Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.
His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.
Today’s subject is a Union County, NC John Oliver Tucker, Power of Attorney, 1861.
Transcription:
State of North Carolina}
Union County} Know all men by these presents that we John O. Tucker and Mary Ann Tucker his wife of the County of Stanly and state aforesaid have made, nominated, and appointed and by these presents do make nominate and appoint Michael Dry, our true and lawful agent and attorney in fact for us and in our names, to ask demand, sue for and recover and receive of and from Thos. D. Winchester the clerk and master in equity for the county of Union aforesaid, or other person or persons having and holding the same all sum and sums on account of and arising from the sale or sales heretofore had by said clerk and Master of the lands of the heirs at law – of Charles Dry dec’d by virtue of and pursuant to a decree of the court of equity for said county of union or in any other manner or in any other account whatsoever. To have use and take all necessary ways and means in our names or otherwise for the recovery thereof either by suing out and prosecuting all manner of legal; and [illegible] process or compounding and arbitrating therefor recovering to his best discretion, and all necessary receipts, releases, remittances and other sufficient discharge therefore in our means to make seal and deliver and to do and perform all acts and things in and about the premises as fully and effectively in all respects as we might or could do under any circumstances.
Pg 86
In testimony whereof we John O. Tucker and Mary Ann Tucker his wife have hereunto set our hands and seals this the 7th day of October 1861. John O. Tucker {seal}
Test Mary Ann X her mark Tucker {seal}
W. H. Simpson
State of North Carolina} Court of Pleas an quarter Sefsions
Union County} October Term 1861
John O. Tucker and Mary Ann Tucker his wife appeared in open court and personally acknowledged the due execution by them of a power of attorney to Michael Dry dated the 7th day of October 1861and [illegible] Thomas C. Wilson a member of the Court is appointed to take participate examination of the said Mary Ann Tucker. And the said Thomas C. Wilson after having privately examined the said Mary Ann Tucker separate band apart from her said husband touching her free consent in the execution of said power of attorney reports to the Court that she acknowledged before him when so examined that she had executed the said power of attorney freely of her own accord and will and without any force, fear or undue influence of her of her said husband or any other person and doth still voluntarily assent thereto.
All of which on question is ordered to be recorded.
It is further ordered that the power of Attorney itself and the record of the above proceedings be registered.
Witness J. E. Irby, Clk
State of North Carolina}
Union County}
To the Worshipful the Justice of the Court of Pleas and quarter Sefsions July Term 1861
We the undersigned commissioners appointed by the Court of Pleas and quarter sefsions of said county having been duly sworn proceeded on the 29th day of May to divide and make partition between and among W. J. McBride and wife Meary P., Rosanah E. May, Martha M. May and Frances William Jones, Grove May, Rebecca Ann and Robert Welsh infants of Rachel C. McBride together in common of the lands described to them as children and heirs at law demise to them by the Last Will and Testament of said deceased. Whereupon we have made and do hereby make the following appropriation among the respective claimants in severally that is to say: the lot No. 1 is assigned and appropriated to M. M. May in severally bounded as follows viz: commencing at a Red Oak stump J. C. Griffins corner N. 87 W. 31 chs + 50 chs to a small Red Oak J. C. Sikes corner T. R. O.[red oak] T. P. O.[post oak] pointers. Thence with Sikes –
Pg 87
Line S. 2 ½ E. 28 chs + 25 chs to a small P. O. in a flat by 1 R. O. 3 W. O. 1 P.O. a corner of No. 4 – Thence with a line of No. 4 N. 83 ½ E. 31 chs + 50 chs to a stake by 2 R. J. and 1 PO a corner of each lot. Thence with a line of No. 2 N. 5 W. 25 chs + 25 chs to the beginning containing 82 ½ acres, valued at Two hundred and sixty dollars.
No. 3 is appropriated to W. J. McBride and wife Mary B in severalty bounded as follows viz: commencing at a small sweet gum in the persimmon branch a corner of lot No. 2 and runs with No. 2 N. 78 W. 24 chs + 53 chs to a stake by 1 P. O + 2 B. J. Thence with a line of No. 4 S. 5 E. 39 chs to a small P.O. in Bryant William line by a small branch Thence with Williams line N . 73 ½ E. 30 chs + 25 chs to a small ash in the persimmon branch. Thence down the branch to the beginning containing eight three and a half acres valued at Two hundred and forty dollars.
No. 4 is appropriated to Rosanah E. May in severalty bounded as follows viz: Commencing at a small gum by a road John C. Sikes corner and runs No. 87 ½ E. 14 chs + 75 lks to a stake in an old field on a stony knob B . March corner. Thence with 2 of his lines S. 8 ½ E. 11 chs & 80 chs to a White oak by 2 hickory’s. Thence S. 18 ½ E. 20 chs to a Post oak on the West side of the ham branch by 1 Water Oak in the branch Bryant Williams corner. Thence with hi line N. 73 ½ E. 13 chs + 25 lks to a small post oak in said Williams line by a small branch a corner of lot No. 3. Thence N. 5 W 39 chs to a stake by 2 B. J. 1 P. O. thence S. 87 ½ W. 32 chs + 50 lks to a small P. O. in a flat by 1 R. O. 3 W. O. 1 P.O. Thence S. 2 ½ E. 10 chs + 35 lks to the beginning containing eighty three and a half acres valued at two hundred and fifty dollars. – The further charge the more valuable divided with such sums of money respectively to be paid to those of inferior value respectively as [illegible]make an equitable division, that is to say The Lot No. 1 appropriated to Martha M. May is to pau to the Lot No. 4 appropriated to Rosanah E. May the sum of ten dollars. The Lot No. 2 appropriated to the heirs of R. C. McBride to pay to the Lot. No. 3 appropriated to W. J. McBride & wife Mary – the sum of twenty dollars. All of which is respectively submitted under our hands and seals this 29th day May 1861.
Jonathan Trull {seal}
Test J. E. Moore William E. Williams {seal}
John C. Sikes {seal}
Jeremiah Perry {seal}
This land deed is very puzzling. Clearly it states in the beginning that:
- lands of the heirs at law – of Charles Dry dec’d
- This statement coveys three messages to this researcher
- Charles Dry is deceased
- His heirs are petitioning the Court to divide the land
- The within named individuals are heirs-at-law of the estate of Charles [Andrew] Dry.
Research shows that Charles Andrew Dry was twice married; first, to Esther Misenheimer (1819) and upon her death to Leah Tucker, abt 1834.
Most of the children named in this deed are from a union between a male “Tucker” and a female “May”. These children are most likely nieces and nephews of Leah Tucker Dry. Time to get to work and solve this puzzle.
___________________________
Union County, NC
Deed Book 6, pages 85-87
https://www.familysearch.org/ark:/61903/3:1:3QSQ-G98Q-Q4XP?i=445&cat=327106
Note: Plus (+) sign used to replace Ampersand which Blogger dosent like
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