Deed Transcription:George E. Earnhart & wife Martha E. to William Kimmons

Deed Transcription:George E. Earnhart & wife Martha E. to William Kimmons 

Bedford County, Tennessee • Deed Book UUU, Page 309 • 1885

Quick Facts

Instrument	Deed of bargain and sale (quitclaim-style conveyance of an undivided interest, with covenants of warranty)
Grantors	George E. Earnhart and wife Martha E. Earnhart
Grantee	William Kimmons
Consideration	Seventy-five dollars
Property	About 170 acres, 18th Civil District, Bedford County, TN — "the Daniel Earnhart land," where Daniel resided at his death
Interest conveyed	An undivided one-seventh of the entire tract, including dower and homestead rights
Date signed	8 August 1885
Acknowledged	12 September 1885, before Will J. Muse, Clerk of the County Court
Noted / Registered	Noted 14 Nov 1885; registered 18 Nov 1885 (C. N. Allen, Register)
Witness	Jo H. Thompson

Transcription

Transcribed as written.

309 Geo. E. Earnhart & wife Deed to Wm. Kimmons. In consideration of Seventy five dollars to me in hand paid and secured to be paid We George E. Earnhart and wife Martha E. have this day bargained and sold and do hereby sell transfer and Convey to William Kimmons all of our right title Claim and interest including the right to dower and homestead, in and to the following tract or parcel of Land in the 18th Civil District of Bedford County and Containing by estimation Something over One hundred and Seventy acres: be the same more or less; The same being the Land known as the Daniel Earnhart Land and upon which he resided at the time of his death, and the interest herein Conveyed being an undivided one Seventh of the entire tract. To have and to hold the same to the said Wm Kimmons his heirs and assigns forever. And we do Covenant with him that we are lawfully seized of our said interest have and right to Convey the same and that the same is unincumbered. We further Covenant to warrant and will forever warrant and defend the title of the interest herein Conveyed to wit: one undivided One Seventh to the said Wm Kimmons his heirs and assigns forever against the legal claims of any and all persons whatever. Given under our hands and Seals this the 8th of August 1885. Test: Jo H Thompson  George E. Earnhart (his mark)  Martha E. Earnhart (her mark) State of Tennessee  Bedford County Personally appeared before me Will J. Muse Clerk of the County Court of said County, Geo E. Earnhart and Martha E. Earnhart the above named bargainors with whom I am personally acquainted and acknowledged that they executed the above instrument for the purposes therein Contained. And Martha E. Earnhart wife of the said Geo E. Earnhart having personally appeared before me privately and apart from her husband, the said Geo E. Earnhart acknowledged that she executed said instrument freely, Voluntarily and understandingly without compulsion or constraint from her said husband and for the purposes therein Contained. Witness Will J. Muse Clerk of said court at office this 12th day of Sept 1885. Will J. Muse Clerk Noted Nov 14th 1885 at 9:55 Oclock A.M.  And Registered Nov 18th 1885. C. N. Allen Register

Transcriber's Notes

"Secured to be paid"	The word before "to be paid" reads "secured," the standard phrasing: "paid and secured to be paid."
Day of signing	The day of signing is the 8th of August 1885.
Marks	"His mark" / "her mark" notations appear beside the signatures, indicating the signers signed by mark.
Time of noting	Reads "9:55 Oclock A.M."
Lower-right notation	Reads either "B6" or "136." A stray mark that does not affect the content of the deed.
Spelling	Original spelling, capitalization, and punctuation are retained. Line breaks are not preserved.

Research Analysis: The One-Seventh Interest

The deed conveys an undivided one-seventh interest in the land on which Daniel Earnhart lived at his death. Daniel and his wife Martha had six children, so seven shares most plausibly means six children plus Martha, with George E. Earnhart holding one child’s share. (Note that George’s own wife is also named Martha E.; she joins in the deed only to release her dower and homestead rights in her husband’s interest.)

A widow with a full equal share is somewhat unusual. In this era a Tennessee widow normally held dower (a life interest) and homestead rights rather than a fee-simple share equal to a child’s. A one-seventh division could reflect a partition, a court decree, or a family settlement in which she took a child’s portion. A chancery or county court record should spell this out.

Alternative reading: if one child had died, that child’s heirs might hold one share collectively, and Martha would hold dower rather than a share. This also yields seven shares from six children.

Suggested Next Steps

• Search Bedford County deed indexes (grantor and grantee) for other one-seventh interests in the Daniel Earnhart land, both to William Kimmons and to others. Each conveyance helps identify one of the seven shareholders.

• Look for a partition, dower assignment, or chancery suit involving the Daniel Earnhart land, and for Daniel’s will or estate administration in the County Court.

• Check whether Kimmons assembled the full tract through a series of purchases, which would show up as consecutive or clustered deeds in the same period.

• Pull the 18th Civil District in the 1880 census for Kimmons and the Earnhart households.

G            George Earnhart is my 2nd Cousin 4X Removed.

Source: Bedford County, Tennessee, Deed Book UUU, p. 309 (image transcribed from digital copy).

Prepared by Charles Purvis  & Claude Sonnett 5 Median • CPurvis1@gmail.com