land allowing away Cross the same where
it may be Convenient for the widow; more one acre wanting twenty Rod
on the north end of the Town neare Elisha Bullens next his own part Swamp 
and part upland.

To Nathaniel Smith who is gardian for his Children for their Share in the
houses and lands the heirs having by an agreement ^in writing^ under their hands and Seals
Sett to Nathaniel Smith that track of Land Called the Contry goar lying in the
County of Worcester for part of his Childrens Share we have set to him
the Remaining part of their portion; more the one half of a Dwelling house
in the north part of the Town with half the well and half of half an acre
of Orchard Joyning to the house; more twenty four acres of wood land
lying in the bounds of Walpole to ly next to his own land allowing a cart
way Crab the same for the widow and Thomas Clark; more one acre and forty
Rood of medow in the north part of the Town near Deacon Barburs to ly next to Ebenezer
Turners with some upland on the east end of it.

[image 13 of 48]

To John Robbins and Hannah his wife for their Share in the houses and lands the heirs
of this estate having by an agreement in writing under their hands and Seals, sett
to them for part of their portion that track of land called New Medfield lying
in the County of Worcester we have sett to them the Remaining part of it;
more three acres of plow land upon the Round lott to be sett out on that side
next to Nathaniel Clarks land; more one fourth part of the malt house and
one acre of upland and mowing land neare the malt house to be set out
from the fence by the highway Cross to the other fence to ly between Ebenezer
Turner and Henry Smith; more two acres and a half of medow Called pine Swamp
to ly next to Thomas Clark to ly from the upland to the River; more half an
acre of medow in the north part of the Town to ly next to Nathaniel Smith to
ly the whole length.

To Ebenezer Turner and Esther his wife for their share in the
houses and lands, nine acres of Devident land or the one half of Eighteen
acres near to his house Joyning to Walpole line East; more all the
the upland and swamp land belonging to this Estate with the Common
Rights to it; more one fourth part of the malt house and an acre &
half of upland neare the malt house to be measured off at the north
east end from the fence by the highway cross to the fence to ly
next to John Robbins; more the one half of ten acres and a half of wood
land on the South side of Stop River near noone hill to ly on that side near
Wrentham line; more one acre and a half of medow in the north part
of the Town to ly next to Dea. George Barburs medow with som upland on
the east end of it.

To Timothy Hamant and Hephsibah his wife for their share in the houses and
lands a parcel of upland and medow land in the north part of the Town called
the green with all the land joyning to it; more the one half of a Dwelling
house in the north part of the Town with half the well and half of half an acre
of orchard Joyning to it; more one acre and a half of land neare to
Elisha Bullens house to ly on that on that side next to Sam'l Wights land northeast.

To Henry Smith and Abigail his wife for their share in the houses and lands
forty acres of woodland or more lying in the Bounds of Walpole; more one
fourth part of the malt house and one acre and twenty Rod of up-
land and mowing land to ly next to the widows on one side and John Robins
on the other to be set out from the fence by the highway Cross to the other fence;
more three acres of ^medow^ in the pine swamp so called next to John Robbins on the
one side and Daniel Holbrook on the other to ly the whole length of y'e medow.

                                                                       Samuel Smith   George Barbur
                                                                       Joseph Plimpton  Ebenezer Mason
                                                                          Solomon Clark

The source citation for this probate case file is:

Suffolk County, Massachusetts, Probate case files, Packet #6,138 (48 images), Joseph Clark of Medfield, administration granted 1731; "Suffolk County, MA: Probate File Papers, 1636-1893," indexed database and digital images, New England Historical and Genealogical Society, American Ancestors (https://www.AmericanAncestors.org : accessed 22 July 2020); from records supplied by the Massachusetts Supreme Judicial Court Archives, digitized images provided by FamilySearch.org.

Joseph Clark (1664-1731) died intestate on 13 July 1731 in Medfield.   He married (1) Mary Wight (1667-1705) in 1686, and they had seven children between 1687 and 1703.  Joseph married widow Abigail (Turner) Smith in 1707 in Boston, and they had one child.  

This probate packet contains 48 pages, including an inventory of the real and personal estate of Joseph Clark, along with 16 pages of the estate of his son, Joseph Clark (who also died in 1731), and the estate of Joseph's widow, Abigail, who died in 1750.  The inventory totaled 2434 pounds, 7 shillings and 1 pence, of which the real estate totaled 1968 pounds, 10 shillings.  The real estate included:

*  The Dwelling house with conveniences of it - 90 pounds
*  a small wash house near the dwelling house - 8 pounds
*  a Malt house with the privileges - 60 pounds
*  the Barn and barn yard with privileges - 30 pounds
*  a Corn mill with mill pond and privileges - 100 pounds
*  orchard, meadow, plow land and pasture on east side of the highway by the house - 66 pounds
*  3 acres of plow land on northwest side of the highway by the house - 36  pounds
*  21 acres of meadow land lying by Stop River - 270 pounds
*  an orchard on the south side of the highway - 30 pounds
*  plow land and pasture land on the south side of the highway - 90 pounds
*  parcel of pasture land near the barn called the neck - 168 pounds
*  8 acre parcel of woodland and meadow land in bounds of Walpole - 88 pounds
*  27 acres of woodland in bounds of Walpole - 60 pounds
*  18 acres of Devident land near Rock meadow - 34 pounds
*  10.5 acres of woodland on south side of Stop River - 21 pounds
*  All the land in bounds of Wrentham, upland and meadow belonging to this estate - 70 pounds.
*  land in Black Swamp Devident - 43 pounds
*  Land in New Medfield rights - 75 pounds
*  Land in Contry goar rights - 75 pounds
*  6 acres of meadow and upland near Deacon George Barbur in north part of town - 110 pounds
*  11 acres of upland and swamp lying in the neck (the widow claiming half of it as her right) - 56 pounds
*  a certain house and half acre of land in north part of town - 40 pounds
*  parcel of meadow and upland in north part of town called the green - 120 pounds
*  2 acres of meadow in Center meadow - 40 pounds
*  11 acres at Crambery pond - 33 pounds
*  8 acres 3 roods in two parcels near Pine Hill part upland and part swamp - 25 pounds
*  5 acres of land in north part of town in two parcels, part upland and part swamp - 36 pounds

*  land in reversion not yet laid out - 2 pounds, 10 shillings.  

The committee of five Medfield men had a significant challenge in dividing this real property - one third to the widow, and two thirds to the eight children of Joseph Clark.  The portion for the widow, Abigail (Turner) (Smith) Clark (1667-1750), amounted to 656 pounds.  Each child's portion amounted to about 146 pounds (since the eldest son received a double portion).  All of the children had married and had children, including the two deceased children, Mary (who married Nathaniel Smith) and Joseph.  

Joseph and Mary (Wight) Clark are my 7th great-grandparents, through their daughter Hephsibah Clark (1699-1791) who married Timothy Hamant (1699-1774) in 1727.


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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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