Monday, June 14, 2021

Amanuensis Monday -- 1800 Mortgage Deed of Ephraim Witherbee Selling 60 Acres of Land in Westminster, Mass. to Benjamin Seaver and Joseph Spaldin

  This week's document for transcription is the 1800 land record for Ephraim Witherbee, yeoman of Westminster, Massachusetts, selling 60 acres of land in Westminster, Massachusetts for $77.50 to Benjamin Seaver and Joseph Spaldin, yeomen of Westminster: 

[Worcester County, Mass. Deed - Volume 139, Page 356]:

The transcription of the deed is (from near the bottom of the left-hand page of image):

                              Know all men by these presents that I E-
phraim Witherbee of Westminster in the County of Wor-
censter & Commonwealth of the Massachusetts Yeoman in
consideration of seventy seven dollars & fifty cents paid to
me by Benjamin Sever a'd Joseph Spaldin both of Westmin-
ster in the County & Commonwealth aforesaid Yeoman
the receipt whereof I do hereby acknowledge, do by these presents
hereby give, grant sell & convey unto the said Benjamin Sever
& Joseph Spaldin and their heirs & assigns a certain messuage
or tract of upland situate lying & being in the Northerly
part of the town of Westminster & it is the one half part of
the farm on which the said Weatherbee now dwelleth both
for quantity & for quality with the one half part of all
the buildings & improvements thereon & it lyeth in
common & undivided with the other half of the said
farm the whole Westerly on Alphus Whitny Northerly
on Linclons land Easterly on Linds & Kendalls land
Southerly on Kendalls land the whole containing
sixty acres with two acres for highways if need be the
one half of which both for quantity & for quality being
here conveyed to the said Sever & Spaldin Jointly &
severally & their heirs &c.               To have and to hold
the same to the said Benj'a Sever & Joseph Spaldin
and to their heirs & assigns to them & their use & behoof
forever.  And I do covenant with the said Benj'a Sever &
Jospeh Spaldin & their heirs & assigns that I am

[Volume 139, page 567]

lawfully seized in fee of the premises that they are free of all incum-
brances & that I will warrant and defend the same to the said Ben-
jamin ^Sever^ & Joseph Spaldin & their heirs & assigns forever against the
lawful claims & demands of all persons.  And it is further agreed
& covenanted by & between the parties that if the above named
Ephraim Wetherbee or his heirs or assigns shall well & truly pay
or cause to be paid to Stephen Miles treasurer of the town of
Westminster or successor in s'd office the above sum of seventy seven
dollars & fifty cents in one year from the first day of January last
passed with the interest for which faithful payment this deed is
given as Collateral security & save harmless the abovesaid Benj'a
Sever & Joseph Spaldin then this deed is to become void of no ef-
fect or on failure whereof I have hereunto set my hand and
seal this fourth day of March Anno D'm one thousand eight hundred.
Signed sealed & delivered }                      Ephm Witherbee  {seal}
in presence of                      }
Abner Holden      }                Worcester ss March y'e 4'th 1800 Ephraim
Elisha Train         }                 Witherbe above named acknowledged this
Instrument to be his free act & deed before me.
                                                Abner Holden Jus. Peace
Rec'd  April 9'th 1800  Ent'd & Exam'd  pr.  Dan'l Clap Reg'r.

[In left-hand margin of page 356]

Worcester ss Commonwealth of the Massachusetts.  These presents witnesseth that Ephra
im Witherbee within named was agreeable to the condition of the within decd has paid to Stephen
Miles Treasurer for the Town of Westminster the full sum of seventy seven dollars & fifty cents
with the lawful interest till the first day of January last and the said Joseph Spaldin & Benjamin
Sever is discharged from their obligations to said Miles and we declare the within to be void
& of no effect as witness our hand & seals this tenth day of March AD 1801.  Joseph Spaldin
Worcester ss Westminster March y'e 10'th 1801 personally ap-                         { Benjamin Sever
peared Joseph Spaldin & Benjamin Sever & acknowledged the instrument by them subscribed to be their free act & deed, before Abner Holden Justice Peace
                                                  Rec'd March 24 1801 Enter'd & exam'd p'r Dan'l Clap Reg'r
The source citations for this land record is:

"Massachusetts, Land Records, 1620-1986," digital images, Church of Jesus Christ of Latter-Day Saints, FamilySearch ( : accessed 11 June 2021), Worcester County, "Deeds 1799-1800, vol. 138-139," Volume 139, Page 556 (image 690 of 744), Ephraim Witherbee to Benjamin Seaver and Joseph Spaldin, executed 4 March 1800, recorded 9 April 1800; citing original records in County Courthouses, and on FHL Microfilms.

This deed is for a 60 acre parcel of land in Westminster, which was one half of Ephraim Witherbee's tract of land.  They paid $77.50 for the land, which was used as collateral for Ephraim Witherbee's debt owed to the town of Westminster.  The deed was voided when Witherbee paid his debt.

Benjamin Seaver (1757-1816) of Westminster, Massachusetts married  Martha (Whitney) Seaver (1764-1832) in 1783, and they had ten children between 1784 and 1812.  

Benjamin Seaver (1757-1816) and Martha Whitney (1764-1832) are my 4th great-grandparents, and Benjamin Seaver (1791-1825) and Abigail Gates (1797-1867) are my 3rd great-grandparents through their son Isaac Seaver (1823-1901).  


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."

Read other transcriptions for my ancestors in Amanuensis Monday Posts.

Copyright (c) 2021, Randall J. Seaver

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