Age of House
Ownership of the Barrett-Byam Homestead at 40 Byam Road on the Chelmsford Historical Commission website is incomplete. A deed recorded at the Middlesex North Registry is missing from that list. The following findings are based on research conducted by Theresa Lemir. She was a member of the Chelmsford Historical Society during the 1970s and 1980s.
The missing deed was written in 1700. Thomas Barrett Jr. granted his son-in-law John Swallow 30 acres and a dwelling house at the Homestead. This deed clearly documents the existence of a dwelling house located on the homestead prior to 1700. Oliver Barrett sold the homestead to Dr. Jonas Marshall in 1767. That deed also refers to a dwelling house. These records refer to the same house, located on the current site of the Barrett-Byam homestead.
The 1700 deed is an important piece of the puzzle for two reasons:
- It provides proof that a house existed on the homestead before 1700
- It offers a glimpse into the dispute that existed between the Barrett brothers, Thomas Jr. and Joseph
Thomas Barrett Sr. and his son, Thomas Barrett Jr., purchased the homestead from James Parker in 1663. They were equal partners, each owning one-half of the homestead, as stated in the deed. When Thomas Barrett Sr. wrote his will in 1664, he left his one-half share to another son, Joseph. A condition was that Joseph would compensate his two brothers Thomas Jr. and John. John already owned a homestead in the Great Brook section of town.
Chronology
1664: Thomas Barrett Sr. writes his will, leaving his half of the homestead to his youngest son, Joseph. He was to pay brother John five pounds a year for four years and brother Thomas Jr. twenty shillings. Payments to be completed within four years of the death of the surviving parent, Thomas Sr. or wife Margaret.
1668: Thomas Barrett Sr. dies. (1)
1681: Margaret Barrett dies.
1686: Payments from Joseph to his brothers comes due. (2)
1687/1688: Thomas Barrett Jr. declares himself the sole owner of the homestead. (3)
1687/1688: Thomas Barrett Jr. sells or gives 22 acres to his son Moses. (4)
1700: Thomas Barrett Jr. deeds 30 acres and the dwelling house to his son-in-law, John Swallow. (5)
1711: Joseph Barrett Sr. wills all of his Chelmsford land holdings to his son,. Joseph Jr., and one-third to his widow, Mary. (6)
1712: Moses Barrett Sr. deeds all of his Chelmsford holdings to his son, Thomas Barrett III. (7)
1744: Joseph Barrett III deeds the homestead to Oliver Barrett of Concord. (8)
Conflict
There are two broken links in this chain. Thomas Barrett Jr. declared himself the sole owner of the homestead in 1688, six years after Margaret’s death. As Joseph had failed to fulfill the conditions of the will, Thomas Jr. divided the property among his family:
- Granted 22 acres to his son Moses.
- Granted 30 acres, along with the dwelling house, to his son-in-law, John Swallow.
This division certainly made it more difficult for his brother Joseph to assert ownership.
The second break occurred when Joseph Barrett III sold the homestead to Oliver Barrett of Concord, Massachusetts, in 1744. Thomas Barrett III believed that he owned the homestead. It had been deeded to him by his father, Moses Barrett Sr., in 1712.
Joseph III was the grandson of Joseph Barrett and the son of Joseph II. His widowed mother, Mary, was granted one-third ownership of the homestead in Joseph II’s will. Joseph III served as executor of that will beginning January 3, 1711. Mary Barrett was appointed administrator in a probate bond dated June 28, 1742. Both appeared before the Middlesex County Probate Court to settle Joseph II’s estate.
Resolution
The dispute over the homestead between Joseph Barrett and his brother Thomas Barrett Jr. continued throughout their lives. It extended to their sons, Joseph II and Moses Barrett Sr., respectively. Middlesex County Probate Court determined that the homestead rightfully belonged to the descendants of Joseph Barrett. The court concluded that Thomas Barrett Jr. was not justified in declaring sole ownership of the homestead.
References:
(1) Genealogy of the Descendants of Thomas Barrett Senior of Braintree, MA, p. 10
(2) Last Will and Testament of Thomas Barrett Sr. (Will #1270)
(3) Middlesex Registry of Deeds North, Book 3, p. 48
(4) Middlesex Registry of Deeds North, Book 3, pp. 48, 54
(5) Middlesex Registry of Deeds North, Book 1, p. 175 (5)
(6) Source: Will #1222
(7) Source: Middlesex Registry of Deeds North, Book 1, p. 347
(8) Source: Middlesex Registry of Deeds North, Book 5, p. 457