William & Mary Herman to George Kaylor
This Indenture this third day of July In the year of our Lord, One Thousand eight Hundred And thirteen, Between William Herman & Mary his wife, Both of the county of Lincoln and State of North Carolina of the one part And George Kaylor of the county and State aforesaid of the other part witnesseth That the aforesaid William Herman and Mary His wife, For in Consideration of the sum of Twelve Pounds Lawful money of the aforesaid State to them in hand paid at and before the sealing and delivery of These presents, The Receipt and payment whereof is hereby Acknowledged Have Granted Bargained Sold Aliened enfecoffed and confirmed And by these Presents Doth well and confirm unto the said George Kaylor and to his Heirs and Assigns for ever All that part of Land or Dividend of Land of where we became possessed of by Law in the Personal Estate of Henry Kaylor deceased it being Confirmed In the following Courses to wit Beginning at a Hickory at the corner of Shells? field and runs North Sixty Six Degrees west one hundred and eleven poles to a post of whiteoaks Thence North two Hundred and twenty three poles to a Black Oak Thence, East one Hundred and forty one poles to a white Oak Thence south two Hundred and sixty eight poles to a Blackoak Thence West Forty four to the Beginning Portaining by Computation about Twenty three Acres by the same more or Less it being of a Tract of Land formerly Granted to James Hannan by a States Grant bearing Date the one & the 20th 1782 Nor 488 - Together with all ??? water mines minerals? ??? ??? To the said Sons’s belonging or in any wise Appertaining to have and to hold the aforesaid Twenty three Acres of Land and all and Singular other the premises hereby Granted or Intended to be granted to The said George Kaylor and to his Heirs and Assigns for ever And the said William Herman and Mary, his wife, for Himself themselves their Heirs Executors and Administrators doth hereby promise Covenant and Agree that they the said William Herman & wife their Heirs Executors and Admins Shall warrant and forever Defend the above mentioned promises to the said George Kaylor his heirs and Assigns Against all Lawful Claims and demands Whatsoever Whereby the said promises might or may be affected or Incumbered Contrary to the true Intent and meaning of these presents in writing? Whereof the Said William Herman and Mary his wife have hereunto Set their Hand & seals the day and year above written.
William Herman (his mark)
Mary Herman (her mark)
Signed sealed & Delivered
in the presence of us
(By 1826 the transaction still had not been consumated, and it was ordered by the court that Mary Herman be examined seperate and apart from her husband to determine if she still wanted to sell the land to her brother, George Kayler.)
State of North Carolina, Lincoln County ???
Ordered by Court that Daniel Hoke Efger Am of the Justices of Said County be appointed to Examine Mary Herman wife of Wm Harmon(Hermon) Separate & apart from her Said husband whether she doth voluntarily appoint to the Executor of the within deed of Conveyance to George Kaylor, Sr?
Agreeably to the above Order of the County Court of Pleas & Quarter Sessions held for Lincoln County April Session 1826, I do hereby Certify that I have ???? examined Mary Harmon Separate ?? paid from her husband William Harmon respecting her Executory the within Deed of Conveyance together with her Said husband, who said & Acknowledged that She had freely & Voluntarily Executed Said Deed to George Kaylor without restraint or compulsion by her Said husband that this doth voluntarily assert thereto Given Under my hand this 26th April 1826.
State of North Carolina
April Session 1826
The written Deed of Sale was acknowledged in open Court Recorded & Ordered to be Registered.
Witness Vardry McBee cc
State of North Carolina
The within Deed of Sale was duly Registered in the Registers Office of Lincoln County the 18th day of July AD 1826, In Book No. 31 - Page 695 to 696.
W.M. Wilson - Register
William & Mary Herman
to George Kaylor