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| Notes for Daniel CHENEY | ||||||||||||||||
| 185DANIEL, 2(JOHN,1) b. in England about 1633; mar. in Newbury, Oct.8 1665, SARAH dau. of JOHN JR.and ELEANOR(EMERY)BAYLEY, b. Aug. 17, 1644, d. Oct. 26, 1714. He was a man of great industry and sagacity, and lived the life of diligent farmer and useful citizen. He brought up a large family and left an honorable name. He and his wife were members of the church before 1675. The town chose him as one of its two constables in 1688. The rate list mentions himself and his brother Peter and Peter's son Peter.Daniel had at that time,2 horses , ten acres of plow land, 20 acres of meadow, 14 acres of pasture, Peter ,senior,possessed one house, 1 horse,2 acres of plowland, 6 acres of pasture,2 cows and 1 "hogg", and his family consisted of 4 "heads".Peter Jr., was simply enrolled, being a voter,but no property is mentioned. Daniel Cheney had the honor of being made a "freeman of the colony" May 7, 1663.John Pike, who was chosen lieutenant of a company of militia in Newbury, fell under the displeasure of the General Court for some reason; and several persons in various parts of the county petitioned for his pardon 1654, ordered every man who had signed the petition to give bond in the sum of oe 10, to appear for trial at the local court, to show why they had ventured to petition so boldly! DANIEL CHENEY, of Newbury, was one of the three rash men who asked for fairplay for their officer. No crime; and no punishment followed, of course. He died Sept. 10, 1694.As four of his children were under age, Joshua Bayley was appointed guardian of john and Eleanor; and Joseph Bayley of Joseph and James. Before she had become of age,however ,Eleanor had married, become a widow and married a second time! Dec. 22, 1694, "Sarah Cheny" writes in a clear hand her refusal to administer upon the estate of her husband, and requests the appointment of her son DANIEL. The inventory, which was taken by Tristam Coffin and four others, Sept. 20, 1694, appraised the dwelling house, barn, orchards, "plowland," pasture and meadow adjoining and the "freehold," at oe300; the house , land and barn in possession of Nathaniel Brickett, at oe30; other lands oe48; a list of household effects follows, including books and napkins and brass kettles, etc., "Englishn Corne," and "Indian Corne",a loom, cooper's tools, utensils of husbandry, &c., showing a prosperous estate; bringing the total yo oe 567, 11 shillings. The report of the commissioners who had been appointed to divide the estate is so full of items of interest, that many will be glad to read it all. THE DIVISION OF THE ESTATE OF DANIEL CHENEY "We whose names are heerunderwritten; being chosen and appoynted by the children of DANIEL CHENEY late of newbury deceased to make a division of the estate among said children, according to an Agreement being dated August the first 1698 and in the tenth year of his majestys Reign; and acknowledged by said children theyr attorny and guardians before the honorable Jonathan Corwin Judge of Probate &c on the sd. first of August 1698. Have divided and apportioned the said estate as followeth: viz into nine equal parts i e - TO DANIEL CHENY the eldest son of the said Daniel Cheny deceased having made the first choyce according to the liberty given him in sd. agreemt, Have chosen: two ninth pts of the Housing whear the deceased did dwell, Also the freehold Lott in the upper woods, (which ye sd daniel cheney deceased did draw) and the rate Lott which was laid out to the sd. Daneil Cheny deceasd; also the whole neck of meadow as it is bounded with the Mill River and John Pikes meadow, bounded with stakes and holes dug. Also and Island of Creek grass lying in the Mill River also two ninth parts of all the division of divisions of lands that shall be laid out to the Rights of the said daniel cheny deceased in any of the Comons or undivided lands of Newury which we account & judge to be two ninths pts of said estate Real, And two ninths of the personall estate wch is oe18-15s-4d we leave in his hand as he was appoynted Administrator to sd estate, he paying John Cheny oe3-17s-0d as money and to Joseph Cheny oe8-13s-11d and to James Cheny oe8-13s-11d and to John Richards oe1-9-1 and to the Widow oe4-14s-8d all as money out of the personall estate. To John Cheny two ninth pts of the housing wher the deceased did dwell Alos the third lott in the plow land by the house in breadth at the Comon Six Rods, and at the Southerly end Six Rods--twelve feete and a half running from a stake by the stone wall near the Comon on a streight line; on the westerly side to a stake by the stonewall by the pasture, taking in the northwest corner of the Barne being in breadth ther about thirteen Rods & 3 foote taking pt of the dwelling house, Also about ten acres of pasture and meadow adjoyning to his upland and is bounded with the fence of the corne field northerly by his owne land and Mr. Brumfields easterly, and southerly by the River as it runs from Mr. Brumfields land to a walnut tree on the land marked and stone about it and from the Walnutt tree on a streight line to a forked walnut tree standing neer the field: and from thence to the field on a streight line and then by the fence of the field as it now stands, Also one ninth pt of all the division & divisions of land which shall be laid out in any of the comons or undivided lands of Newbury which shall be laid out to deceasd, and three pounds & 17s to be paid to him by the Administrater viz Daniel Cheny as mony out of the personall estate. To Joseph Cheny one ninth pt of the Housing, also the second lott in the plow land which is in breadth next the Comon six Rod ten foote and three Inches, and at the lower end Six Rod ten foote and three inches. Bounded northerly by ye comon, westerly by the third Lott, southerly by John Chenys pasture and meadow, and easterly by James Chenys plowland, Also ten acres of Pasture & meadow, be it more or less, Bounded easterly by John Chenys Pasture and meadow, By the River Southerly, by the land of John Richards westerly & Southerly & by the Mill River partly westerly and by James Cheny Pasture & meadow northerly, Also one ninth part of all the division or divisions of land that shall be laid out to the Rights of Daniel Cheny deceasd in any of the comons or undicidlands of Newbury & 8oe-13s-11d to be paid as mony by the Administratr out of the personal estate. To James Cheny one ninth part of all the housing, also the first Lott in the Plow land by the house being in breadth next the comon six Rods ten foote and three inches. Bounded northerly by the Comon, esterly by Mr Brumfields land, southerly by John Chenys Pasture and meadow and westelry by Joseph Chenys Plowland (the orchard being in the first and second lotts) Also ten acres of upland and meadow be it more or less, Bounded easterly by the fence of the corne field as itnow stands, northerly by the fence running from the corne field to the Creek, and then the Creek is the northerly Bounds & Southerly by Joseph Chenys meadow the line running from the Creek to a stake and so over the southerly end of a ledge of Rocks on a streight line to a white oak tree marked, neer the Corne field, (which white oak tree parts between Joseph Cheny and James Cheny) and so to the fence of the field which is the Bounds as it now standeth, Also one ninth part of all the division or divisions of land which shall be laid out to the rights of the said Daniel Cheny deceased in any of the Comons or undivided lands of Newbury & oe8-13s-11d as mony to be paid by the Administratr out of the personall estate. To John Richards (who married with Sarah Cheny the daughter of Daniel Cheny deceased) Having already received a House & lands & orchard of the Administratr to sd estate, out of sd Estate wch house land & orchard the sd John Richards hath sold, that not being the full of his part we have laid out to him in full of his ninth pt of sd estate three acres of upland and meadow be the same more or less bounded southerly & westerly by the River, and northerly by Joseph Chenys meadow runing from a stake by the River to an other stake a white oak and red oak tree being in the range and easterly by Joseph Chenys land runing from the corner stake on a streight line to a little walnutt tree by the River, Also six acres of Divident land in the playnes, Also one ninth part of all the division or divisions of land which shall be laid out in any of the comons or undivided lands of Newbury to the rights of the said Daniel Cheny (deceased) and 1oe-9s-2s more than what he hath already received to be paid by the Adminsitratr as mony out of the personal estate. To John Emerson who married with Judith Cheny the daughter of Daniel Cheny deceased one ninth part of the housing also the rate lott formerly purchased (which lott was origenaly laid out ot Mr. Richard Kent late of Newbury deceased) lying in the upper woods in Newbury, Also about five acres & a half of meadow lying between the creek and the neck of meadow, laid out to Daniel Cheny & John Pikes meadow (ie) all yt Peice of meadow bounded as aforesd excepting about an acre and a half of meadow staked out at the Easterly end, Also one ninth part of all those division or divisions of lands, which shall be laid out to the comon rights of the sd daniel Cheny deceased in any of the comons or undivided lands of Newbury, he paying as mony to the Administrator 8oe-3s-11d which is for so much of the personall estate that he hath received of the Administratr more than his part. To Richard Jackman, as he is Attorny to and the purchaser of all the rights that mr. Thomas Wisewell of New Towne in the County of Middlesex who maried with Hanah Cheny Daughter of Daniel Cheny deceased and of Eloner the daughter of the said Daniel Cheny deceased formerly Satchell, widdow, and now Safford, All the right that the sd Hanah & Eloner had or might have in the estate of theyr said father Daniel Cheny the sd Jackman having purchased the said rights before this division of sd estate was made & with the desire and consent of the Administratr that the lands should be divided amoung the children, we have for the two aforesd Rights viz of Hanah and Eloner purchased by said Jackman laid out unto the sd Jackman two ninths of the housing, and all the westerly end of the Plow land as it is bounded with the land of John Cheny easterly and by the fence of sd field northerly westery & southerly as it now stands, to a stake standing about a Rod from the southeast corner of the leanto and so on a streight line to a stake next the comon. Also about fourteen acres of upland and meadow bounded estaerly by the comon, northerly and westerly by John Pikes upland and meadow and a creeke and southerly by a fence yt parts said land from James Chenys land, Also about an acre and half of meadow lying on the northwest side of the great Creek as it is bounded southerly by John Emersons meadow and by John Pikes meadow and the creek on the other sides, Also tow ninth parts of all the division or divisions of lands that shall be laid out to the rights of Daniel Cheny late of Newbury deceased in all the comons or undivided lands of Newbury, he paying to the Administratr for what Thomas Wisewell formerly received of said Administratr towards his portion or share of said estate the sum of eleven pounds 17 s & 11d, and for what Eloner Satchell asias Safford had received of the Administratr towards her share or portion of said estate the sum of nine pounds 2s & 11d, of wch sums ten pounds is to be paid to the administratr by sd Jackman in good and lawfull mony & the rest in good pay as mony, to be paid at or before the first day of may next ensuing the date hereof. We agree and determine that each of the children and theyr succerssors forever shall have liberly to pass & repass to and from theyr shares of land heerin mentioned thru any of the rest of the lands wch slide (sic?) on horse back or on foote provided they can't conveniently go uppon theyr owne to make improvement, and for those of the children that have a share in the housing to have free egress and regress to and from the dwelling house, and well, and Barne, and also to have liberty of a convenient Barne yard wth convenient room to lay fyrewood by the dwelling house to them theyr heyrs & successors for Ever. Also we agree that John Cheny shall improve and have the grass that grows uppon the acre and half of meadow on the northwest side of the creek for three years and then it shall be and remain to Richard Jackman a aforesaid. Also that the Administratr shall pay to Richard Jackman thirty six shillings in or as mony. ALLWAYS PROVIDED that in all the divisions of Housing & lands above named the widows thirds are reserved for her in every share. Also we agree and determine that notwithstanding this division of the lands heerin made yet any of the children shall have libery to remove off any of theyr goods of off sd lands any time within six months after this date. Also that if any farther Debts should be recovered of the Administratr that were due from the deceased it shall be equally borne by all the children, and if any estate shall appear belonging to the deceased more then yet doth appear it shall be divided among the children By the same rule that this now is. In confirmation and in testimony that this our agreement as to the division of the estate of Daniel Cheny late of Newbury deceased into nine equal parts according to our best Judgements having refference to the Inventory given in to the Judge of probats & c as our quide and the division of sd estate to the children of the said danil cheny deceased above mentioned to be an estate of Inheritance to them & theyr heyrs for ever we have heer unto set our hands & scales this 29th day of Movember Anon Domini 1698 & in the tenth year of his majes Reign--Tristram Coffin (Seal) John Worth (Seal) Henry Short (Seal) | ||||||||||||||||
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