Monday, August 9, 2021

Amanuensis Monday -- 1818 Deed of Heman Ray Selling 1.5 Acres of Land in Westminster, Massachusetts to Benjamin Sever

 This week's document for transcription is the 1818 land deed record for Heman Ray, yeoman of Westminster acting as guardian for five minor children, selling 1.5 acres of land in Westminster, Massachusetts to Benjamin Sever, yeoman of Gardner, Massachusetts for $32: 

[Worcester County, Mass. Deeds - Volume 246, Pages 48-49]:

[Worcester County, Mass. Deeds - Volume 246, Pages 50-51]:

The transcription of this deed is (starting near the bottom of page 48 (left-hand page of first image):

[Volume 246, page 48]

Know all men by these presents, that I Heman Ray of West-
minster in the County of Worcester Yeoman and Guardian of Mar-
tha Sever, Silas sever, Isaac Sever, Rozilla Sever and Mary Jane
Sever, Minors, Children of Benjamin Sever late of said Westminster
deceased, intestate, by an order o the Supreme Judicial Court
begun and holden at Worcester within and for said county of Wor-
cester on the fourth Teusday of September last past was licensed
and duly empowered to sell and pass deeds to convey the whole of

[Volume 246, page 49]

said minors real estate, the proceeds thereof to be put out and secured
to said minors, on Interest for their benefit, and whereas I the said
Ray having given thirty days public notice of the intended sale
by posting up advertisements in said Westminster, Princeton and
Worcester, on the twenty fourth day of October last past, that the follow-
ing described real estate of said Minors would be sold to the highest
bidder on the premises, on the twenty sixth day of November then
next following at nine of the clock in the fore-noon, and having
first given bonds, and taken the oath by law in such cases required
did on the said sixth day of November, pursuant to the license 
and notice aforesaid, sell at public vendue the following descri-
bed tract of land, being a part of the real estate of said minors
to Samuel Whitney of said Westminster for the sum of thirty
two dollars he being the highest bidder therefor who has refused to
give security and take a deed therefor, and I have bargained the
premises to Benjamin Sever of Gardner in said county yeoman
for the same sum of thirty two Dollars, as it was struck off to said
Whitney, as highest bidder therefor, as follows, to wit, beginning
at the corner of Pearson Cowee's land, and land which I this
day as Guardian conveyed to said Benjamin Sever, at a stake
& stones, thence South eight nine degrees West eleven rods and
twelve links by land of said Cowee to a stake and stones, then 
South fifty seven degrees West seven rods and seven links by land of
John Jackson to a stake and stones, thence North two and a half
degrees West by land of Daniel Howe seven rods and six links to
a stake and stones, thence North eighty seven and a half degrees
East by land of John Jackson till it comes to the land which I this
day conveyed to said Benjamin Sever as Guardian, thence turning
and running Westerly on the said Benjamin Sever's land, which I
this day conveyed as Guardian as aforesaid till it comes to the
bound first mentioned, containing about one and a half acre
being the same ^land^ which the intestate purchased of one Josiah Ken-
dall.  Therefore know ye, that I Heman Ray aforesaid, guar-
dian as aforesaid, by virtue of the power and authority in me
vested by the said Supreme Judicial Court as aforesaid and in
consideration of the aforesaid sum of thirty two dollars to me
paid by he said Benjamin Sever, the Receipt whereof I do
hereby acknowledge, do hereby release and forever quit-claim
to him the said Benjamin Sever, his Heirs and Assigns all the
right, title, interest and claim I have as Guardian, as aforesaid
to the tract of land herein above mentioned and described, or
however the same is reputed to be bounded.  To have and to hold 
the afore-quitclaimed premises, with all the privileges

[Volume 246, page 50]

appurtenances to the same belonging to him the said Benjamin
Sever, his Heirs and Assigns forever, to his and their Use and Behoof
forever.  And I the said Ray, guardian as aforesaid do hereby cov-
enant with the said Benjamin his Heirs and Assigns, that I gave
thirty days public notice of the said intended sale as aforesaid, that
I gave bonds and took the oath by law required, previous to the sale
and that it was necessary it should be sold for the purposes afore-
said.  In witness whereof I the said Heman Ray Guardian
as aforesaid have hereunto set my hand and seal this fourteenth
day of January in the Year of our Lord one thousand eight
hundred and eighteen.                    Heman Ray Guardian  {seal}
Signed, Sealed & delivered }   Worcester ss January 14 1818
in presence of us                  }   Then the above-named Heman
W'm Penniman                  }   Ray personally acknowledged the above
Ethan Sever                       }   Instrument by him subscribed to be his fee
act and Deed.                                        Alex'd Dusting  Justice of the Peace
Rec'd July 5 1825   Ent'd & Ex'd  By Art's Ward  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 8 August 2021), Worcester County, "Deeds 1825-1826, vol. 246-247," Volume 246, Pages 48-50 (images 44-45 of 720), deed of Heman Ray to Benjamin Sever, executed 14 January 1818, recorded 5 July 1825; citing original records in County Courthouses, and on FHL Microfilms.

This deed is for a 1.5 acre parcel of land in Westminster which was part of the real property set off to the five minor children of Benjamin Seaver (1857-1816).  Heman Ray was appointed guardian of the five minor children and ordered to sell the land to the highest bidder.  The highest bidder was Samuel Whitney (probably a relative of Martha Whitney, wife of the deceased Benjamin Seaver and mother of Benjamin Seaver, the five minor children, and other children).  However, Samuel Whitney declined to buy the land, and the guardian Heman Ray bargained to sell it to Benjamin Seaver (1791-1825) for $32.

Benjamin Seaver (1757-1816) of Westminster, Massachusetts married Martha Whitney Seaver (1764-1832) in 1783, and they had ten children between 1784 and 1812.  The other deed referenced in the above deed was transcribed in Amanuensis Monday -- 1818 Deed of Heman Ray to Benjamin Sever (1791-1825) in Gardner, Massachusetts.

Benjamin Seaver (1791-1825) married Abigail Gates (1797-1869) in 1817 and died intestate on 25 May 1825 in Westminster, and the present deed was recorded on 5 July 1825 after his death.

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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