History of the town of Oxford, Massachusetts with genealogies and notes on persons and estates, Part 34

Author: Daniels, George Fisher, 1820-1897
Publication date: 1892
Publisher: Oxford : Pub. by the author with the cooperation of the town
Number of Pages: 916

USA > Massachusetts > Worcester County > Oxford > History of the town of Oxford, Massachusetts with genealogies and notes on persons and estates > Part 34

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The fourth division, Cox's, was deeded 28 June, 1701, by Daniel Cox, physician, of London, to his son Daniel. The tract was early subdivided, the northern third having been conveyed to Thomas Freak of Hannington, Wiltshire, Eng., and the southern to John Blackwell, Cox retaining the central third. Freak deeded, 20 Feb., 1709, his 2,000 acres in trust for Mary the daughter of his son John, then a merchant of Boston. She married, 1 May, 1694, Josiah Wolcott of Salem, and 16 Dec., 1730, being then a widow, deeded the 2,000 acres to Edward Kitchen and Freke, his wife, of Salem, who sold in lots to settlers.

The southern third part was sold by Blackwell's heirs, with his large 6,000-acre lot, to Peter Papillon, and divided with that among

1 Mr. D. T. V. Huntoon gives the following as the manner in which Dunbar came into posses- sion of these lands: "Gov. Stoughton was un- married. His sister Hannah married James Minot, they had a daughter Elizabeth, who mar- ried Rev. John Danforth of Dorchester; their daugliter Hannah married Rev. Samuel Dunbar, and Elijah was their son. [A descendant, John Danforth Dunbar, was in 1795, and for several subsequent years, a lawyer at Charlton. In March, 1801, he was of Plymouth.]

A memorandum of several visits to Oxford and Charlton in 1779, 1782 and 1783 by Mr. Dunbar to look after his land interests. is in possession of his descendants. Other persons interested as owners were with him. Under date 10 Oct., 1782, he says : "dined at Lord's [hotel at Oxford Cen- tre], go to Capt. Hancock's [Timothy Aldrich

place, H. 58] . . . 11th set off from Manchaug corner [" Waters "-Ebenezer was surveyor, and Hancock and Levi Davis chainmen] went as far as the new village line: lodge at Hancock's .- 12th, set off from a stump shown by Capt. John Larned to be ye place where ye lettered oak tree formerly stood, and run N. 2° W., touching Augutteback pond [lower pond at Howarth's] . . . find a heap of stones supposed to be the old corner of sd line. 15th, Waters, Kallock and self went and made ye S. E. corner of ye new village line [on the west side the river, now the west line of Howarth's estate]. 30th, Amidown and self walk to ye pine tree at Worcester - General Learned with us,-find by ye corner of ye line between Sutton and Oxford that it varies 2° from Gore's survey."

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HISTORY OF OXFORD.

his heirs into four equal portions of 500 acres each. The easterly 500 acres, which extended into Oxford to the village line, was drawn by Richard Williams, and embraced the mill privilege known as John Rich's, in Charlton. In 1747 Williams sold this water-power to Jonathan, Jr., and Ephraim Ballard, who there built a saw-mill. In 1754 Ephraim sold to Jonathan, who continued to operate the mill, built a potash factory, and added to his estate, and on 11 April, 1774, sold to Ebenezer Davis and David Rich, both of Charlton, 180 acres, part in Oxford and part in Charlton. In 1777 Davis sold to Rich, who added a grist-mill and early in the present century a wool carding mill. He died there, leaving as his successor his son, John H., who lived to old age, operating the mills, and died there 9 Oct., 1883.

The remainder of the southern one-third was allotted to John Wol- cott, Molly Papillon, later Mrs. William Thomas, and Katharine [Mrs. George Gibbs] 500 acres each.

The central third remained the property of Daniel Cox, Jr., who came to America and died 1737 at Trenton, N. J. His heirs, after many years, made Ezra Taylor of Southboro (later of Pownalsboro, Me.), their attorney. Numerous settlers had gone upon the premises and taken possession, and in a majority of cases, perhaps without controversy, sales were made to the occupants. Several suits, how- ever, were brought for ejectment, and among them one became of much importance as a test case. This suit was brought by Taylor at the November term of 1771, in the Court of Common Pleas at Worces- ter, in the name of William Cox of Bristol, Pa., and others, against John Edwards of Charlton. Trial, June term, 1773, verdict for Cox et al. Edwards appealed to the higher court. The Revolutionary struggle coming on the case was not heard till 1780, when under the new State Constitution it came up before the Supreme Judicial Court and was prosecuted with great vigor. According to the report [printed in an appendix to Vol. 14, Mass., 491] the law of the case was argued several times by Paine [probably Robert Treat] for the demandants, and Sprague and Lincoln for the tenant, and after long consideration by the court judgment was finally entered, Oct. term, 1782, for the demandants. Two points were made for the tenant by his counsel : [1] The deed from Cox, Sen., to Cox, Jr., was not exe- cuted according to statute requirements. But the court held, never- theless, that the execution of the deed in London had been sufficiently proved by the testimony of a resident of Philadelphia who wit- nessed its signature. [2] There had been no "livery of Seizin." On this point the court held, that in accordance with the common opinion of most colonial lawyers, the feudal ceremony of grantor going with grantee personally upon the premises conveyed and there giving him in hand the twig of a tree or a piece of turf from the soil as a sym- bolical delivery of the land was not necessary in Massachusetts. This is thought to be the first reported decision of an American court upon this subject. Of course after this decision Cox's title was not gen-

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erally disputed, and Taylor was able to collect from other parties the sums due for lands. Deeds from Taylor to Charlton settlers are numerous.1

The fifth 6,000 acres, Thompson's, descended to his four daughters, who received each 1,000 acres of the west portion, and his only son Joseph, who received 2,500 acres, the east part, there being an over- plus of 500 acres. Joseph was of Nonsuch Park, Parish of Ewell, Surrey, Eng., and his heirs living on 7 March, 1754, were Thomas Whately, Sen., and his wife Mary, who were also of Nonsuch Park, Thomas Whately, Jr., Stamp Brooksbank and wife Elizabeth. These at that date deeded to Ebenezer Learned and Edward Davis the said tract of 2,500 acres.2 Davis owned the west part and settled his sons upon it. Learned received the portion bounding east on the Maanexit at North Oxford, embracing the present Texas Village. From a record, CII., 591, we learn that Thomas Whately died possessed "partly by inheritance from his ancestor Robert Thompson and partly by purchase" of two-thirds of the original 6,000 acres, he having bought the interest of the four daughters, therefore Joseph, son of said Thomas Whately, being "of said Nonsuch Park, Clerk, and Professor in Gresham College, and the only surviving heir of said Thomas," on 16 Oct., 1786, decded to Samuel Danforth of Boston, physician, the said two-thirds or 4,000 acres of the westerly portion of the original tract. Deeds from Danforth to settlers are numerous.

South Gore and Vicinity. Hobart Grant. Prior to the year 1628 a corporation was formed in London of "Adventurers for a Plantation intended att Mattachusetts Bay in Newe England in America." An account of George Harwood, Treasurer, appears on page 1, vol. 2, of the Probate Records of Suffolk County, the heading of which is as follows :-

"IN THE NAME OF GOD, AMEN.

" LONDON, May, 1628.

" Sundrie men owe unto the general stock of the Adventurers for a planta- tion intended att Mattachusetts Bay in newe England in America the some of ten thousand one hundredth and sixtie pounds, and is for soe much undertaken by the particular persons mentioned hereafter by these several subscriptions to be by them adventured in this joint and general stock . . . for the planta- tion, whereunto the Almighty grant prosperous and happy succese that the same may redound to his glorie the . of the Gospell of Jesus Christ, and the particular good of the . . . adventurers that now are or hereafter shall be interested therein. The persons nowe to be made debt'rs to the gen'll stock [are] as followeth, vizt." . [Nearly 100 names are appended. ]

Into the capital stock of this company Richard Westland of Boston, England, paid £50. Subscribers were entitled to lands in proportion to their payments. From a petition of Rev. Samuel Whiting of

1 We are indebted to the courtesy of Maj. Courts in Worcester, for the facts in this case. William T, Harlow, First Assistant Clerk of 2 Worcester Records, XXXV., 243.

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HISTORY OF OXFORD.

Lynn, presented to the authorities, 28 May, 1679, we learn that Westland nearly 50 years before had made a deed of gift of his rights to the said Whiting, he being a brother-in-law. In this memorial he asks that five or six hundred acres of land might be set off to him, on which it was voted : "Granted to Mr. Whiting, Sen., and his heires six hundred acres of Land."1 After Mr. Whiting's decease, upon application of Mrs. Elizabeth Hobart, his daughter, and sole heir, in 1717, the grant of 600 acres was set off to her at the north end of Chaubunagungamaug Pond.2

On 7 May, 1718, Elizabeth Hobart of Hartford, widow of Jeremiah Hobart, clergyman, late of Haddam, for £60, deeded this estate to Josiah Dwight, first minister of Woodstock, who on 28 May, 1726, sold the same for £550 to Josiah Kingsbury of Needham.3 In 1732 Josiah Kingsbury sold the north part of this tract to his son Theodore and in 1737 the south part to his son Josiah, who both occupied as settlers.

The original grant to Mrs. Hobart included the "Falls," the spot where, before 1728, on the stream issuing from Chaubunagungamaug, the first saw-mill was built. George Robinson in 1719 bought the land adjoining on the west and had taken possession of the water- power and built a mill. In 1728 Josiah Kingsbury, in a petition to the General Court represents the facts and asks for a grant of 23 acres of poor land near the mouth of Sucker Brook as a compensation. The matter was referred to John Chandler, who reported "that there is cut off from the Original [Hobart] Survey . . . about three acres, on the same stands a Saw Mill the conveniency for which was a great inducement to carry the bounds of the farm so far westward." He then reviews and describes the land petitioned for and gives his opinion that it was hardly an equivalent to the "Fall or mill place."

The Roxbury School Grant. On 16 Oct., 1660, the General Court passed the following : "The Court Judgeth it meete to graunte the town of Roxbury five hundred acres of land towards the main- tenance of a free school." On 24 Nov., 1715, a petition was pre- sented to the Court signed by several citizens of Roxbury stating that a grant of 500 acres for the free school had been made in 1660, but had never been laid out, asking that action might be taken in the case ; on which it was voted that leave be given to have a plan made and presented. On 14 Nov., 1718, a plot was returned, and said grant confirmed. According to this plot, now in the State archives, the mouth of Sucker Brook was the first bound, the line ran thence northeasterly, thence at a right angle southeasterly, thence at a right angle southwesterly to the pond, at what was later Mr. Campbell's line, about one-third of a mile south of Brown's cove or pond, so called, thence northerly following the shore of the pond, including all the long arm stretching into it, to the first bound at Sucker Brook.

1 Gen. Court Rec., X., 171, 202.

2 Mass. Rec., V., 232.

3 Suffolk Records.

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OUT-LYING LANDS.

On 12 June, 1770, John Baker and Joseph Mayo of Roxbury, com- mittee to sell the school lands, deeded to Hezekiah Bellows 279 acres of the southern portion of the tract, and 43 acres "on the neck." On 9 Feb., 1779, Bellows deeded to James Cudworth 324 acres, with a house and half a saw-mill. In June of the next year Cudworth, then living on the premises, sold the whole bought of Bellows to John Wight. On 12 June, 1781, Wight deeded back to Cudworth, who on 22 June, 1781, deeded the same, excepting half a saw-mill, reserved to Jacob Barrett, to Dr. James Gleason and Asa Robinson.

On 25 Feb., 1774, said Baker and Mayo, committee, deeded to Rev. Joseph Bowman of Oxford 2474 acres, the remainder of the original grant, being the northern portion, reserving a road for Bellows, then living on the south part. In 1774 Mr. Bowman deeded 100 acres of the northwest part to Oliver Barrett of Killingly, Conn., and on 9 July, 1777, 117 acres, part of the same, to Nathan Smith of Sutton. In 1780 Smith sold 15 acres on which was a saw-mill to Jacob Barrett. 1781 Bowman sold 55 acres to Hezekiah Bellows. On 13 June, 1782, Nathan Smith and Elizabeth, his wife, of South Gore, deeded to John Boyce of Mendon, house- wright, 105 acres and buildings, being the northeast part of the Roxbury School Farm. In 1786 Boyce sold to Benoni Benson and Abraham Staples, both of Mendon, who in 1792 sold to Philip Brown, who occupied it and kept a public house. Marvin, his son, was later owner and occupant.

Thompson Grant. In May, 1683, on account of services rendered to the Province, a grant of 500 acres of land was made to Major Robert Thompson of London, which was confirmed to him Feb., 1727. It was bounded on the west by the Hobart or Kingsbury land, on the north by Oxford Village, and on the east by Dr. Douglas' land. On 26 Nov., 1803, Thomas Corbett and Elizabeth, his wife, she being heir and devisee of Robert Thompson of Elsham, County of Lincoln, England, deeded for $750 the "Thompson farm" to James Butler of Oxford. Mr. Butler brought a suit for ejectment against Benjamin Davis and obtained possession. A large portion of this land is known as Douglas Woods. Reuben Dudley is present owner of a portion, which has been improved.

Campbell Grant. Rev. John Campbell, representing that he required aid in the work of the ministry at Oxford, and asking in 1736 for a grant of land, was voted his request. A plan in the State archives is endorsed :-

" This Plan . .. describes the boundary of 310 acres of land with a pond, lying south of Oxford on the Southeast side of Roxbury School farm, east from Dudley town on the east side of Chaubunagungamaug Pond, bounded east and south with a line of marked trees on the Province land, surveyed and laid out in pursuance of the grant of the General Court of this Province in their fall session of 1736 to the Rev. Mr. John Campbell of Oxford. By Isaac Larned surveyor, and Samuel Davis and John Larned chainmen. Surveyed 18 Mar. 1737 and ratified Jan. 1738." 38

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HISTORY OF OXFORD.

The north line of this grant was about one-third of a mile southerly of what is known as Brown's Pond, and it extended south more than a mile on the lake shore, and east 118 rods from the lake at the southern extremity and 210 rods at the northern. On 20 March, 1765, Edward Wigglesworth, to whom it was sold by Mr. Campbell's executors, deeded it, estimating it at 400 acres, including a pond, to Levi Wight and Dr. James Gleason, both of Thompson Parish. Dr. Green of Leicester later held a mortgage upon it, and in 1777 his heirs quitclaimed it as follows: To Levi Wight 120 acres, to Dr. James Gleason 180 acres, and to Aaron Wakefield and Amos Wake- field each one-half of 100 acres. William Wakefield is named as one of the interested parties.

Leonard Grant. On 24 Jan., 1736, Elkanah Leonard of Middleboro petitioned for a grant of land as compensation for his services in prosecuting persons from Rhode Island who committed acts of violence on the gore of land in controversy between the two governments, which was granted. A survey was made by Isaac Larned, and a plot of 100 acres confirmed to him, lying northeast of Chaubunagungamaug and northwest of the Roxbury School Farm, 1 Jan., 1739. Leonard, 5 Jan., 1739, sold to John Jones of Hopkin- ton, who in 1748 conveyed the same to Roger Amidown, who in 1765 sold to Abijah Kingsbury. In his deed the bounds are given as fol- lows :-

" 100 acres, beginning at the northeast corner of the Roxbury school farm, thence southwesterly by said farm to the mouth of Sucker Brook; thence northerly by Josiah Kingsbury's land 120 rods; thence easterly 200 rods; thence southerly to the first bound."

On 3 June, 1768, Kingsbury deeded to Ichabod Chamberlain of Dudley, who, 2 Sept., 1783, deeded to Joseph Rawson of Dudley. He occupied the place for a few years and removed to the farm known as the Dexter Rawson place, which is now owned and occupied by his descendants.

Ward Grant. Eleazer Ward of Newtown, later of Oxford, about 1734 represented to the General Court that he had served many years in the Indian wars, and was in the expedition against Port Royal and was wounded, causing him much expense, that he was old and disabled by his hardships, had three sons, and no land to settle on, and asked for a grant: on which, 10 Dec., 1734, in the House of Representatives it was ordered that 150 acres be granted to him on conditions that he or his heirs or assigns settle the same within three years, build and finish a house at least 18 feet square and 7 feet stud, and break up or bring to five acres of English grass and well enclose the same. In April, 1735, a tract was laid out and confirmed to him, a plan of which is in the State archives endorsed as follows :-

"This plan contains 150 acres of Province Land which lyeth S. of Oxford, west from New Sherburn : bounded south on province land, west on a 500

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acre farm called ye ' minde farm,' laid out for N. Ingham and his company." Isaac Larned was the surveyor.1

On 18 July, 1741, he deeded to his son Samuel one-half his home- stead in Oxford, and "two pieces of remote land, being a part of the grant of Gen. Court to me," and in 1747, 90 acres near the south- east corner of Oxford, bounded, beginning at Manchaug Corner, etc. The easterly line of his original grant ran S. 15° E. 300 rods from Manchaug Corner.

The southernmost part of the Gore was occupied some years pre- vious to 1744 by Joseph Chamberlain, his son Ebenezer, and his son- in-law Josiah Balch. In 1744 the State sold to them 320 acres, bounded on New Sherborn [now Douglas] on the east and the Con- necticut line on the south. [See Chamberlain. ] These several grants did not cover the whole area of the Gore lands. About 1,400 acres remained in lots of various size and form, and in 1769 passed into the possession of the "twenty proprietors of Douglas." According to McIntire's survey the Gore embraced 4,590 acres.2

North Gore Lands. In Oct., 1648, a petition, as follows, was presented to the General Court :-

" To the honored the Governor, Magistrates and Deputies of the General Court in Boston now assembled :

" The Petition of Herbert Pelham late of Cambridge in Mattachuset now for the present in England resident.

" Sheweth : That whereas there is to the said Herbert due from this Colonie of Mattachuset eight hundred acres of land for the consideration of and in reference unto a hundred pound about 17 years agoe, he the said Herbert with his father [Thomas Waldgrave] put into the common stock, it is therefore the desire of the said Herbert that you will be pleased to graunt to him the said number of akers, and what more you shall for his forbearance think conven- ient, in such place as not prejudicing any plantation he the said Herbert shall by his agents find out and allot upon, and that this Pr sent Court will further be pleased to answer so timeously your petitioner that upon notice given he may with all convenient speed effect his desire and make return thereof unto the Court, that whether Pr. sent or absent he may remaine ever mindful to be yours in what office of love he the said Herbert shall be able to Pleasure this Colonie.

"Presented the 19th day of the 8 m. 1648, in the name of Herbert Pelham, Esq., in his absence, by Henry Dunster at the motion of the said Herbert by his letters dated Ferrers, Apr. 4, 1648." 3

1648, Oct. 27. In answer to this petition, it was ordered that Mr. Pelham "should have his 400 akers of land," and also the heirs of

1 Mr. Ward had land granted him in Township No. 2, east of Connecticut River and adjoining the same, for services at Port Royal. He sold in 1737 to George Harrington, Sen., of Watertown.

This " mine farm " was probably named from the fact that iron ore was found there and it is supposed that "N. Ingham and his company," who were of Boston, had obtained a grant as a speculation, but abandoned the enterprise.

2 A thorough study of the early land grants and conveyances in the South Gore has been made by Benjamin A. Wakefield (a resident and

a descendant of one of the early settlers), to whom we are indebted for aid in preparing the foregoing.

3 Mr. Pelham was a man of high standing among the people of the " Mattachuset Colonie," second to John Winthrop on the list of assis- tants, from 1645 to 1649, and the first treasurer of Harvard College. The subscription "to the com- mon stock," refers to that made in London for the aid and encouragement of the new colony then being organized for the settlement at Boston.

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HISTORY OF OXFORD.

Thomas Waldgrave another "400 akers" in such place as " not prej- udicing any plantation he the sd. Herbert shall, by his agents find out and allot upon."

On 30 June, 1703, Penelope Winslow of Marshfield represented to the court that she was the daughter of Mr. Pelham, and that the said grant had never been laid out, and asked consideration. No action appears to have been at that time taken in the matter. Later Isaac and Elizabeth Winslow, only children and heirs of Dame Penelope Winslow, petitioned that the grants to Pelham and Waldgrave might be set off to them, upon which there appears to have been some action, as on 20 Nov., 1718, Isaac Winslow and Elizabeth Burton represented that they had selected and caused to be surveyed "according to the law in this case," 400 acres, being one-half of the 800 acres due them. This plot, which was not in the vicinity of Oxford, was confirmed to them. Their rights in the second 400 acres they sold to Daniel Livermore of Weston, one of the proprietors and settlers at Leicester, who chose his 400 acres in the "Country Gore." A plan is in the State archives, on the back of which is endorsed :-

" May 28, 1719. Pursuant to a grante of the Grate and General Court of eight hundred accers of Land I have Lay'd out to Daniell Livermore four hundred accers of land being one half of the above said eight hundred Accre Grante which was formerly granted to Mr. Havard Pellom, Esq., and Leatly Granted to Mr. Edward Pellom and Coll. Isaack Winslow, Esq., and his sister said land lying between Oxford and Leissester bounded with Oxford line Every where Els with Country Land as is Signified in this plat. Surveyed pr David Hanyes."

The selection and laying out of land in the Gore seems to have awakened the interest of certain members of the General Court in the locality, and on 11 June, 1719, a committee (of which William Dudley was chairman) was appointed to take a plot of these lands, which reported a plan embracing 10,751 acres. In the House of Representatives, 11 Nov., 1719, it was-

"Ordered that the said ten thousand seven hundred and fifty-one acres be sold to the highest bidder, the Produce to be returned to the Public Treasury for the use of the Province . . . No one person to purchase above the quantity of 300 acres saving that 400 Acres may be laid out in the said tract in such convenient Place and Form as shall be approved by the said Committee, to fulfill that half of the grant of eight hundred Acres made to Herbert Pelham, Esq., which fell to Isaac Winslow and his sister." 1

On 16 June, 1721, William Dudley, Esq., informed the House that he had sold the 10,000 acres, etc., but could not give a title as it was not laid out to any County. Upon which it was resolved that the said 10,000 acres be annexed to and accounted a part of Suffolk County from this time.

1 From the language of this order it is evident that the grant as laid out by the surveyor, Mr. Haynes, to Mr. Livermore had not at this date been confirmed to him; and the reason of this may have been that the form of the plat as pre- sented was such as to interfere somewhat with a judicious disposition of the adjoining lands. Here his proprietorship in 400 acres in such place

and form as the committee shall approve is affirmed. The place of the grant was in the main the same, but the form, as appears from Liver- more's deed, when he sold two years later, was materially changed. We find no other confirma- tion of Mr. Livermore's title than is contained in the above order.

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OUT-LYING LANDS.

It may well be supposed that a public sale of 10,000 acres of land in the vicinity of Oxford, Leicester and Worcester, must have awakened unusual interest, especially among the numerous land spec- ulators of the day. The record of the sale does not appear, but we gather the names of most of the purchasers from the deeds, which were all dated 20 July, 1721, and recorded in the registry of Suffolk County at Boston.

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History of the town of Oxford, Massachusetts with genealogies and notes on persons and estates, Part 34

Author: Daniels, George Fisher, 1820-1897 Publication date: 1892 Publisher: Oxford : Pub. by the author with the cooperation of the town Number of Pages: 916

Author: Daniels, George Fisher, 1820-1897
Publication date: 1892
Publisher: Oxford : Pub. by the author with the cooperation of the town
Number of Pages: 916