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

  This week’s doc for transcription is the 1800 land document for Ephraim Witherbee, yeoman of Westminster, Massachusetts, promoting 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 close to the underside of the left-hand web page of picture):

                              Know all males by these presents that I E-
phraim Witherbee of Westminster within 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 each of Westmin-
ster within the County & Commonwealth aforesaid Yeoman
the receipt whereof I do hereby acknowledge, do by these presents
hereby give, grant promote & convey unto the mentioned Benjamin Sever
& Joseph Spaldin and their heirs & assigns a sure messuage
or tract of upland situate mendacity & being within the Northerly
a part of the city of Westminster & it’s the one half a part of
the farm on which the mentioned Weatherbee now dwelleth each
for amount & for high quality with the one half a part of all
the buildings & enhancements thereon & it lyeth in
frequent & undivided with the opposite half of the mentioned
farm the entire Westerly on Alphus Whitny Northerly
on Linclons land Easterly on Linds & Kendalls land
Southerly on Kendalls land the entire containing
sixty acres with two acres for highways if want be the
one half of which each for amount & for high quality being
right here conveyed to the mentioned Sever & Spaldin Collectively &
severally & their heirs &c.               To have and to carry
the identical to the mentioned Benj’a Sever & Joseph Spaldin
and to their heirs & assigns to them & their use & behoof
ceaselessly.  And I do covenant with the mentioned Benj’a Sever &
Jospeh Spaldin & their heirs & assigns that I’m

[Volume 139, page 567]

lawfully seized in payment of the premises that they’re freed from all incum-
brances & that I’ll warrant and defend the identical to the mentioned Ben-
jamin ^Sever^ & Joseph Spaldin & their heirs & assigns ceaselessly towards the
lawful claims & calls for of all individuals.  And it’s additional agreed
& covenanted by & between the events that if the above named
Ephraim Wetherbee or his heirs or assigns shall properly & actually pay
or trigger to be paid to Stephen Miles treasurer of the city of
Westminster or successor in s’d workplace the above sum of seventy seven
{dollars} & fifty cents in a single yr from the primary day of January final
handed with the curiosity for which trustworthy cost this deed is
given as Collateral safety & save innocent the abovesaid Benj’a
Sever & Joseph Spaldin then this deed is to develop into void of no ef-
fect or on failure whereof I’ve 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 Prepare         }                 Witherbe above named acknowledged this
Instrument to be his free act & deed earlier than me.
                                                Abner Holden Jus. Peace
Rec’d  April 9’th 1800  Ent’d & Examination’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 inside named was agreeable to the situation of the inside decd has paid to Stephen
Miles Treasurer for the City of Westminster the complete sum of seventy seven {dollars} & fifty cents
with the lawful curiosity until the primary day of January final and the mentioned Joseph Spaldin & Benjamin
Sever is discharged from their obligations to mentioned Miles and we declare the inside to be void
& of no impact 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, earlier than Abner Holden Justice Peace
                                                  Rec’d March 24 1801 Enter’d & examination’d p’r Dan’l Clap Reg’r
    
The supply citations for this land document is:

“Massachusetts, Land Information, 1620-1986,” digital photos, Church of Jesus Christ of Latter-Day Saints, FamilySearch (https://familysearch.org : accessed 11 June 2021), Worcester County, “Deeds 1799-1800, vol. 138-139,” Quantity 139, Web page 556 (picture 690 of 744), Ephraim Witherbee to Benjamin Seaver and Joseph Spaldin, executed 4 March 1800, recorded 9 April 1800; citing unique data 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 city 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 so they had ten youngsters 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 third great-grandparents by way of their son Isaac Seaver (1823-1901).  

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NOTE: Genea-blogger John Newmark (who writes the wonderful TransylvanianDutch weblog) began a Monday weblog theme years in the past referred to as “Amanuensis Monday.” John provides this definition for “amanuensis:”

“An individual employed to jot down what one other dictates or to repeat what has been written by one other.”

Learn different transcriptions for my ancestors in Amanuensis Monday Posts.


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