Amanuensis Monday~The Estate Lands of William Burkley

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 Chesterfield County, SC Land Deed from Mary E. Cato to Alexander Sellers, 1882.¹


The land deed, transcribed below, clearly states that the land being sold was acquired by inheritance from the estate of William M. Burkley.

release unto the said Alexander Sellers all my right Title and interest in and to the Estate of William M. Burkley both real and personal the real being that piece parcel and tract of land Situate lying

The problem I have with this is the Will of William M. Burkley states that all his property both real and personal had been left to his Niece – Sarah Frances Hancock.

I will and bequeath all my property both real and personal that I may seized and possess of unto my niece Sarah Frances Hancock to be hers her heirs and assigns forever at my death- the real property or estate above mentioned consisting of three tracts of land in said County adjoining

So which is it? Was both real and personal property left to the Sellers children or was it left to Sarah Frances Hancock? The Land Deed seems to suggest the Will was not carried out as written.

Transcription: 

Mary E. Cato}
To }                        Deed
Alexander Sellers}

State of South Carolina}
Chesterfield County}

            Know all men by these presents that I Mary E. Cato of Chesterfield County in the State aforesaid for and in consideration of the Sum of two hundred and twenty-five dollars to me paid by Alexander Sellers of Chesterfield in the State aforesaid have granted bargained sold and released and by these presents do grant bargain sell and release unto the said Alexander Sellers all my right Title and interest in and to the Estate of William M. Burkley both real and personal the real being that piece parcel and tract of land Situate lying and being in the County of Chesterfield on the North Side of the public road leading from Chesterfield Court House to Camden about three and a half miles from Said Court House. The same being a tract of land conveyed to Alexander Sellers, Queen M. Sellers, Louiza J. Sellers, and Mary E. Sellers by the last Will of William M. Burkley deceased. Together with all and singular the rights members hereditaments and appurtenances to the said premises belonging or in anywise incident or appertaining To have and to hold all and Singular the premises before mentioned unto the said Alexander Sellers his heirs and assigns forever and I do hereby bind myself my heirs executors and administrators to warrant and forever defend all and singular the premises unto the said Alexander Sellers his heirs and assigns against myself my heirs and every other person or persons lawfully claiming or to claim the same or any part there[of]. Witness my hand and seal this the 19th  day December in the year of our Lord one thousand eight hundred and eight two and in the one hundred and seventh year of American Independence.
Signed, Sealed and delivered}
In the presence of}                                                   Mary E. Cato {seal}
Abram J. Cato}
Helton J. Sellers}

South Carolina}
Chesterfield County}
             Personally appeared Helton J. Sellers who makes oath that he was present and saw Mary E. Cato sign seal and as her act and deed deliver the within written deed and deponent together with A. J. Cato witnesses the execution thereof.
Sworn to before me}
20 Dec. 1882}                                                   Helton J. Sellers
W. J. Hanna}
Clerk}


Recorded 20th Dec 1882 in Book A page 213

Recorded 20th Dec 1882
Orig Del to Alexander Sellers

The four Sellers mentioned in the Land Deed – Alexander, Queen M. Louiza J.. and Mary E. are children of James David Sellers and Sarah Ann Gaskins. Mary E. Cato (nee Sellers) is the wife of Abraham M. Cato. Louiza J. Sellers married William Jesse Jenkins; her brother, Alexander, and sister Queen M. Sellers never married. 

___________________

[1] Chesterfield County, South Carolina, DEED BOOK 7: pages 94 + 95, Mary E. Cato to Alexander Sellers; 19 December 1882, Register of Deeds, Chesterfield, Chesterfield County, South Carolina.

[2] "South Carolina Probate Records, Files and Loose Papers, 1732-1964," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19420-61532-89?cc=1911928&wc=MPP1-PTL:190567401,190561002,190567402,190970801 : accessed 06 Jul 2014), Chesterfield > Probate Court, Estate records > 1865-1927 > Cases 0384-0469 > image 7 of 1665.