Home > 000128. James Mattocks > Litchfield, Connecticut, Land Records

Litchfield, Connecticut, Land Records

Source: Litchfield, Connecticut, Land Records, Volume 15, page 701, transcribed, with notes, by Maxine Hobble and Glen Allen, for Alfred W. Little.

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(from Maxine HOBBLE, sister of Glen ALLEN)

3-8-88  Transcribed

James MATTOCKS or Friend SMITH and Others

Land records, Town Clerk Office

(from Volume 15, page 701) – Town clerk records – Litchfield, CT

This indenture made the 28th day of July in the year of our Lord 1793 between James MATTOCK of Litchfield in the County of Litchfield and the State of Connecticut of the one part; Mehitabel, his wife of the second part, and Freind (sic) SMITH of Bethlem in the County and State aforesaid of the third part.

Witnesseth that it is hereby covenanted and agreed by and between the [said] James and Mehitabel that from this day and henceforth they will and do separate and will continued during their lives to live separate to all intents and purposes and will no more live together and cohabit as man and wife in any way whatsoever, and the said James doth hereby absolutely renounce all rights, privileges and authorities over in and unto government services of the said Mehitabel by law vested in him as her husband.  The said Friend on his part in consideration of a grant hereafter made by the said James to him doth covenant for himself, his heirs, executors and administrators to and with the said James, his executors and administrators that the said Friend will save him, the said James harmless of and indemnifying him from all debts, dues and demands due and owing from any contracts by the said Mehitabel before her intermarriage with the said James for which the said James is by law liable and also of and from all debts and which the said Mehitabel may hereinafter contract and from all costs, claims and changes for which the said James may by law hereinafter become liable for or[?] on her account.  And the said James for himself, his heirs, executors and administrators and assigns doth hereby in consideration of the covenant aforesaid gives, grants, bargains, sells, assigns, conveys and quit claims to the said Friend and his executors, administrators and assigns all his rights, titles and interest in and unto all of the land, tenements, hereto and assets in trust and estate which the said James had, hath and holds in

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right of his said wife, Mehitabel and also in and unto all the Articles of Personal Estate which came or may come to him, the said James in virtue and consequence of the intermarriage aforesaid to have and to hold to him, the said Friend, his heirs and to thereafter and trusts and subject to the provisions and conditions herreinafter mentioned.  That is to say the said Friend shall and may take into his possession and keeping all of the said Personal Estate to be his own for the purposes of satisfying the said debt, the whole or in part and account therefore with the said Mehitabel and he may and shall also take the said land and tenaments into his indicated use and possession and the same hold and occupy until out of the rent, profits and improvements he hath received and obtained wherewith shall to satisfy and pay all of the said debts and demands now due and owing on account of contracts by the said Mehitabel made before her said intermarriage.  No longer after which the said Friend his heirs and ^assigns shall hold the said land and tenaments in trust for and to the use and benefit of her the said Mehitabel during the joint lives of said James and Mehitabel.  Provided nevertheless and it is understood by all parties hereto that so soon as the said James shall be legally, compelled and obliged to pay and discharge any debts, charge or claims on account of the said Mehitabel as aforesaid or shall be so compelled to contribute to her support maintenance that then this aforesaid grant and conveyance to the said Friend and every part or part thereof shall cease and become utterly void and of no effect.  And it is also covenanted and understood and provided that if after the satisfaction of said debts and claims now due and owing aforesaid, the said Friend shall in virtue of the foregoing covenants become liable or become compelled to pay and satisfy any debts or charges on account of the Mehitabel that then the said Friend shall and may take the said land and tenaments into his own immediate use or improvements until out of the rent and profits thereof he shall beneficially reimburse the same the foregoing trust and declaration of the wife thereof notwithstanding.  The foregoing notwithstanding it is understood that the said

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Friend will not dispose and sell any of said Articles of Personal Estate that are or may be necessary for use of the said Mehitabel for the remainder of her life. In witness whereof we herewith set our hands the day and date aforesaid.

Signed James MATTOCKS, Mehitabel MATTOCKS, Friend SMITH

Witnesses to the subscription of said James and Friend: John ALLEN, El Nathan HOLLY (possibly ^Jame’s son-in-law Elnathan HOLLY)

Witnesses to the said Mehitabel: Lambert JOHNSON and Warren SMITH (son-in-law and son of Mehitabel)

County of Litchfield July 28, 1793.  Litchfield, CT

Personally appeared James MATTOCKS the signer above written and acknowledged this to be his full act and deed before me.  Signed Abraham BRADLEY, Justice of the Peace.  Recorded March 27, 1793 by Moses SEYMOUR, Registrar of Deeds.

[Typewritten note affixed to bottom of page:]

John owned a sawmill and was born 1 November 1735 and was married ca 1760.  A son, Warren, witnessed the separation agreement between James and Mehitabel MATTOCKS but was not named in the will of the father.

Later court records between 1807 and 1809 show Friend SMITH living at Amherst, CT, John Jr living at Louisville, Lewis Co, NY and Mehitabel at Suffield, Hartford Co, CT.  There are 2 transactions between Benjamin OWENS of Suffield and Mehitable – (he could be/a son-in-law from one of the daughters under 18 at fathers death).

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There follows on page 702 a document between Anson SMITH and Friend SMITH which reads as follows:

This indenture made between the subscriber Friend SMITH and Anson SMITH both of Litchfield this 20th day of January 1796 witnesses;

That it is agreed that in consideration of the covenant and conveyances hereinafter by the said Friend made the said Anson will and doth hereby covenant to and with the said Friend his heirs, executors and administrators he will in all aspects support, maintain and uphold his mother, Mrs. Mehitabel MATTOCK of said Litchfield and will pay all debts by her necessarily contracted hereafter and will save the said Friend harmless of and from all claims and demands and damages arising from her contracting of any debts as aforesaid and from his support and maintenance and will also save all other the heirs of our father of and from the support of mother said Mehitabel and in consideration of the promises the said Friend doth hereby for.  (The balance of this document was not included but would be shown on page 703.)

Glen ALLEN note to the above:

John SMITH, first husband of Mehitabel SMITH MATTOCKS in his will admitted to the court on 9 May, 1786 (volume 4, page 264 of Town Clerk probate records of Litchfield, CT) left a total estate valued at pounds 125-7-0 including 57 acres of land.  It was to be distributed 1/3 to Mehitabel which upon her death was to be divided by the four sons of said marriage namely, Wait, Freind (sic), Anson and John. Friend also received 12 1/2 acres of land.  The oldest daughter, Matilda, wife of Lambert JOHNSON, received 7 acres of land.  Two unidentified daughters not yet 18 were given personal effects, from a personal property inventory valued at 23 pounds 15 shillings and 2 pence against debts of 4 shillings 11 pence.

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