Photos by Shirlee Eddy
The family legend: "He came to America with Burgoyne's Army, and surrendered with them in 1777. He was an officer [This researcher questions this. I believe previous researchers have "blended" JAMES TYRER the 1st with his son, Captain James Tyrer who earned his title in New York in the War of 1812]. "When this army surrendered, all these officers and men must be cared for, so they cared for them in homes of the American people. We think perhaps, JAMES being an officer, was living in the home of Asa."
This does not seem likely in the light of the records that have been uncovered, most especially from the 1779 purchase of land in Wendell, and the description of the Convention Army's marches and internments… New Salem was never a receiving point for the prisoners.
JAMES TYRER purchased his first piece of land containing about 31 acres [before he was married] for two hundred pounds, in an area that was called the north part of Shutesbury, but later became a portion of Wendell, on October 21st, 1779. This is a good indication that he was by this time, gone from any prison camp.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 31-32:
"To all people to whom these presents shall come, I Manassah Powers of Shutesbury, in the County of Hampshire [which later divided off to Franklin Co] and state of Massachusetts Bay in New England, Yeoman, send greeting."
"Know ye that I, the said Manassah Powers, in consideration of the just sum of two hundred pounds to me in hand paid, before the delivery hereof by JAMES TYRER of the town, county and state aforesaid, Yeoman, the receipt whereof I do hereby acknowledge, have given, granted and sold and do by these presents give, grant, bargain, sell and convey unto him, the said JAMES TYRER, his heirs and assigns forever:"
"A certain piece of land lying in the north part of Shutesbury, bounded as follows, (viz.) Beginning at the southwest corner of Lot. No. 29 in the gentleman's plan taken by Captain Nathaniel Dwight in 1755, reference thereto being had, and runs west on the line of No. 95 one hundred and five rods to the center of a large brook known by the name of Swift River, West Branch, then southwardly in center of said brook forty-nine rods to the north line of David Hammond's land, then last on said Hammond's 105 rods to Lot No. 29, then north on the line of said Lot No. 29 forty-nine rods to said bounds on Lot No. 25, west on Benj. Miles land south and ___ Hammond's land, last on Lot 2?, first mentioned corner and containsabout thirty-one acres (one acre for a highway included) be the same more or less." [The writing became very cramped and tiny, difficult to read.]
"To hold the said granted and bargained premises together with all appurtenances to him, the said JAMES TYRER, his heirs and assigns forever… In witness whereof, I the said Manassah Powers have hereunto set my hand and seal, this twenty-first day of October, 1779, and in the fourth year of American Independence. Manassah Powers."
From: "Vital Records of New Salem, Massachusetts to the End of the Year 1849, pg. 77:
"Goodal, Ruth, and James Fipp[e]n, Feb. 1780."
From: "First Parish Church Records of New Salem," copied by Inez [Stevens] Lederer:
"James Fippor and Ruth Godal married Feb. 1780."
www.yeoldewoburn.net/1st%20Parish%20Church.pdf
Marriage Records of New Salem, MA mystery/ confusion RESOLVED!
I am posting this message to be shown with a handwritten document to clear up the confusion I caused, at least in part.
Thanks to the perseverance of my cousin/ friend/ fellow Tyrer and Goodale researcher, Shirlee Eddy, we now have in our possession copies of the original handwritten page with Ruth Goodale's and James Tyrer's marriage record. They were kindly shared with Shirlee by James Tyrer of Grainville, MO.
Several years ago, when I first visited the Swift River Valley Historical Society, when we asked if we could see the original register with the marriage records, the folks there were not able to tell us or were not able to remember what had happened to it. We were never aware that a microfiche collection had been made of the register.
There are 2 documents, but the space available here does not allow me to post document 1. It explains:
"These oldest of the church records were laminated January 1968 by Mrs. Elizabeth K. Dunne. Mrs. Dunne also has had 3 microfiches of these made up and deposited:
1. New England Hist. & Gen. Soc, Boston
2. Essex Institute, Salem
3. American Antiquities Soc, Worcester.
A xerox copy is in the hands of Dr. K. Wetherbee."
The second document I have posted here is a poor photocopy [poor because it has been copied and shared, copied and shared, copied and shared umpteen times!] of the original handwritten page [only the one page of the register, with 'James and Ruth']. The 'James and Ruth' entry has been highlighted in yellow to make it stand out from the rest.
Now, everyone should begin to see the first source of the confusion, which was NOT caused by me.
The persons who transcribed the record in the first place, as 'Fippen' and/ or Fippor were unfamiliar with the family name because no descendants bearing this name remained in Franklin County, and by which the transcriber would have become familiar with the family spelling. The county clerk wrote the name down phonetically, as best he could, suggesting that James Tyrer could not spell it for him. It appears the clerk wrote it as James 'Tirror,' but the transcribers saw 'the 'T' as an 'F,' the double 'r's as double 'p's, and the last 'r' as an 'n.' Confusion cleared up.
Now for my 'mea culpa' part in all of this. Not having access to the original handwriting [only the published Marriage Records "Vital Records of New Salem, Massachusetts to the End of the Year 1849, pg. 77,
and having read the pamphlet "After Saratoga: The Story of the Convention Army," by William Dabney, 1954, I was trying to reason out WHY James would give a false name, as many other British soldiers had done when they deserted the British Army.
Well, now we know. He did NOT give a false name. The confusion was caused by a poor transcription, and I added insult to injury. Mystery removed, case closed, with my apologies for muddying the waters!
From:"Vital Records of Wendell, MA Book:"
Page 34: "Mary Tyrah, daughter of JAMES and RUTH TYRER born January ye 9th, 1781."
In 1782, JAMES TYRER then bought Lot No. 30 containing about 10 acres in Wendell Center, for six pounds.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 29-30:
"To all people to whom these presents shall come: I, Manassah Powers of Wendell in the County of Hampshire and Commonwealth of Massachusetts send greeting."
"Know ye that I, the said Manassah Powers in consideration of the just sum of six pounds to me in hand paid before the delivery hereof by JAMES TYRER of the town, county and commonwealth aforesaid, the receipt whereof I do hereby acknowledge, have… sold and do by these presents… sell and convey unto him the said JAMES TYRER, a certain piece or parcel of land lying in said Wendell and contains about ten acres more or less and is bounded as follows: beginning at the northwest corner of Lot No. 30 and runs southwardly sixty rods to a stake and stones, then eastwardly twenty-six rods and 2/3rd rod to a hemlock, then northwardly sixty rods to a beech tree, then westwardly to the first mentioned corner,rods to a beech tree, then westwardly to the first mentioned corner, and is part of said lot No. 30… To have and to hold the said granted and bargained premises together with all their appurtenances to him, the said JAMES TYRER, his heirs and assigns forever."
"In witness whereof I, the said Manassah Powers have hereunto set my hand and seal this 6th day of May, 1782 and in the 6th year of American Independence. Manassah Powers, Windham, County of Guilford, then the above named Manassah Powers personally appeared and owned this instrument to be his free act and deed."
The ledger books of the town meetings of the town of Wendell, MA still exist and have been microfilmed, SLC # 0886752. From them the following facts have been extracted:
On March 6, 1786, JAMES TYRER was among a number of men who asked the Town Officers to abate his rates in Joseph Johnson's rate bill, sum total, 2 pounds, 17 shillings, and 3 pence. Standing alone, this may appear that JAMES TYRER was the only one suffering from over-taxation, but the year 1786 is significant because it is the year [and Hampshire County was the location] of Shays' Rebellion, which largely concerned the overbearing burden of high taxes, with hard-working people being thrown into debtor's prisons.
From:"Vital Records of Wendell Book," page 34:
"Asa Tyrer born March ye 12th, 1788."
"Louthar Tyrer born September ye 22nd, 1789."
"Ruth Tyrer born April ye 7th, 1791."
In April of 1791, JAMES TYRER sold the first 31 acres of land that he had purchased in the northern part of Shutesbury [which had become a part of Wendell] and part of his homelot for a loss. He had purchased them for a combined total of 206 pounds, and now, had to sell them for 61 pounds, ten shillings.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 32-33:
"Know all men by these presents, that I, JAMES TYRER of Wendell in the County of Hampshire, Commonwealth of Massachusetts, Yeoman-in Consideration of sixty-one pounds, ten shillings lawful money paid by Silas Gates of Stow in ye County of Middlesex and Commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto the said Silas Gates a certain piece of land lying in Wendell and bounded as follows. (viz.) beginning at the Northwest corner of Lot No. 29 in the Gentleman's plan so-called, reference thereto being had, and runs west on the line of Lot No. 25 one hundred and five rods to the center of a large brook known by the name of Swift River West Branch, then southerly in center of said brook forty-nine rods to the north line of David Hammond's land, then last on said Hammond's land one hundred and five rods to Lot No. 29, then north on the line of said Lot No. 29 forty-nine rods to the first mentioned corner and contains about thirty-one acres (one acre for a highway included) be the same more or less."
"Also one other piece lying in said Wendell containing about ten acres more or less and is bounded as follows (viz.) Beginning at the Northwest corner of Lot No. 30 and runs southwardly sixty rods to a stake and stones, then eastwardly twenty-six rods and 2/3rd of a rod to a hemlock, then northwardly sixty rods to a Beech tree, then westwardly to the first mentioned corner and is part of said Lot No. 30."
"To have and to hold the same to the said Silas Gates, his heirs and assigns. That I am lawfully seized in fee of the premises; that they are free of all encumbrances; that I have good right to sell and convey the same to the said Silas Gates, and that I will warrant and defend the same to the said Silas Gates, his heirs and assigns forever against the lawful claims and demands of all persons. In witness whereof, I have hereunto set my hand and seal, this thirteenth day of April, 1791. JAMES TYRER and seal
RUTH TYRER Signed, sealed and delivered in the presence of us, Joshua Green, Nathan Wilder."
However, in July of the same year, 1791, JAMES TYRER purchased a larger tract of land in Wendell, seventy-two acres for 43 pounds, 16 shillings, and then resold the same piece of land in May 1792, for 30 pounds, again at a loss [unless at that time, the pound was gaining value].
From: Franklin County Courthouse, MA, Grantee Book," Volume 4 [2nd half of Volume 4], page 511-512:
"Know all men by these presents, that I, Abijah Thompson of Woburn in the County of Middlesex and Commonwealth of Massachusetts, gentleman, in consideration of 46 pounds, 16 shillings lawful money paid me, in hand before the delivery hereof by JAMES TYRER of Wendell in the County of Hampshire and commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge;
"Do hereby give, grant, sell and convey unto the said JAMES TYRER and to his heirs and assigns forever, one certain lot of land containing seventy-three acres lying in Wendell aforesaid, being part of Lot No. 56, bounded northwardly on Jonathan Crosby, westward on or into the land called Wicket Pond, and another part upon Osgood & Wilder or however other ways said lot is bounded or reputed to be bounded, with all the privileges and appurtenances to the same, belonging or in any wise appertaining, excepting Ethan Wetherbee's right of redemption which is to expire on or before the month of November next."
"To have and to hold the same to the said JAMES TYRER, his heirs and assigns, to his and their use and behoof? forever….etc., July 21, 1791.
In 1791, the records of the Wendell town meetings, page 99, show that:
"We the subscribers whose names are underwritten do class ourselves to the East part of the Town which is called the East Class or District. We have also agreed to build a School House and Said House is to be set over the Brook east of David Whitaker's by the Barrs leading to the North." Among others, JAMES 'TYRAH' and Asa Goodale signed it.
It is evident that JAMES TYRER was struggling financially. In 1792, he resold the land he had just purchased, to Jonathan Houghton, but it was not a complete sale, it was a mortgage. Did he mortgage his farm, but keep it in his own use, with the intention only of raising some capital? He received 30 pounds which was more than half the price he paid for it.
From:"Franklin County Courthouse, MA, Grantee Book," Volume 4 [2nd half of Volume 4], page 512-513:
"Know all men by these presents, that I, JAMES TYRER of Wendell in the County of Hampshire and Commonwealth of Massachusetts, Yeoman, in consideration of 30 pounds lawful money paid me, in hand before the delivery hereof by Jonathan Houghton of Montague in the County of Hampshire and commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge;
"Do hereby give, grant, sell and convey unto the said Jonathan Houghton, a certain lot of land containing seventy-three acres lying in Wendell aforesaid, being part of Lot No. 56, bounded northwardly on Jonathan Crosby, westward on or into the land called Wicket Pond, and on other parts upon Osgood & Wilder or however other ways said lot is bounded or reputed to be bounded, with all the privileges and appurtenances to the same, belonging or in any wise appertaining."
"To have and to hold the same to the said Jonathan, his heirs and assigns, to his and their use and behoof? forever….etc. In witness whereof I, the said JAMES TYRER have hereunto set my hand this first day of May in the year 1792. JAMES TYRER and seal."
In 1792 (page 118, Wendell town meetings, records of), on December 24th, the town voted to run a road from Josiah Wilder's to JAMES 'TYRAH', and then to Francis Walkup's, upon a straight line.
From:"Vital Records of Wendell Book," page 34:
"William Tirer born January ye 2nd, 1793."
In 1793, a shocking accident was recorded. The following account comes from the "Records of the First Congregational Church of Wendell:"
"1793, July 23. Buried JAMES TYRER, age 39, accidentally killed by a wound under his left arm, near his body, by a scythe he was carrying home Saturday evening after dark. His body lay undiscovered til Monday morning. He left a widow and eight children, five too young to be sensible to their fatherless condition."
From: "Death Records of Wendell, MA," kept at the post office to this day, Sept. 2009.
"July. 22d, 1793, James Tyrah, by a wound. Found deceased."
From: "The Greenfield [MA] Gazette," Thursday, Aug. 15, 1793:
"From Wendell. The body of James Tyrer was found dead in the road on the morning of the 22d ult. A coroner's inquest being taken, it appeared that Mr. Tyrer left his work on the preceding evening and, returning home with a scythe, received a wound in his right arm near his body, which proved the means of his immediate death. This unhappy occurrence ought to serve as a warning to all, to be cautious how they travel with a naked scythe, especially at night."
There is a record in the town ledgers that indicate that an inquest was held on the body of JAMES TYRER [from Court of Sessions Records, Hampshire Co., 1794, Book 19, pg. 106], "JAMES TYNER." This researcher now has a microfilm photocopy [from the law library in the basement of the Hampshire County Courthouse in Northampton] of this page in possession.
The above inquest was filed with the Court of Sessions, but if any of the findings had proven to be of a criminal nature, they are not filed in the same court. Bear in mind, that the article in the Greenfield Gazette was dated August 15, 1793, three weeks following the finding of JAMES TYRER's body, and it presented the death as an accident, so the ultimate finding of the jury must have been that that the death was accidental. However, if they had been provided with any statements from persons interviewed, that they were aware of an argument or any altercations between JAMES TYRER and any other person, such evidence would have been filed with the Court of Common Pleas, according to a brief chat with a deputy district attorney in Franklin County. [We neglected to get her name.] She gave us a sheet of paper listing where the old archival records were sent, dated 11/26/1990. The Supreme Judicial Court Archives were shipped to Columbia Point, in Boston, MA [near the John F. Kennedy Presidential Library], phone number (617)-725-8044. Another phone number given for the archives was (617)-727-2816.
The following records show that on the 21st day of April, 1794, Judge Joshua Green of Wendell had been appointed guardian of the TYRER children, and a bond given for 'the faithful execution of the estate' which proved to be involved.
From: "Registry of Probate Books, County of Franklin, Greenfield, MA," Vol. XVIII, 1792-1794:
"Know all men by these presents that we, Joshua Green, Esq., Richard Moore and Daniel Porter, all of Wendell. in the County of Hampshire, and obliged unto the Hon. Eleazar Porter, Esq in the full sum of two hundred pounds in lawful money… 21st day of April, 1794."
"The condition of this obligation is such, that if the above bounden Joshua Green, nominated and allowed to be guardian unto Mary Tyrer, minor, aged 13 years, John Tyrer aged 12 years, James Tyrer aged 9 years, Rhoda Tyrer, aged 7 years, Asa Tyrer, aged 6 years, LUTHER TYRER, aged 4 years, Ruth Tyrer, aged 3 years, and William Tyrer, aged 1 year, children and heirs of James Tyrer, late of Wendell…" Signed Jonathan Russell, Elihu Evers, Joshua Green, Richard Moore, Daniel Porter.
RUTH TYRER was granted her dower share of the real estate, which were fourteen and a half acres.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"In obedience to the annexed warrant, we the subscribers have set off to the widow RUTH TYRER, as her dower of the real estate whereof her husband died seized, fourteen acres and one half, bounded as follows, viz., beginning at the southwest corner of the land whereof the deceased died seized, and running north 14 degrees, east fifty-nine rods and one half, to a stake and stones, then east 14 degrees, south thirty-nine rods to a stake and stones, then south 14 degrees, west fifty-nine rods and one half to a stake and stones, then west 14 degrees, north thirty-nine rods to the first mentioned corner. And hereto set our hands at Wendell this sixth day of June, 1794. Daniel Porter, Nathan Brewer, Francis Walkup.
The Tyrer farm was sold the next November.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"In obedience to the annexed warrant, we have appraised the estate of JAMES TYRER late of Wendell deceased, as follows:
Seventy-two acres of land at 18/- 64 pounds 16 shillings.
1 pine table, 3/, 1 pine case of drawers 10/ 0.13.0
3 chairs 1/, 1 spinning wheel 6/ 0.7.0
6 pewter plates 4/, pewter bason 4/, 1 tin dipper, 8d 0.5.6
1 Iron skillet 1/6, 1 small dish kettle 1/6 0.3.0
1 broken kettle 6/, 1 ax 6/, 2 old axes 4/ 1.2.0
1 shave 1/6, 1 Frow 2/, 2 augurs 2/4, 1 pair compasses 1/ 0.6.10
1 loom and tackling 18/, 1 hammer 1/6, 1 pr. Pincers 1/6 1.1.0
1 grindstone 8/, 1 fire shovel 1/6, 1 pail 1/ 0.10.6
1 sledge 7/6, 1 pickax 5/, some drilling tools 6/6 0.19.0
a scythe & tackling 4/, 1 hog 20/ 1.4.0
72.3.10
And hereto set our hands this sixteenth day of October, 1793.
We also appraise a piece of grain upon the ground at 2 pounds, 2 shillings.
Brot down 72.3.10
Making the whole 74.5.10
Samuel Osgood, Joseph Stevens, Frances Walkup
RUTH was permitted to keep the following articles: the table, the case of drawers (which remains in the family to this day, with descendants of Asa and LUTHER TYRER, in Mineral Point, WI), 3 chairs, the spinning wheel, the pewter plates and basin, the tin dipper, skillet, kettles, the ax, the loom and tackling, the hammer, the fire shovel, the pail, and the hog and all of the grain.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
A List of the Claims brought in against the estate of JAMES TYRAH, late of Wendell, deceased, which were allowed by us the subscribers after examination:
Jonathan Houghton, mortgage L16 (or 6).14.10
Interest on mortgage 2.0.2
Isaac Townsend 6.15.0
Mr. David Whitaker, taxes 1.2.5
Lemuel Leach 0.5.6
Caleb Thayer 0.2.8
Richard Spear 0.3.0
Nathaniel Wilder 0.6.7
William Giles 0.1.8
Dean Nathan Brewer 0.3.0
Joshua Green, Esq. 0.6.5
Asa Goodale 0.11.6
Peter Leach, making coffin 0.6.0
Samuel Osgood, Junior, digging grave 0.3.0
Jonathan Crosbee 0.7.0
Ira Scott 0.2.0
Samuel Osgood 0.11.0
Daniel Porter 0.5.0
William Hubbard 0.6.2
Benj. Stiles 0.9.0
Nathaniel Johnson, Jun-taxes 0.12.9
Ditto for writ and execution 0.3.5
Doctor Asa Merriam 1.2.2
Samuel Kendell, Notes 2.5.5
Solomon Gibbs 4.3.10
Jonathan Houghton, ___, 0.4.8
David Whitaker, cost writ 0.2.0
Simeon Houghton 2.14.0
Daniel Ballard 0.9.8
Major Nathan Peck 1.16.0
Total 44.15.0
Signed Daniel Porter, Samuel Osgood, commissioners Wendell, June 6th, 1794
From: "Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
The estate of JAMES TYRER, deceased, to Joshua Green, Administrator
August 22, 1793-To cash paid at the office for letter of admin.L0.9.0
To my time in going there 0.12.0
August 23 To advertising as administrator 0.9.0
October 16th To administering oath to appraisers 0.1.0
To my time in attending them 0.4.0
Nov. 28 To cash paid at the office for commission insolvency, etc 0.9.2
To my time in going there 0.12.0
To the appraisers service 0.9.0
January, 1794 To cash paid advertising commissioners 0.4.6
March 31st To administer oath the commissioners 0.1.0
April 21st To cash paid at the office for warrant and letter guardian 0.11.0
To my time in going there 0.12.0
June 6th To administer oath to dividers of widow's dower 0.1.0
To cash paid the surveyor for ditto 0.3.0
To my time in attending them 0.3.0
To ditto ditto & expense for commissioners 0.15.0
To the commissioners service 0.12.0
To the dividers service 0.9.0
July 31st To journey to bring in commissioners report, admin's acct 0.12.0
To cash paid at the office 0.6.8
7.15.4
Errors excepted, Joshua Green-administrator
Ebenezer Allen, Jr
E. Porter, Judge of Probate
From: "Hampshire Gazette," issue of Sept. 24, 1794, pg. 4:
"To be sold at public vendue to the highest bidder on Monday, 3d of November next, at 1 o'clock PM, a tract or lot of land lying in the town of Wendell, estimated to contain 72 acres, of James Tyrer, late of Wendell aforesaid, yeoman, deceased. Sale to be on the premises, terms will be made known, at the time and place aforesaid. Joshua Green, administrator. Sept. 1794."
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"To all people to whom these presents shall come: greeting. Know ye that Joshua Green, administrator of all and singular the goods, chattels, rights and credits of JAMES TYRER, late of Wendell in the County of Hampshire and Commonwealth of Massachusetts, Yeoman, deceased; having obtained license of the Honorable Justice of the Court of Common Pleas holden at Northampton on the first Tuesday of September 1794 to sell and convey the real estate of the said deceased subject to the encumbrance of the widow's right of dower therein for the payment of the said deceased's debts and having agreeably to directions of the said Court given due notice of said sale:
"Did on the third day of November 1794, pursuant to the license and notice aforesaid, sell at public vendue to Abner Allen of Wendell, aforesaid yeoman, he being the highest bidder, a tract or lot of land lying in the Town of Wendell aforesaid hereinafter described, being the real estate of the said deceased for the sum of sixty-two pounds, one shilling, which vended premises are described as followeth, viz.:
"Being part of Lot numbered Fifty-Six, lying in the northerly part of Wendell aforesaid near Wicket Pond, so-called, containing seventy-three acres more or less, bounded northerly on Jonathan Crosbee, westwardly on Josiah Wilder, southwardly on Samuel Osgood and eastwardly on Oliver Wendell or however otherwise said lot is bounded or reported to be bounded."
"Therefore, I, the said Joshua Green do by virtue of the power and authority with which I am as aforesaid vested, and in consideration of the aforesaid sum of sixty-two pounds one shilling to me paid by him, the said Abner Allen, the receipt whereof I do hereby acknowledge, have given, granted and sold, and by these presents do give, grant, sell and convey to him, the said Abner Allen, his heirs and assigns forever, the above described premises with all the privileges and appurtenances to the same belonging."
"To have and to hold the same in manner as aforesaid to him the said Abner, his heirs and assigns forever, and the said Joshua Green in my said capacity, do covenant to and with him, the said Abner, his heirs and assigns that the said JAMES TYRER deceased, died seized of the same. That I have good right and lawful authority to sell and convey the same in manner as aforesaid and that I will warrant, secure and defend the same granted to him, the said Abner, his heirs and assigns against the lawful claims of all persons by or under me forever hereafter."
"In witness whereof I hereunto set my hand and seal in my said capacity this third day of November in the year 1794. Joshua Green & seal.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"Know all men by these presents, that I, RUTH TYRER, widow and relict of JAMES TYRER, late of Wendell in the County of Hampshire and Commonwealth of Massachusetts, deceased, for and in consideration of the sum of fifteen pounds lawful money, to me the said RUTH TYRER by Abner Allen of Wendell aforesaid, well and truly paid, the receipt whereof I do hereby acknowledge, have revised, released and forever quit-claimed, and by these presents do revise, release and quit-claim unto the said Abner, all and all manner of dower and right and tithe of dower whatsoever which I, the said RUTH now have of, in or out of a certain lot of land numbered Fifty-Six and containing seventy-three acres more or less, lying in the Town of Wendell aforesaid, which was belonging to the said JAMES TYRER, my late husband during the coverture? between him and me, the said RUTH, and at the time of his decease, which lot of land the said Abner hath this day purchased as sold by the Administrator at public vendue. I also relinquish all manner of action or actions, writ and writs of dower or any right or tithe of dower of or in the said lot of land or of or in any part or parcel at any time hereafter shall or may have claim or prosecute against the said Abner, his heirs or assigns. In witness whereof, I have hereunto set my hand and seal, this third day of November, 1794.
RUTH TYRER and seal.
Signed, sealed and delivered in presence of us, Joshua Green and Edward Wendell."
From: "Franklin County Courthouse, MA, Grantee Book," Volume 5, page 551:
The following land was purchased on January 10th, 1793, before JAMES TYRER's death, and it is interesting to note that his father-in-law, JONATHAN GOODALE owned this land bordering on JAMES TYRER's land.
"To all people to whom these presents shall come: Greeting.
Know ye that I, Jonathan Wilder of Sterling in the County of Worchester in the Commonwealth of Massachusetts, gentleman, for and in consideration of the sum of twenty pounds to me in hand, before the ensealing hereof, well and truly paid by JONATHAN GOODALE of New Salem in the County of Hampshire contain 20 acres of the Lot No. 25, it being one half of forty acres which Mr. Israel Moor and I purchased together, it being the south part of said lot bounding as follows: northerly and easterly by Israel Moor's land, and southerly by JAMES TYRER's land and westerly by land of Benjamin Stiles or Ebenezer Lock's land to where it began."
"To have and to hold the said granted and bargained premises, with all the appurtenances, privileges and commodities to the same belonging, or in any wise appertaining to him the said JONATHAN GOODALE, his heirs and assigns forever; to his and their only proper use, benefit and behoof forever. And I, the said Jonathan, for myself, my heirs and executors and administrators, do covenant, promise and grant to and with him, the said JONATHAN GOODALE, his heirs and assigns, that before the ensealing hereof, I am the true, sole and lawful owner of the above bargained premises… etc." Jan. 10, 1793
Did JONATHAN GOODALE purchase this land as a gesture of caring towards his daughter and son-in-law, to ease the future of his farm holdings, or merely as a business investment, upon seeing something in the land that he liked? Why were Deborah Goodale Upton's sons the only ones to inherit his lands? Did he distribute other lands many years previous, when they married, and during the period of the Revolution when deeds were often not recorded?
Interview with Gerald Elsmere Fieldhouse by William G. Tyrer, at the Fieldhouse residence in Dodgeville, WI on 8 Aug. 1983:
"Yes, I have seen a copy of the records, the ones in the Congregational Church there in Wendell, MA. Wendell is a, well, I never could see why James had so little land there. [His land was on Wickett Pond.] I think it was only about 10 acres. [It was 73 acres.] You talk about his clearing the land. If he worked from then until now, he wouldn't have that land cleared. I have never seen anything like it. Rocks. It is the most forsaken place, boulders. Out there, when they build a village, they just go out to the edge of the forest, and it stops dead. In fact, the orchards are on top of the mountain. You go in with big bulldozers and push the rocks back. It is terrible. It's not farmed at all now. It's just woods. It's just woods. There's little villages and dense woods."
"They [the rest of the family] didn't stay in Wendell long. The whole family moved on to New York, in Broome County. [Only Asa's family moved to Broome County. Two other brothers and a sister moved to Erie County, two sisters married and stayed in Franklin County, and the whereabouts of the two remaining brothers is unknown at this time (2010)]. There's no records, no cemetery, or anything, in the period when James died. They hadn't started any cemetery. ['No cemetery' is correct, but we now know about the courthouse and church and newspaper accounts of his death.]"
The family legend: "He came to America with Burgoyne's Army, and surrendered with them in 1777. He was an officer [This researcher questions this. I believe previous researchers have "blended" JAMES TYRER the 1st with his son, Captain James Tyrer who earned his title in New York in the War of 1812]. "When this army surrendered, all these officers and men must be cared for, so they cared for them in homes of the American people. We think perhaps, JAMES being an officer, was living in the home of Asa."
This does not seem likely in the light of the records that have been uncovered, most especially from the 1779 purchase of land in Wendell, and the description of the Convention Army's marches and internments… New Salem was never a receiving point for the prisoners.
JAMES TYRER purchased his first piece of land containing about 31 acres [before he was married] for two hundred pounds, in an area that was called the north part of Shutesbury, but later became a portion of Wendell, on October 21st, 1779. This is a good indication that he was by this time, gone from any prison camp.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 31-32:
"To all people to whom these presents shall come, I Manassah Powers of Shutesbury, in the County of Hampshire [which later divided off to Franklin Co] and state of Massachusetts Bay in New England, Yeoman, send greeting."
"Know ye that I, the said Manassah Powers, in consideration of the just sum of two hundred pounds to me in hand paid, before the delivery hereof by JAMES TYRER of the town, county and state aforesaid, Yeoman, the receipt whereof I do hereby acknowledge, have given, granted and sold and do by these presents give, grant, bargain, sell and convey unto him, the said JAMES TYRER, his heirs and assigns forever:"
"A certain piece of land lying in the north part of Shutesbury, bounded as follows, (viz.) Beginning at the southwest corner of Lot. No. 29 in the gentleman's plan taken by Captain Nathaniel Dwight in 1755, reference thereto being had, and runs west on the line of No. 95 one hundred and five rods to the center of a large brook known by the name of Swift River, West Branch, then southwardly in center of said brook forty-nine rods to the north line of David Hammond's land, then last on said Hammond's 105 rods to Lot No. 29, then north on the line of said Lot No. 29 forty-nine rods to said bounds on Lot No. 25, west on Benj. Miles land south and ___ Hammond's land, last on Lot 2?, first mentioned corner and containsabout thirty-one acres (one acre for a highway included) be the same more or less." [The writing became very cramped and tiny, difficult to read.]
"To hold the said granted and bargained premises together with all appurtenances to him, the said JAMES TYRER, his heirs and assigns forever… In witness whereof, I the said Manassah Powers have hereunto set my hand and seal, this twenty-first day of October, 1779, and in the fourth year of American Independence. Manassah Powers."
From: "Vital Records of New Salem, Massachusetts to the End of the Year 1849, pg. 77:
"Goodal, Ruth, and James Fipp[e]n, Feb. 1780."
From: "First Parish Church Records of New Salem," copied by Inez [Stevens] Lederer:
"James Fippor and Ruth Godal married Feb. 1780."
www.yeoldewoburn.net/1st%20Parish%20Church.pdf
Marriage Records of New Salem, MA mystery/ confusion RESOLVED!
I am posting this message to be shown with a handwritten document to clear up the confusion I caused, at least in part.
Thanks to the perseverance of my cousin/ friend/ fellow Tyrer and Goodale researcher, Shirlee Eddy, we now have in our possession copies of the original handwritten page with Ruth Goodale's and James Tyrer's marriage record. They were kindly shared with Shirlee by James Tyrer of Grainville, MO.
Several years ago, when I first visited the Swift River Valley Historical Society, when we asked if we could see the original register with the marriage records, the folks there were not able to tell us or were not able to remember what had happened to it. We were never aware that a microfiche collection had been made of the register.
There are 2 documents, but the space available here does not allow me to post document 1. It explains:
"These oldest of the church records were laminated January 1968 by Mrs. Elizabeth K. Dunne. Mrs. Dunne also has had 3 microfiches of these made up and deposited:
1. New England Hist. & Gen. Soc, Boston
2. Essex Institute, Salem
3. American Antiquities Soc, Worcester.
A xerox copy is in the hands of Dr. K. Wetherbee."
The second document I have posted here is a poor photocopy [poor because it has been copied and shared, copied and shared, copied and shared umpteen times!] of the original handwritten page [only the one page of the register, with 'James and Ruth']. The 'James and Ruth' entry has been highlighted in yellow to make it stand out from the rest.
Now, everyone should begin to see the first source of the confusion, which was NOT caused by me.
The persons who transcribed the record in the first place, as 'Fippen' and/ or Fippor were unfamiliar with the family name because no descendants bearing this name remained in Franklin County, and by which the transcriber would have become familiar with the family spelling. The county clerk wrote the name down phonetically, as best he could, suggesting that James Tyrer could not spell it for him. It appears the clerk wrote it as James 'Tirror,' but the transcribers saw 'the 'T' as an 'F,' the double 'r's as double 'p's, and the last 'r' as an 'n.' Confusion cleared up.
Now for my 'mea culpa' part in all of this. Not having access to the original handwriting [only the published Marriage Records "Vital Records of New Salem, Massachusetts to the End of the Year 1849, pg. 77,
and having read the pamphlet "After Saratoga: The Story of the Convention Army," by William Dabney, 1954, I was trying to reason out WHY James would give a false name, as many other British soldiers had done when they deserted the British Army.
Well, now we know. He did NOT give a false name. The confusion was caused by a poor transcription, and I added insult to injury. Mystery removed, case closed, with my apologies for muddying the waters!
From:"Vital Records of Wendell, MA Book:"
Page 34: "Mary Tyrah, daughter of JAMES and RUTH TYRER born January ye 9th, 1781."
In 1782, JAMES TYRER then bought Lot No. 30 containing about 10 acres in Wendell Center, for six pounds.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 29-30:
"To all people to whom these presents shall come: I, Manassah Powers of Wendell in the County of Hampshire and Commonwealth of Massachusetts send greeting."
"Know ye that I, the said Manassah Powers in consideration of the just sum of six pounds to me in hand paid before the delivery hereof by JAMES TYRER of the town, county and commonwealth aforesaid, the receipt whereof I do hereby acknowledge, have… sold and do by these presents… sell and convey unto him the said JAMES TYRER, a certain piece or parcel of land lying in said Wendell and contains about ten acres more or less and is bounded as follows: beginning at the northwest corner of Lot No. 30 and runs southwardly sixty rods to a stake and stones, then eastwardly twenty-six rods and 2/3rd rod to a hemlock, then northwardly sixty rods to a beech tree, then westwardly to the first mentioned corner,rods to a beech tree, then westwardly to the first mentioned corner, and is part of said lot No. 30… To have and to hold the said granted and bargained premises together with all their appurtenances to him, the said JAMES TYRER, his heirs and assigns forever."
"In witness whereof I, the said Manassah Powers have hereunto set my hand and seal this 6th day of May, 1782 and in the 6th year of American Independence. Manassah Powers, Windham, County of Guilford, then the above named Manassah Powers personally appeared and owned this instrument to be his free act and deed."
The ledger books of the town meetings of the town of Wendell, MA still exist and have been microfilmed, SLC # 0886752. From them the following facts have been extracted:
On March 6, 1786, JAMES TYRER was among a number of men who asked the Town Officers to abate his rates in Joseph Johnson's rate bill, sum total, 2 pounds, 17 shillings, and 3 pence. Standing alone, this may appear that JAMES TYRER was the only one suffering from over-taxation, but the year 1786 is significant because it is the year [and Hampshire County was the location] of Shays' Rebellion, which largely concerned the overbearing burden of high taxes, with hard-working people being thrown into debtor's prisons.
From:"Vital Records of Wendell Book," page 34:
"Asa Tyrer born March ye 12th, 1788."
"Louthar Tyrer born September ye 22nd, 1789."
"Ruth Tyrer born April ye 7th, 1791."
In April of 1791, JAMES TYRER sold the first 31 acres of land that he had purchased in the northern part of Shutesbury [which had become a part of Wendell] and part of his homelot for a loss. He had purchased them for a combined total of 206 pounds, and now, had to sell them for 61 pounds, ten shillings.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 32-33:
"Know all men by these presents, that I, JAMES TYRER of Wendell in the County of Hampshire, Commonwealth of Massachusetts, Yeoman-in Consideration of sixty-one pounds, ten shillings lawful money paid by Silas Gates of Stow in ye County of Middlesex and Commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto the said Silas Gates a certain piece of land lying in Wendell and bounded as follows. (viz.) beginning at the Northwest corner of Lot No. 29 in the Gentleman's plan so-called, reference thereto being had, and runs west on the line of Lot No. 25 one hundred and five rods to the center of a large brook known by the name of Swift River West Branch, then southerly in center of said brook forty-nine rods to the north line of David Hammond's land, then last on said Hammond's land one hundred and five rods to Lot No. 29, then north on the line of said Lot No. 29 forty-nine rods to the first mentioned corner and contains about thirty-one acres (one acre for a highway included) be the same more or less."
"Also one other piece lying in said Wendell containing about ten acres more or less and is bounded as follows (viz.) Beginning at the Northwest corner of Lot No. 30 and runs southwardly sixty rods to a stake and stones, then eastwardly twenty-six rods and 2/3rd of a rod to a hemlock, then northwardly sixty rods to a Beech tree, then westwardly to the first mentioned corner and is part of said Lot No. 30."
"To have and to hold the same to the said Silas Gates, his heirs and assigns. That I am lawfully seized in fee of the premises; that they are free of all encumbrances; that I have good right to sell and convey the same to the said Silas Gates, and that I will warrant and defend the same to the said Silas Gates, his heirs and assigns forever against the lawful claims and demands of all persons. In witness whereof, I have hereunto set my hand and seal, this thirteenth day of April, 1791. JAMES TYRER and seal
RUTH TYRER Signed, sealed and delivered in the presence of us, Joshua Green, Nathan Wilder."
However, in July of the same year, 1791, JAMES TYRER purchased a larger tract of land in Wendell, seventy-two acres for 43 pounds, 16 shillings, and then resold the same piece of land in May 1792, for 30 pounds, again at a loss [unless at that time, the pound was gaining value].
From: Franklin County Courthouse, MA, Grantee Book," Volume 4 [2nd half of Volume 4], page 511-512:
"Know all men by these presents, that I, Abijah Thompson of Woburn in the County of Middlesex and Commonwealth of Massachusetts, gentleman, in consideration of 46 pounds, 16 shillings lawful money paid me, in hand before the delivery hereof by JAMES TYRER of Wendell in the County of Hampshire and commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge;
"Do hereby give, grant, sell and convey unto the said JAMES TYRER and to his heirs and assigns forever, one certain lot of land containing seventy-three acres lying in Wendell aforesaid, being part of Lot No. 56, bounded northwardly on Jonathan Crosby, westward on or into the land called Wicket Pond, and another part upon Osgood & Wilder or however other ways said lot is bounded or reputed to be bounded, with all the privileges and appurtenances to the same, belonging or in any wise appertaining, excepting Ethan Wetherbee's right of redemption which is to expire on or before the month of November next."
"To have and to hold the same to the said JAMES TYRER, his heirs and assigns, to his and their use and behoof? forever….etc., July 21, 1791.
In 1791, the records of the Wendell town meetings, page 99, show that:
"We the subscribers whose names are underwritten do class ourselves to the East part of the Town which is called the East Class or District. We have also agreed to build a School House and Said House is to be set over the Brook east of David Whitaker's by the Barrs leading to the North." Among others, JAMES 'TYRAH' and Asa Goodale signed it.
It is evident that JAMES TYRER was struggling financially. In 1792, he resold the land he had just purchased, to Jonathan Houghton, but it was not a complete sale, it was a mortgage. Did he mortgage his farm, but keep it in his own use, with the intention only of raising some capital? He received 30 pounds which was more than half the price he paid for it.
From:"Franklin County Courthouse, MA, Grantee Book," Volume 4 [2nd half of Volume 4], page 512-513:
"Know all men by these presents, that I, JAMES TYRER of Wendell in the County of Hampshire and Commonwealth of Massachusetts, Yeoman, in consideration of 30 pounds lawful money paid me, in hand before the delivery hereof by Jonathan Houghton of Montague in the County of Hampshire and commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge;
"Do hereby give, grant, sell and convey unto the said Jonathan Houghton, a certain lot of land containing seventy-three acres lying in Wendell aforesaid, being part of Lot No. 56, bounded northwardly on Jonathan Crosby, westward on or into the land called Wicket Pond, and on other parts upon Osgood & Wilder or however other ways said lot is bounded or reputed to be bounded, with all the privileges and appurtenances to the same, belonging or in any wise appertaining."
"To have and to hold the same to the said Jonathan, his heirs and assigns, to his and their use and behoof? forever….etc. In witness whereof I, the said JAMES TYRER have hereunto set my hand this first day of May in the year 1792. JAMES TYRER and seal."
In 1792 (page 118, Wendell town meetings, records of), on December 24th, the town voted to run a road from Josiah Wilder's to JAMES 'TYRAH', and then to Francis Walkup's, upon a straight line.
From:"Vital Records of Wendell Book," page 34:
"William Tirer born January ye 2nd, 1793."
In 1793, a shocking accident was recorded. The following account comes from the "Records of the First Congregational Church of Wendell:"
"1793, July 23. Buried JAMES TYRER, age 39, accidentally killed by a wound under his left arm, near his body, by a scythe he was carrying home Saturday evening after dark. His body lay undiscovered til Monday morning. He left a widow and eight children, five too young to be sensible to their fatherless condition."
From: "Death Records of Wendell, MA," kept at the post office to this day, Sept. 2009.
"July. 22d, 1793, James Tyrah, by a wound. Found deceased."
From: "The Greenfield [MA] Gazette," Thursday, Aug. 15, 1793:
"From Wendell. The body of James Tyrer was found dead in the road on the morning of the 22d ult. A coroner's inquest being taken, it appeared that Mr. Tyrer left his work on the preceding evening and, returning home with a scythe, received a wound in his right arm near his body, which proved the means of his immediate death. This unhappy occurrence ought to serve as a warning to all, to be cautious how they travel with a naked scythe, especially at night."
There is a record in the town ledgers that indicate that an inquest was held on the body of JAMES TYRER [from Court of Sessions Records, Hampshire Co., 1794, Book 19, pg. 106], "JAMES TYNER." This researcher now has a microfilm photocopy [from the law library in the basement of the Hampshire County Courthouse in Northampton] of this page in possession.
The above inquest was filed with the Court of Sessions, but if any of the findings had proven to be of a criminal nature, they are not filed in the same court. Bear in mind, that the article in the Greenfield Gazette was dated August 15, 1793, three weeks following the finding of JAMES TYRER's body, and it presented the death as an accident, so the ultimate finding of the jury must have been that that the death was accidental. However, if they had been provided with any statements from persons interviewed, that they were aware of an argument or any altercations between JAMES TYRER and any other person, such evidence would have been filed with the Court of Common Pleas, according to a brief chat with a deputy district attorney in Franklin County. [We neglected to get her name.] She gave us a sheet of paper listing where the old archival records were sent, dated 11/26/1990. The Supreme Judicial Court Archives were shipped to Columbia Point, in Boston, MA [near the John F. Kennedy Presidential Library], phone number (617)-725-8044. Another phone number given for the archives was (617)-727-2816.
The following records show that on the 21st day of April, 1794, Judge Joshua Green of Wendell had been appointed guardian of the TYRER children, and a bond given for 'the faithful execution of the estate' which proved to be involved.
From: "Registry of Probate Books, County of Franklin, Greenfield, MA," Vol. XVIII, 1792-1794:
"Know all men by these presents that we, Joshua Green, Esq., Richard Moore and Daniel Porter, all of Wendell. in the County of Hampshire, and obliged unto the Hon. Eleazar Porter, Esq in the full sum of two hundred pounds in lawful money… 21st day of April, 1794."
"The condition of this obligation is such, that if the above bounden Joshua Green, nominated and allowed to be guardian unto Mary Tyrer, minor, aged 13 years, John Tyrer aged 12 years, James Tyrer aged 9 years, Rhoda Tyrer, aged 7 years, Asa Tyrer, aged 6 years, LUTHER TYRER, aged 4 years, Ruth Tyrer, aged 3 years, and William Tyrer, aged 1 year, children and heirs of James Tyrer, late of Wendell…" Signed Jonathan Russell, Elihu Evers, Joshua Green, Richard Moore, Daniel Porter.
RUTH TYRER was granted her dower share of the real estate, which were fourteen and a half acres.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"In obedience to the annexed warrant, we the subscribers have set off to the widow RUTH TYRER, as her dower of the real estate whereof her husband died seized, fourteen acres and one half, bounded as follows, viz., beginning at the southwest corner of the land whereof the deceased died seized, and running north 14 degrees, east fifty-nine rods and one half, to a stake and stones, then east 14 degrees, south thirty-nine rods to a stake and stones, then south 14 degrees, west fifty-nine rods and one half to a stake and stones, then west 14 degrees, north thirty-nine rods to the first mentioned corner. And hereto set our hands at Wendell this sixth day of June, 1794. Daniel Porter, Nathan Brewer, Francis Walkup.
The Tyrer farm was sold the next November.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"In obedience to the annexed warrant, we have appraised the estate of JAMES TYRER late of Wendell deceased, as follows:
Seventy-two acres of land at 18/- 64 pounds 16 shillings.
1 pine table, 3/, 1 pine case of drawers 10/ 0.13.0
3 chairs 1/, 1 spinning wheel 6/ 0.7.0
6 pewter plates 4/, pewter bason 4/, 1 tin dipper, 8d 0.5.6
1 Iron skillet 1/6, 1 small dish kettle 1/6 0.3.0
1 broken kettle 6/, 1 ax 6/, 2 old axes 4/ 1.2.0
1 shave 1/6, 1 Frow 2/, 2 augurs 2/4, 1 pair compasses 1/ 0.6.10
1 loom and tackling 18/, 1 hammer 1/6, 1 pr. Pincers 1/6 1.1.0
1 grindstone 8/, 1 fire shovel 1/6, 1 pail 1/ 0.10.6
1 sledge 7/6, 1 pickax 5/, some drilling tools 6/6 0.19.0
a scythe & tackling 4/, 1 hog 20/ 1.4.0
72.3.10
And hereto set our hands this sixteenth day of October, 1793.
We also appraise a piece of grain upon the ground at 2 pounds, 2 shillings.
Brot down 72.3.10
Making the whole 74.5.10
Samuel Osgood, Joseph Stevens, Frances Walkup
RUTH was permitted to keep the following articles: the table, the case of drawers (which remains in the family to this day, with descendants of Asa and LUTHER TYRER, in Mineral Point, WI), 3 chairs, the spinning wheel, the pewter plates and basin, the tin dipper, skillet, kettles, the ax, the loom and tackling, the hammer, the fire shovel, the pail, and the hog and all of the grain.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
A List of the Claims brought in against the estate of JAMES TYRAH, late of Wendell, deceased, which were allowed by us the subscribers after examination:
Jonathan Houghton, mortgage L16 (or 6).14.10
Interest on mortgage 2.0.2
Isaac Townsend 6.15.0
Mr. David Whitaker, taxes 1.2.5
Lemuel Leach 0.5.6
Caleb Thayer 0.2.8
Richard Spear 0.3.0
Nathaniel Wilder 0.6.7
William Giles 0.1.8
Dean Nathan Brewer 0.3.0
Joshua Green, Esq. 0.6.5
Asa Goodale 0.11.6
Peter Leach, making coffin 0.6.0
Samuel Osgood, Junior, digging grave 0.3.0
Jonathan Crosbee 0.7.0
Ira Scott 0.2.0
Samuel Osgood 0.11.0
Daniel Porter 0.5.0
William Hubbard 0.6.2
Benj. Stiles 0.9.0
Nathaniel Johnson, Jun-taxes 0.12.9
Ditto for writ and execution 0.3.5
Doctor Asa Merriam 1.2.2
Samuel Kendell, Notes 2.5.5
Solomon Gibbs 4.3.10
Jonathan Houghton, ___, 0.4.8
David Whitaker, cost writ 0.2.0
Simeon Houghton 2.14.0
Daniel Ballard 0.9.8
Major Nathan Peck 1.16.0
Total 44.15.0
Signed Daniel Porter, Samuel Osgood, commissioners Wendell, June 6th, 1794
From: "Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
The estate of JAMES TYRER, deceased, to Joshua Green, Administrator
August 22, 1793-To cash paid at the office for letter of admin.L0.9.0
To my time in going there 0.12.0
August 23 To advertising as administrator 0.9.0
October 16th To administering oath to appraisers 0.1.0
To my time in attending them 0.4.0
Nov. 28 To cash paid at the office for commission insolvency, etc 0.9.2
To my time in going there 0.12.0
To the appraisers service 0.9.0
January, 1794 To cash paid advertising commissioners 0.4.6
March 31st To administer oath the commissioners 0.1.0
April 21st To cash paid at the office for warrant and letter guardian 0.11.0
To my time in going there 0.12.0
June 6th To administer oath to dividers of widow's dower 0.1.0
To cash paid the surveyor for ditto 0.3.0
To my time in attending them 0.3.0
To ditto ditto & expense for commissioners 0.15.0
To the commissioners service 0.12.0
To the dividers service 0.9.0
July 31st To journey to bring in commissioners report, admin's acct 0.12.0
To cash paid at the office 0.6.8
7.15.4
Errors excepted, Joshua Green-administrator
Ebenezer Allen, Jr
E. Porter, Judge of Probate
From: "Hampshire Gazette," issue of Sept. 24, 1794, pg. 4:
"To be sold at public vendue to the highest bidder on Monday, 3d of November next, at 1 o'clock PM, a tract or lot of land lying in the town of Wendell, estimated to contain 72 acres, of James Tyrer, late of Wendell aforesaid, yeoman, deceased. Sale to be on the premises, terms will be made known, at the time and place aforesaid. Joshua Green, administrator. Sept. 1794."
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"To all people to whom these presents shall come: greeting. Know ye that Joshua Green, administrator of all and singular the goods, chattels, rights and credits of JAMES TYRER, late of Wendell in the County of Hampshire and Commonwealth of Massachusetts, Yeoman, deceased; having obtained license of the Honorable Justice of the Court of Common Pleas holden at Northampton on the first Tuesday of September 1794 to sell and convey the real estate of the said deceased subject to the encumbrance of the widow's right of dower therein for the payment of the said deceased's debts and having agreeably to directions of the said Court given due notice of said sale:
"Did on the third day of November 1794, pursuant to the license and notice aforesaid, sell at public vendue to Abner Allen of Wendell, aforesaid yeoman, he being the highest bidder, a tract or lot of land lying in the Town of Wendell aforesaid hereinafter described, being the real estate of the said deceased for the sum of sixty-two pounds, one shilling, which vended premises are described as followeth, viz.:
"Being part of Lot numbered Fifty-Six, lying in the northerly part of Wendell aforesaid near Wicket Pond, so-called, containing seventy-three acres more or less, bounded northerly on Jonathan Crosbee, westwardly on Josiah Wilder, southwardly on Samuel Osgood and eastwardly on Oliver Wendell or however otherwise said lot is bounded or reported to be bounded."
"Therefore, I, the said Joshua Green do by virtue of the power and authority with which I am as aforesaid vested, and in consideration of the aforesaid sum of sixty-two pounds one shilling to me paid by him, the said Abner Allen, the receipt whereof I do hereby acknowledge, have given, granted and sold, and by these presents do give, grant, sell and convey to him, the said Abner Allen, his heirs and assigns forever, the above described premises with all the privileges and appurtenances to the same belonging."
"To have and to hold the same in manner as aforesaid to him the said Abner, his heirs and assigns forever, and the said Joshua Green in my said capacity, do covenant to and with him, the said Abner, his heirs and assigns that the said JAMES TYRER deceased, died seized of the same. That I have good right and lawful authority to sell and convey the same in manner as aforesaid and that I will warrant, secure and defend the same granted to him, the said Abner, his heirs and assigns against the lawful claims of all persons by or under me forever hereafter."
"In witness whereof I hereunto set my hand and seal in my said capacity this third day of November in the year 1794. Joshua Green & seal.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"Know all men by these presents, that I, RUTH TYRER, widow and relict of JAMES TYRER, late of Wendell in the County of Hampshire and Commonwealth of Massachusetts, deceased, for and in consideration of the sum of fifteen pounds lawful money, to me the said RUTH TYRER by Abner Allen of Wendell aforesaid, well and truly paid, the receipt whereof I do hereby acknowledge, have revised, released and forever quit-claimed, and by these presents do revise, release and quit-claim unto the said Abner, all and all manner of dower and right and tithe of dower whatsoever which I, the said RUTH now have of, in or out of a certain lot of land numbered Fifty-Six and containing seventy-three acres more or less, lying in the Town of Wendell aforesaid, which was belonging to the said JAMES TYRER, my late husband during the coverture? between him and me, the said RUTH, and at the time of his decease, which lot of land the said Abner hath this day purchased as sold by the Administrator at public vendue. I also relinquish all manner of action or actions, writ and writs of dower or any right or tithe of dower of or in the said lot of land or of or in any part or parcel at any time hereafter shall or may have claim or prosecute against the said Abner, his heirs or assigns. In witness whereof, I have hereunto set my hand and seal, this third day of November, 1794.
RUTH TYRER and seal.
Signed, sealed and delivered in presence of us, Joshua Green and Edward Wendell."
From: "Franklin County Courthouse, MA, Grantee Book," Volume 5, page 551:
The following land was purchased on January 10th, 1793, before JAMES TYRER's death, and it is interesting to note that his father-in-law, JONATHAN GOODALE owned this land bordering on JAMES TYRER's land.
"To all people to whom these presents shall come: Greeting.
Know ye that I, Jonathan Wilder of Sterling in the County of Worchester in the Commonwealth of Massachusetts, gentleman, for and in consideration of the sum of twenty pounds to me in hand, before the ensealing hereof, well and truly paid by JONATHAN GOODALE of New Salem in the County of Hampshire contain 20 acres of the Lot No. 25, it being one half of forty acres which Mr. Israel Moor and I purchased together, it being the south part of said lot bounding as follows: northerly and easterly by Israel Moor's land, and southerly by JAMES TYRER's land and westerly by land of Benjamin Stiles or Ebenezer Lock's land to where it began."
"To have and to hold the said granted and bargained premises, with all the appurtenances, privileges and commodities to the same belonging, or in any wise appertaining to him the said JONATHAN GOODALE, his heirs and assigns forever; to his and their only proper use, benefit and behoof forever. And I, the said Jonathan, for myself, my heirs and executors and administrators, do covenant, promise and grant to and with him, the said JONATHAN GOODALE, his heirs and assigns, that before the ensealing hereof, I am the true, sole and lawful owner of the above bargained premises… etc." Jan. 10, 1793
Did JONATHAN GOODALE purchase this land as a gesture of caring towards his daughter and son-in-law, to ease the future of his farm holdings, or merely as a business investment, upon seeing something in the land that he liked? Why were Deborah Goodale Upton's sons the only ones to inherit his lands? Did he distribute other lands many years previous, when they married, and during the period of the Revolution when deeds were often not recorded?
Interview with Gerald Elsmere Fieldhouse by William G. Tyrer, at the Fieldhouse residence in Dodgeville, WI on 8 Aug. 1983:
"Yes, I have seen a copy of the records, the ones in the Congregational Church there in Wendell, MA. Wendell is a, well, I never could see why James had so little land there. [His land was on Wickett Pond.] I think it was only about 10 acres. [It was 73 acres.] You talk about his clearing the land. If he worked from then until now, he wouldn't have that land cleared. I have never seen anything like it. Rocks. It is the most forsaken place, boulders. Out there, when they build a village, they just go out to the edge of the forest, and it stops dead. In fact, the orchards are on top of the mountain. You go in with big bulldozers and push the rocks back. It is terrible. It's not farmed at all now. It's just woods. It's just woods. There's little villages and dense woods."
"They [the rest of the family] didn't stay in Wendell long. The whole family moved on to New York, in Broome County. [Only Asa's family moved to Broome County. Two other brothers and a sister moved to Erie County, two sisters married and stayed in Franklin County, and the whereabouts of the two remaining brothers is unknown at this time (2010)]. There's no records, no cemetery, or anything, in the period when James died. They hadn't started any cemetery. ['No cemetery' is correct, but we now know about the courthouse and church and newspaper accounts of his death.]"
Photos by Shirlee Eddy
The family legend: "He came to America with Burgoyne's Army, and surrendered with them in 1777. He was an officer [This researcher questions this. I believe previous researchers have "blended" JAMES TYRER the 1st with his son, Captain James Tyrer who earned his title in New York in the War of 1812]. "When this army surrendered, all these officers and men must be cared for, so they cared for them in homes of the American people. We think perhaps, JAMES being an officer, was living in the home of Asa."
This does not seem likely in the light of the records that have been uncovered, most especially from the 1779 purchase of land in Wendell, and the description of the Convention Army's marches and internments… New Salem was never a receiving point for the prisoners.
JAMES TYRER purchased his first piece of land containing about 31 acres [before he was married] for two hundred pounds, in an area that was called the north part of Shutesbury, but later became a portion of Wendell, on October 21st, 1779. This is a good indication that he was by this time, gone from any prison camp.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 31-32:
"To all people to whom these presents shall come, I Manassah Powers of Shutesbury, in the County of Hampshire [which later divided off to Franklin Co] and state of Massachusetts Bay in New England, Yeoman, send greeting."
"Know ye that I, the said Manassah Powers, in consideration of the just sum of two hundred pounds to me in hand paid, before the delivery hereof by JAMES TYRER of the town, county and state aforesaid, Yeoman, the receipt whereof I do hereby acknowledge, have given, granted and sold and do by these presents give, grant, bargain, sell and convey unto him, the said JAMES TYRER, his heirs and assigns forever:"
"A certain piece of land lying in the north part of Shutesbury, bounded as follows, (viz.) Beginning at the southwest corner of Lot. No. 29 in the gentleman's plan taken by Captain Nathaniel Dwight in 1755, reference thereto being had, and runs west on the line of No. 95 one hundred and five rods to the center of a large brook known by the name of Swift River, West Branch, then southwardly in center of said brook forty-nine rods to the north line of David Hammond's land, then last on said Hammond's 105 rods to Lot No. 29, then north on the line of said Lot No. 29 forty-nine rods to said bounds on Lot No. 25, west on Benj. Miles land south and ___ Hammond's land, last on Lot 2?, first mentioned corner and containsabout thirty-one acres (one acre for a highway included) be the same more or less." [The writing became very cramped and tiny, difficult to read.]
"To hold the said granted and bargained premises together with all appurtenances to him, the said JAMES TYRER, his heirs and assigns forever… In witness whereof, I the said Manassah Powers have hereunto set my hand and seal, this twenty-first day of October, 1779, and in the fourth year of American Independence. Manassah Powers."
From: "Vital Records of New Salem, Massachusetts to the End of the Year 1849, pg. 77:
"Goodal, Ruth, and James Fipp[e]n, Feb. 1780."
From: "First Parish Church Records of New Salem," copied by Inez [Stevens] Lederer:
"James Fippor and Ruth Godal married Feb. 1780."
www.yeoldewoburn.net/1st%20Parish%20Church.pdf
Marriage Records of New Salem, MA mystery/ confusion RESOLVED!
I am posting this message to be shown with a handwritten document to clear up the confusion I caused, at least in part.
Thanks to the perseverance of my cousin/ friend/ fellow Tyrer and Goodale researcher, Shirlee Eddy, we now have in our possession copies of the original handwritten page with Ruth Goodale's and James Tyrer's marriage record. They were kindly shared with Shirlee by James Tyrer of Grainville, MO.
Several years ago, when I first visited the Swift River Valley Historical Society, when we asked if we could see the original register with the marriage records, the folks there were not able to tell us or were not able to remember what had happened to it. We were never aware that a microfiche collection had been made of the register.
There are 2 documents, but the space available here does not allow me to post document 1. It explains:
"These oldest of the church records were laminated January 1968 by Mrs. Elizabeth K. Dunne. Mrs. Dunne also has had 3 microfiches of these made up and deposited:
1. New England Hist. & Gen. Soc, Boston
2. Essex Institute, Salem
3. American Antiquities Soc, Worcester.
A xerox copy is in the hands of Dr. K. Wetherbee."
The second document I have posted here is a poor photocopy [poor because it has been copied and shared, copied and shared, copied and shared umpteen times!] of the original handwritten page [only the one page of the register, with 'James and Ruth']. The 'James and Ruth' entry has been highlighted in yellow to make it stand out from the rest.
Now, everyone should begin to see the first source of the confusion, which was NOT caused by me.
The persons who transcribed the record in the first place, as 'Fippen' and/ or Fippor were unfamiliar with the family name because no descendants bearing this name remained in Franklin County, and by which the transcriber would have become familiar with the family spelling. The county clerk wrote the name down phonetically, as best he could, suggesting that James Tyrer could not spell it for him. It appears the clerk wrote it as James 'Tirror,' but the transcribers saw 'the 'T' as an 'F,' the double 'r's as double 'p's, and the last 'r' as an 'n.' Confusion cleared up.
Now for my 'mea culpa' part in all of this. Not having access to the original handwriting [only the published Marriage Records "Vital Records of New Salem, Massachusetts to the End of the Year 1849, pg. 77,
and having read the pamphlet "After Saratoga: The Story of the Convention Army," by William Dabney, 1954, I was trying to reason out WHY James would give a false name, as many other British soldiers had done when they deserted the British Army.
Well, now we know. He did NOT give a false name. The confusion was caused by a poor transcription, and I added insult to injury. Mystery removed, case closed, with my apologies for muddying the waters!
From:"Vital Records of Wendell, MA Book:"
Page 34: "Mary Tyrah, daughter of JAMES and RUTH TYRER born January ye 9th, 1781."
In 1782, JAMES TYRER then bought Lot No. 30 containing about 10 acres in Wendell Center, for six pounds.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 29-30:
"To all people to whom these presents shall come: I, Manassah Powers of Wendell in the County of Hampshire and Commonwealth of Massachusetts send greeting."
"Know ye that I, the said Manassah Powers in consideration of the just sum of six pounds to me in hand paid before the delivery hereof by JAMES TYRER of the town, county and commonwealth aforesaid, the receipt whereof I do hereby acknowledge, have… sold and do by these presents… sell and convey unto him the said JAMES TYRER, a certain piece or parcel of land lying in said Wendell and contains about ten acres more or less and is bounded as follows: beginning at the northwest corner of Lot No. 30 and runs southwardly sixty rods to a stake and stones, then eastwardly twenty-six rods and 2/3rd rod to a hemlock, then northwardly sixty rods to a beech tree, then westwardly to the first mentioned corner,rods to a beech tree, then westwardly to the first mentioned corner, and is part of said lot No. 30… To have and to hold the said granted and bargained premises together with all their appurtenances to him, the said JAMES TYRER, his heirs and assigns forever."
"In witness whereof I, the said Manassah Powers have hereunto set my hand and seal this 6th day of May, 1782 and in the 6th year of American Independence. Manassah Powers, Windham, County of Guilford, then the above named Manassah Powers personally appeared and owned this instrument to be his free act and deed."
The ledger books of the town meetings of the town of Wendell, MA still exist and have been microfilmed, SLC # 0886752. From them the following facts have been extracted:
On March 6, 1786, JAMES TYRER was among a number of men who asked the Town Officers to abate his rates in Joseph Johnson's rate bill, sum total, 2 pounds, 17 shillings, and 3 pence. Standing alone, this may appear that JAMES TYRER was the only one suffering from over-taxation, but the year 1786 is significant because it is the year [and Hampshire County was the location] of Shays' Rebellion, which largely concerned the overbearing burden of high taxes, with hard-working people being thrown into debtor's prisons.
From:"Vital Records of Wendell Book," page 34:
"Asa Tyrer born March ye 12th, 1788."
"Louthar Tyrer born September ye 22nd, 1789."
"Ruth Tyrer born April ye 7th, 1791."
In April of 1791, JAMES TYRER sold the first 31 acres of land that he had purchased in the northern part of Shutesbury [which had become a part of Wendell] and part of his homelot for a loss. He had purchased them for a combined total of 206 pounds, and now, had to sell them for 61 pounds, ten shillings.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 32-33:
"Know all men by these presents, that I, JAMES TYRER of Wendell in the County of Hampshire, Commonwealth of Massachusetts, Yeoman-in Consideration of sixty-one pounds, ten shillings lawful money paid by Silas Gates of Stow in ye County of Middlesex and Commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto the said Silas Gates a certain piece of land lying in Wendell and bounded as follows. (viz.) beginning at the Northwest corner of Lot No. 29 in the Gentleman's plan so-called, reference thereto being had, and runs west on the line of Lot No. 25 one hundred and five rods to the center of a large brook known by the name of Swift River West Branch, then southerly in center of said brook forty-nine rods to the north line of David Hammond's land, then last on said Hammond's land one hundred and five rods to Lot No. 29, then north on the line of said Lot No. 29 forty-nine rods to the first mentioned corner and contains about thirty-one acres (one acre for a highway included) be the same more or less."
"Also one other piece lying in said Wendell containing about ten acres more or less and is bounded as follows (viz.) Beginning at the Northwest corner of Lot No. 30 and runs southwardly sixty rods to a stake and stones, then eastwardly twenty-six rods and 2/3rd of a rod to a hemlock, then northwardly sixty rods to a Beech tree, then westwardly to the first mentioned corner and is part of said Lot No. 30."
"To have and to hold the same to the said Silas Gates, his heirs and assigns. That I am lawfully seized in fee of the premises; that they are free of all encumbrances; that I have good right to sell and convey the same to the said Silas Gates, and that I will warrant and defend the same to the said Silas Gates, his heirs and assigns forever against the lawful claims and demands of all persons. In witness whereof, I have hereunto set my hand and seal, this thirteenth day of April, 1791. JAMES TYRER and seal
RUTH TYRER Signed, sealed and delivered in the presence of us, Joshua Green, Nathan Wilder."
However, in July of the same year, 1791, JAMES TYRER purchased a larger tract of land in Wendell, seventy-two acres for 43 pounds, 16 shillings, and then resold the same piece of land in May 1792, for 30 pounds, again at a loss [unless at that time, the pound was gaining value].
From: Franklin County Courthouse, MA, Grantee Book," Volume 4 [2nd half of Volume 4], page 511-512:
"Know all men by these presents, that I, Abijah Thompson of Woburn in the County of Middlesex and Commonwealth of Massachusetts, gentleman, in consideration of 46 pounds, 16 shillings lawful money paid me, in hand before the delivery hereof by JAMES TYRER of Wendell in the County of Hampshire and commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge;
"Do hereby give, grant, sell and convey unto the said JAMES TYRER and to his heirs and assigns forever, one certain lot of land containing seventy-three acres lying in Wendell aforesaid, being part of Lot No. 56, bounded northwardly on Jonathan Crosby, westward on or into the land called Wicket Pond, and another part upon Osgood & Wilder or however other ways said lot is bounded or reputed to be bounded, with all the privileges and appurtenances to the same, belonging or in any wise appertaining, excepting Ethan Wetherbee's right of redemption which is to expire on or before the month of November next."
"To have and to hold the same to the said JAMES TYRER, his heirs and assigns, to his and their use and behoof? forever….etc., July 21, 1791.
In 1791, the records of the Wendell town meetings, page 99, show that:
"We the subscribers whose names are underwritten do class ourselves to the East part of the Town which is called the East Class or District. We have also agreed to build a School House and Said House is to be set over the Brook east of David Whitaker's by the Barrs leading to the North." Among others, JAMES 'TYRAH' and Asa Goodale signed it.
It is evident that JAMES TYRER was struggling financially. In 1792, he resold the land he had just purchased, to Jonathan Houghton, but it was not a complete sale, it was a mortgage. Did he mortgage his farm, but keep it in his own use, with the intention only of raising some capital? He received 30 pounds which was more than half the price he paid for it.
From:"Franklin County Courthouse, MA, Grantee Book," Volume 4 [2nd half of Volume 4], page 512-513:
"Know all men by these presents, that I, JAMES TYRER of Wendell in the County of Hampshire and Commonwealth of Massachusetts, Yeoman, in consideration of 30 pounds lawful money paid me, in hand before the delivery hereof by Jonathan Houghton of Montague in the County of Hampshire and commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge;
"Do hereby give, grant, sell and convey unto the said Jonathan Houghton, a certain lot of land containing seventy-three acres lying in Wendell aforesaid, being part of Lot No. 56, bounded northwardly on Jonathan Crosby, westward on or into the land called Wicket Pond, and on other parts upon Osgood & Wilder or however other ways said lot is bounded or reputed to be bounded, with all the privileges and appurtenances to the same, belonging or in any wise appertaining."
"To have and to hold the same to the said Jonathan, his heirs and assigns, to his and their use and behoof? forever….etc. In witness whereof I, the said JAMES TYRER have hereunto set my hand this first day of May in the year 1792. JAMES TYRER and seal."
In 1792 (page 118, Wendell town meetings, records of), on December 24th, the town voted to run a road from Josiah Wilder's to JAMES 'TYRAH', and then to Francis Walkup's, upon a straight line.
From:"Vital Records of Wendell Book," page 34:
"William Tirer born January ye 2nd, 1793."
In 1793, a shocking accident was recorded. The following account comes from the "Records of the First Congregational Church of Wendell:"
"1793, July 23. Buried JAMES TYRER, age 39, accidentally killed by a wound under his left arm, near his body, by a scythe he was carrying home Saturday evening after dark. His body lay undiscovered til Monday morning. He left a widow and eight children, five too young to be sensible to their fatherless condition."
From: "Death Records of Wendell, MA," kept at the post office to this day, Sept. 2009.
"July. 22d, 1793, James Tyrah, by a wound. Found deceased."
From: "The Greenfield [MA] Gazette," Thursday, Aug. 15, 1793:
"From Wendell. The body of James Tyrer was found dead in the road on the morning of the 22d ult. A coroner's inquest being taken, it appeared that Mr. Tyrer left his work on the preceding evening and, returning home with a scythe, received a wound in his right arm near his body, which proved the means of his immediate death. This unhappy occurrence ought to serve as a warning to all, to be cautious how they travel with a naked scythe, especially at night."
There is a record in the town ledgers that indicate that an inquest was held on the body of JAMES TYRER [from Court of Sessions Records, Hampshire Co., 1794, Book 19, pg. 106], "JAMES TYNER." This researcher now has a microfilm photocopy [from the law library in the basement of the Hampshire County Courthouse in Northampton] of this page in possession.
The above inquest was filed with the Court of Sessions, but if any of the findings had proven to be of a criminal nature, they are not filed in the same court. Bear in mind, that the article in the Greenfield Gazette was dated August 15, 1793, three weeks following the finding of JAMES TYRER's body, and it presented the death as an accident, so the ultimate finding of the jury must have been that that the death was accidental. However, if they had been provided with any statements from persons interviewed, that they were aware of an argument or any altercations between JAMES TYRER and any other person, such evidence would have been filed with the Court of Common Pleas, according to a brief chat with a deputy district attorney in Franklin County. [We neglected to get her name.] She gave us a sheet of paper listing where the old archival records were sent, dated 11/26/1990. The Supreme Judicial Court Archives were shipped to Columbia Point, in Boston, MA [near the John F. Kennedy Presidential Library], phone number (617)-725-8044. Another phone number given for the archives was (617)-727-2816.
The following records show that on the 21st day of April, 1794, Judge Joshua Green of Wendell had been appointed guardian of the TYRER children, and a bond given for 'the faithful execution of the estate' which proved to be involved.
From: "Registry of Probate Books, County of Franklin, Greenfield, MA," Vol. XVIII, 1792-1794:
"Know all men by these presents that we, Joshua Green, Esq., Richard Moore and Daniel Porter, all of Wendell. in the County of Hampshire, and obliged unto the Hon. Eleazar Porter, Esq in the full sum of two hundred pounds in lawful money… 21st day of April, 1794."
"The condition of this obligation is such, that if the above bounden Joshua Green, nominated and allowed to be guardian unto Mary Tyrer, minor, aged 13 years, John Tyrer aged 12 years, James Tyrer aged 9 years, Rhoda Tyrer, aged 7 years, Asa Tyrer, aged 6 years, LUTHER TYRER, aged 4 years, Ruth Tyrer, aged 3 years, and William Tyrer, aged 1 year, children and heirs of James Tyrer, late of Wendell…" Signed Jonathan Russell, Elihu Evers, Joshua Green, Richard Moore, Daniel Porter.
RUTH TYRER was granted her dower share of the real estate, which were fourteen and a half acres.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"In obedience to the annexed warrant, we the subscribers have set off to the widow RUTH TYRER, as her dower of the real estate whereof her husband died seized, fourteen acres and one half, bounded as follows, viz., beginning at the southwest corner of the land whereof the deceased died seized, and running north 14 degrees, east fifty-nine rods and one half, to a stake and stones, then east 14 degrees, south thirty-nine rods to a stake and stones, then south 14 degrees, west fifty-nine rods and one half to a stake and stones, then west 14 degrees, north thirty-nine rods to the first mentioned corner. And hereto set our hands at Wendell this sixth day of June, 1794. Daniel Porter, Nathan Brewer, Francis Walkup.
The Tyrer farm was sold the next November.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"In obedience to the annexed warrant, we have appraised the estate of JAMES TYRER late of Wendell deceased, as follows:
Seventy-two acres of land at 18/- 64 pounds 16 shillings.
1 pine table, 3/, 1 pine case of drawers 10/ 0.13.0
3 chairs 1/, 1 spinning wheel 6/ 0.7.0
6 pewter plates 4/, pewter bason 4/, 1 tin dipper, 8d 0.5.6
1 Iron skillet 1/6, 1 small dish kettle 1/6 0.3.0
1 broken kettle 6/, 1 ax 6/, 2 old axes 4/ 1.2.0
1 shave 1/6, 1 Frow 2/, 2 augurs 2/4, 1 pair compasses 1/ 0.6.10
1 loom and tackling 18/, 1 hammer 1/6, 1 pr. Pincers 1/6 1.1.0
1 grindstone 8/, 1 fire shovel 1/6, 1 pail 1/ 0.10.6
1 sledge 7/6, 1 pickax 5/, some drilling tools 6/6 0.19.0
a scythe & tackling 4/, 1 hog 20/ 1.4.0
72.3.10
And hereto set our hands this sixteenth day of October, 1793.
We also appraise a piece of grain upon the ground at 2 pounds, 2 shillings.
Brot down 72.3.10
Making the whole 74.5.10
Samuel Osgood, Joseph Stevens, Frances Walkup
RUTH was permitted to keep the following articles: the table, the case of drawers (which remains in the family to this day, with descendants of Asa and LUTHER TYRER, in Mineral Point, WI), 3 chairs, the spinning wheel, the pewter plates and basin, the tin dipper, skillet, kettles, the ax, the loom and tackling, the hammer, the fire shovel, the pail, and the hog and all of the grain.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
A List of the Claims brought in against the estate of JAMES TYRAH, late of Wendell, deceased, which were allowed by us the subscribers after examination:
Jonathan Houghton, mortgage L16 (or 6).14.10
Interest on mortgage 2.0.2
Isaac Townsend 6.15.0
Mr. David Whitaker, taxes 1.2.5
Lemuel Leach 0.5.6
Caleb Thayer 0.2.8
Richard Spear 0.3.0
Nathaniel Wilder 0.6.7
William Giles 0.1.8
Dean Nathan Brewer 0.3.0
Joshua Green, Esq. 0.6.5
Asa Goodale 0.11.6
Peter Leach, making coffin 0.6.0
Samuel Osgood, Junior, digging grave 0.3.0
Jonathan Crosbee 0.7.0
Ira Scott 0.2.0
Samuel Osgood 0.11.0
Daniel Porter 0.5.0
William Hubbard 0.6.2
Benj. Stiles 0.9.0
Nathaniel Johnson, Jun-taxes 0.12.9
Ditto for writ and execution 0.3.5
Doctor Asa Merriam 1.2.2
Samuel Kendell, Notes 2.5.5
Solomon Gibbs 4.3.10
Jonathan Houghton, ___, 0.4.8
David Whitaker, cost writ 0.2.0
Simeon Houghton 2.14.0
Daniel Ballard 0.9.8
Major Nathan Peck 1.16.0
Total 44.15.0
Signed Daniel Porter, Samuel Osgood, commissioners Wendell, June 6th, 1794
From: "Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
The estate of JAMES TYRER, deceased, to Joshua Green, Administrator
August 22, 1793-To cash paid at the office for letter of admin.L0.9.0
To my time in going there 0.12.0
August 23 To advertising as administrator 0.9.0
October 16th To administering oath to appraisers 0.1.0
To my time in attending them 0.4.0
Nov. 28 To cash paid at the office for commission insolvency, etc 0.9.2
To my time in going there 0.12.0
To the appraisers service 0.9.0
January, 1794 To cash paid advertising commissioners 0.4.6
March 31st To administer oath the commissioners 0.1.0
April 21st To cash paid at the office for warrant and letter guardian 0.11.0
To my time in going there 0.12.0
June 6th To administer oath to dividers of widow's dower 0.1.0
To cash paid the surveyor for ditto 0.3.0
To my time in attending them 0.3.0
To ditto ditto & expense for commissioners 0.15.0
To the commissioners service 0.12.0
To the dividers service 0.9.0
July 31st To journey to bring in commissioners report, admin's acct 0.12.0
To cash paid at the office 0.6.8
7.15.4
Errors excepted, Joshua Green-administrator
Ebenezer Allen, Jr
E. Porter, Judge of Probate
From: "Hampshire Gazette," issue of Sept. 24, 1794, pg. 4:
"To be sold at public vendue to the highest bidder on Monday, 3d of November next, at 1 o'clock PM, a tract or lot of land lying in the town of Wendell, estimated to contain 72 acres, of James Tyrer, late of Wendell aforesaid, yeoman, deceased. Sale to be on the premises, terms will be made known, at the time and place aforesaid. Joshua Green, administrator. Sept. 1794."
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"To all people to whom these presents shall come: greeting. Know ye that Joshua Green, administrator of all and singular the goods, chattels, rights and credits of JAMES TYRER, late of Wendell in the County of Hampshire and Commonwealth of Massachusetts, Yeoman, deceased; having obtained license of the Honorable Justice of the Court of Common Pleas holden at Northampton on the first Tuesday of September 1794 to sell and convey the real estate of the said deceased subject to the encumbrance of the widow's right of dower therein for the payment of the said deceased's debts and having agreeably to directions of the said Court given due notice of said sale:
"Did on the third day of November 1794, pursuant to the license and notice aforesaid, sell at public vendue to Abner Allen of Wendell, aforesaid yeoman, he being the highest bidder, a tract or lot of land lying in the Town of Wendell aforesaid hereinafter described, being the real estate of the said deceased for the sum of sixty-two pounds, one shilling, which vended premises are described as followeth, viz.:
"Being part of Lot numbered Fifty-Six, lying in the northerly part of Wendell aforesaid near Wicket Pond, so-called, containing seventy-three acres more or less, bounded northerly on Jonathan Crosbee, westwardly on Josiah Wilder, southwardly on Samuel Osgood and eastwardly on Oliver Wendell or however otherwise said lot is bounded or reported to be bounded."
"Therefore, I, the said Joshua Green do by virtue of the power and authority with which I am as aforesaid vested, and in consideration of the aforesaid sum of sixty-two pounds one shilling to me paid by him, the said Abner Allen, the receipt whereof I do hereby acknowledge, have given, granted and sold, and by these presents do give, grant, sell and convey to him, the said Abner Allen, his heirs and assigns forever, the above described premises with all the privileges and appurtenances to the same belonging."
"To have and to hold the same in manner as aforesaid to him the said Abner, his heirs and assigns forever, and the said Joshua Green in my said capacity, do covenant to and with him, the said Abner, his heirs and assigns that the said JAMES TYRER deceased, died seized of the same. That I have good right and lawful authority to sell and convey the same in manner as aforesaid and that I will warrant, secure and defend the same granted to him, the said Abner, his heirs and assigns against the lawful claims of all persons by or under me forever hereafter."
"In witness whereof I hereunto set my hand and seal in my said capacity this third day of November in the year 1794. Joshua Green & seal.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"Know all men by these presents, that I, RUTH TYRER, widow and relict of JAMES TYRER, late of Wendell in the County of Hampshire and Commonwealth of Massachusetts, deceased, for and in consideration of the sum of fifteen pounds lawful money, to me the said RUTH TYRER by Abner Allen of Wendell aforesaid, well and truly paid, the receipt whereof I do hereby acknowledge, have revised, released and forever quit-claimed, and by these presents do revise, release and quit-claim unto the said Abner, all and all manner of dower and right and tithe of dower whatsoever which I, the said RUTH now have of, in or out of a certain lot of land numbered Fifty-Six and containing seventy-three acres more or less, lying in the Town of Wendell aforesaid, which was belonging to the said JAMES TYRER, my late husband during the coverture? between him and me, the said RUTH, and at the time of his decease, which lot of land the said Abner hath this day purchased as sold by the Administrator at public vendue. I also relinquish all manner of action or actions, writ and writs of dower or any right or tithe of dower of or in the said lot of land or of or in any part or parcel at any time hereafter shall or may have claim or prosecute against the said Abner, his heirs or assigns. In witness whereof, I have hereunto set my hand and seal, this third day of November, 1794.
RUTH TYRER and seal.
Signed, sealed and delivered in presence of us, Joshua Green and Edward Wendell."
From: "Franklin County Courthouse, MA, Grantee Book," Volume 5, page 551:
The following land was purchased on January 10th, 1793, before JAMES TYRER's death, and it is interesting to note that his father-in-law, JONATHAN GOODALE owned this land bordering on JAMES TYRER's land.
"To all people to whom these presents shall come: Greeting.
Know ye that I, Jonathan Wilder of Sterling in the County of Worchester in the Commonwealth of Massachusetts, gentleman, for and in consideration of the sum of twenty pounds to me in hand, before the ensealing hereof, well and truly paid by JONATHAN GOODALE of New Salem in the County of Hampshire contain 20 acres of the Lot No. 25, it being one half of forty acres which Mr. Israel Moor and I purchased together, it being the south part of said lot bounding as follows: northerly and easterly by Israel Moor's land, and southerly by JAMES TYRER's land and westerly by land of Benjamin Stiles or Ebenezer Lock's land to where it began."
"To have and to hold the said granted and bargained premises, with all the appurtenances, privileges and commodities to the same belonging, or in any wise appertaining to him the said JONATHAN GOODALE, his heirs and assigns forever; to his and their only proper use, benefit and behoof forever. And I, the said Jonathan, for myself, my heirs and executors and administrators, do covenant, promise and grant to and with him, the said JONATHAN GOODALE, his heirs and assigns, that before the ensealing hereof, I am the true, sole and lawful owner of the above bargained premises… etc." Jan. 10, 1793
Did JONATHAN GOODALE purchase this land as a gesture of caring towards his daughter and son-in-law, to ease the future of his farm holdings, or merely as a business investment, upon seeing something in the land that he liked? Why were Deborah Goodale Upton's sons the only ones to inherit his lands? Did he distribute other lands many years previous, when they married, and during the period of the Revolution when deeds were often not recorded?
Interview with Gerald Elsmere Fieldhouse by William G. Tyrer, at the Fieldhouse residence in Dodgeville, WI on 8 Aug. 1983:
"Yes, I have seen a copy of the records, the ones in the Congregational Church there in Wendell, MA. Wendell is a, well, I never could see why James had so little land there. [His land was on Wickett Pond.] I think it was only about 10 acres. [It was 73 acres.] You talk about his clearing the land. If he worked from then until now, he wouldn't have that land cleared. I have never seen anything like it. Rocks. It is the most forsaken place, boulders. Out there, when they build a village, they just go out to the edge of the forest, and it stops dead. In fact, the orchards are on top of the mountain. You go in with big bulldozers and push the rocks back. It is terrible. It's not farmed at all now. It's just woods. It's just woods. There's little villages and dense woods."
"They [the rest of the family] didn't stay in Wendell long. The whole family moved on to New York, in Broome County. [Only Asa's family moved to Broome County. Two other brothers and a sister moved to Erie County, two sisters married and stayed in Franklin County, and the whereabouts of the two remaining brothers is unknown at this time (2010)]. There's no records, no cemetery, or anything, in the period when James died. They hadn't started any cemetery. ['No cemetery' is correct, but we now know about the courthouse and church and newspaper accounts of his death.]"
The family legend: "He came to America with Burgoyne's Army, and surrendered with them in 1777. He was an officer [This researcher questions this. I believe previous researchers have "blended" JAMES TYRER the 1st with his son, Captain James Tyrer who earned his title in New York in the War of 1812]. "When this army surrendered, all these officers and men must be cared for, so they cared for them in homes of the American people. We think perhaps, JAMES being an officer, was living in the home of Asa."
This does not seem likely in the light of the records that have been uncovered, most especially from the 1779 purchase of land in Wendell, and the description of the Convention Army's marches and internments… New Salem was never a receiving point for the prisoners.
JAMES TYRER purchased his first piece of land containing about 31 acres [before he was married] for two hundred pounds, in an area that was called the north part of Shutesbury, but later became a portion of Wendell, on October 21st, 1779. This is a good indication that he was by this time, gone from any prison camp.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 31-32:
"To all people to whom these presents shall come, I Manassah Powers of Shutesbury, in the County of Hampshire [which later divided off to Franklin Co] and state of Massachusetts Bay in New England, Yeoman, send greeting."
"Know ye that I, the said Manassah Powers, in consideration of the just sum of two hundred pounds to me in hand paid, before the delivery hereof by JAMES TYRER of the town, county and state aforesaid, Yeoman, the receipt whereof I do hereby acknowledge, have given, granted and sold and do by these presents give, grant, bargain, sell and convey unto him, the said JAMES TYRER, his heirs and assigns forever:"
"A certain piece of land lying in the north part of Shutesbury, bounded as follows, (viz.) Beginning at the southwest corner of Lot. No. 29 in the gentleman's plan taken by Captain Nathaniel Dwight in 1755, reference thereto being had, and runs west on the line of No. 95 one hundred and five rods to the center of a large brook known by the name of Swift River, West Branch, then southwardly in center of said brook forty-nine rods to the north line of David Hammond's land, then last on said Hammond's 105 rods to Lot No. 29, then north on the line of said Lot No. 29 forty-nine rods to said bounds on Lot No. 25, west on Benj. Miles land south and ___ Hammond's land, last on Lot 2?, first mentioned corner and containsabout thirty-one acres (one acre for a highway included) be the same more or less." [The writing became very cramped and tiny, difficult to read.]
"To hold the said granted and bargained premises together with all appurtenances to him, the said JAMES TYRER, his heirs and assigns forever… In witness whereof, I the said Manassah Powers have hereunto set my hand and seal, this twenty-first day of October, 1779, and in the fourth year of American Independence. Manassah Powers."
From: "Vital Records of New Salem, Massachusetts to the End of the Year 1849, pg. 77:
"Goodal, Ruth, and James Fipp[e]n, Feb. 1780."
From: "First Parish Church Records of New Salem," copied by Inez [Stevens] Lederer:
"James Fippor and Ruth Godal married Feb. 1780."
www.yeoldewoburn.net/1st%20Parish%20Church.pdf
Marriage Records of New Salem, MA mystery/ confusion RESOLVED!
I am posting this message to be shown with a handwritten document to clear up the confusion I caused, at least in part.
Thanks to the perseverance of my cousin/ friend/ fellow Tyrer and Goodale researcher, Shirlee Eddy, we now have in our possession copies of the original handwritten page with Ruth Goodale's and James Tyrer's marriage record. They were kindly shared with Shirlee by James Tyrer of Grainville, MO.
Several years ago, when I first visited the Swift River Valley Historical Society, when we asked if we could see the original register with the marriage records, the folks there were not able to tell us or were not able to remember what had happened to it. We were never aware that a microfiche collection had been made of the register.
There are 2 documents, but the space available here does not allow me to post document 1. It explains:
"These oldest of the church records were laminated January 1968 by Mrs. Elizabeth K. Dunne. Mrs. Dunne also has had 3 microfiches of these made up and deposited:
1. New England Hist. & Gen. Soc, Boston
2. Essex Institute, Salem
3. American Antiquities Soc, Worcester.
A xerox copy is in the hands of Dr. K. Wetherbee."
The second document I have posted here is a poor photocopy [poor because it has been copied and shared, copied and shared, copied and shared umpteen times!] of the original handwritten page [only the one page of the register, with 'James and Ruth']. The 'James and Ruth' entry has been highlighted in yellow to make it stand out from the rest.
Now, everyone should begin to see the first source of the confusion, which was NOT caused by me.
The persons who transcribed the record in the first place, as 'Fippen' and/ or Fippor were unfamiliar with the family name because no descendants bearing this name remained in Franklin County, and by which the transcriber would have become familiar with the family spelling. The county clerk wrote the name down phonetically, as best he could, suggesting that James Tyrer could not spell it for him. It appears the clerk wrote it as James 'Tirror,' but the transcribers saw 'the 'T' as an 'F,' the double 'r's as double 'p's, and the last 'r' as an 'n.' Confusion cleared up.
Now for my 'mea culpa' part in all of this. Not having access to the original handwriting [only the published Marriage Records "Vital Records of New Salem, Massachusetts to the End of the Year 1849, pg. 77,
and having read the pamphlet "After Saratoga: The Story of the Convention Army," by William Dabney, 1954, I was trying to reason out WHY James would give a false name, as many other British soldiers had done when they deserted the British Army.
Well, now we know. He did NOT give a false name. The confusion was caused by a poor transcription, and I added insult to injury. Mystery removed, case closed, with my apologies for muddying the waters!
From:"Vital Records of Wendell, MA Book:"
Page 34: "Mary Tyrah, daughter of JAMES and RUTH TYRER born January ye 9th, 1781."
In 1782, JAMES TYRER then bought Lot No. 30 containing about 10 acres in Wendell Center, for six pounds.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 29-30:
"To all people to whom these presents shall come: I, Manassah Powers of Wendell in the County of Hampshire and Commonwealth of Massachusetts send greeting."
"Know ye that I, the said Manassah Powers in consideration of the just sum of six pounds to me in hand paid before the delivery hereof by JAMES TYRER of the town, county and commonwealth aforesaid, the receipt whereof I do hereby acknowledge, have… sold and do by these presents… sell and convey unto him the said JAMES TYRER, a certain piece or parcel of land lying in said Wendell and contains about ten acres more or less and is bounded as follows: beginning at the northwest corner of Lot No. 30 and runs southwardly sixty rods to a stake and stones, then eastwardly twenty-six rods and 2/3rd rod to a hemlock, then northwardly sixty rods to a beech tree, then westwardly to the first mentioned corner,rods to a beech tree, then westwardly to the first mentioned corner, and is part of said lot No. 30… To have and to hold the said granted and bargained premises together with all their appurtenances to him, the said JAMES TYRER, his heirs and assigns forever."
"In witness whereof I, the said Manassah Powers have hereunto set my hand and seal this 6th day of May, 1782 and in the 6th year of American Independence. Manassah Powers, Windham, County of Guilford, then the above named Manassah Powers personally appeared and owned this instrument to be his free act and deed."
The ledger books of the town meetings of the town of Wendell, MA still exist and have been microfilmed, SLC # 0886752. From them the following facts have been extracted:
On March 6, 1786, JAMES TYRER was among a number of men who asked the Town Officers to abate his rates in Joseph Johnson's rate bill, sum total, 2 pounds, 17 shillings, and 3 pence. Standing alone, this may appear that JAMES TYRER was the only one suffering from over-taxation, but the year 1786 is significant because it is the year [and Hampshire County was the location] of Shays' Rebellion, which largely concerned the overbearing burden of high taxes, with hard-working people being thrown into debtor's prisons.
From:"Vital Records of Wendell Book," page 34:
"Asa Tyrer born March ye 12th, 1788."
"Louthar Tyrer born September ye 22nd, 1789."
"Ruth Tyrer born April ye 7th, 1791."
In April of 1791, JAMES TYRER sold the first 31 acres of land that he had purchased in the northern part of Shutesbury [which had become a part of Wendell] and part of his homelot for a loss. He had purchased them for a combined total of 206 pounds, and now, had to sell them for 61 pounds, ten shillings.
From: "Franklin County Courthouse, MA, Grantee Book," Volume 4, page 32-33:
"Know all men by these presents, that I, JAMES TYRER of Wendell in the County of Hampshire, Commonwealth of Massachusetts, Yeoman-in Consideration of sixty-one pounds, ten shillings lawful money paid by Silas Gates of Stow in ye County of Middlesex and Commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto the said Silas Gates a certain piece of land lying in Wendell and bounded as follows. (viz.) beginning at the Northwest corner of Lot No. 29 in the Gentleman's plan so-called, reference thereto being had, and runs west on the line of Lot No. 25 one hundred and five rods to the center of a large brook known by the name of Swift River West Branch, then southerly in center of said brook forty-nine rods to the north line of David Hammond's land, then last on said Hammond's land one hundred and five rods to Lot No. 29, then north on the line of said Lot No. 29 forty-nine rods to the first mentioned corner and contains about thirty-one acres (one acre for a highway included) be the same more or less."
"Also one other piece lying in said Wendell containing about ten acres more or less and is bounded as follows (viz.) Beginning at the Northwest corner of Lot No. 30 and runs southwardly sixty rods to a stake and stones, then eastwardly twenty-six rods and 2/3rd of a rod to a hemlock, then northwardly sixty rods to a Beech tree, then westwardly to the first mentioned corner and is part of said Lot No. 30."
"To have and to hold the same to the said Silas Gates, his heirs and assigns. That I am lawfully seized in fee of the premises; that they are free of all encumbrances; that I have good right to sell and convey the same to the said Silas Gates, and that I will warrant and defend the same to the said Silas Gates, his heirs and assigns forever against the lawful claims and demands of all persons. In witness whereof, I have hereunto set my hand and seal, this thirteenth day of April, 1791. JAMES TYRER and seal
RUTH TYRER Signed, sealed and delivered in the presence of us, Joshua Green, Nathan Wilder."
However, in July of the same year, 1791, JAMES TYRER purchased a larger tract of land in Wendell, seventy-two acres for 43 pounds, 16 shillings, and then resold the same piece of land in May 1792, for 30 pounds, again at a loss [unless at that time, the pound was gaining value].
From: Franklin County Courthouse, MA, Grantee Book," Volume 4 [2nd half of Volume 4], page 511-512:
"Know all men by these presents, that I, Abijah Thompson of Woburn in the County of Middlesex and Commonwealth of Massachusetts, gentleman, in consideration of 46 pounds, 16 shillings lawful money paid me, in hand before the delivery hereof by JAMES TYRER of Wendell in the County of Hampshire and commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge;
"Do hereby give, grant, sell and convey unto the said JAMES TYRER and to his heirs and assigns forever, one certain lot of land containing seventy-three acres lying in Wendell aforesaid, being part of Lot No. 56, bounded northwardly on Jonathan Crosby, westward on or into the land called Wicket Pond, and another part upon Osgood & Wilder or however other ways said lot is bounded or reputed to be bounded, with all the privileges and appurtenances to the same, belonging or in any wise appertaining, excepting Ethan Wetherbee's right of redemption which is to expire on or before the month of November next."
"To have and to hold the same to the said JAMES TYRER, his heirs and assigns, to his and their use and behoof? forever….etc., July 21, 1791.
In 1791, the records of the Wendell town meetings, page 99, show that:
"We the subscribers whose names are underwritten do class ourselves to the East part of the Town which is called the East Class or District. We have also agreed to build a School House and Said House is to be set over the Brook east of David Whitaker's by the Barrs leading to the North." Among others, JAMES 'TYRAH' and Asa Goodale signed it.
It is evident that JAMES TYRER was struggling financially. In 1792, he resold the land he had just purchased, to Jonathan Houghton, but it was not a complete sale, it was a mortgage. Did he mortgage his farm, but keep it in his own use, with the intention only of raising some capital? He received 30 pounds which was more than half the price he paid for it.
From:"Franklin County Courthouse, MA, Grantee Book," Volume 4 [2nd half of Volume 4], page 512-513:
"Know all men by these presents, that I, JAMES TYRER of Wendell in the County of Hampshire and Commonwealth of Massachusetts, Yeoman, in consideration of 30 pounds lawful money paid me, in hand before the delivery hereof by Jonathan Houghton of Montague in the County of Hampshire and commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge;
"Do hereby give, grant, sell and convey unto the said Jonathan Houghton, a certain lot of land containing seventy-three acres lying in Wendell aforesaid, being part of Lot No. 56, bounded northwardly on Jonathan Crosby, westward on or into the land called Wicket Pond, and on other parts upon Osgood & Wilder or however other ways said lot is bounded or reputed to be bounded, with all the privileges and appurtenances to the same, belonging or in any wise appertaining."
"To have and to hold the same to the said Jonathan, his heirs and assigns, to his and their use and behoof? forever….etc. In witness whereof I, the said JAMES TYRER have hereunto set my hand this first day of May in the year 1792. JAMES TYRER and seal."
In 1792 (page 118, Wendell town meetings, records of), on December 24th, the town voted to run a road from Josiah Wilder's to JAMES 'TYRAH', and then to Francis Walkup's, upon a straight line.
From:"Vital Records of Wendell Book," page 34:
"William Tirer born January ye 2nd, 1793."
In 1793, a shocking accident was recorded. The following account comes from the "Records of the First Congregational Church of Wendell:"
"1793, July 23. Buried JAMES TYRER, age 39, accidentally killed by a wound under his left arm, near his body, by a scythe he was carrying home Saturday evening after dark. His body lay undiscovered til Monday morning. He left a widow and eight children, five too young to be sensible to their fatherless condition."
From: "Death Records of Wendell, MA," kept at the post office to this day, Sept. 2009.
"July. 22d, 1793, James Tyrah, by a wound. Found deceased."
From: "The Greenfield [MA] Gazette," Thursday, Aug. 15, 1793:
"From Wendell. The body of James Tyrer was found dead in the road on the morning of the 22d ult. A coroner's inquest being taken, it appeared that Mr. Tyrer left his work on the preceding evening and, returning home with a scythe, received a wound in his right arm near his body, which proved the means of his immediate death. This unhappy occurrence ought to serve as a warning to all, to be cautious how they travel with a naked scythe, especially at night."
There is a record in the town ledgers that indicate that an inquest was held on the body of JAMES TYRER [from Court of Sessions Records, Hampshire Co., 1794, Book 19, pg. 106], "JAMES TYNER." This researcher now has a microfilm photocopy [from the law library in the basement of the Hampshire County Courthouse in Northampton] of this page in possession.
The above inquest was filed with the Court of Sessions, but if any of the findings had proven to be of a criminal nature, they are not filed in the same court. Bear in mind, that the article in the Greenfield Gazette was dated August 15, 1793, three weeks following the finding of JAMES TYRER's body, and it presented the death as an accident, so the ultimate finding of the jury must have been that that the death was accidental. However, if they had been provided with any statements from persons interviewed, that they were aware of an argument or any altercations between JAMES TYRER and any other person, such evidence would have been filed with the Court of Common Pleas, according to a brief chat with a deputy district attorney in Franklin County. [We neglected to get her name.] She gave us a sheet of paper listing where the old archival records were sent, dated 11/26/1990. The Supreme Judicial Court Archives were shipped to Columbia Point, in Boston, MA [near the John F. Kennedy Presidential Library], phone number (617)-725-8044. Another phone number given for the archives was (617)-727-2816.
The following records show that on the 21st day of April, 1794, Judge Joshua Green of Wendell had been appointed guardian of the TYRER children, and a bond given for 'the faithful execution of the estate' which proved to be involved.
From: "Registry of Probate Books, County of Franklin, Greenfield, MA," Vol. XVIII, 1792-1794:
"Know all men by these presents that we, Joshua Green, Esq., Richard Moore and Daniel Porter, all of Wendell. in the County of Hampshire, and obliged unto the Hon. Eleazar Porter, Esq in the full sum of two hundred pounds in lawful money… 21st day of April, 1794."
"The condition of this obligation is such, that if the above bounden Joshua Green, nominated and allowed to be guardian unto Mary Tyrer, minor, aged 13 years, John Tyrer aged 12 years, James Tyrer aged 9 years, Rhoda Tyrer, aged 7 years, Asa Tyrer, aged 6 years, LUTHER TYRER, aged 4 years, Ruth Tyrer, aged 3 years, and William Tyrer, aged 1 year, children and heirs of James Tyrer, late of Wendell…" Signed Jonathan Russell, Elihu Evers, Joshua Green, Richard Moore, Daniel Porter.
RUTH TYRER was granted her dower share of the real estate, which were fourteen and a half acres.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"In obedience to the annexed warrant, we the subscribers have set off to the widow RUTH TYRER, as her dower of the real estate whereof her husband died seized, fourteen acres and one half, bounded as follows, viz., beginning at the southwest corner of the land whereof the deceased died seized, and running north 14 degrees, east fifty-nine rods and one half, to a stake and stones, then east 14 degrees, south thirty-nine rods to a stake and stones, then south 14 degrees, west fifty-nine rods and one half to a stake and stones, then west 14 degrees, north thirty-nine rods to the first mentioned corner. And hereto set our hands at Wendell this sixth day of June, 1794. Daniel Porter, Nathan Brewer, Francis Walkup.
The Tyrer farm was sold the next November.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"In obedience to the annexed warrant, we have appraised the estate of JAMES TYRER late of Wendell deceased, as follows:
Seventy-two acres of land at 18/- 64 pounds 16 shillings.
1 pine table, 3/, 1 pine case of drawers 10/ 0.13.0
3 chairs 1/, 1 spinning wheel 6/ 0.7.0
6 pewter plates 4/, pewter bason 4/, 1 tin dipper, 8d 0.5.6
1 Iron skillet 1/6, 1 small dish kettle 1/6 0.3.0
1 broken kettle 6/, 1 ax 6/, 2 old axes 4/ 1.2.0
1 shave 1/6, 1 Frow 2/, 2 augurs 2/4, 1 pair compasses 1/ 0.6.10
1 loom and tackling 18/, 1 hammer 1/6, 1 pr. Pincers 1/6 1.1.0
1 grindstone 8/, 1 fire shovel 1/6, 1 pail 1/ 0.10.6
1 sledge 7/6, 1 pickax 5/, some drilling tools 6/6 0.19.0
a scythe & tackling 4/, 1 hog 20/ 1.4.0
72.3.10
And hereto set our hands this sixteenth day of October, 1793.
We also appraise a piece of grain upon the ground at 2 pounds, 2 shillings.
Brot down 72.3.10
Making the whole 74.5.10
Samuel Osgood, Joseph Stevens, Frances Walkup
RUTH was permitted to keep the following articles: the table, the case of drawers (which remains in the family to this day, with descendants of Asa and LUTHER TYRER, in Mineral Point, WI), 3 chairs, the spinning wheel, the pewter plates and basin, the tin dipper, skillet, kettles, the ax, the loom and tackling, the hammer, the fire shovel, the pail, and the hog and all of the grain.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
A List of the Claims brought in against the estate of JAMES TYRAH, late of Wendell, deceased, which were allowed by us the subscribers after examination:
Jonathan Houghton, mortgage L16 (or 6).14.10
Interest on mortgage 2.0.2
Isaac Townsend 6.15.0
Mr. David Whitaker, taxes 1.2.5
Lemuel Leach 0.5.6
Caleb Thayer 0.2.8
Richard Spear 0.3.0
Nathaniel Wilder 0.6.7
William Giles 0.1.8
Dean Nathan Brewer 0.3.0
Joshua Green, Esq. 0.6.5
Asa Goodale 0.11.6
Peter Leach, making coffin 0.6.0
Samuel Osgood, Junior, digging grave 0.3.0
Jonathan Crosbee 0.7.0
Ira Scott 0.2.0
Samuel Osgood 0.11.0
Daniel Porter 0.5.0
William Hubbard 0.6.2
Benj. Stiles 0.9.0
Nathaniel Johnson, Jun-taxes 0.12.9
Ditto for writ and execution 0.3.5
Doctor Asa Merriam 1.2.2
Samuel Kendell, Notes 2.5.5
Solomon Gibbs 4.3.10
Jonathan Houghton, ___, 0.4.8
David Whitaker, cost writ 0.2.0
Simeon Houghton 2.14.0
Daniel Ballard 0.9.8
Major Nathan Peck 1.16.0
Total 44.15.0
Signed Daniel Porter, Samuel Osgood, commissioners Wendell, June 6th, 1794
From: "Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
The estate of JAMES TYRER, deceased, to Joshua Green, Administrator
August 22, 1793-To cash paid at the office for letter of admin.L0.9.0
To my time in going there 0.12.0
August 23 To advertising as administrator 0.9.0
October 16th To administering oath to appraisers 0.1.0
To my time in attending them 0.4.0
Nov. 28 To cash paid at the office for commission insolvency, etc 0.9.2
To my time in going there 0.12.0
To the appraisers service 0.9.0
January, 1794 To cash paid advertising commissioners 0.4.6
March 31st To administer oath the commissioners 0.1.0
April 21st To cash paid at the office for warrant and letter guardian 0.11.0
To my time in going there 0.12.0
June 6th To administer oath to dividers of widow's dower 0.1.0
To cash paid the surveyor for ditto 0.3.0
To my time in attending them 0.3.0
To ditto ditto & expense for commissioners 0.15.0
To the commissioners service 0.12.0
To the dividers service 0.9.0
July 31st To journey to bring in commissioners report, admin's acct 0.12.0
To cash paid at the office 0.6.8
7.15.4
Errors excepted, Joshua Green-administrator
Ebenezer Allen, Jr
E. Porter, Judge of Probate
From: "Hampshire Gazette," issue of Sept. 24, 1794, pg. 4:
"To be sold at public vendue to the highest bidder on Monday, 3d of November next, at 1 o'clock PM, a tract or lot of land lying in the town of Wendell, estimated to contain 72 acres, of James Tyrer, late of Wendell aforesaid, yeoman, deceased. Sale to be on the premises, terms will be made known, at the time and place aforesaid. Joshua Green, administrator. Sept. 1794."
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"To all people to whom these presents shall come: greeting. Know ye that Joshua Green, administrator of all and singular the goods, chattels, rights and credits of JAMES TYRER, late of Wendell in the County of Hampshire and Commonwealth of Massachusetts, Yeoman, deceased; having obtained license of the Honorable Justice of the Court of Common Pleas holden at Northampton on the first Tuesday of September 1794 to sell and convey the real estate of the said deceased subject to the encumbrance of the widow's right of dower therein for the payment of the said deceased's debts and having agreeably to directions of the said Court given due notice of said sale:
"Did on the third day of November 1794, pursuant to the license and notice aforesaid, sell at public vendue to Abner Allen of Wendell, aforesaid yeoman, he being the highest bidder, a tract or lot of land lying in the Town of Wendell aforesaid hereinafter described, being the real estate of the said deceased for the sum of sixty-two pounds, one shilling, which vended premises are described as followeth, viz.:
"Being part of Lot numbered Fifty-Six, lying in the northerly part of Wendell aforesaid near Wicket Pond, so-called, containing seventy-three acres more or less, bounded northerly on Jonathan Crosbee, westwardly on Josiah Wilder, southwardly on Samuel Osgood and eastwardly on Oliver Wendell or however otherwise said lot is bounded or reported to be bounded."
"Therefore, I, the said Joshua Green do by virtue of the power and authority with which I am as aforesaid vested, and in consideration of the aforesaid sum of sixty-two pounds one shilling to me paid by him, the said Abner Allen, the receipt whereof I do hereby acknowledge, have given, granted and sold, and by these presents do give, grant, sell and convey to him, the said Abner Allen, his heirs and assigns forever, the above described premises with all the privileges and appurtenances to the same belonging."
"To have and to hold the same in manner as aforesaid to him the said Abner, his heirs and assigns forever, and the said Joshua Green in my said capacity, do covenant to and with him, the said Abner, his heirs and assigns that the said JAMES TYRER deceased, died seized of the same. That I have good right and lawful authority to sell and convey the same in manner as aforesaid and that I will warrant, secure and defend the same granted to him, the said Abner, his heirs and assigns against the lawful claims of all persons by or under me forever hereafter."
"In witness whereof I hereunto set my hand and seal in my said capacity this third day of November in the year 1794. Joshua Green & seal.
From:"Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:"
"Know all men by these presents, that I, RUTH TYRER, widow and relict of JAMES TYRER, late of Wendell in the County of Hampshire and Commonwealth of Massachusetts, deceased, for and in consideration of the sum of fifteen pounds lawful money, to me the said RUTH TYRER by Abner Allen of Wendell aforesaid, well and truly paid, the receipt whereof I do hereby acknowledge, have revised, released and forever quit-claimed, and by these presents do revise, release and quit-claim unto the said Abner, all and all manner of dower and right and tithe of dower whatsoever which I, the said RUTH now have of, in or out of a certain lot of land numbered Fifty-Six and containing seventy-three acres more or less, lying in the Town of Wendell aforesaid, which was belonging to the said JAMES TYRER, my late husband during the coverture? between him and me, the said RUTH, and at the time of his decease, which lot of land the said Abner hath this day purchased as sold by the Administrator at public vendue. I also relinquish all manner of action or actions, writ and writs of dower or any right or tithe of dower of or in the said lot of land or of or in any part or parcel at any time hereafter shall or may have claim or prosecute against the said Abner, his heirs or assigns. In witness whereof, I have hereunto set my hand and seal, this third day of November, 1794.
RUTH TYRER and seal.
Signed, sealed and delivered in presence of us, Joshua Green and Edward Wendell."
From: "Franklin County Courthouse, MA, Grantee Book," Volume 5, page 551:
The following land was purchased on January 10th, 1793, before JAMES TYRER's death, and it is interesting to note that his father-in-law, JONATHAN GOODALE owned this land bordering on JAMES TYRER's land.
"To all people to whom these presents shall come: Greeting.
Know ye that I, Jonathan Wilder of Sterling in the County of Worchester in the Commonwealth of Massachusetts, gentleman, for and in consideration of the sum of twenty pounds to me in hand, before the ensealing hereof, well and truly paid by JONATHAN GOODALE of New Salem in the County of Hampshire contain 20 acres of the Lot No. 25, it being one half of forty acres which Mr. Israel Moor and I purchased together, it being the south part of said lot bounding as follows: northerly and easterly by Israel Moor's land, and southerly by JAMES TYRER's land and westerly by land of Benjamin Stiles or Ebenezer Lock's land to where it began."
"To have and to hold the said granted and bargained premises, with all the appurtenances, privileges and commodities to the same belonging, or in any wise appertaining to him the said JONATHAN GOODALE, his heirs and assigns forever; to his and their only proper use, benefit and behoof forever. And I, the said Jonathan, for myself, my heirs and executors and administrators, do covenant, promise and grant to and with him, the said JONATHAN GOODALE, his heirs and assigns, that before the ensealing hereof, I am the true, sole and lawful owner of the above bargained premises… etc." Jan. 10, 1793
Did JONATHAN GOODALE purchase this land as a gesture of caring towards his daughter and son-in-law, to ease the future of his farm holdings, or merely as a business investment, upon seeing something in the land that he liked? Why were Deborah Goodale Upton's sons the only ones to inherit his lands? Did he distribute other lands many years previous, when they married, and during the period of the Revolution when deeds were often not recorded?
Interview with Gerald Elsmere Fieldhouse by William G. Tyrer, at the Fieldhouse residence in Dodgeville, WI on 8 Aug. 1983:
"Yes, I have seen a copy of the records, the ones in the Congregational Church there in Wendell, MA. Wendell is a, well, I never could see why James had so little land there. [His land was on Wickett Pond.] I think it was only about 10 acres. [It was 73 acres.] You talk about his clearing the land. If he worked from then until now, he wouldn't have that land cleared. I have never seen anything like it. Rocks. It is the most forsaken place, boulders. Out there, when they build a village, they just go out to the edge of the forest, and it stops dead. In fact, the orchards are on top of the mountain. You go in with big bulldozers and push the rocks back. It is terrible. It's not farmed at all now. It's just woods. It's just woods. There's little villages and dense woods."
"They [the rest of the family] didn't stay in Wendell long. The whole family moved on to New York, in Broome County. [Only Asa's family moved to Broome County. Two other brothers and a sister moved to Erie County, two sisters married and stayed in Franklin County, and the whereabouts of the two remaining brothers is unknown at this time (2010)]. There's no records, no cemetery, or anything, in the period when James died. They hadn't started any cemetery. ['No cemetery' is correct, but we now know about the courthouse and church and newspaper accounts of his death.]"
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