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Monday, November 9, 2020

Power of Attorney~Charles Andrew Dry Estate Lands

On 9 September 1858, Charles Andrew Dry died intestate leaving his 2nd wife and 12 children surviving; six children from each marriage. Elizabeth (Dry) Huneycutt and Sarah (Dry) Sasser was both daughters of Esther Misenheimer, the first wife of Charles Andrew Dry.

I‘m not aware why Elizabeth & Sarah thought they needed an attorney to secure their share of the Charles Dry estate.   

Transcription:

State of North Carolina}
Union County} Know all men by these presents that we Thomas F. Honeycutt and Elizabeth Honeycutt his wife Cullen Sasser and Sarah Sasser his wife 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 Thomas D. Winchester the Clerk and master in equity for the County of Union aforesaid or other person or persons having and [illegible] the same all such sum or sums of money as may be now due to use or which may hereafter become due to us on account of and arising from the sale of the lands of the heirs at law of Charles Dry deceased heretofore had by the said clerk and master pursuant to a decree of the Court of Equity for said County upon the petition of the heirs at law of the said deceased. Also all such sum or sums of money as are or may become due to us from said Winchester in any other manner whatever. To have use and take all necessary means in our names or otherwise for the recovery thereof either by sueing out and prosecuting all manner of legal processes and discharges in our names or otherwise to make seal and deliver therefor and all other acts and things to do and perform as fully and effectually in all respects so we might or could do under any circumstances.-- In testimony, we the said Thomas F. Honeycutt and Elizabeth Huneycutt, Cullen Sasser and Sarah Sasser have hereunto set or hands and seals this the 5th day of November AD 1861. 
Witness                              Thomas F. Honeycutt {seal}
J. E. Irby                            Elizabeth X her mark Honeycutt {seal}
                                          C. J. Sasser {seal}
                                          Sarah X her mark Sasser {seal}

North Carolina
     Before me Romulus M. Sanders one of the judges of the Superior Courts of law and equity for the State aforesaid on this day personally came Thomas F. Honeycutt and Elizabeth Honeycutt his wife Cullen J. Sasser and Sarah Sasser his wife the bargainers in the foregoing power of Attorney from them to Michael Dry and acknowledged that they  executed the said power of Attorney for the purposes therein expressed and the said feme covert bargainers Elizabeth Honeycutt and Sarah Sasser being by me privily examined separate and apart from their respective husbands the said Thomas F. Honeycutt and Cullen J. Sasser touching their free and voluntarily execution of said power of attorney declared when so examined that they executed the same freely and voluntarily of their own account without any force compulsion coercion or constraint on the party of their said husband or any other person and that they do now freely and voluntarily assent thereto - Let the same together with this certificate be registered Nov. 5, 1861.
                                                                   R. M. Sanders
                                                                           J. S.

Charles Andrew Dry is my 1st Cousin 5 times removed. His children are my 2nd Cousins 4 times removed.


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NOTE: This Land deed a very poor reproduction and hard to read and transcribe. For the surname “Sasser”  I deliberately veered away from the standard “fs” for the double SS in a surname for readability purposes.

[1] Land Deed - Power of Attorney; 5 November 1861; Deed Book #6; Page(s) 81; Register of Deeds; Monroe, Union County, North Carolina; 11 January 2020.

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