I think it's unusual to find a deed in which a sentiment is included and even more unusual to find one in which a father tells of his love for his daughter. But that's just what I found.
This deed (image and transcription below) with an indenture of property has my great-grandparents' and great-great-grandparents' names on it and their relationship is stated. You can probably guess how I found it. Yes, through
FamilySearch's new full-text search of property records! What a boon that resource is to family history researchers. Thank you, FamilySearch.
In this record Dixon and Rebecca (Smith) Bartley deeded property, with an indenture, to Frederick and Elvira (Bartley) Gerner. (Note the name variations: Dixon is Dickson; Frederick is sometimes Fred; Elvira is sometimes Alvira.) In an indenture, there is an exchange of obligations by both parties on the deed. The deed was dated March 15, 1883. Elvira was 28 years old with eight children, ages three months to 9 years. Three years earlier, in June, 1880, Fred and Elvira were living in Putnam County, West Virginia. I don't know the date of their return to Butler County, Pennsylvania, but it's clear from this document that they already owned property there.
Find this image
here (with a free FamilySearch account). It is in FamilySearch's collection, "Butler. Deed Books 1882-1883, 1883-1884, Deeds 1884," image 396. Image 330 and
331 tell me that the title of the book is
Deed Book 69, owned by the Butler County Court House in Butler, Pennsylvania. (To enlarge these pages for easier reading, click the image. It will open in another tab and be easier to read.)
This is the transcription.
[page] 65 [left side]
Dickson Bartley Aux
To
Frederick Gerner
Alvira Gerner
This Indenture, Made the Fifteenth day of March
one thousand eight hundred and Eighty Three between Dickson and
Rebecca Bartley of Parker Township Butler
County Pennsylvania of the first part
and Frederick Gerner and Alvira Gerner
his wife of the county and State aforesaid
parties of the second part
Witnesseth, That the said parties of the first part, for and
in consideration of the sum of Eight Hundred Dollars, lawful money of
the United States of America, unto them well and truly paid by the said
parties of the second part, at or before the sealing and delivery of
these presents, the receipt whereof is hereby acknowledged, HAVE
granted, bargained, sold, aliened, enfeoffed, released, conveyed and
confirmed, and by these presents DO grant bargain, sell, alien, enfeoff,
release, convey and confirm unto the said parties of the SECOND PART,
their heirs and assigns, forever, all the following described property,
viz:
Beginning at a stone pile on line of D. P. Kelly on the East thence
along line of Harrison Adams One Hundred and nineteen perches to a
Hickory tree, thence along line of George Daubenspeck ninety eight
perches to a post. Thence S. 87½ [degrees?] E along lands of the first
party thence along line of D. P. Kelly to the place of beginning ninety
eight perches. To each of the parties of the second part in the
following proportion. Thirty two acres off the North side to Frederick
Gerner in his own right and in consideration of the erection and
maintenance of a fence on one side of a lane leading from his house to
the public road as well as the payment of Twenty five dollars per acre,
the above consideration of Eight Hundred dollars. And Forty acres to
Alvira Gerner in her own right. For and in consideration of the love
and affection I bear to her my daughter Elvira. Containing seventy two
acres and one hundred and Forty perches as represented on drafts No 1 as
surveyed by N M Slater February A D 1883. It is understood between the
parties hereto that the second parties are to have limestone for their
use on the farm ? from the South East corner of said first parties lands
Together with all and singular the Said property improvements,
ways, waters, water courses, rights, liberties privileges, hereditaments
and appurtenances whatsoever thereunto belonging, or in anywise
appertaining, and the reversions and remainders, rents, issues and
profits thereof and all the estate, right, title, interest property,
claim and demand whatsoever of the said parties of the first part, in
law, equity or otherwise howsoever, of, in and to the same and every
part thereof TO HAVE AND TO HOLD said Seventy two acres and One Hundred
and forty two perches of land hereditaments and premises hereby granted
or mentioned, and intended so to be, with the appurtenances, unto the
said parties of the second part, their heirs and assigns, to and for the
only proper use and behoof of the said partof [sic] the second part,
their heirs and assigns FOREVER.
[page] 65 [right side]
AND Dickson Bartley and Rebecca Bartley his wife the said parties of the
first part, their heirs, executors and administrators, do by these
presents covenant, grant and agree to and with the said parties of the
second part, heirs and assigns that they the said parties of the first
part and their heirs, all and singular the hereditaments and premisce
herein above described and granted or mentioned, and intended so to be,
with the appurtenances, unto the said parties of the second part, their
heirs and assigns, against them, the said parties of the first part, and
their heirs, and against all and every other person or persons
whomsoever lawfully claiming, or to claim the same or any part thereof
subject to the conditions herein set forth
SHALL AND WILL WARRANT AND FOREVER DEFEND.
In Witness Whereof, The said parties of the first part have to
these presents set their hands and seals. Dated the day and year first
above written.
Sealed and Delivered in the Presence } Dickson Bartley (Seal)
J H Otto [signature] } Rebecca her x mark Bartley (Seal)
Jas Buzzard }
RECEIVED, the date above mentioned, of the above named parties of
the second part, the sum of Eight Hundred DOLLARS, consideration money
in full. D. Bartley
State of Pennsylvania }
Butler County } SS.
On fifteenth day of March 1883, before me a Justice of the Peace came
the above named Dickson Bartley and Rebecca Bartley his wife, and
acknowledge the above deed to be their act and deed, and desire to have
it recorded. Said Rebecca Bartley being of full age, and by me
examined, separate from her said husband and the contents of said Deed
being first made known to her declared that she signed, sealed and
delivered said Deed of her own free will and accord, without coercion or
compulsion of her said husband.
Witness my hand and seal, the day and year above written.
James Buzzard J. P. [signature] (Seal.)
WITNESS:
Asa Steel
Recorded August 6th 1883
For me, the interest of this deed goes above and beyond a transfer of property. Yes, Fred and Elvira payed for the property and Fred was to meet other considerations in return. What I love about this document is Dixon's declaration that 40 acres will go to Elvira without any additional request of her "in consideration of the love and affection I bear to her my daughter Elvira." At times like this I wish for a journal or photographs or anecdotal accounts to help me understand Dixon's and Elvira's relationship. She was his sixth child and third daughter. Did he have a special affection for her, and she for him?
Notes, Comments, Thoughts
I find it interesting that the deed states only "Butler County" and not the township. The only way to locate this property now would be to use an old map created after 1883 which identifies property boundary lines and names the property owners. Since I know Dixon lived near Bruin in Parker Township and
have identified his home, I believe it's safe to assume the property Dixon sold was in Parker Township. It's surprising that none of the boundary lines Dixon used seemed to border his property.
It was interesting to learn that there was a lane from the public road to Fred and Elvira's house. Wish I had photographs of that house! These days would we call it a driveway?
Sometimes these old documents are brutal when it comes to the boilerplate language. Below are some of the new words I encountered. I found
this post from a surveyor's point of view helpful. For the words below I chose the simplest-to-understand definitions from across the internet.
- Indenture of Property. A deed in which two parties agree to continuing obligations
From Investopedia. - Enfeoff. To put in possession of land in exchange for a pledge of service, in feudal society.
From https://www.vocabulary.com/dictionary/enfeoff
- Perch. A linear measurement of 5½ yards or 16½ feet; also called a rod or a pole.
From Black's Law Dictionary, 2nd ed. at https://thelawdictionary.org/perch/
- Hereditaments. An archaic term which is still found in some wills and deeds. It denotes any kind of property, either tangible or intangible, that can be inherited.
From https://www.law.cornell.edu/wex/hereditament
- Appurtenances. Property (as an outbuilding or fixture) or a property right (as a right-of-way) that is incidental to a principal property and that passes with the principal property upon sale or transfer.
From https://www.merriam-webster.com/dictionary/appurtenance
- Behoof. An old-fashioned word that means something that is useful or beneficial
to someone. It is often used in legal documents to describe a benefit that is part of a property transfer.
From https://www.lsd.law/define/behoof
- Premisce. I was unable to find a definition for this word. Perhaps it is a spelling variant of "premise."
The conditions of the indenture are these.
- Dixon parted with the property.
- He also give permission to use limestone from his property.
- Fred and Elvira were to pay Dixon and Rebecca $800.00 for the property.
- 32 acres were to go to Frederick in his own right.
- Fred was to erect and maintain a fence on one side of a lane leading from his house to the public road.
- Fred was to pay $25.00 per acre. Was it in addition to the $800.00? It's unclear to me.
- 40 acres were to go to Elvira in her own right, "For and in consideration of the love and affection I bear to her my daughter Elvira."
- It seems there were no conditions on Elvira's acres.
- Frederick and Elvira were to have limestone for their use on the farm from the southeast corner of Dixon's property.
The witness to this deed, Asa Steele, was Elvira's brother-in-law, husband of Elvira's next younger sister, Lavina.
As thrilled as I am to find this deed/indenture, I can't help wishing the location of the property had been a little more specific, such as at least naming the township or town. Perhaps more research will uncover a helpful map.
—Nancy.
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