Sewall Stearns
Sewall Stearns
| Born | 1796-09-21 Billerica, MA |
| Died | 1849-10-31 Billerica, MA |
| Select Board | |
| In Office | 1833 - 1841 1843 - 1845 |
| Father | Timothy Stearns |
| Mother | Sarah Lane |
Sewall Stearns (1796-1849) was a farmer, justice of the peace and selectman who lived on the old Stearns farm beside the Concord River in the south-west corner of Billerica, near the Bedford line.
He was born in Billerica on September 21, 1796, a son of Timothy Stearns and Sarah Lane of Bedford. His father's will of 1816 left the homestead to Sewall and his brother Obed, with the use of a third to their mother for her life. In April 1824 Obed quitclaimed to him for $1,650 his share of "one hundred acres of land more or less lying partly in Bedford and partly in Billerica ... with the buildings thereon, bounded westerly on Concord river," with a sixty-acre pasture in Ashburnham and woodlots in Carlisle. The farm, whose house is known today as the Captain John Stearns House on Dudley Road, had been in the Stearns family since the 1660s.
Stearns was a selectman from 1833 to 1840 and again in 1843 and 1844, and as a justice of the peace he was styled Esquire in the deeds of the 1840s. He was also a lender to his neighbors: he took mortgages from Asa Hill in 1829, Isaac Brown in 1841, James Cole on his new house in 1844 and George G. Davis in 1848, and with his sister Sarah A. Stearns he held, and in 1846 discharged, a mortgage on William Whitford's farm. In July 1849 he sold nine acres north of the mill to his neighbor John C. Hobbs.
On June 23, 1836 he married Lucretia Hill, a daughter of Job Hill. They had no children. Sewall Stearns died of typhus fever on October 31, 1849, aged 53, and is buried in the Old South Cemetery. He left no will, and his brother Obed Stearns of Bedford was appointed administrator; the inventory valued "The Homestead Farm ... containing about ninety six acres, with the buildings on the same" at $4,900, with a large stock of hay, grain, potatoes, apples, cider and cranberries. In April 1850 his widow and his heirs, his brothers Obed, Eckley and the Rev. Timothy Stearns and his sister Sarah A. Lawrence, sold the river farm to Moses P. Greenwood for $3,500. Lucretia built a house of her own near the Centre in 1851, the Sewall & Lucretia Stearns House, and later married Dr. Josiah Bowers.
References
- Hazen, History of Billerica (1883), Genealogical Register p. 142, STEARNS 12 (Sewall, son of Timothy Stearns)
- Hazen, History of Billerica (1883), p. 307, list of selectmen (Sewall Stearns, 1833-40, 1843-44)
Title References
| Date | Type | Grantor | Grantee | Summary | Property | Recorded |
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| 1816 | Will | Timothy Stearns of Billerica, gentleman | Sewall Stearns and Obed Stearns, his sons (residue, including the homestead); Sarah Stearns, widow (use of one third) | Details | Captain John Stearns House | Probate #21346 |
Will dated Jan. 29, 1816, accepted by the widow Aug. 28, 1816. Timothy Stearns gives his wife "the use of one third part of my homestead, or the farm whereon I now live, including my woodlot in the Town of Carlisle," for her life, the Ashburnham pasture to his sons Eckley and Timothy, $250 to his daughter Sarah Abbot Stearns, and "all the rest, residue and remainder of my estate both real and personal" to his sons Sewall and Obed, the widows third to descend to them after her death. Executors Elijah Stearns of Bedford and Sewall Stearns. Papers read, pages 2-5.
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| November 25, 1818 | Quitclaim | Sarah Stearns, widow, and Sewall Stearns of Billerica, and Simeon Stearns of Bedford (Sally Stearns releasing dower) | Abner Stearns of Billerica, gentleman | Details | Abner Stearns House | 228/115 (South) |
Dated Jan. 12, 1818 (town book 11, pages 488-489). For $600, quitclaim of the "five acres and ten poles" on the brook dividing Billerica from Bedford, bounded east, north and west on land "lately belonging to Isaac Stearns Esqr deceased", reserving the two-pole road, "meaning hereby to convey to said Abner the same land with the buildings thereon in the same manner as he the said Abner conveyed said premises to Timothy Stearns and the said Simeon by his deed dated February 24th 1807." Abner had sold the house when he moved to West Cambridge; this deed returned it to him from Timothy Stearns's widow and son and from Simeon Stearns.
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| April 24, 1824 | Quitclaim | Obed Stearns of Billerica, yeoman | Sewall Stearns of Billerica, his brother | Details | Captain John Stearns House | 253/467 (South) |
Dated and acknowledged Apr. 2, 1824, recorded Apr. 24, 1824. For $1,650, all Obeds right in "one hundred acres of land more or less lying partly in Bedford and partly in Billerica aforesaid with the buildings thereon, bounded westerly on Concord river northerly by land of John Stearns easterly by land of Zebadiah Rogers a crooked line and southerly by lands of Simeon Stearns James Vila and Abner Stearns a crooked line," with sixty acres of pasture in Ashburnham and woodlots in Carlisle, "meaning hereby to convey to said Sewall all the real estate which I now own in said Billerica, Bedford, Ashburnham and Carlisle." Witnesses Elijah Stearns and Jonas Munroe Jr. Recorded in the Carlisle series, town book 8, pages 590-592.
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| March 20, 1829 | Mortgage | Asa Hill of Billerica, yeoman | Sewall Stearns of Billerica, yeoman | Details | Asa Hill House | 288/160 (South) |
Billerica town book 14, pages 166-167. For $400 on demand, "three undivided fourth parts" of the Alpheus Hill homestead across the road from the brick house: beginning "by the road leading to Stephen Nickles", westerly by the road "to the house set off to the widow Martha Hill as thirds" and on "to the middle of the back side of the barn on said land", south to Amos Carlton and east to "the road leading from Billerica to Carlisle", "with the buildings thereon", plus 14 acres by Carlton and Major Jonas Parker. Signed 20 February 1829, recorded 20 March 1829. Shows Asa buying out his co-heirs in his father's farm while living in the new brick house opposite.
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| March 30, 1846 | Assignment of Mortgage | Jonathan Hill of North Berwick, York County, Maine, yeoman | Sewall Stearns, yeoman, and Sarah A. Stearns, singlewoman, both of Billerica | Details | Jonathan Hill House | 478/355 (South) |
For $1,000, Jonathan Hill, "named in the within transfer," assigns to Sewall and Sarah A. Stearns all his right in the premises of the Whitford mortgage, with power to collect the note, take possession and discharge the mortgage. Signed July 26, 1834 before Reuben Bacon and David Hill; recorded March 30, 1846. Billerica town book 18, pages 537-538.
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| 1835 | Will | Sampson Spalding of Billerica, yeoman | His widow Susannah Spalding (residue); children Hannah, Benjamin A., Martha R., Sarah J. and Andrew J. Spalding | Details | Samuel Stearns House 397 Concord Rd |
Probate #21001 |
Will dated Feb. 9, 1835, witnessed by Simeon Stearns, Joel Fitch and Sewall Stearns: five dollars each to his eldest daughter Hannah and to Benjamin A., Martha R., Sarah J. and Andrew J. Spalding, the last at 21, and "all the rest, residue and remainder of my estate, both real and personal ... to my beloved wife Susannah Spalding, to have and to hold the same, to her, her heirs and assigns forever," she to be sole executrix. Proved at Concord April 14, 1835. Susannah died before 1849, when the children released the farm to the mortgagee.
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| 1841 | Mortgage | Isaac Brown of Billerica, yeoman | Sewall Stearns of Billerica, yeoman | Details | Isaac Brown House | 402/422 (South) |
Billerica town book 17, pages 105-106. For $400, "my homestead farm where I now live situate in said Billerica on the west side of Concord River consisting of about fifty acres of land with the buildings thereon it being all and the same lands & buildings of which my late father Thomas Brown died seized and possessed", with the four-acre Winning lot (bounded SW "by my said homestead farm") and the three-acre lot, "being the same described in a deed from said Isaac to John and Henry Baldwin dated October 17th 1831". Judgment for possession was recovered on it in 1850.
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| November 15, 1844 | Mortgage | James Cole of Billerica | Sewall Stearns of Billerica, Esquire | Details | James Cole House 255 Old Concord Rd |
452/170 (South) |
Billerica town book 17, pages 539-541. Dated Nov. 13, 1844. For $200 in three years, "a certain tract or parcel of land, situate in said Billerica with a new dwelling house thereon, containing one quarter of an acre, more or less", beginning at the northeast corner at the road from Billerica to Concord and land of James Marshall, west by Marshall 76 feet "to the easterly end of a pair of Bars", south 64 feet, east 57 feet to "the said Concord Road" and north by the road 64 feet: the 1843 lot. The earliest record of the house, "new" in 1844. Discharged June 19, 1850 by Obed Stearns, administrator of Sewall Stearns. Witness Marshall Preston.
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| March 30, 1846 | Discharge of Mortgage | Sewall Stearns of Billerica, and Aaron Lawrence and Sarah A. S. Lawrence (formerly Sarah A. Stearns) | William Whitford of Billerica | Details | Jonathan Hill House | 478/356 (South) |
The assignees acknowledge "full satisfaction of the amount secured to us" and "release and discharge the within mortgage in full," clearing Whitford's title to the farm twenty years after his purchase. Dated Jan. 22, 1846 (the Lawrences acknowledged in Hillsborough County, N.H.); Sewall Stearns acknowledged March 4, 1846; recorded March 30, 1846. Billerica town book 18, pages 538-539, with the note "See Book 265 Page 442".
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| January 12, 1848 | Mortgage | George G. Davis of Billerica, yeoman | Sewall Stearns of Billerica, Esquire | Details | Barker House | 523/478 (South) |
For $600, mortgage of one undivided half of "one acre of land with the buildings thereon situated near the Billerica corner so called being the same which was conveyed by Moses Griffin to Timothy Davis Jr. by deed bearing date May 7th 1818 ... Book 224 Page 519", with 10 acres 6 rods bought of Thaddeus Brown in 1833 (Book 324, Page 7) and 6 acres bought of Hannah Patten in 1824 (Book 255, Page 25); void on payment of $600 in one year. Signed Jan. 4, 1848, recorded Jan. 12, 1848. Billerica town book 18, pages 418-419. Discharged June 9, 1849 by Stearns on receiving the money "of Ebenezer Cowdrey", who had assumed it in his 1848 purchase. This ties the Davis homestead sold to Cowdrey to the Corner acre.
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| February 15, 1848 | Deed | Elijah B. Hill of Billerica, yeoman; Lucy Hill, his wife, relinquishing dower | Artemas Hill of Billerica, yeoman | Details | 524/350 (South) | |
Billerica town book 18, pages 412-413. Signed February 10, 1848 before Sewall Stearns, Lucretia Stearns and Emery E. Hill; recorded February 15, 1848. For $500, "a certain wood lot situate in said Billerica on the southerly side of Nattings Pond so called containing twenty acres more or less bounded westerly and southerly by the Bowers lot so called northerly by said pond and easterly by land of Jeremiah Crosby." Warranty covenants.
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| 1849 | Administration | Estate of Sewall Stearns, Esq., of Billerica, intestate | Obed Stearns of Bedford, administrator; the widow Lucretia and the heirs | Details | Captain John Stearns House Abner Stearns House |
Probate #42248 |
Sewall Stearns died intestate in 1849; at the request of his widow Lucretia, his brother Obed Stearns was appointed administrator Nov. 20, 1849. The inventory of Nov. 23, 1849 values "The Homestead Farm of said deceased situate in said Billerica and Carlisle containing about ninety six acres, with the buildings on the same" at $4,900, with woodlots, a sixty acre Ashburnham pasture and pews, and a large personal estate including hay, grain, potatoes, apples, cider, vinegar and cranberries. Papers read, pages 2-5 and 8-11.
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| July 27, 1849 | Deed | Sewall Stearns of Billerica, yeoman (wife Lucretia releasing dower) | John C. Hobbs of Billerica | Details | Abner Stearns House | 565/448 (South) |
Dated July 3, 1849 (town book 20, pages 312-314). For $238.25, land north of the Hobbs homestead, beginning at its southeast corner "upon a road and land of said Hobbs", southwest by Hobbs "to a stake at the end of a wall near the north west corner of said Hobbs barn", by a ditch 37 rods to Concord River, north 43 rods along the river, then by Sewall Stearns's land and the wall back to the road: "nine acres and eighty five rods" per "the plan annexed". The plan copied on page 314 (surveyed June 1849 by J. W. Simonds) shows the road and Hobbs's house and barn. This brought the homestead to about 26 acres.
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| April 27, 1850 | Quitclaim | Lucretia Stearns, widow; Obed Stearns; Eckley Stearns; Aaron and Sarah A. Lawrence; Timothy Stearns; heirs of Sewall Stearns | Moses P. Greenwood | Details | Captain John Stearns House 96 Dudley Rd |
579/466 (South) |
Dated Apr. 15, 1850, acknowledged Apr. 22-24 and recorded Apr. 27, 1850. Lucretia Stearns of Billerica, widow, Obed Stearns of Bedford, gentleman, Eckley Stearns of Abington, yeoman, Aaron Lawrence, trader, and Sarah A. Lawrence his wife of Amherst, New Hampshire, and Timothy Stearns of Pickaway County, Ohio, clerk, "heirs at law of the estate of Sewall Stearns Esquire late of said Billerica deceased," for $3,500 quitclaimed to Moses P. Greenwood of Billerica, yeoman, "a certain tract or parcel of land situated in the southwest part of said Billerica and with the buildings thereon containing about eighty acres," beginning at the north-east corner by Jonathan Hill, west by Franklin Stearns to the Concord River, south by the river to John C. Hobbs, east and south by Hobbs to Thomas G. Atkins, east by Atkins and William H. Ropes to Franklin Stearns, and north by Stearns and Hutchinson Rogers, with eight and four acre lots in Carlisle. The wives of Obed, Eckley and Timothy released dower. Billerica town book 21, pages 41-43.
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| June 21, 1851 | Warranty Deed | William P. P. Pollard of Boston | Lucretia Stearns of Billerica, widow (of Sewall Stearns) | Details | Sewall & Lucretia Stearns House 46 Concord Rd |
608/603 (South) |
Billerica town book 19, pages 92-93. Dated April 5, 1851. For one hundred dollars, "a certain tract of land situated near the centre of said Billerica on the road leading from Billerica to Bedford", beginning at the southwest corner on the road at land of Harriet Whiting, running east on the Whiting land 136 feet, north "on my own land" 71 feet, west on "my own land" 136 feet and south on the road 82 feet to the start. A bare house lot with no buildings named, bought by the widow of Sewall Stearns two years after his death; the house was built on it that year.
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| March 29, 1852 | Release | Obed Stearns of Bedford, administrator of Sewall Stearns | Isaac Brown of Billerica, yeoman | Details | Isaac Brown House | 626/285 (South) |
Billerica town book 19, pages 217-218. For $493.27, releases the farm in the Preston mortgage (Book 503 Page 384) assigned to Sewall Stearns and in the mortgage Book 402 Page 422, "upon which last mortgage judgment for possession was recovered by said administrator at March term of the Court of Common Pleas" 1850, and discharges both mortgages and the judgment "(and possession taken on both of them)". Dated March 29, 1852.
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Recorded is Book/Page at the Middlesex North Registry of Deeds unless noted; Probate # is a Middlesex probate case, Ctf a Land Court certificate of title.