Amanuensis Monday~Sale of Peter Dry Estate Lands, 1868.

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 the Sale of Peter Dry Estate Lands, 1868.¹

Sometime shortly before 17 December 1853 Peter Dry passed away leaving his estate to his 4 surviving children; 3 daughters and a son.  Now, fifteen years after the death of their father, Mary Ann (Dry) Sanders and her husband John W. Sanders are selling their one-fourth interest in the estate land to her brother John Martin Dry.

An excerpt from the below land deed reads: “the tract of land belonging to Peter Dry deceased and given by the Said Peter Dry in his last Will and Testament to his three children Martin Dry, Mary Ann Sanders, Catherine Kess and his grand son Charles Franklin Dry.”

Daughter Margaret Ann Dry, the mother of Charles Franklin Dry, is mentioned in Peter Dry’s Will but her share was left to her son Charles Franklin Dry.

From Peter Dry’s Will: “my grandchild Franklin Dry, son of my daughter Margaret Speight (formerly Margaret Dry) after deducting off of the share of my said grandson Franklin Dry the sum of one hundred dollars heretofore advanced to his mother.”

It was this land deed that led me to the husband of daughter Elizabeth Catherine Dry.  The Deed named one of the surviving children to be Catherine Kess. I often wonder if there was a relationship to the Martin Keese of Wilkes County living with the Dry family in 1850.

While no relationship was initially found  it wasn’t long until there was a connection. Martin Kees and Elizabeth Catherine Dry were married on 24 May 1851 in Cabarrus County, North Carolina. I’m still struggling to document this family. I know they had two children of which one lived to adulthood. Martin Kees died before 1870 and Catherine re-married. No death dates or tombstones have been found for either of them.

Transcription:

DEED BOOK 21, Page 663
Cabarrus County NC.
This Indenture made and executed this 6^th day of January AD 1868 between John W. Sanders and his wife Mary Ann Sanders of the County of Lenoir and State of North Carolina of the first part and Martin Dry of the County of Cabarrus and State of North Carolina of the second part. Witnefseth that for and in consideration of the Sum of Six hundred dollars to us in hand paid or caused to be paid by the Said Martin Dry of the Second part have bargained and Sold and do by these presents bargain sell and deliver unto the said Martin Dry our individual interest (being one Fourth) of a certain tract or parcel of land lying and being in the County of Cabarrus North Carolina on the West side of Cold Water Creek and on both sides of the three mile branch and the lands of Margaret Cline Allison Winecoff Margaret Brown and others being the tract of land belonging to Peter Dry deceased and given by the Said Peter Dry in his last Will and Testament to his three children Martin Dry, Mary Ann Sanders, Catherine Kess and his grandson Charles Franklin Dry as will more fully appear by reference to said last will and Testament. To have and to hold unto the said Martin Dry his heirs and assigns forever our entire interest on and to the above described land and premises being one fourth part and we the said John W. Sanders & Mary Ann Sanders his wife do for ourselves our heirs Executors and administrators remise release and forever quit claim unto the said Martin Dry his heirs and assigns all our rights title and interest in and to the above described land and premises. In Witnefs whereof we have hereunto set our hands and seals the day and date above written.
Signed Sealed & delivered in presence of                            John W. Sanders {Seal}
North Carolina}                                                                    Mary Ann Sanders {Seal}

Lenoir County} This day personally appeared before me E. J. Warren one of the Judges of the Superior Court of Law & Equity for said State John W. Sanders & Mary Ann Sanders his wife & acknowledged the execution by them of the foregoing deed and the said Mary Ann being by me privately examined separate & apart from here said husband touching her free consent in the execution off said deed She on such her examination declared that she executed the same voluntarily of her own Free will & accord & without any force fear & undue influence of her said husband or any other person & did now voluntarily assent thereto let the said deed together with this Certificate be registered.
Rec’d for Registering April 18^th 1868                                       E. J. Warren
R. Winecoff Reg’s Judge &c

Peter Dry is my 3rd Great Grand Uncle; his children, my 1st Cousins 4 times removed.






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[1] Land Deed - John W. Sanders and Wife to Martin Dry; 6 January 1868; Deed Book #21; Page(s) 663; Register of Deeds; Concoen, Cabarrus County, North Carolina; 14 March 2020.
[2] Peter DRY (1850), WILL BOOK: 1; Page 253 & 254; Probate Office, Concord, Cabarrus, North Carolina.