Monday, August 10, 2020

Amanuensis Monday -- 1704 Division of Real Estate of Joseph Clark (1642-1702) of Medfield, Mass.

This week's document for transcription is the 1704 division of the real estate of Joseph Clark (1642-1702) of Medfield, Massachusetts, in Probate Packet 2,794 in the Suffolk County, Massachusetts probate court records:

Image 8 of 11:

Image 9 of 11:

The transcription of these papers is:

[Image 8 of 11]:


In obedience to and persuance of an order of y'e hon'ble Judge of
probate for y'e County of Suffolk bareing date y'e ninth day of July anno
Domoni 1703
Directed to us whose Names are hereunto subscribed or any
three of us to make a Division of y'e housing and lands of Joseph Clark late
of Medfield, husbandman (Deceased), Intestate among and to his children
and there Legall Representatives according to Law we y'e said Subscribers
have Divided y'e said Estate to each one his full share as followeth.
viz.
To Joseph Clark his Eldest Son for his Double portion all the lands
att home on y'e East Side of y'e Cart way with y'e houseing on said side of said way
and also y'e barn and barn yard and orchard by it. More four acres of land
at y'e End of y'e home field adjoyning to Natt'a clarks land; More two acres
of Meadow in center meadow; More one third part of sixty three acres
of meadow and Swamp lying by Stop River y'e midle part onely he is to
take a neck of meadow as part of it, it being about three as it lyeth
Between y'e brook and y'e upland; More twelve acres of land called
Clay pitt paster through which he is to allow a leading Cart way for the
use of Solomon Clark and his heirs to his swamp allowance to be made;
More ten and a half of woodland on y'e south side of Stop River by Wrentham
line;  More Eighteen acres of land in and at Black Swamp; More the one 
half of fifty and four acres of woodland in Deadham bounds next to
puffers land; and also one Cow Common Right in Wrentham bounds.

To Solomon Clark for his share or portion the house and land at plant-
ing field; and also one third part of sixty three acres of meadow and
Swamp that part next his house; More twelve acres of Land in South
plain next to Jonathan Boydons Land; More ten acres and od measure
of Course meadow and Land lying by it by Stop River; More four
acres and a half of Woodland by Boggastow Brook; More Eighty three
acres of Land in y'e New grant; more Seven acres and od measure of wood-
land on y'e south side of Stop river; More y'e one half of fifty four acres
of Cedar Swamp in Deadham bounds and also two Cow Common
Rights and one sheep Common Rights in wrentham bounds.

To David Clarks heirs for there share orp ortion the house in Wren-
tham bounds and y'e new ????? now within fence; and also y'e one half of
fourteen acres and and a Rood of meadow in wrentham bounds by
Stop river y'e Down Stream End of it; More y'e one half of five acres
and a Rood of meadow and four acres and three Rood of upland lying
by it in medfield bounds by noon hill y'e upstream End of it; More one half
of two acres and three Roods of meadow at Tiles End; More y'e one half of
the Land lying at y'e End of y'e new field y'e northerly part of it; More one half
of fourteen acres of woodland in wrentham bounds; More ten acres &
a half of Swamp and meadow by Stop River next to Joseph Clarks;
More fourteen acres of woodland and other lands adjoyning to John
Turners Land; more six acres of Land in y'e old field on y'e west side of the
highway y'e northerly side of it; and also one Cow Common Right and
one sheep Common right in wrentham bounds.

[image 9 of 11]

To Aaron Clark for his share or portion Sixty and four acres
of land and meadow in wrentham bounds by Dirty Brook; more
Seven acres of y'e old field on y'e southerly side of it; more y'e one half of
fourteen acres and a Rood of meadow Land in wrentham bounds by
Stop river y'e upstream end of it; more y'e one half of five acres
of meadow Land by noon hill in medfield bounds y'e down stream
End of it with three acres of upland by it; more one half of two acres
and three Roods of meadow Land at Tiles End; more y'e one half
of fourteen acres of woodland in wrentham bounds; more five
ares and three Roods of upland at South plain on that side
next to Benj- Clarks Land; more ten acres and a half of meadow
and Swamp by Stop River next to John Turners Land; more
fifteen acres and a Rood of Land on y'e west side of Charls River
by Boggastow Brook part meadow and part upland and 
also three Cow Common Rights in wrentham bounds.

Medfield octob'r y'e 13'th 1704    memorandum that Thomas Thurston and Esther
                                                      Thurston y'e daughter of said Joseph Clark dec'd
                                                      have sold all there Right title and Intrest in sd
                                                      Estate to there brothers and there heirs; and have
                                                      forever Released y'e same.

Presented by the Committee                                  Sam'll Barbur
Dec'r 5'h 1704.                                                      Henry Adams
                                                                              Jeremiah X Morse
                                                                              Eleazear Whelock
                                                                              John Fisher

Suffolk Ss.     By the hon'ble Isaac Addington Esq'r
                                Judge of Probate &c

I Accept & Allow of the within written Division made
by the Committee therein named, as a Settlem't of y'e Estate
in housing & Lands of Joseph Clark late of Medfield
Husbandman deced Intestate, each party to whom any Share
is thereby Alloted to give Security as the Law directs, if
Debts be afterw'ds made to Appear, to pay back his or
her Ratable p't thereof.  And of the Administrator's charges.

Boston ???? Decem'r 5'th 1704.      Isa. Addington

The source citation for this probate case file is:

Suffolk County, Massachusetts, Probate case files, Packet #2,794 (11 images), Joseph Clark of Medfield, administration granted 1703; "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 (1642-1702) died intestate on 4 September 1702 in Medfield.   He married Mary Allen (1642-1702) in 1663, and they had 12 children between 1664 and 1685.  Only five children (Joseph, Esther, Solomon, David and Aaron) were alive, or had heirs, in 1702.

This probate packet contains 11 pages, including the Letter of Administration (with administrators sons Joseph Clark and Solomon Clark), an inventory of the real and personal estate of Joseph Clark,  The inventory was taken 13 March 1702/3 and totaled 1,023 pounds, 4 shillings and 1 pence, of which the real estate totaled about 775 pounds.  There is no account or indication of how the personal property was divided. 

The committee of five Medfield men had a challenge dividing the real property.  Each child's portion amounted to about 129 pounds (since the eldest son received a double portion of about 258 pounds).  In 1725, the committee men informed the probate court that the division should have included another half parcel of land to Aaron Clark, but it was overlooked.  The Court ordered the half parcel of land directed to Aaron Clark. 

Joseph and Mary (Allen) Clark are my 8th great-grandparents, through their son Joseph Clark (1664-1731) who married Mary Wight (1667-1705) in 1686.

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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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