Amanuensis Monday — 1818 Deed of Heman Ray to Benjamin Sever (1791-1825) in Gardner, Massachusetts

 This week’s doc for transcription is the 1818 land deed of Heman Ray promoting land in Gardner, Massachusetts to Benjamin Sever of Westminster, Massachusetts:

[Volume 246, pages 50-51]:

{Quantity 246, web page 52-53}:

The transcription of the deed is:


[Page 50, the bottom portion of the page]:

[left-hand margin]:

Ray Heman
       to
Benj’n Sever

[body of document]:

Know all males by these presents that I Heman Ray of Westmin-
ster within the County of Worcester, yeoman and guardian of
Martha Sever, Silas Sever, Isaac Sever, Rozilla Sever and Mary
Jane Sever, minors, kids of Benjamin Sever late of stated
Westminster, deceased, intestate, by an order of the Supreme
Judicial Court docket begun and holden at Worcester inside and
for stated county of Worcester on the fourth Tuesday of Septem-
ber final previous, was licensed and duly empowered to promote and
move deeds to convey the entire of stated Minors actual property the
proceeds thereof to be put out and secured to stated minors, on
curiosity for his or her profit, and whereas I the stated Ray, having
given thirty days public discover of the meant sale, by posting
up ads in stated Westminster, Princeton and Worcester
on the twenty fourth day October final previous, that the next
described actual property of stated minors could be bought to the high-
est bidder on the premises on the twenty sixth day of November
then subsequent following at 9 of the clock within the fore-noon, and
having first given bonds and brought the oath by regulation in such instances
required, did on the stated twenty sixth day of November, pursu-
ant to the license and spot aforesaid, promote at Public Vendue
the next tract of land being part of the true property of
stated Minors to Ethan Sever of Gardner in stated county, Yeo-
man for the sum of fourteen hundred and eighty {dollars}
he being the best bidder therefor, who has refused to take
a deed of stated land, and provides safety for the stated sum,

[page 51]:

and I hereby have bargained the identical premises to Benjamin
Sever of stated Gardner yeoman, for a similar sum of fourteen
hundred and eighty {Dollars}, as was struck off to the stated Ethan as
highest bidder therefor as follows to wit, starting on the south-
easterly nook thereof by land of ^Abraham Mossman & Land of^ Charles Taylor at a stake and
stones, thence South fifty one levels West sixty 4 rods by land
of stated Taylor to a stake & stones, thence South forty three levels
East twenty three rods by land of stated Taylor to a stake and
stones, thence South fifty one and a half levels West eighty six
rods by land of David Cowee to a stake and stones, thence north
thirty 9 levels West twenty 9 rods by land of Merari
Spaulding to a stake and stones, thence south forty eight deg’s
and twenty minutes West fifty six rods and 13 hyperlinks by
land of stated Spaulding to a stake and stones by the city street
thence Northerly in town street aforesaid to a stake & stones
in a criminal within the wall, somewhat South of the home, then cross-
ing stated street and working Northwesterly by land of Jabez
Fairbank & Benjamin Sever aforesaid fifty 4 rods to a
stake & stones in a nook of stated land, thence North eleven
levels West by land ^of^ Pearson Cowee forty six rods and thir-
teen hyperlinks to a stake & stones, thence Easterly by land which the stated
intestate bought of 1 Josiah Kendall, and land of John
Jackson eighty two rods and 13 hyperlinks to a stake and stones
by stated street, thence crossing stated street at a stake and stones by
land of Samuel Whitney, thence South thirty seven levels
East by land of stated Whitney ten rods to a stake and stones,
thence North forty one levels East by land of stated Whitney
eleven rods to a stake, thence crossing a department of stated street east-
erly by land of Zebina Spaulding fifty 5 rods to a stake
& stones thence North forty three levels East sixty 9 rods
& twelve hyperlinks by land of stated Zebina to a stake & stones, thence
North eight and a half levels East fifty one rods to a stake and
stones, thence North 9 levels East fifty one rods to a stake and
stones, thence north 9 & a half levels East eight rods & two
hyperlinks by land of Ezekiel Frinks to a stake & stones, thence South
forty 4 levels East forty rods to a stake & stones, thence South
twenty levels East fifty six rods by land of stated Abraham
Mosman to the certain first talked about.  Subsequently Know ye
that I the stated Heman Ray, Guardian, as aforesaid by advantage
of the facility and authority in me vested as aforesaid, in con-
sideration of the aforesaid Sum of fourteen hundred and eighty
{Dollars} to me paid by the stated Benjamin Sever, the receipt 
whereof I do hereby acknowledge, do hereby give, grant, promote
and convey unto him the stated Benjamin Sever, his Heirs and

[page 52]:

assigns, the tract of land herein above described, or howsoever the
similar is reputed to be bounded or described.  To have and to carry
the above granted premises, with all of the privileges and appur-
tenances to the identical belonging to him the stated Benjamin Sever
his Heirs and assigns ceaselessly to his and their use and Behoof for-
ever, and I the stated Ray Guardian as aforesaid, do hereby coven-
ant with the stated Benjamin Sever his Heirs and assigns, that I
was lawfully licensed and empowered to make sale of the
similar as aforesaid, that I gave thirty days public discover of the stated
meant sale, as aforesaid, that I gave bonds and took the oath by
regulation required earlier to stated sale, that it was obligatory the identical
needs to be bought for the needs aforesaid.  In witness whereof
I the stated Heman Ray Guardian as aforesaid have hereunto set
my hand and seal this fourteenth day of January within the
12 months of  our Lord one thousand eight hundred and eighteen.
Signed, Sealed & delivered  }    Heman Ray Guardian  {seal}
in presence of us                  }   Worcester Ss January 14 1818  Then
  W’m Penniman      }  the above named Heman Ray personally
  Ethan Sever           }  acknowledged the above Instrument by him
Subscribed be his free act and Deed – earlier than me 
                                                  Alex’d  Dustin  magistrate
Rec’d. July 5’th 1825. Entd. & Ex’d By Artwork’s Ward, Reg’r.

The supply citations for this deed file is:

“Massachusetts, Land Data, 1620-1986,” digital pictures, Church of Jesus Christ of Latter-Day Saints, FamilySearch (https://familysearch.org : accessed 9 Could 2021), Worcester County, “Deeds 1825-1826, Vol 246-247,” Quantity 246, Pages 50-52 (pictures 45-46 of 720), Deed of Heman Ray to Benjamin Sever, executed 14 January 1818, recorded 5 July 1825.

The weblog post, Amanuensis Monday – the Probate of Benjamin Seaver’s (1757-1816) Estate (31 Could 2010) summarizes the probate file of the deceased Benjamin Seaver (1757-1816) who died intestate on 20 June 1816.  He and his spouse, Martha (Whitney) Seaver (1764-1832) had ten kids, however the youngest 5 had been minors when Benjamin Seaver died in 1816.  Subsequently, Heman Ray was appointed guardian of these 5 kids, and the minor kids got equal shares of the house lot (in Gardner and Westminster) amounting to 104 acres of land.  The deed doesn’t present an acreage – it’s most likely the 104 acres with buildings that was bequeathed to the 5 minor kids.  Presumably, every of the 5 kids obtained $296 from the sale.

Their mom, Martha, was granted a dwelling on the house lot within the division of her husband’s property for one 12 months, which most likely resulted within the sale of this property so she had a spot to dwell together with her youngest kids.  It’s doubtless that Martha, her 5 youngest kids, and Benjamin Seaver together with his household lived on the house lot after this deed was executed, or till the kids married and left the house lot. 

Ethan Seaver (1765-1823) was a brother of Benjamin Seaver (1757-1816), and was not an inheritor of Benjamin.  He had the best bid on the property in a public vendue, however then declined to purchase it.  consequently, Heman Ray bargained with Benjamin Seaver to purchase the land for a similar worth.  

Benjamin Seaver (1791-1825) was the second son of Benjamin and Martha (Whitney) Seaver, and he obtained a 51 acre portion of the house lot within the division of his father’s property.  Benjamin Seaver (1791-1825) married Abigail Gates (1797-1867) on 2 March 1817 and so they had 4 kids between 1817 and 1825.  After Benjamin Seaver (1791-1825) died, his widow Abigail (Gates) Seaver married his brother, Isaac Seaver (1802-1870) in 1832.  The deed was recorded after Benjamin Seaver (1791-1825) died on 25 Could 1825.

Whereas this appears very convoluted, seeing the daddy’s probate distribution and all the land deeds helps decide what was taking place for the descendants of Benjamin Seaver (1757-1816).  It’s obvious that they tried very arduous to maintain the household collectively and assist all relations as a lot as doable whereas assembly all the authorized necessities of probate.

The house lot of the deceased Benjamin Seaver (1757-1816) was within the northwestern a part of Westminster, and doubtless bordered in town of Gardner to the west.  The “street” might be what’s now Overlook Street.  It was close to the intersection of what’s now Overlook Street and North Gardner Street.  The lot was most likely a number of the space south of North Gardner Street and maybe west into the city of Gardner.  The Norman Seaver home, which Benjamin Seaver obtained within the distribution of Norman Seaver’s land in 1787, is south of North Gardner Street on the east facet of Overlook Street and remains to be standing.  

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 means of thier 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 affords this definition for “amanuensis:”

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

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