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History of Northampton, Massachusetts, from its settlement in 1654;

History of Northampton, Massachusetts, from its settlement in 1654;

History of Northampton, Massachusetts, from its settlement in 1654;

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1783-1788.] MAJOR JOSEPH HAWLEY. 545<br />

were about eight liundred acres, and <strong>in</strong> Nortliampton, Eastliampton<br />

and Southampton, between one and two hundred<br />

more. He gave to the " Inhabitants <strong>of</strong> <strong>Northampton</strong> my<br />

land purchased <strong>of</strong> Joseph Allen, part <strong>of</strong> Thomas Allen's<br />

home lot, <strong>from</strong> K<strong>in</strong>g Street to Blackpole way, 2 rods wide<br />

upon condition the said <strong>in</strong>habitants shall cont<strong>in</strong>ue the way<br />

and common open <strong>from</strong> Uncle Ebenezer's barn to John<br />

Clark's home lot. Also my land south <strong>of</strong> Pelham that<br />

came to me <strong>from</strong> my mother." In addition he gave to the<br />

town "the lands that were Uncle Ebenezer Hawley's."<br />

This embraced six lots <strong>in</strong> the meadows, the home lot on<br />

Hawley Street, five lots <strong>in</strong> the different divisions <strong>of</strong> the<br />

commons, and others <strong>in</strong> Easthampton and Southampton.<br />

Ebeuezer Hawley's The real estate <strong>of</strong> Ebcuezer Hawley came<br />

Property. ^q i^jjji <strong>from</strong> liis father, the first Joseph<br />

Hawley. Ebenezer gave it all to his neph-<br />

ews, Joseph and Elisha, and if they died without issue to<br />

the children <strong>of</strong> his brothers Samuel and Thomas. But <strong>in</strong><br />

1783, Major Hawley, by a process <strong>of</strong> law ("law quirk,"<br />

Sylvester Judd calls it), had the entailment to his cous<strong>in</strong>s<br />

set aside. Samuel Clarke demanded <strong>of</strong> Joseph Hawley the<br />

estate <strong>of</strong> his Uncle Ebenezer, obta<strong>in</strong>ed it, and then deeded it<br />

back to Joseph Hawley.<br />

Lawsuit to Recover Moses Hawley <strong>of</strong> Amherst, son <strong>of</strong> Samuel,<br />

the Real Estate. ^ud cousiu <strong>of</strong> Josepli, brouglit suit agaiust<br />

the town <strong>in</strong> 1788, to recover the real estate<br />

<strong>of</strong> his Uncle Ebenezer. He claimed to have been " seized<br />

<strong>of</strong> the demanded premises <strong>in</strong> his Demesne as <strong>of</strong> Fee and<br />

Right," with<strong>in</strong> thirty years. The pr<strong>of</strong><strong>its</strong> there<strong>of</strong> he<br />

asserted were worth £10 per year, and he demanded damages<br />

to the amount <strong>of</strong> £1500. At a meet<strong>in</strong>g, held <strong>in</strong> December,<br />

1788, Caleb Strong, Samuel H<strong>in</strong>ckley, and Joseph<br />

Clarke, were appo<strong>in</strong>ted agents <strong>of</strong> the town to defend the<br />

suit. It came to trial <strong>in</strong> 1789, result<strong>in</strong>g <strong>in</strong> favor <strong>of</strong> the<br />

town.<br />

The Town Accepts The liomestcad <strong>of</strong> the first Joseph Hawley<br />

the Gift. on Hawley Street was part <strong>of</strong> the property<br />

bequeathed to the town, and at the December<br />

meet<strong>in</strong>g a movement was made to obta<strong>in</strong> a vote for

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