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Moody Severy's Mortgage Deed to his Father

Privacy Level: Open (White)
Date: 17 Apr 1793 [unknown]
Location: Sutton, Worcester, Massachusetts, United Statesmap
Surname/tag: Severy
This page has been accessed 57 times.

Contents

Background

This deed[1] was discovered in the Sutton Historical Society's General Rufus Putnam Hall, while tidying the museum therein. It was transcribed and added here for preservation and use by researchers, and will be added to the museum's catalogue in due course.

Jacob Severy sold this land to his son, Moody Severy on the same date as this document was written, for the same amount of money noted herein.[2]

It appears that Moody sold the land back to his father, but when this deed was written on the same day, it was labelled as "Moody Severy's mortgage to his father" and there were many conditions attached, to be completed both during the lifetime of his parents and afterwards. This deed is not included in the official land records.

Persons mentioned

The Severy family

Landowners abutting the property described

Note: some of these are tenuous as there was a lot of generational repetition of names.


Witnesses and other parties

The deed

[page one]

To all People to Whom these Presents Shall Come, - Greeting
know ye that I Moody Severy of Sutton in the county of Worcester
Commonwealth of Massachusetts yeoman – For and in consideration
of the sum of five hundred and fifty pounds to me in hand
before the ensealing hereof well and truly paid by Jacob Severy
of Sutton in the County and Commonwealth aforesaid yeoman
the receipt wherof I do hereby acknowledg and my selfe therewith
fully satisfied and contented of every parte and parcel thereof
do acquit and discharge him the said Jacob Severy his heirs
executors and administrators forever by these presents, have
given granted bargained sold conveyed by these presents
and confirm unto him the said Jacob Severy his heirs &e forever

four certain tracts or parcels of land lying and being in
said Sutton princably in the westerly parte of the Town the
whool contining one hundred and fifty eight acres be the
sam mor or less and is the whool of the farm & buildings
and other lands that my honered father gave me a
deed of baring even date with this deed and is butted
and bounded as followeth (viz) – The first piece
contains about one hundred and thirteen acres being the
home farm with the buildings standing there or bounding
as followeth beining at the southeasterly corner with a heep of
stones by the road, thence Westerly bounding on land of Stephen
Stockwell Noah Stockwell & Amos Stockwell, thence northerly
bounding on land of Elijah Brown & Jonathan King, thence
Easterly by said Kings and thence northerly by said King
thence Easterly bounding on said King and Land of Ebenezer
Marsh, thence Northerly and Westerly by severel anguls on land
of said Marsh, thence Northerly bounding on land of John
Haven to a heep of stones at the road, thence Eastorly bound
=ing partely on said road & partely on land of Solomon Marble
to a stak & stones, thence Southerly or Southeastorly bounding
partely by land of said Marble & partely by land of Stephen
Stockwell & on said road to the bounds first mentioned

Second piece of woodland contains about five acres and is
bounded as followeth beginning at the Southeasterly corner with
a stak & stones, thence Westorly bounding on land of Leut Nathaniel
Whitmoreto a stak & stones at Oxford Newline, thence northerly by
by said line to a stak & stones, thence Eastorly to a stak & stones at Oxford
Old Line thence northerly on said Oxford Old Line to a stak & stones, thence
Eastorly by land of Ambrose Stone to a stak & stones, thence northerly by
by land of said Stone to a stak & stones, thence Eastorly by Land of
Bond & Severs two rods & sixteen links to a stak & stones, thence
southerly by said Bond & Severs Land about 41 rods to the bounds first
mentioned, with a priveledg to pass and ree pass to said land
as may appear by a former deed of said land

[page two]

Third piece of madow land containing about three acres and is butted & bounded
as followeth beginning with a stak & stones the Southeastorly corner of said
madow lot, thence westorly bounding on land of Folansbe Chase to a heep of
stones, thence northeastorly bounding on land of Simon Fuller to a stak &
stones, thence Eastorly bounding partely on land of Jonathan King and
partely on land of Jonathan Putnam to a heep of stones, thence Southerly
boudning on land of said Putnam to the bounds first mentioned

The forth piece of woodland lying in the Southerly parte of the town
and contains thirty six acres and is butted and bounded as followeth
beginning at the Northeastorly corner of said land being a small wallnut
tree & stones, thence southerly by land of John Harbach 44 rods to heep of
stones, thence Westorly bounding partly by land of James Taylor 131
rods to a stak & stones, thence northerly bounding on land of Nathan Sibley
44 rods to a small wallnut tree & stones, thence Eastorly bounding on land
of Simeon Carpenter Phinebus Putnam Ezekiel Cole & Abner Sibley to
Bounds first mentioned

To have and to hold the said granted and bargained priviledg
with all the priviledgs and appurtenances thereto belonging to the said Jacob
Severy his heirs and assigns to him and their use and behoof for ever
and I the said Moody Severy for my selfe my heirs and assigns do
covenant with the said Jacob Severy his heirs and assigns that I am
lawfully seized in fee of the primises that they are free of all incom
=brances that I have good right to sell and convey the sam to him
to him the said Jacob Severy in manner as aforesaid and that
I will warrant and defenc the Sam to the said Jacob Severy
his heirs and assigns for ever against the lawfull claims and
demands of all persons – In witness where unto I the said
Moody Severy have here unto set my hand and seal this seventeenth
Day of April Anno Domini 1793 and in the Seventeenth year
of the Independance of Ameriace

Always provided and these presents are upon the following consid
=ration any thing herein aforwritten to the contary notwithstan
=ding that if I the said Moody Severy my heirs executors or ad
ministrators shall well and truly perform all the yearly dutes &
payments and priveledgs here after named and expressed (viz)
that he continue to let his said honered father and mother
live in and improve the Eastorly halfe of the Dwelling House excepting only a priviledg in the ???
and the bed room in the Northwestorly corner of the house and
one halfe of the celler with an equal priviledg up stairs and down
with an equal priviledg in the chicken and well for water and yard
Room Round the House and also one halfe of the barne and cowe
house, the said Moody to carr?on said farm with good husbandre and
to returne to his said father two thirds of the whole of all the
produce of said farm for the first three years next after this
date him to pay one third of all the taxes that shall be assessed
on said farm or stock and after the term of three years from this
date then the said Moody to have one halfe of the stock and to
carreon said farm as before and to Return the one halfe of all
the produce of said farm of every kind and sorte to his said
Honered father during his natuorel life and to pay the one
halfe of all the taxes and if his said father should decease
before his said mother then the said Moody to have three quarters

[page three]

quarters of all the live stock and to carreon said farm as before and
to return to his said honered mother the one quarter part of all the produce
of said farm of every kind and sort him the said Moody to pay
all the taxes that shall be assessed on said farm and stock for that
term, and after the decease of boath father and mother then all the
livestock to be the said Moodys and further after the decease of my
said honered father and mother to continue to let my two sistors (viz)
Mary and Ruth live in and improve the east room to if the frunt
room in the dwelling house and a priviledg in the celler and to the
well for water so long as thay or either of them shall remain to be
singlewomen thay not to bring in any other famely or parson exep
=ting only for nursing if sick &,e and the said Moody to provide a
sufficancs of fine wood for one fire for his said father and mother
during their or either of their natuerel life ready cut at the door
fit for the chimney and brought in if required and the said Moody
to put the hay in the barn and to tend the cattel summer and winter
and also the said Moody to pay all his said fathers lawfull debts
and to pay to each of his brothers and sisters the following sums
To Joseph Severy eldest son the sum of seventeen pounds ten
shillings & eight pence in one year after his said honered fathers
Decease --- £17:10:8
To Sarah Goodnogh the sum of thirteen pounds fifteen shillings
to be paif to her as her nessaty shall require to be left to the diseracion of the said Moody Severy and is shee shold not be
under any particaler neassety then to pay the said sum & the interest
thereof to her oldest son Jacob if living & if not then to such of
her children as may be then surviving when he or that shall
arrive to the age of twenty one years old --- £13:15:0
To pay to Mary Severy the sum of thirty five pounds five shillings & eight
pence to be paid her in three years after my said fathers decease
--- £35:5:8
To pay to Ruth Severy the sum of twenty seven pounds in four
years after my said fathers decease --- £27:0:0
To pay to Thomos Severy the sum of thirty five pounds five
shillings & eight pence in five years after my said fathers
Decease --- £35:5:8
To pay to Asa Severy the sum of thirty five pounds five
shillings & eight pence in six years after my said father
Deecase --- £35:5:8
[TWO LINES OF CROSSING OUT - appears to repeat the payment to Asa Severy above]
To pay to Aaron Severy the Sum of thirty five pounds five
Shillings & Eight pence in Eight years afer my said fathers decease
£35:5:8
To pay to Archeball Severy the sum of fifteen pounds five shillings
and eight pence in nine years after my said fathers decease
£15:5:8
To pay to Samuell Severy the sum of thirty five
Pounds five shillings & eight pence in ten years after my
said fathers decease --- £35:5:8

[page four]

all the before mentioned sumes and pay ments to be on interest from
and after one year after my said fathers decease till paid
and the said Moody Severy is to pay all the lawfull debts that
his said father has all ready contracted before this date – and if
either of the said brothers or sisters should decease before the
time of payment as befor mentioned and leave no heirs to keep
their sum or sums of money assigned to them then their parte to
be equaly divided to an amongst the surviving brother
and sisters the said Moody to be accounted as one

Provided never theless and it is the true intente of the partes
that if the said Moody Severy or his heirs &,e do faithfully and
punctuly pay and perform all and every of the yearly dates
and payments in their respective season with out fraud or covent
then this deed to be void and of none efect But upon the defalt
of payments and performance as befor or any parte thereof
then to remain in full force strength and virtue and if shall
be lawfull for the saidJacob Severy and Abigel his wife to keep
enter the primises and to tak possion as before his conveayance

In witness where unto I the said Moody Severy have here
unto set my hand and seal this seventeenth day of April
Anno Domini 1793 – and in the seventeenth year of the Ameriacn
Independence –
Signed Sealed & Deliverd
Moody Severy [signature]
In presents of us
Enoch Stockwell [signature]
Timothy Sibley [signature]

[sideways under signatures, different handwriting]
Worcester fs. May 6th 1793 Moody
Severy personally appeard and acknow
=ledged this instrument to be his free
act and Deed
Before me Solomon Leland Jus Peace

[at foot of page, upside down]
Severy’s Mortgage
deed to his Father

[page five]

Sutton January 20th 1795 – then Recved of Moody
Severy the sum of thirty pounds lawfull money
as so much a twords my portion ought of my
Honered Fathers estate Recvd by me
Aaron Severy [signature]

Sutton January 20th 1795 – then Recved of
Moody Severy the sum of twenty pounds lawfull
money it being as so much a twords my portion
ought of my honered fathers estate recvd by me
Archibald Severy [signature]
attest Timothy Sibley [signature]

Sources

  1. Land record
    Deed of land transaction at Sutton, Massachusetts, between Moody Severy (grantor) and Jacob Severy (grantee) dated 17 April 1793
    Sutton Historical Society Museum, General Rufus Putnam Hall, Sutton, Massachusetts;
    Uncatalogued deed
  2. Land record: "Massachusetts Land Records, 1620-1986"
    Catalog: Worcester County (Mass.) deeds (1722-1866) and index to deeds (1731-1889) -- Deeds, v. 142-143 1800-1801
    Image path: Massachusetts Land Records, 1620-1986 > Worcester > Deeds 1800-1801 vol 142-143 > image 397 of 697
    FamilySearch Image: 3QSQ-G9ZH-P9LB (accessed 8 April 2023)




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Categories: Sutton, Massachusetts