Amanuensis Monday — 1800 Mortgage Deed of Ephraim Witherbee Selling 62 Acres of Land in Westminster, Mass. to Benjamin Seaver and Joseph Spalden

  This week’s doc for transcription is the 1800 land file for Ephraim Witherbee, yeoman of Westminster, Massachusetts, promoting 62 acres of land in Westminster, Massachusetts for $200 to Benjamin Seaver and Joseph Spalden, yeomen of Westminster: 

[Worcester County, Mass. Deeds – Volume 141, Page 517]:

[Worcester County, Mass. Deeds – Volume 141, Page 518]:

The transcription of the deed is (from close to the underside of the left-hand web page of picture):

[page 517, starts halfway down right-hand page]
                                   Know all males by these presents that I
Ephraim Weatherbee of Westminster within the County of Worces-
ter & Commonwealth of Massachusetts yeoman in consid-
eration of the sum of 200 {dollars} paid to me
by Benjamin Sever & Josiah Spalden each of Westmin-
ter of the County & Commonwealth aforesaid yeomens
the receipt thereof  I do hereby acknowledge do hereby give grant
promote & convey unto the stated Benjamin Sever & Josiah Spalden
their heirs assigns without end the next tract of upland
situate mendacity & being within the City of Westminster & the North-
erly half thereof being the one half a part of a second division lot
on which I now dwell and the entire incorporates sixty two acres
the one half of which is right here conveyed each for amount & for
high quality with the one half of ^all^ the buildings & enhancements
thereon and it bounds Northerly on land of Mr. Lincoln &
Easterly on Linds & Kendalls land Southerly on Kendalls
[page 518, left-hand page]
land Westerly on Alphus Whitneys land or nonetheless different
sensible bounded or anticipated to be bounded.
     To have and to carry the identical to the stated Benjamin
Sever & Joseph Spalden their heirs & assigns to his & their use
& behoof without end And I do covenant with the stated Benjamin
Sever & Joseph Spalden & their heirs assigns that I’m
lawfully seized in payment of the premises that they’re free
of all incumbrances and that I’ll warrant & defend the
similar to the stated Benjamin Sever & Joseph Spalden & their
heirs assigns without end towards the lawful claims & calls for
of all individuals.
                                      Offered nonetheless and this to be
understood that the stated Benjamin Sever & Joseph Spalden
on the particular occasion and request of the stated Ephraim With-
erbee stand certain & obliged to Stephen Miles Treasurer of the
City of Westminster & for the sum of forty three {dollars} & thir-
ty 4 cents payable in a single yr from the first day of Jan-
uary A.D. one thousand eight hundred with curiosity.  If there-
fore the stated Witherbee or his heirs or assigns shall properly & actually
pay or trigger to be paid to the stated Stephen Miles or his Succes-
sor within the workplace of Treasurer for stated City of Westminster with
in a single yr from January eighteen hundred the abovesaid sum
of forty three {dollars} & thirty 4 cents with the lawful
curiosity in order to avoid wasting the stated Joseph Spalden & Benjamin Sever
innocent & their heirs & executors & assigns then the above
deed is to turn out to be void or else to be in full drive without end.
      In witness whereof I’ve hereunto set my hand &
seal this twenty sixth day of August A D 1800
Signed sealed & delivered                  Ephraim  Witherbee {seal}
Abner Holden
Stephen Miles                Worcester ss  Westminster August 1800
Rec’d Sep^r 25, 1800  Enter’d & examination’d per Dan’l Clap Reg.
[In left-hand margin of page 518]
Know all males by these presents that we Joseph Spalden & Benjamin Sever each of Westminster within the County of 
Worcester & Commonwealth of Massachusetts yeomans do by these presents acknowledge that we’ve got obtained of the inside
named Ephraim Witherbee the total sum of forty three {dollars} & thirty 4 cents the sum inside talked about with the curiosity 
and we do hereby declare the inside deed to be without end hereafter to be nul & void.  In witness our arms & seals
In witness our arms & seals in presence of us — Abner Holden, Isaac Miller                           }       Joseph Spaulding
Worcester ss Westminster April y’e 6’th 1801 personally appeared  Joseph Spalden & Benja-  }    Benjamin Sever
Sever & acknowledged the above to be their free act & deed. earlier than Abner Holden, Justice Peace
                                  Rec’d Ap’l 14 1801  Enter’d & examination’d pr  Dan’l Clap Reg’r
The supply citations for this land file is:

“Massachusetts, Land Information, 1620-1986,” digital photographs, Church of Jesus Christ of Latter-Day Saints, FamilySearch ( : accessed 11 June 2021), Worcester County, “Deeds 1800, vol. 140-141,” Quantity 141, Pages 517-518 (picture 623-626 of 696), mortgage deed of Ephraim Witherbee to Benjamin Seaver and Joseph Spaldin, executed 26 August 1801, recorded 14 April 1801; citing unique information in County Courthouses, and on FHL Microfilms.

This deed is for a 62 acre parcel of land in Westminster, which was one half of Ephraim Witherbee’s tract of land.  They paid $200 for the land, which was used as collateral for Ephraim Witherbee’s debt of $43.34 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, they usually 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).  


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 presents 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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