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Home: Surnames: Trefethen Family Genealogy Forum

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Sarah Trefethen/Miles Staples
Posted by: Norma Karram Date: April 03, 1999 at 11:57:49
In Reply to: Re: "unknown" Trefethens marr. and indivuals by Wally Parsons of 123

We are still working on THEORY and I haven't checked all my e-mail archives but here's one of Greg's theories. Tracts referred to are in NewCastle NH

"WHAT I FEEL I KNOW ABOUT TRACT 1:

1. I have reversed my original thinking on the fact that #23 Henry4
Trefethen, son of Henry3 and Sarah (----) Trefethen and grandson of Foster2
and Martha (Paine) Trefethen, did not have any siblings. Originally I had
made this conclusion because only Henry conveyed the land to Joseph4 Amazeen
and Christopher4 Amazeen in 1760. Nobody else, aside from his wife Phebe,
signed this deed. The more I look at the type of deed that was done,
however, the more I become convinced that Glenn is absolutely correct in
noting that he probably did have siblings. The most likely is Sarah4
Trefethen who married Miles Staples in Kittery in 1753. Abigail4 Trefethen
who married Enoch Remick in Kittery in 1753 is another possibility, and
there may be others as well.
The reason I have reversed myself, in addition to Glenn's evidence,
is that the deed from Henry4 to the Amazeens is the type of deed which
translates as a "warranty deed", where the seller basically includes a
guarantee that he has the power to sell this land. I guess you might call
it the oldest form of title insurance, so that the buyer feels secure. He's
able to go back against the seller if other claimants show up later. This
type of deed seems to be common in cases where the last exchange of title
took place under inheritance, rather than via an actual deed.
In the 1760 conveyance, then, Henry4 appears to give the Amazeens a
warranty deed. One wonders why Henry4 would do this, unless it was because
there were other heirs of his father, Henry3, still alive, against whose
claims Henry4 had to guarantee title to the Amazeens.
Thus, if anything, the warranty deed would suggest that Henry4
DEFINITELY had siblings around."

Will keep you posted if we make any break throughs


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