Peter Dry Estate Lands Sold to Son, Martin Dry,

The post on Monday last week, showed that Peter Dry passed away in 1853 leaving his estate to his wife, son, 2 daughters and a grandson of a third daughter.    

• https://carolinafamilyroots.blogspot.com/2020/03/amanuensis-mondaysale-of-peter-dry.html

The posted land deed dealt with a sale of a 1/4 portion of that land division to Martin Dry, son of Peter Dry. Mary Ann (Dry) Sanders and husband John W. Sanders are selling her 1/4 share to her brother Martin Dry.

In today’s Land Deed we find the Grandson Charles F. Dry selling his 1/4 portion of the land to his Uncle Martin Dry. With the purchase of these two portions of the estate land, the son, Martin Dry, now owned 3/4 of his dad’s land. Daughter Elizabeth Catherine still has possession of her one-quarter share. 

Franklin Dry to Martin Dry
This Indenture made this 19th day of November 1863 between Franklin Dry of the County of Cabarrus and State of North Carolina of the one part and Martin Dry of the County and State aforesaid of the other part. Witnefseth that the said Franklin Dry for and in consideration of the sum of One Thousand Dollars to him in hand paid the receipt whereof is hereby acknowledged hath sold assigned transferred and by these presents doth sell assign and transfer to the said Martin Dry his heirs and assigns forever all his interest and title to or in the lands devised to him the said Franklin Dry by the last will and testament of his Grandfather Peter Dry dec’d all of which will more fully appear by reference to Said Last Will and testament. To have and to hold the same to the said Martin Dry his heirs and assigns forever as fully as I could lawfully do by virtue of said last will and Testament and I do warrant and defend the title to the said land against myself my heirs' Executors Administrators and assigns and all persons claiming title under or to the said Martin Dry his heirs and assigns forever.  In testimony whereof, I have hereunto set my hand and seal the day and year first above written.
Signed sealed & delivered in presence of}
Dan Coleman}                                                                   C. F. Dry {Seal}
Test: Wm. M. Coleman

State of North Carolina}
Cabarrus County} I, John A. McDonald Judge of Probate for Cabarrus County do hereby certify that the execution of the within Deed was this the 22nd day of May 1869 duly proven before me by the oath of Dan Coleman one of the Subscribing Witnefses thereto. It is recorded, let it be registered together with this certificate.
Rec’d for Registering May 22md 1869                    John A. MacDonald
David Winecoff Regr.                                                   Probate Judge
By R. Winecofff Deputy


Martin Dry is my 1st Cousin 4 times removed.


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DEED  BOOK 22, Page 147
Cabarrus County, NC
https://www.familysearch.org/ark:/61903/3:1:3QSQ-G967-9CFS?i=77&cat=143999

Amanuensis Monday~Early Land Deed of One of my “DRY” Ancestors

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 an Early Land Deed of my “DRY” Ancestors ¹



22 Oct. 1790: ANDREW DRY SOLD LAND TO MARTIN DRY THAT ANDREW DRY HAD RECEIVED IN A STATE GRANT IN 1787:


Transcription:

This indenture made the 22nd day of October in the year of Our Lord 1790 between Andrew Dry of the County of Mecklenburg  Rowan and state of North Carolina of the one part and Martin Dry of the County of Mecklenburg and State aforesaid of the other part witnesseth that for and in consideration of the sum of ten pounds of good and lawful money of said State to me in hand paid by the said Martin Dry to the said Andrew Dry in hand paid the receipt whereof is hereby fully acknowledged to him, the said Andrew Dry hath given granted bargained and sold and by these presents doth give grant bargain and sell unto the said Martin Dry his heirs and assigns a certain piece or parcel of land lying and being in the County and State aforesaid containing one hundred fifty acres lying on the east side of Dutch Buffalo Creek on both sides of the Long Run Beginning at a post oak near Charles Drys old line running thence So 26 degrees West 6 poles to a small Gum in said Run, thence with or near said line South 70 degrees West 17 poles to a Red Oak thence S 14 poles crossing the Woolfs___Branch to a stake, thence N 17 poles Crossing said branch to a B. O. grub, thence the same course N 60 poles to a stake, thence W 6 poles crossing said Long Run to a stake, thence to the Beginning. By a State Grant dated December 2nd and in the IX Year of the Independence and in the year of our Lord 1787 together with all woods mines minerals Hereditaments and appurtenances the said land belonging to have and to hold the aforesaid 150 acres of land with all rights privileges and improvements to the same in any wise belonging to him the said Martin Dry his heirs and assigns forever and the said Andrew Dry for himself and his heirs and assigns doth hereby covenant and agree to and with the said Martin Dry that he the said Martin Dry his heirs and assigns shall and may forever hereafter peaceably and quietly have hold occupy possess and enjoy the aforesaid granted lands and premises without the debt of notification of any wise whatsoever and free and clear from all manner of incumbrancers whatsoever and the said Andrew Dry doth oblige himself and his heirs to warrant and defend the aforesaid granted lands and premises to him the said Martin Dry his heirs and assigns forever against the claims of all persons whatsoever. In Witness whereof the party has hereunto set his hand and seal the day and year first written.
                                                                              Andrew Dry {Seal}
Signed Sealed and Delivered in presence of
Daniel Jarret
{another witness illegible}

Mecklenburg County, Oct. Sep. 1790
Then was the execution of the within deed proven in open Court by Daniel Jarret a witnefs thereto and order to be registered.
Sept. Ifssc Alexander, Clerk

In the above land deed Andrew Dry is selling 150 acres of land to his brother Martin. Both Martin and Andrew are sons of Charles Dry.

Charles Dry first appears in a Mecklenburg County, NC  Land Deed dated 26 July 1777. This one is dated 22 October 1790.

Charles Dry is my 5th Great Grandfather; Martin Dry is my 4th Great Grandfather; Andrew Dry is my 4th Great Grand Uncle.














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[1] Deed Book 13, page 831, Mecklenburg County, NC
https://familysearch.org/ark:/61903/3:1:3QS7-89DX-Q9X3?cat=168633

Amanuensis Monday~1790 Land Deed~Andrew Dry to Martin Dry

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 1790 Mecklenburg County Land Deed between Andrew Dry and Martin Dry. ¹


Transcription:

This indenture made the 22nd day of October in the year of Our Lord 1790 between Andrew Dry of the County of Mecklenburg  Rowan and state of North Carolina of the one part and Martin Dry of the County of Mecklenburg and State aforesaid of the other part witnesseth that for and in consideration of the sum of ten pounds of good and lawful money of said State to me in hand paid by the said Martin Dry to the said Andrew Dry in hand paid the receipt whereof is hereby fully acknowledged to him, the said Andrew Dry hath given granted bargained and sold and by these presents doth give grant bargain and sell unto the said Martin Dry his heirs and assigns a certain piece or parcel of land lying and being in the County and State aforesaid containing one hundred fifty acres lying on the east side of Dutch Buffalo Creek on both sides of the Long Run Beginning at a post oak near Charles Drys old line running thence So 26 degrees West 6 poles to a small Gum in said Run, thence with or near said line South 70 degrees West 17 poles to a Red Oak thence S 14 poles crossing the Woolfs___Branch to a stake, thence N 17 poles Crossing said branch to a B. O. grub, thence the same course N 60 poles to a stake, thence W 6 poles crossing said Long Run to a stake, thence to the Beginning. By a State Grant dated December 2nd and in the IX Year of the Independence and in the year of our Lord 1787 together with all woods mines minerals Hereditaments and appurtenances the said land belonging to have and to hold the aforesaid 150 acres of land with all rights privileges and improvements to the same in any wise belonging to him the said Martin Dry his heirs and assigns forever and the said Andrew Dry for himself and his heirs and assigns doth hereby covenant and agree to and with the said Martin Dry that he the said Martin Dry his heirs and assigns shall and may forever hereafter peaceably and quietly have hold occupy possess and enjoy the aforesaid granted lands and premises without the debt of notification of any wise whatsoever and free and clear from all manner of incumbrancers whatsoever and the said Andrew Dry doth oblige himself and his heirs to warrant and defend the aforesaid granted lands and premises to him the said Martin Dry his heirs and assigns forever against the claims of all persons whatsoever. In Witness whereof the party has hereunto set his hand and seal the day and year first written.
                                                                              Andrew Dry {Seal}
Signed Sealed and Delivered in presence of
Daniel Jarret
{another witness illegible}

Mecklenburg County, Oct. Sep. 1790
Then was the execution of the within deed proven in open Court by Daniel Jarret a witnefs thereto and order to be registered.
Sept. ?? Alexander, Clerk

Andrew Dry is my 4th Great Grand Uncle.

Martin Dry is my 4th Great Grandfather.


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Deed Book 13, page 831, Mecklenburg County, NC
https://familysearch.org/ark:/61903/3:1:3QS7-89DX-Q9X3?cat=168633

Amanuensis Monday~1822 Land Deed~Sheriff’s Sale to Martin Dry

 
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 1822 Land Deed~Sheriff’s Sale to Martin Dry.

I have found land deeds in some unusual places but this land deed was from a most unusual place-the Revolutionary Pension File of Martin Penniger, S-14951.



Transcription:

[This] Indenture made the 22^nd day of Oct. in the year of our Lord one thousand eight hundred and twenty two between John McLellan Esqr. High Shrff of the county of Cabarrus & State of N. Carolina of the one part – Whereas by virtue of an Execution Issuing from the county court of pleas & quarter Sefsions against Martin Peninger for the sum of Sixty dollars which Sd. Sum was recovered by Michael Brown against Martin Peninger of Sd county xxxxxxxxxx as on ?? may appear & whereas the Sd Execution was directed & delivered unto the Sd. J. McLellan Esq. High Sh’ff as aforesd commanding him that of the goods & chattles lands & tenements of Martin Peninger he should cause to be made the aforesd sum of $60 to satisfy Sd. Execution with costs thereon & the Sd J. McLellan Sh’ff as aforesd in pursuance & by virtue of his office & the aforesd Execution did seize & take into his hands & pofsefsion (No goods nor chattles to be found) a certain piece or parcel of land situate in Sd. County of Cabarrus Bounded as follows—Beginning at a P. O. at the edge of the old field of Wm. McGraves runs thence N. 48 W. 53 po to persimmons now a stake near the branch then S. 19 W 72 po to a P. O. then S. 40 W 33 2/2 po to a Hickory then N. 61 W. 58 po to a corner of the old tract & the division line N 28 E. 60 po to a Chery tree then N 5 E. 18 po to a walnut then N. 40 E. 32 po to a Sassafras then N. 15 W 144 po to a W. O. the dividing corner on the old line thence S. 72 E. 18 po to a R. O. then S. 16 ½ E. 192 po to a Hickory now a stake from thence to the beginning containing 95 acres --- And the Sd John McLellan Sh’ff as aforesd did after due advertisement according to law did cause the Sd. Piece or parcel of land with all the appurtenances thereunto belonging to be put up at public sale to the highest bidder on the 22^nd day of Oct. AD 1822 at which time & place the aforesd (pg 2) Martin Dry became the last & highest bidder at the sum of Sixty dollars for the Sd. Lands with the appurtenances thereunto belonging.
This indenture therefore witnefseth that the Sd. J. McLellan Sh’ff as aforesd of Cabarrus county for & in consideration of the Sd Sixty dollars to him in hand paid by the Sd. M. Dry before the sealing & signing of these presents the rect whereof is hereby ack’d- he the Sd. J. McLellan Sh’ff doth hereby bargin Sell alien Empeoff convey & confirm unto the Sd Martin Dry his heirs Exc. Adms & afsigns forever all the aforesd rights, title claim or demand of or on the aforesd land with all the hereditaments or Emoluments belonging to the same or in any wise appertaining to hold to him the Sd. M. Dry his Heirs Exe. Adm. Or afsigns forever in as full & as ample a manner as he the Sd. Sh’ff is empowered to go by virtue of his office & no further the Sd. J. McLellan Sh’ff doth hereby covenant promise & grant to & with the Sd. M. Dry his heirs &c that he the Sd. M. Dry his Heirs Exc. Adms shall & may from time to time & at all times hereafter to hold occupy & pofsefs & enjoy the Sd. Premises with the appurtenances free & clear of all Incumbrance had or made by him the Sd. Sh’ff or by his order means or procurement & he the Sd John McLellan Sh’ff will warrant & defend the same to the Sd M. Dry so far as he is Empowered by virtue of his office & no further_____
In witnefs whereof the Sd John McLellan Sh’ff of Cabarrus county hath hereunto set his hand & affixed his seal the day & year first above written .
Sealed & delivered} Peter Dry Lt.                               John McLellan Sr.{seal}
In the presence of}
State of North Carolina}
Cabarrus County) Oct. Sefs. 1824
I do hereby certify the within deed was duly proven in open court by the oath of Peter Dry recorded & ordered to be registered.
 
State of North Carolina}
Cabarrus County) Oct. 21st 1824
I certify that the within is a true copy.
                                                                                  J. Alexander Register
 
Martin Dry purchased this 95 acres of land, owned by Martin Penniger, at a Sheriff’s sale on 22 October 1822 for Sixty ($60.00) dollars. Martin Dry at the time of this purchase was 63 years of age; his son, Peter Dry, was 35 years of age. 
 
Martin Dry is my 4th Great Grandfather; Peter Dry is my 3rd Great Grand Uncle.  









 
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[1] Ancestry, "Revolutionary War Service Records" database, Military Service Records (http://www.fold3.com/:accessed 2 January 2017), entry for Martin Penninger, S-41951, Private; Revolutionary War; https://www.fold3.com/image/27197132.[Deed was found in the Revolutionary War file of Martin Penninger, S-41951 https://www.fold3.com/image/27197132 & https://www.fold3.com/image/27197135]

Land Grant #202-Martin Dry-118 Acres on Bear Creek

 State of North Carolina
No. 202 Know ye that we have granted to Martin Dry one hundred and eighteen Acres of Land in Cabarrus County on the waters of Bear creek, Beginning at a post oak running thence North Eighty two East One hundred eighty four poles to a pine and thence North two East one hundreds and fifty four poles to a post oak thence North fifty two West twenty eight poles to a black jack, thence South fifty three West forty one poles to a stake thence to the Beginning. Entered the 9^th day of November 1798. To Hold to the said Martin Dry his heirs and assigns forever, dated the 10th of Dec. 1800.
Will White, Secretary                                   B. Williams


Martin Dry, my 4th Great Grandfather, received a 118 Acres Land Grant from the State of North Carolina on 10 December 1800 in Cabarrus County on the waters of Bear Creek. 

Martin was married to Catherine Keppel and they had nine children; four of which were born prior to obtaining this land grant.

Treasure Chest Thursday~John Laton–War of 1812

 Transcription:

That her said husband volunteered at Old Henderson , on or about the ________________, 18___, for the term of six months, and continued in actual service in the said war for the term of six months and was honorably discharged at Salisbury, on or about ______________________.
She further states that she was married to the said John Laton in Montgomery County now Stanly County on or about 10^th June 1824 by one John Kendall who was, a Justice of the peace, and that her name before her marriage was Catherine Dry, and that her husband died in July 1852.

John Laton died in July 1852 and the land he received was sold by his executor. On 5 June 1855, after his death, Catherine Dry, his wife, daughter of Martin Dry and Catherine Keppel made application for a Bounty Land Warrant for herself based his service in the War of 1812.  This is a portion of that document which can be found on Fold3.com at https://fold3.com/image/1/315053485








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[1] War of 1812 Pension Application Files Index, 1812-1815, Record Group Number 15, NARA Microfilm Publication M313, 102 rolls (Washington D.C.: National Archives. NARA, ), Roll number: 56, John LATON, 1 March 1814-16 July 1814.
[2]  https://fold3.com/image/1/315053485

Tuesday’s Tip~Confirmation, Verification of Derivative Sources

Here a good case why derivative sources should be double checked. My 3rd Great Grandmother is Charity Dry wife of Martin ‘Mark’ I. Huneycutt. Many on-line trees have a man by the name of Martin Dry as her Father; so I’m off looking for Martin Dry in all available resources within my library and on-line. 

On of those major resources is a book compiled by Thornton W. Mitchell in 1987, revised and republished in 1992. His book is:

North Carolina Wills, A Testor Index, 1665-1900

I have a Corrected and Revised Edition and on Page 142 of that book Martin Dry is listed.










Thornton W. Mitchell’s book says that Martin Dry left a Will in 1837 and that it can be found in PQS 5/405 (Pleas and Quarter Sessions, Book 5, page 405). 

Now, I’m a genealogist and I found this information about a week ago. Due West of me about 40 miles, by Interstate 85, is the County seat of Cabarrus County, North Carolina. I’m ready to head west and get a copy yesterday. So early this morning the wife and I drove over to Concord, North Carolina to retrieve this WILL. 

It was not to be!! I left empty handed.  

I was informed by the very nice clerk at the front window that all those books had been transported to the State Archives for safe keeping. She did say I was welcome to examine the basement and see if what I was looking for was still on-hand and had not yet been shipped. So I took a stroll down the stairs into the basement of the Cabarrus County Courthouse. To me this small excursion was very fruitful. While I DID NOT find the Pleas and Quarters Session books; I did find several indexes and one of those index books that  I found was a Will Index Book. 

So I open up the WILL INDEX Book to the page for the DRY surnames and low and behold but there he was listed on the very first line. 






BUT, his WILL IS NOT in PQS-5, page 405 according to this WILL INDEX BOOK; it is listed being in PQS-2, page 405.

Mitchell’s Book is WRONG according to the Courthouse indexes. 

I will not go so far as to say that this typewritten Index is an Original Source but I will say that I would put more faith in the data within the Index over the Book. 

I still need a copy of this WILL and while Raleigh, NC is just a 1 1/2 hour trip eastward  I instead went to the NC State Archives and requested a copy of the Will by e-mail -- http://req.archives.ncdcr.gov/

Has requested information on A Court Minute.
For Person: Martin  Dry
In Year: 1837
County: Cabarrus County
Other  Info:
Seeking the Will of Martin Dry, 1837
Will Index at Cabarrus Courthouse show WILL is in
Pleas and Quarter Session 2/405
Thornton Mitchell Book give source as
Pleas and Quarter Session 5/405
Charles L. Purvis

This is a good lesson in the necessity to verify information from derivative sources.