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Thursday, March 24, 2016

Division of the Real Estate of Benjamin Doty, Deceased, County of Sussex, New Jersey, August 1812



Today I’ll tell you about 5th Great Grandfather Benjamin Doty and his lands in Wantage, Sussex County, New Jersey.

Before I discuss the division, let me give you a little background. Benjamin was born about 1735 in Middlesex County, New Jersey to 6th Great Grandparents Benjamin and Rachel Doughty. Although 5th Great Grandfather was born in New Jersey, his parents also lived for a time in Orange County, New York. He married about 1758 to Mary. Some Doty researchers suggest Grandmother’s full name was Mary Bush. That could be true; I haven’t yet found the documents to prove it. I don’t know when 5th Great Grandfather settled at Wantage but believe the family was Sussex County residents by the 1790’s.

Benjamin Doty died in 1802. His widow and son, Isaac Doty, administered his estate. It turns out there wasn’t enough money in Great Grandfather’s personal estate to pay his debts.

So Great Grandmother Mary and Isaac got permission from the Sussex Orphans Court to sell land to cover the debts. Benjamin had purchased two parcels a few years earlier. James and Mary Rosecrants sold about 88 acres to Benjamin May 6, 1800 which would be bought by Birdseye Watkins in 1806.

A day after Great Grandfather bought the 88 acres from the Rosecrants, he acquired roughly 79 acres from James and Sarah Northrop May 7, 1800. Seventy two acres of the tract remained in the Benjamin Doty estate and this is the property that would be divided among his children.

Timothy Doty presented an application to the Sussex Orphans Court May 26, 1812 requesting a division of his father’s estate among the heirs. The Court approved, and the Division was presented in Court August 18, 1812.

The partitioning identified Benjamin’s thirteen children, both living and dead:

            Benjamin Doty assigned Lot 1 containing 5 acres
            Jacob Doty assigned Lot 2 containing 7 ¼ acres
            Timothy Doty assigned Lot 3 containing 5 acres
            Nathaniel Doty assigned Lot 4 containing 7 ¼ acres
            Archelous Doty assigned Lot 5 containing 3 ½ acres
            Abner Doty assigned Lot 6 containing 7 ¼ acres
            Ephraim Doty assigned Lot 7 containing 6 ½ acres
            John Doty assigned Lot 8 containing 9 ¾ acres
            Willet Doty assigned Lot 9 containing 6 ¾ acres
            Isaac Doty assigned Lot 10 containing 9 ¾ acres
            Sarah (Doty) Patterson assigned Lot 11 containing 2 ½ acres
            Mary (Doty) Everett assigned Lot 12 containing 2 ½ acres
            Phebe (Doty) Hunt assigned Lot 13 containing 2 ½ acres

What prompted a land division ten years after Benjamin Doty passed? When Timothy Doty approached Sussex Orphans Court, his mother and three of his brothers were already deceased. Benjamin and Mary’s son, Abner Doty, died in 1798. Great Grandmother Mary died by October 1811 according to an inventory submitted to Court. My ancestor, Isaac Doty, passed in 1811 and his brother, Willet Doty, died in 1812.

I’m assuming Abner, Isaac and Willet’s families received money for their shares but I couldn’t find deeds to verify it. Ephraim Doty wanted his father’s lands. As early as Feb. 3, 1813 Ephraim bought Lot 12 from Mary (Doty) and Nathan Everett.  In 1814 and 1815 he acquired Nathaniel, Jacob and John’s portions. Timothy, Benjamin, and Archelous sold Ephraim their lots in 1816. [Sussex Co., NJ Deed Book I 2, pages 70-77]

I visited the Sussex County Surrogate Court, Newton, NJ and viewed the Estate Division in Divisions Book B, pages 28-32. Ancestry.com and Familysearch.org have digitized copies on their web sites as well. Here are images of pages 28-32 followed by a transcription I prepared.

Sussex County Surrogate Court, Newton, New Jersey, Division Book B, pages 28-32
  
Benjamin Doty, Sussex Co., NJ Real Estate Division, pgs 28-29

Benjamin Doty, Sussex Co., NJ Real Estate Division, pgs 30-31


Benjamin Doty, Sussex Co., NJ Real Estate Division, pg 32 

Top portion of page 32
Note: Lot No. 6 allotted to Abraham Doty on map;
No doubt this was meant to read Abner Doty

Division of the Real Estate
of Benjamin Doty  deceased

In pursuance of a Decree of the Orphans Court for the county
of Sussex made in the Term of May last past appointing us the
Subscribers Commisioners for dividing the Real Estate of Benjamin
Dotey deceased, in the county of Sussex, between Isaac Dotey
Benjamin Dotey Abner Dotey Nathaniel Dotey Timothy
Doty John Doty Archelous Dotey Ephraim Doty Willet Dotey Jacob Doty
and Sarah Patterson, late Sarah Dotey Mary Everett, late Mary Doty and
Phebe Hunt, late Phebe Dotey his heirs at Law:  We do report to the Judges
of the said Orphans Court that we have made division of the Dec'ds Real Estate
between the said Isaac Dotey, Benjamin Dotey Abner Dotey Nathaniel Dotey
Timothy Dotey John Doty Archelous Dotey, Ephraim Doty Willet Dotey and Sarah
Patterson late Sarah Dotey Mary Everitt late Mary Dotey and Phebe Hunt
late Phebe Dotey, according to the act entitled an act to alter the law
deciding the ______ of Real estates, passed the 24th day of May 1780 and
have ascertained each ones share by metes and bounds as followeth, that  is to
Say

1  We have assigned and set off unto the Said Benjamin Dotey in seve-
rality the lot meadow and numbered in the Maps No. 1 being a part of a tract
of seventy two acres and thirty three hundredths situate on the west side of the
Drowned lands in the township of Wantage and county aforesaid, both sides
of the great road that leads from Abraham Wallings to Bartholfs Mill,
Beginning at a head of stones laying in the South east edge of the
great road aforesaid and in the North east line of the _____ track. Sou
heap of Stones is also the beginning corner of Lot No. 2 Said Lot No. 1 lays
on the North West side of the great road, thence running from said heap of
stones 1. South forty three and a half degrees West three chains and ten
links to a heap of stones in said road, thence 2 North Seventy two and a
half degrees West fifteen chains and ten links to a heap of stones ___
line of the entire tract thence 3. North thirty three and a half degrees east
three chains and thirty links to a heap of stone the fifth corner of the whole
tract thence 4. South Seventy two and a half degrees East fourteen chains
and forty links to the 4th corner of the whole tract, thence 5 South fifty
and forty links to the 4th corner of the who tract, thence 5 South fifty-
four and a half degrees East One chain and sixty links to the beginning
containing five acres be the same more or less.

2.Unto the Said Jacob Dotey we heirs assigned and set off in sever-
alty the lot marked No. 2 Situated on the South East side of the great
road aforeaid. Beginning at a heap of stones on the South east side of the a-
foresaid ___, said heap of stones is also the beginning corner of lot No. 1
thence running by said road. 1. South forty three degrees and a half West
five chains, to a Stone planted in said road, thence 2 South fifty-
four degrees and a half East fifteen chains and eighty links to a
heap of sontes thence 3. North thirty eight Degrees and a half East four
chains and seenty five links to the third corner of the entire tract,
thence 4 North fifty four degrees and a half West fifteen chains and
forty links to the beginning containing Seven acres and a quarter
to be the same more or less

   Unto the Said Timothy Dotey we have assigned and set off in severalty the
lot marked No. 3 Situate on the North west side of said road, Beginning at a
heap of stones in said road being the 2nd corner of lot No. 1. Thence running along said
Lot 1. South forty three Degrees and a half West three chains and sixty links to
a heap of stones, thence 2 North Seventy two Degrees and a half West fourteen
chains and thirty links to the fourth corner of lot No. 5. Thence 3. North thirty seven
Degrees and a half East three chains and forty links to a heap of stones in the third
corner of lot No. 1. Thence 4 Seventy two Degrees and a half East fifteen chains and ten links to the beginning containing five acres be the same more or less.

   Unto the Said Nathaniel Dotey we have assigned and set off in severalty
the lot marked number 4. Situate as the South East side of the great road. Begin-
ning at a heap of stones lying on the South East side of said road being the fourth
corner of lot No. 2. Thence 1. South fifty four degrees and a half East fifteen chains
and eighty links to a heap of stones in the 3rd corner of lot No. 2. Thence 2 South thirty
eight degrees and a half West four chains and fifty links to a heap of stones
Thence 3. North fifty four Degrees and a half West Sixteen chains and twenty
links to the beginning corner of lots No. 6 and 7 Thence 4 North forty three Degrees and
a half East four chains and sixty links to the beginning containing Seven
acres and a quarter be the Same more or less.

   Unto the Said Archelous Dotey we have assigned and set off in Severalty
the lot marked No. 5 Situated on the North West side of said road Excluding
the house. Beginning at the second corner of lot No. 3. being a heap of stones
on the South East side of said road, thence running by said road 1. South fifty three
degrees and a half West two chains and eighty two links to a flat rock and heap
of stones the beginning corner of lots No. 6 and 7 thence 2. North seventy two
degrees and a half West thirteen chains and fifty links to a heap of stones in
the fifth corner of lot No. 7. Thence 3. North thirty degrees and a half East
two chains and sixty links to a heap of stones the 3rd corner of lot No. 3. Thence
4. South Seventy two degrees and a half East fourteen chains and thirty
links to the beginning containing three acres and a half be the same
more or less.

   Unto the Said Abner Dotey we have assigned and set off in
Severalty the lot marked No. 6. Situated on the East side of the road Be-
ginning at a ____ rock and heap of stones being the 4th corner of lot No. 4
the second corner of lot No. 5 and the beginning corner of lot No. 7. Thence
running 1. South fifty four degrees and a half East sixteen chains
and twenty links to a heap of stones the third corner of lot No. 4 Thence 2
South, thirty eight degrees and a half West four chains and forty links
to a heap of Stones thence 3. North fifty four degrees and a half West
sixteen chains and forty links to the beginning corner of lot No. 8 thence 4
North twenty nine degrees and a half East eighty eight links to a ches-
nut tree thence 5 North forty three degrees and a half East three chains
and fifty links to the beginning containing seven and a quarter acres
be the Same more or less.

7.   Unto the said Ephraim Dotey we have assigned and set off in severalty
the lot marked No. 7. Situated on the North west side of the great road be-
ginning at a ____ rock and heap of stones being the beginning corner of Lot No. 6
and the fourth corner of lot No. 4 and the second corner of lot No. 5. Thence 1. South
forty three degrees and a half West three chains and fifty links to a chesnut tree
Thence 2 South twenty second degrees and a half West two chains and eight
links to a Hickory Saplin the beginning corner of lot No. 9 thence 3. North
Seventy two degrees and a half West thirteen chains and ten links to a heap
of stones Thence 4. North thirty degrees and a half East five chains to the third
corner of lot No. 5. Thence 5 South Seventy two degrees and a half East thirteen chains
and fifty links to the beginning containing Six acres and a half be the Same
more or less.

8.  Unto the Said John Dotey we have assigned and set off in Severalty
the lot marked No. 8 Situated on south east side of said road. Be-
ginning at a heap of stones standing on the South east side of said Road
Said heap of stones is also the fourth corner of lot No. 6 thence running
1 South fifty four degrees and a half East sixteen chains and forty links to a
heap of stones the third corner of lot No. 6. Thence 2 South thirty eight and a
half degrees West Six chains and ten links to a heap of stones thence 3.
North fifty four degrees and a half West fifteen chains and forty links to a
heap of stones thence 4. North twenty nine degrees and a half East Six chains
and Seventy links to the beginning, containing nine acres and three quarters be
the Same more or less.

9.  Unto the Said Willet Dotey we have assigned and set off in severalty
the lot marked No. 9 Situated on the North west side of said road. Begin-
ning at a Hickory Sapling marked on four sides with a blaze and two
notches, Standing on the South east side of the road being the third corner of
lot No. 7. Thence 1 South twenty nine degrees and a half West four chains
and five links to a heap of stones thence 2 North Seventy two Degrees and a half
____ thirteen chains and ten links to the fourth corner of lot No. 11 thence 3
North thirty degrees and a half East four chains and forty links to the fourth
corner of lot No. 7. Thence 4 South Seventy two degrees and a half East thirteen
chains and ten links to the beginning, containing six acres and three
quarters be the Same more or less.

10.  Unto the Said Isaac Dotey we have assigned and set off in severalty
the lot marked No. 10 Situated on the South east side of said road begin-
ning at a heap of stones being the fourth corner of lot No. 8 thence running
by the same 1. South fifty four degrees and a half East fifteen chains
and forty links to a stake and stone the third corner of lot No. 8 thence
2 South thirty eight degrees and a half west four chains and seven
links to the Second corner of the entire tract which this is a part of thence
3 North Seventy degrees West fourteen chains and eighty links to a heap
of stones at the road then 4 North twenty nine degrees and a half East Eight
chains and eight links to the beginning containing nine acres and three 
quarters be the Same more or less.

   And unto the said Sarah Patterson, late Sarah Dotey, we have assign-
ed and set off in Severalty the lot marked No. 11 Situated on the North west side of said
road. Beginning at a heap of stones being the second corner of lot No. 9. Thence 1. South twenty nine degrees and a half West two chains and sixty links to the beginning corner of lot No. 12 Then 2. North Sixty seven degrees West thirteen chains to the sixth corner of the whole lot thence 3. North thirty degrees and a half East one chain and forty links to the third corner of lot No. 9. Thence 4. South seventy two degrees and a half East thirteen chains and ten links to the beginning containing two acres and a half be the Same more or less.

   Unto the said Mary Everett, late Mary Dotey we have assigned and set off in Severalty
the lot marked No. 12. Situated on the North west side of said road. Beginning at a heap of stones being the second corner of lot No. 11. Thence 1 South twenty nine and a half degrees West four chains to a heap of stones Thence 2 North forty seven degrees and a half West thirteen chains and thirty links to the sixth corner of the whole tract thence 3 South Sixty Seven degrees East thirteen chains to the beginning containing two acres and a half be the Same more or less

   And unto the Said Phebe Hunt, late Phebe Dotey we have assigned and set
off in severalty the lot marked No. 13. Situated on the North west side of said road beginning at a heap of stones being the second corner of lot No. 12. Thence 1. South twenty nine degrees and a half East two chains and forty five links to a heap of stones the 4th corner of lot No. 10. thence 2 North Seventy degrees West three chains and fifty links to a heap of stones the beginning corner of the entire tract thence 3. North twenty nine degrees West eleven chains and twenty links to a heap of stones thence 4 South
forty seven and a half degrees East thirteen chains and thirty links to the beginning
containing two acres and a half more or less

   And we do further certify and report that the foregoing are all the land
and Real Estate of the said Benjamin Dotey deceased in the county of Sussex
known unto us whereof we could make division. In witness whereof we have here-
unto set our hands and seals this fourteenth day of August 1812.
                                                            George Backster
                                                            Robert Carr
                                                            Moses Dewitt
   Filed in the Sussex County Surrogates Office August 18. 1812, presented to
the Comrs. approved and ordered to be recorded
        Recorded June 13, 1835
        _______ Surrogate





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