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Sumner County, Tennessee

CWP Miscellaneous Deed Book, Vol: 1859 - 1869

(Pages 131 - 140)

Transcribed and submitted by: Jan Johnson Barnes & Linda Carpenter

Source: TSLA Microfilm Roll# 340

(Page 131)

the above indebtedness & is to be void if I should pay off the same by the 1st Jany 1853. But in case of failure that sd. Guild as Trustee is hereby authorized to sell the same after giving thirty days notice in some newspaper & by hand bills, at public auction & apply the proceeds to the payment of sd. debts & the balance if any to me after paying the expenses of this Trust April 11th 1861.

James Glover

State of Tennessee, Sumner County

Personally appeared before me John L. Bugg Clerk of the County Court of said county James Glover the bargainor with whom I am personally acquainted and who acknowledges that he made & executed the foregoing Deed of Trust for the purposes therein contained.  Witness my hand at office this 16th of April 1861.  John L. Bugg Clerk

Rec'd for registration April 16th 1861 at 3 Oclock P. M.  Registered and examined this 17th of April A. D. 1861.  R. D. Moore Regr. S. Cty. By Thos. Donoho Dep. Regr.


Roaney, S. T. To John Groves - Agreement

We John Groves and Seaton T. Roaney bind ourselves in the sum of five hundred dollars conditioned as follows.  Whereas the Deputy Surveyor was making a procession survey of said Roaney's land and a part of the North boundary line was contested by said Groves The Surveyor summoned & qualified the following jury to settle the line in dispute, E. H. C. Sarver. S. J. Johnson, Sherrod Hunter, J. M. Johnson, Henry Fulgum, Calvin Hunter, W. G. Pond, B. F. Johnson, H. M. Bradley, John Winn, E. M. Durham, Valentine Gates.  They decided that the line should run straight from what is acknowledged to be Geo. L. James's corner to Hampton Garrison's corner.  We are bound to regard abide by & act up to that line as located and settled forever.  And in case of failure of either party the party so filing or forfeiting shall be liable on this bond and the other party may recover the amount of this bond.  This April 5th 1861.

John Groves

S. T. Roaney

Witnesses  

Wm. Harper

Hampton Garrison

Rec'd for registration at 3 Oclock P. M. 20th April 1861.  Registered and examined this 26th day of April A. D. 1861.  R. D. Moore Regr. S. Cty. By Thos. Donoho Dep. R.


Chambers, Ellen - Deed of Trust

This indenture made this twenty fifth day of June A. D. one thousand eight hundred and Sixty between Ellen Chambers formerly of Mercersburg in the County of Franklin and State of Pennsylvania now of Philadelphia, single woman, of the first part and Rev. Henry B. Bonde of Gallatin State of Tennessee of the second part. Whereas Arthur Chambers now deceased late of Mercersberg aforesaid and father of the said Ellen Chambers, in and by his last will and testament duly signed published and declared, and bearing date the ninth day of September A. D. one thousand eight hundred and thirty eight did among other things devise and bequeath as follows  "And as touching the residue and remainder of my estate of whatever kind or nature the

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same may be, I order and direct that equal distribution be made share and share alike among all my children, at the death of my said wife or in event of her death, when my youngest child shall have attained the age of twenty one years, the legal heirs and representatives of any of my children, who shall have died between the time of my decease and the time of such division or distribution, to be entitled to such share or shares as their respective ancestors would have been entitled to receive if they were living" and whereas Elenor C. Chambers the wife of the said Testator Arthur Chambers is also now deceased and reason thereof and of the said devises and bequests of the said Testator in his said last will and testament contained certain Estates, interests, and rights in and to the said property so as above bequeathed and devised by the said testator have become vested in the said Ellen Chambers one of the children of the said Arthur Chambers the testator aforesaid; and whereas also the said Ellen Chambers is seized and possessed of other property of various kinds, and whereas a marriage is intended by divine permission, shortly to be had and solemnized between the said Henry B. Bonde and the said Ellen Chambers.  Now this Indenture witnesseth that the said Ellen Chambers, by and with the full and free consent and desire of the said Henry B. Bonde her intended husband, evidenced by his signing and sealing this indenture and by his acceptance of the trusts hereinafter declared, in consideration of the said intended marriage and for settling and assuring to the uses hereinafter mentioned as well the estate of the said Ellen Chambers vested or to be vested in her by force and virtue of the above recited clauses in the last will and testament of her said Father Arthur Chambers, as all her other estate real personal mixed whatever and wherever the same may be and also in consideration of one dollar to her in hand paid by the said Henry B. Bonde at the time of the execution hereof the receipt whereof is hereby acknowledged hath granted bargained sold, aliened enfcoffed? released and confirmed, assigned transferred and set over and by these presents doth grant bargain sell, alien, enfcoff, release and confirm, assign transfer and set over unto the said Henry B. Bonde her said intended husband , and the heirs, executors, administrators, and assigns of the said Henry B. Bonde all and singular the lands tenements and hereditaments, messuages, lots of ground, monies, securities, and all other estate, real, personal and mixed whereof the said Ellen Chambers is seized possessed of, interested in, or entitled to either in

(page 133)

law or equity, in possession, reversion remainder, or expectancy, or otherwise howsoever, with the appurtenances and all the estate, right title and interest property claim and demand whatsoever of her the said Ellen Chambers of in and to the same.  To have and to hold all and singular the hereby granted and assigned premises with the appurtenances unto the said Henry B. Bonde his heirs executors administrators and assigns. In trust nevertheless to such uses, and upon such trusts, and to and for such interests and purposess as are hereinafter mentioned, expressed, and declared of and concerning the same, that is to say in trust for the use of the said Ellen Chambers until the solemnization of the said intended marriage and from and after the solemnization thereof in trust for the sole and separate use of the said Ellen Chambers her heirs and assigns forever; and the said Ellen Chambers shall have power during her lifetime to sell, convey, assign, lease exchange mortgage or otherwise dispose of the said estate in such manner and by such conveyances and assurances and to receive such securities therefor, and to receive take use and dispose of the rents profits, proceeds, interest, increase and income thereof of what nature soever the same may be as full freely and entirely as if she were sole and unmarried and without any control, coercion or interference on the part of her said intended husband, and by her last will and testament or instrument in the nature of a last will and testament, to direct limit and appoint to what uses the said estate or so much thereof as she shall then be possessed of or entitled to shall issue after decease.  So always that the said estate hereby granted, conveyed and assigned and every part and parcel thereof shall be and remain under and subject to the uses and limitations and conditions hereinbefore mentioned, declared and provided, and shall always be deemed, taken and adjudged as a separate and distinct Estate, apart and separate from the estate the said Henry B. Bonde and shall not in any event be subject and liable to him or to the payment of any of his debts or liabilities present or future.  Provided always and it is hereby declared and agreed that the true meaning and intent of these presents and of the parties hereto is that it shall and may be lawful to or for the said Ellen Chambers notwithstanding her coverture at any time or times hereafter by one or more indenture or indentures, or by her last will and testament in writing

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or by any writing in the nature of a last will and testament to alter, change, revoke, determine and make void all and every or any the estate or estates use or uses before by these presents limited and appointed and that from and such alteration, change, revocation, determination or making void thereof or any part thereof then these presents shall be and enure for and concerning, the said  premises or so much thereof as whereof such alteration, change, to such other use and uses, and to the use of such other person or persons, and for such Estate and estates and in such sort manner and form as the said Ellen Chambers by the same or by any other indenture or indentures or by her last will and testament in writing or instrument in nature thereof, shall declare, limit and appoint, and in default of such limitation or appointment then to the uses, intents and purposes herein before these presents mentioned expressed and declared; and for no other use intent or purpose whatsoever, and the said Henry B. Bonde for himself his heirs Executors, administrators and assigns doth hereby convenant, promise, and agree to and with the said Ellen Chambers her heirs executors administrators and assigns that he the said Henry B. Bonde shall not and will not at any time hereafter directly and indirectly, obstruct or defeat the uses and estates herein before limited and declared or any future revocation or change of the same , or any declaration or appointment of other uses, which her deed or deeds of indenture or by her last will and testament in writing or instrument in nature thereof, agreeably to the tenor and true intent and meaning of these presents.  In witness whereof the parties have hereunto set their respective hands and seals the day and year first above written.

Ellen Chambers (Seal)

Henry B. Bonde (Seal)

Sealed and delivered in presence of us

Alexr. Martin

M. F. Lind

Wm. W. Chambers

I accept the trusts declared in the foregoing deed.

Henry B. Bonde (Seal)

State of Pennsylvania

City of Philadelphia

Be it remembered that on the twenty fifth day of June A. D. one thousand eight hundred

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and sixty before me the subscriber an alderman of the city of Philadelphia & Ex. offices a Justice of the Peace personally appeared Ellen Chambers and Henry B. Bonde the parties to the foregoing indenture who in due form of law, severally, each for himself and herself acknowledged the foregoing indenture to be their and each of their act and deed and desired that the same might be recorded as such.  In testimony whereof I have hereunto set my hand & seal the day and year aforesaid.

Alex. Martin Aldm.  (Seal)

Pennsylvania

Franklin County SS

Entered in the office for recording deeds and in and  for said county June 30th 1860 & recorded in record of Book Vol. 34 page 123.

In testimony whereof I have hereunto set my hand and affixed the seal of said office at Chambersburg this 30 day of Sept. 1860.

Geo. W. Forns Recorder

Rec'd for registration 13th May at 8 oclock A. M. 1860.  Thos. Donoho dep. Regr.

Registered and examined this 10th July 1861.  R. D. Moore Regr. S. Cty. By Thos Donoho Dept. Regr.


Heaven, Daniel To Thomas Brogan - Bill of Sale

For and in consideration of two hundred and forty dollars and fifty cents to me paid, the receipt thereof being hereby acknowledged I have this day bargained and sold and do hereby transfer and convey to Thomas Brogan one bay mare, two plows and two set of plowing harness also twelve head of hogs consisting of two sows and pigs and also my crop of oats and corn now growing on a farm belonging to Patrick Duffy witness my hand and seal  May 3rd 1861.

Daniel Heaven

J. P. Halliburton

W. R. (his mark) Carr

State of Tennessee, Sumner County

Personally appeared before me John L. Bugg Clerk of the County Court of said county Daniel Heaven the bargainor with whom I am personally acquainted and who acknowledged that he made and executed the foregoing bill of sale for the purposes therein contained.  Witness my hand at office this 7th May 1861.  John L. Bugg Clerk.

Received for registration at 11 O'clock A. M. May 7th A. D. 1861. Thos. Donoho Dep. Regr.

(page 136)

Registered and examined this 11th July 1861.  R. D. Moore Regr. S. Cty. by Thos. Donoho Dep. Regr.


Withers, John W. To Lucy Ann Withers - Deed of Conveyance 

I  John W. Withers having acquired by and through my wife Lucy Ann Withers formerly Lucy Ann Henry the following negroes to wit Eliza aged about forty five and her two children Robert aged about eight and Calvin about two years old and having herebefore made no settlement upon my said wife now I do for the natural love and affection I have for my said wife Lucy Ann convey unto my said wife Lucy Ann for and during her natural life free the debts contracts or liabilities of myself or any future husband and at her death to such children as she may have by me Said negroes Eliza Robert and Calvin and their future increase and power hereby given to my said wife if at any time she may deem it for the interest of herself & children to sell or exchange any or all of said negroes and vest the proceeds in other negroes or other property the title of which is to be vested in the same way that the title to said negroes is herein vested - said sale or exchange however to be made only on the approval of myself and it is further provided that in the event my said wife dies before I do then that I am in that event to retain the use and possession of said negroes and their increase for and during my natural life. Witness my hand and seal this the 8th day of May 1861.

John W. Withers (Seal)

State of Tennessee, Sumner County

Personally appeared before me, John L. Bugg Clerk of the County Court of said county John W. Withers the bargainor with whom I am personally acquainted and who acknowledged that he made and executed the foregoing instrument upon the day it bears date and for the purposes therein contained.  Witness my hand at office this 8th of May 1861.

John L. Bugg Clerk

Rec'd for registration May 8th 1861 at 3 O'clock P. M.  R. D. Moore Regr. S. Cty. by Thos. Donoho D. P. R.


Christman, Albert to John M. Cotton - Deed of Trust

Being indebted John M. Cotton by note due the 2nd day of April 1861 for three hundred dollars and desiring to secure him in the payment of the same I have this day delivered to him one bay gelding one sorrel mare two sets of Coopers tools one mans saddle & one oxen the said John Cotton is to hold said articles and unless I pay of

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said note for $300 in twelve months from this date he is to sell the same either privately or pubicly either for cash or on a credit and apply the proceeds to the payment of said $300 note.  If the said John Cotton should think it to the interest of both parties he may sell any or all of said articles at any time.  If I shall pay off said $300 note then the above articles to be delivered to me.  Witness my hand and seal this the 29th April 1861.

Albert Christman (Seal)

State of Tennessee, Sumner County

Personally appeared before me John L. Bugg, Clerk of the County Court of said county Albert Christman the bargainor with whom I am personally acquainted and who acknowledged that he executed the foregoing instrument for the purposes therein contained.  Witness my hand at office this 29th April 1861.  John L. Bugg Clerk.

Rec'd for registration at 1 o'clock P. M. 29th April 1861.  Thos. Donoho Dep. REgr.

Registered and examined this 11th July 1861.  R. D. Moore Regr. S. Cty. by Thos. Donoho Dep. Regr.


Swaney, Jno. L. To Sarah J. Winston - Marriage Contract

Whereas a marriage is about to be solemnized between John L. Swaney of the County of Sumner and Sarah J. Winston of the County of Montgomery and both of said parties are possessed of property and with a view to settle the rights of their property it is agreed on the part of Mrs. Sarah J. Winston that she hereby releases any right to the property of the said Swaney by virtue of her marital rights on the death of said Swaney if he should die first and in consideration of the said Sarah J. relinquishing her marital rights to the property of which the said Swaney may die possessed in the event he dies intestate it is understood and agreed the said Swaney releases all right to the real & personal property of the said Sarah J. Winston and she shall hold the same as a feme sole with the power to dispose of the same by deed or transfer of Bills of Sale with the distinct understanding the property of the said Sarah J. shall be liable for any debts she may owe at this time she shall have the power to dispose of the same after marriage as a femme sole and if she should die without a will the property of the said Sarah J. shall descend to her heirs.  She has also the power to make a will in the presence of two witnesses disposing of the property she is now possessed of or the rents or hires accruing it is understood until the property is sold

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it is to be held and used by the said Sarah as she may desire to dispose of the same.  It is further understood that the said Sarah is to have no right of dower or part of the said Swaney's personal or real estate on his death unless the same should be given to her by the will of said Swaney - in testimony whereof we have set our hands in presence of witnesses April 27th 1860.

Sarah J. Winston  (Seal)

J. L. Swaney  (Seal)

Test

Jo. Shackelford

J. D. Coffman

State of Tennessee, Montgomery County

Personally appeared before me Wm. E. Newell Clerk of the County Court of Montgomery County J. O. Shackelford and J. D. Coffman the two subscribing witnesses to the within deed who after being duly sworn depose and say they are personally acquainted with Sarah J. Winston & J. L. Swanney and that they acknowledged in their presence that they executed the within Deed for the purposes therein contained. Witness my hand at office the 27 August 1860.

W. E. Newell Clerk

State of Tennessee, Montgomery County, Registers Office.

The within marriage contract & certificate were received 4 o'clock P. M. 27th Aug. 1860 noted in book No. 7 page 114 & duly registered in book No. 7 page 447.  Witness my hand at office this 27th Aug. 1860.

John D. Bradley R. M C.

Rec'd for registration at 10 o'clock A. M. 6th May 1861.  Thos. Donoho Dep. Regr.

Registered and examined 11th July 1861.  R. D. Moore Regr. S. Cty. by Thos. Donoho Dep. Regr.


Stone, S. To S. M. Stone - Deed of Gift

Whereas my son Stephen M. Stone has lived with me ever since he has been of age and during that time has worked for me and attended to my business and never having made him a remureration? for the same and whereas he expects to live with and remain with me in the same manner during my lifetime.  Now I do hereby agree and bind myself that the said Stephen M. for the services aforesaid shall be paid out of my estate after my decease the sum of one thousand dollars which sum he is not to be charged with in the distribution of my estate.  And it is further agreed that he is to have the privilege of raising and feeding some few head of Horses and cattle on the place if he so desires for which he is not to be charged.  If my said son shall at any leave me with my consent, then his leaving shall not affect this agreement but if he shall leave without my consent then he is to be paid a fair compensation for the time he has lived with me.  My said son is not to be charged with his board and clothing .

(page 139)

Witness my hand and seal this 13th day of June 1861.

Stephen Stone

Test

Geo. W. Allen

Jno. A. Tomkins

State of Tennessee, Sumner County

Personally appeared before me John L. Bugg the Clerk of the Courty Court of said county Geo. W. Allen and John A. Tomkins subscribing witnesses to the foregoing instrument who being first sworn and depose and say that they are personally acquainted with Stephen Stone the bargainor and that he acknowledged the execution of the in their presence to be his act and deed upon the day it bears date and for the purposes therein contained.  Witness my hand at office this 27th July 1861.  John L. Bugg Clerk

Received for registration at 5 O'clock P. M. July 27th 1861.  R. D. Moore Regr. by Thos. Donoho dep. Regr.

Registered and examined 13th August 1861.  R. D. Moore Regr. by Thos. Donoho dep. Regr.


Barber, J. To W. B. Cochran - Title Bond

I  John Barber bind myself to pay W. B. Cochran the sum of four hundred dollars that condition of the above obligation is such whereas the said Cochran has this day purchased of me for two hundred dollars on the following conditions to wit, one hudnred dollars due in twelve months bearing interest from the date, one hundred dollars due in two years after date bearing interest twelve months after date, for which his notes under seal have been this day executed to me a tract of land or parcel of land lying in Sumner County district No. 16 and State of Tennessee bounded as follows Beginning on the Mattox line running Brackins line East to Allen Barbers north west corner, thence South to the Branch with said Allen Barbers line, thence with the Branch, to the Caney Fork Creek, thence with said Creek to Mattox's line , thence north with said Mattox line to the beginning.  To have and to hold the same to said W. B. Cochran his heirs and assigns forever.  I do covenant with W. B. Cochran I am lawfully seized of said land, have a good right to convey it and that the same is unencumbered.  I do further covenant and bind myself my heirs and representatives to warrant and forever defend the title and to said land; and every part thereof to said W. B. Cochran his heirs and assigns against the lawful claims of all persons whatever.  And if the said John Barber does make a cause to be made a good right on that payment this is to be null and void if not to stand in full force and virtue this 8th day of Oct. 1859.

John Barber  (Seal)

State of Tennessee, Sumner County

Personally appeared before me John L. Bugg Clerk of the County Court of said county John Barber the bargainor with whom I am personally acquainted and who acknowledges

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that he made and executed the foregoing Title Bond for the purposes therein contained witness my hand at office this 15th May 1861.  John L. Bugg Clerk

Received registration May 15th 1861 at 1 O'clock P. M.  R. D. Moore Regr. S. C. by Thos. Donoho Dep. Regr.

Registered and examined 14th Augt. 1861.  R. D. Moore Regr. S. C. by Thos. Donoho Dep. Regr.


Duke To Duke - Deed of Conveyance

For and in consideration of the sum of (blank) dollars to us in hand paid we have this day bargained and sold and do hereby transfer and convey unto Thomas Duke and Lycurgus Duke all our right title and interest in and to the estate of our Father Thomas Duke deceased consisting of real and personal property.  Our said Father died intestate and no administration has been granted on estate, a B___? & also a tract of land containing 190 acres in Sumner County Tennessee district No. 17 adjoining the lands of Willie Brazel on the North, V. L. Collier Jr. on the East, Collier & Gillespie on the South and Sol. Love and Gillespie on the west.  For the consideration aforesaid we release and convey all our rights and titles in said property and all other of which our father died possessed unto the said Thomas & Lycurgus Duke and their heirs forever and bind ourselves to defend the title against all persons claiming by or through us.  April 25th 1861.

Mary Ann Duke  (Seal)

Martha P. Loving  (Seal)

Sarah M. Duke  (Seal)

Thadeus M. Duke  (Seal)

State of Tennessee, Sumner County

Personally appeared before me John L. Bugg Clerk of the County Court of said county Mary Ann Duke, Martha P. Loving, Sarah M. Duke and Thadeus M. Duke the bargainors with whom personally acquainted and who acknowledged that they executed the foregoing deed of conveyance for the purposes therein contained. Witness my hand at office this 28th day of May 1861.  John L. Bugg Clerk

Received for registration at 10 o'clock A. M. 26th July 1861. Thos. Donoho Dep. Regr.

Registered and examined 15th August 1861.  R. D. Moore Regr. S. Cty by Thos. Donoho dep. Reg.


CWP, Misc. Deed Book, Page Index  

Genealogist's Companion to Research in Sumner County, Tennessee