Monday, January 24, 2022

Amanuensis Monday -- 1774 Deed of Moses Brigham Jr. of Westborough, Mass. Selling Land in Westborough to Jonathan Forbes

 This week's document for transcription is the 1774 deed record for Moses Brigham Jr., yeoman of Westborough, Massachusetts selling the children's share of his father's real estate in Westborough, Worcester County to Jonathan Forbes, yeoman of Westborough, for 460 pounds.

[Worcester County, Mass. Deeds - Volume 76, Page 45]:

The transcription of this deed is (starting in the middle of the left-hand page of the image):

[page 45]

To all People to whom these presents shall come Greeting Know ye that I
Moses Brigham of the Town of Westborough in the County of Worcester in his Majesties Province
of the Massachusetts Bay in New England Yeoman for and in Consideration of the Sum of four hun-
dred and sixty pounds lawfull Money to me in hand before the Ensealing hereof well and truly paid by
Jonathan Forbes of the Town County & Province affores'd Yeoman the Receipt whereof I do hereby acknow-
ledge and my self therewith fully sattisfied and Contented and thereof and of every part & parcel
thereof do exonerate acquit & discharge him the said Jonathan Forbes his heirs Executors and
administrators forever by these presents have given granted bargained sold Aliened conveyed &
confirmed and by these presents do freely fully and absolutely give grant bargain sell aliene
convey and confirm unto him the said Jonathan Forbes his heirs and Assigns forever the following
pieces of land lying and being in Westborough afforesaid and contains by Estimation Ninety acres be
the same more or less and is the two thirds of the children's share of lands in the late Moses Brigham
of Westborough Deceased Real Estate and is bounded as followeth viz.  Begining at the southwest
Corner of this piece at a stake & heap of stones by the Land of Nathaniel Whitney and it being a
corner of the widdows thirds then runing Notherly a strait line by the widows thirds to the Coun-
try road crossing said road begining at a stake & stones runing Northwesterly to a stake
and stones at a corner of a wall & then turning Notherly by said wall to a stake & stones then
north to a stake & stones about nine Rods then turning Northeasterly and runs to a stake &
stones on the north side of the Barn then turning southerly through the Barn at the east side of the
Barn floore to a stake & stones about two rods south of the Barn and all west of the Barn floore
in the childrens part and the Center & scaffold over it on the south of the Bay in the east end of
the Barn and the Widow is to have Liberty to bring in her hay and Thrash her grain in said floore from
thence to the well at the House then turning to the Country road to a stake & stones from thence southerly &
crossing said Road to a stake & stones then turning easterly and runs by the widows thirds and to a small
walnut tree marked at Cap't Benjamin Fays land then turning southerly a strait line by s'd Benjamin
Fays land till it comes to the land of Nathaniel Whitney then Runing westerly by said Whitneys land
to the first mentioned Bounds; also another of piece of land bounded as folloeth viz. begining

[page 46]

at a stake a stake & stones at the southeast corner and by the land of En Jeduthun Fay and by the
County Road thence runing Westerly by said Road to a stake & stones which is a Corner of the widows thirds & called
her woodlots then turning Northerly & by said wood lots to a maple tree Marked then turning westerly and runing by
said wood lots to the Land of Benjamin Fay then turning & runing Northerly by s'd Benj'a Fays land to a stake &
stones then turning Easterly by s'd Fays land to a heap of stones it being a Corner of Benj'a Fays Jeduthun
Fays land thence easterly by s'd Jeduthun Fays land to a heap of stones then turning southerly by the said
Jeduthun Fays land to the bounds first mentioned of this piece of Land.  Another piece of land containing
about Eighteen acres and is upland swamp & meadow and touches the last mentioned piece of land.
Begining at the Northeasterly corner of the last mentioned piece of Land at a stake & stones thence runing
Northerly by the Land of Jeduthun Fay to a River called Elizabeth River then turning as the River runs
till it comes to the land of Francis Whipple Esq'r thence by said Whipples land till it comes to land of
Benj'a Fay thence by s'd Benj'a Fays land till it comes to the land now possessed by Jeduthun Fay thence
by s'd Jeduthun Fays land till it comes to the Bounds first mentioned of this piece.  The childrens share in the
House is the north front Room and all the Back rooms and celler under them and all above the lower
floore and the widows and the children have liberty to pass up chamber & down celler and the common
land left round the House is for the benefit of the widows thirds and the Childrens shares from a stake & heap
of stones at the road thence by the well and so round the House to the Road at the nort end of the house
according to the Bounds mentioned in the widows thirds.  And I the afforesaid Moses Brigham make this Re-
serve in the Kitchen of the above mentioned House as to reserve the small room in the Southwest corner of the
Kitchen & to pass & repass out of the widows room to it and also to do such work as cannot be done with Conveni-
ency in the widows room as to the fireplace & to have Liberty to do it in the Kitchen.  To Have and to Hold
the said Granted and bargained Premises with all the appurtenances Priviledges & commodities to the same
belonging or in any wise appertaining to him the said Jonathan Forbes his heirs and assigns forever to
his and their only proper use benefit & behoof forever, and I the said Moses Brigham for myself my heirs
Excutors and administrators do covenant promise and grant to and with him the said Jonathan Forbes
his heirs and assigns that before the ensealing hereof I am the true sole and lawfull owner of the above
bargained premises as I am lawfully seized & possessed of he same in my own proper rights as a good
lawfull authority to grant bargain sell convey & confirm said bargained premises in manner as affores'd
and that he the said Jonathan Forbes his heirs & assigns shall & may from time to time and at all times forever
hereafter by force & vertue of these presents Lawfully peaceably & quietly have hold use occupy possess & Enjoy
the s'd Demised & bargained premises with the appurtenances free and clear and freely & clearly acquit-
ted Exonerated & Discharged of from all and all manner of former or other gifts grants bargains sales
leases Mortgages wills Entails ^Jointures Dowries^ Judgments Executions or incumbrances of what name or Nature soever
that might in any measure degree obstructs or make void this present Deed &c.  Furthermore
I the said Moses Brigham for myself my heirs Executors & administrators do Covenant & Engage the above
Demised premises to him the said Jonathan Forbes his heirs and assigns against the lawfull Claims or
demands of any person or persons whatsoever forever hereafter to warrant secure & defend by these pre-
sents.  In witness whereof I the s'd Moses Brigham have hereunto set my hand & seal this twenty second
day of December Anno Domini one Thousand seven Hundred and seventy four and in the fourteenth
year of his Majestys Reign --  Moses Brigham (Ls) signed sealed & delivered in presents of us
Francis Whipple Samuel Evens.     Worcester Ss December y'e 24 1774.  The above named Moses
Brigham personally appeared and acknowledged the Above written Instrument by him subscribed to
be his free act and Deed.                                                Coram Francis Whipple Justice of peace
Rec'd April 17 1777 Entered & Exam'd  pr  Nath'n Baldwin Regr.

 The source citation for this land record is:

"Massachusetts, Land Records, 1620-1986," digital images, Church of Jesus Christ of Latter-Day Saints, FamilySearch (https://familysearch.org : accessed 12 January 2022); Worcester County, "Deeds 1776-1778, Vol. 75-77," Volume 76, pages 45-46 (image 286 of 650), Deed of Moses Brigham to Jonathan Forbes, executed 22 December 1774, recorded 17 April 1777;  citing original records in County Courthouses, and on FHL Microfilms.

Some background:  Moses Brigham, the father of Moses Brigham, Phinehas Brigham and five other children, died intestate on 3 December 1769. On 1 January 1770, his wife, Mehitable, was appointed administratrix of the estate in the Worcester County Probate Court.  She was also appointed the guardian of Phinehas and the other younger children.  In 1774, the estate was distributed to the heirs, and the oldest son, Moses Brigham Jr., was to have the real estate, and pay each of his siblings £49-13-9.  Mehitable Brigham received her widow's thirds of the real and personal estate, including a portion of the house and barn.

In this deed, Moses Brigham Jr., yeoman of Westborough, sold the two thirds children's share of his father's real property to Jonathan Forbes, yeoman of Westborough, on 22 December 1774.  

Jonathan Forbes (1746-1805) was the husband of Sarah Brigham (1751-1827), the eldest daughter of Moses and Mehitable (Grout) Brigham of Westborough.  In another deed executed in April 1779, Jonathan Forbes bought Phinehas Brigham's share of his mother's real estate, as he did buy Moses Brigham Jr's share in 1779, and he may have bought the shares of the other children of the elder Moses Brigham.  

Moses Brigham Jr. (1754-1814) was the son of Moses and Mehitable (Grout) Brigham of Westborough, Massachusetts.  He married Lucinda Tiffany (1761-1819) in about 1792 in New Hampshire. Moses and Mehitable (Grout) Brigham are my 5th great-grandparents through their son, Phinehas Brigham (1755-1802), who married Lydia Batherick (1752-1795) in 1779.

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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."

Read other transcriptions for records of my ancestors at Amanuensis Monday Posts.

Copyright (c) 2022, Randall J. Seaver

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