Here is a land transaction I transcribed from photos I took at the Hopkinton Town Clerks office of the sale of a piece of land Randall Wells sold to Theodoty Popple for $225 dollars. The location of the land was somewhere on the “Ashwog River” (Now called the Ashaway River) is about all I know. Somehow I doubt the same White Oak, Black Oak, Red Oak, Maple Tree and pile of stones that marked the other boundaries still stand today for us to reference.
Besides containing a portion of the river, it was also very close to the highway as it ran through Hopkinton back in 1772. It says “bounded as followeth Beginning at a White oak tree standing on the West bank of Ashwog River and from thence running Near South to a Stake + stones by the bank of said river four rods south of the Highway”. A rod is 16.5 feet, so if the point they are measuring is “four rods south of the Highway” it is only 66 feet from the highway.
Hopkinton Land Evidence Book #2, Page 357
To all people to whom these servants shall come greeting know ye that I Randall Wells of Hopkinton in Kings County yeoman for and in consideration of the sum of two hundred and twenty five good dollars to me in hand will and truly paid by Theodoty Popple of the same town County and Colony aforesaid yeoman the receipt where of I do hereby acknowledge myself there with fully satisfied contended and paid and have given granted and doby (?) these presents freely fully and absolutely given grant + bargain sell alien convey and confirm until him the said Theodoty Popple his heirs executors administrators + assigns forever a certain lot of land situate lying and being in Hopkinton aforesaid containing by estimation half an acre by the same more or less butted and bounded as followeth Beginning at a White oak tree standing on the West bank of Ashwog River and from thence running Near South to a Stake + stones by the bank of said river four rods south of the Highway from thence running Easterly Across said river to a Maple tree standing on the East bank of said river about five rods South of the afore said highway thence Near Southeast about five rods to a White Oak tree marked thence Near Northeast to the afore said Highway thence running across said highway to a stake + stones thence north about four rods to a Black oak tree with the top cut of thence near Northeast about five rods to a white oak tree from thence running near Northwest to a Red oak tree and from thence across said river to the first mentioned bound TO HAVE AND TO HOLD this said granted bargained premises with the Grist Mill + Dam + shop thereon standing + all other privileges and apparted xxxx to the same belonging on in any wise appertaining unto him the said Theodoty Popple his heirs and assigns forever except a highway that runs through said lot furthermore the said Randall Wells for my self my heirs Executors and administrators do covenant promise and grant to and with said Theodoty Popple his heirs and that before and until the ensealing here of I am the true sole and lawful owner of the before granted and bargained premises and am lawfully seized and possessed of the same in my own right as a good perfect and absolute estate of inheritance in xxx simple and have in my self good right full power and lawful authority to grant bargain sell + convey the same afore said and that the bargained premises and every part of the same is free and clear from all manner of incumbrances of what name or nature forever that might in any nature or degree make void this perfect deed — furthermore I the said Randall Wells for myself my heirs executors and administrators do here by covenant and engage all the before bargained premises unto him the said Theodoty Popple his heirs and assigns against the lawful claims or demands of any person or persons whatsoever forever hereafter to warrant secure and defend by the presents and Lois Wells wife to the said Randall Wells both for the consideration afore said giving xxx up and surrender her right of dower and power of thirds as in and unto the before granted and bargained premises unto him the said Theodoty Popple his heirs and assigns forever In witness whereof we have hereunto set out hands and seals the 31st day of March in the twelfth year of his Majesties reign George the Third King of Great Britain 1772.
Signed Sealed and Delivered.
Randall Wells (seal) Lois Wells (seal)
In the presence of
John Lewis Jur John Maxson Jur
Kings County xx personally appeared the subscriber Randall Wells in Hopkinton on the day and date above written and acknowledged the above and foregoing xxxx to be his voluntary act and xxx hand and seal thereto affixed before me.
John Maxson Jur Justice of the Peace
The above is a true coppy of the original deed and entered on record the 15th day of June 1772 by John Maxson jur Town Clerk.
I though t this a curious statement:
“Lois Wells wife to the said Randall Wells both for the consideration afore said giving xxx up and surrender her right of dower and power of thirds as in and unto the before granted and bargained premises”
I did a little goggling and found this: dower n. an old English common law right of a widow to one-third of her late husband’s estate, which is still the law in a few states. In those states the surviving wife can choose either the dower rights or, if more generous, accept the terms of her husband’s will in what is called a widow’s election.
This would seem to be the reason Lois signs this document. It is because with her signature she is relinquishing and future claim she might have on the land after Randall’s death.