The Last Will and Testament of Peter Dry, 1850

Peter Dry, b. abt 1787 in Cabarrus County, NC was the son of Johan Martin Dry and Catherine Keppel.

On 11 Jul 1809, Peter married Hetty Elizabeth A. Teter. Peter and Elizabeth would have 5 children; 4 daughters and a son.

Peter Dry wrote his Last Will and Testament on  23 February 1850. I haven’t found an exact death date but, I know from a Court entry that he died before 17 December 1853.

Page 416 Cabarrus County County January Sefsions 1856
Inventory. Amount of Property of Peter Dry sold on the 17th day of December 1853 by James Welliford Adm with the WILL annexed on a credit of Six months with interest from date. Total Amt of Sale   $141.25       
                     Jas. Welliford Adm with Will annexed.


Transcription:

Page 253
In the name of God, I, Peter Dry of the County of Cabarrus and state of North Carolina, in sound and disposing mind and memory but conscious of the uncertainty of life, do make and declare this paper writing to be and contain my last will and Testament, as follows, viz:
Item 1^st. I give my soul to God, who gave it and direct my body to be buried in a decent and Christian like manner.
Item 2^nd. I direct all my just debts and necefsary funeral expenses be paid.
Item 3^rd. As to my worldly effects I will, bequeath and devise as follows: I give to my beloved wife Elizabeth Dry all my property of every kind whatsoever real personal and mixed that may remain after the payment of my just debts, and funeral expenses as aforesaid, to be used and enjoyed by her for the support of herself, and such of my family as may remain with her during her natural life or so long as she may bear my name. And, in the event of her death, I direct my executrix hereinafter named to divide all the residue of said estate among my three children, Martin, Mary and Catherine Dry and 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. In the event of the marriage of my widow I direct that all of my estate of every kind whatever then on hand, that may remain after the payment of my debts and funeral expenses be equally divided between my said widow, my three children, Martin, Mary and Catherine and my grandson Franklin Dry after deducting off of my said grandson share one hundred dollars as heretofore mentioned.
Item 4^th. For the purpose of paying my debts and funeral expenses, I direct that my executrix be at liberty to sell such of my property as she may deem most suitable
Page 254
for that purpose.
Item 5^th. I desire that my wife shall give to each of my children and grandson, viz: Martin, Mary, Catherine and Franklin Dry on their marrying and settling off to themselves such articles of property as she may deem proper to be accounted for in a final settlement, as hereinafter directed.
Item 6^th. It is my wish and my exprefs instruction that neither my daughter Margaret Speight nor her husband Simon E. Speight or their ifsue shall have any portion of my estate.
Item 7^th. I hereby appoint my beloved wife Executrix of this my last Will and Testament and I direct her that in the event of the death of either of my three children, Martin, Mary and Catherine or my grandson Franklin Dry before marriage or without arriving at full age, the share of the one so dying shall be held by her for the use and benefit of herself and the survivors as before directed.
In testimony whereof I have hereunto set my hand and affixed my seal this the 23^rd day of February 1850. In the presence of us
                                                                     Peter Dry {seal}
Rufus Barringer
R. M. Foard

State of North Carolina, Court of Peas and Quarter Sessions
Cabarrus County} January Term 1855

I, J. W. Scott, Clerk of the Court of Pleas and Quarter Sefsions for the County of Cabarrus, do hereby certify that the execution of the foregoing last Will and Testament of Peter Dry deceased was duly proven in open court by Rufus Barringer and R. N. Foard, the subscribing witnefses thereto upon oath, whereupon it was ordered to be recorded and filed.
J. M. Scott, Clerk

Peter Dry is my 3rd Great Grand Uncle. 


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[1] WILL BOOK 1, Page 253 & 254; "North Carolina Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19422-24827-27?cc=1867501 : accessed 26 December 2015), Cabarrus > Wills, 1842-1856, Vol. 01 > image 131 of 150; county courthouses, North Carolina.

Treasure Chest Thursday~Marriage Bond: Peter Dry and Elizabeth Teter

Peter Dry, son of Johann Martin Dry and Catherine Keppel married Hetty Elizabeth A. Teter on 10 Jul 1809 in Cabarrus County, North Carolina.

Peter Dry and Hetty Elizabeth A. Teter had the following children:
    i.    Margaret Ann Dry, born abt 1813; married Simon E. Speight, 5 Sep 1846, Cabarrus County, North Carolina.
     ii.    John Martin Dry, born 22 May 1820; married Mary Jane McCullums, 11 Sep 1856, Cabarrus, North Carolina; died 2 Oct 1899, Concord, Cabarrus, North Carolina.
     iii.    Marian Carline Dry was born on 7 Jan 1824 in Cabarrus County, North Carolina. She died before 1850. Marian is not mentioned in her father's Last Will dated 23 Feb 1850.
     iv.    Mary A. M. Dry was born about 1827.
     v.    Elizabeth Catherine Dry was born about 1829.

Peter Dry passed away bef 17 Dec. 1853, the date his WILL was probated. Only 3 children were mentioned in the Will and these 3 are also listed in the 1850 Census. Elizabeth was found living with her son, John in 1860 but died sometime before 1870.

Peter Dry is my 3rd Great Grand Uncle.

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[1]Index to North Carolina Marriage Bonds, 1741-1868," database, Ancestry (http://www.ancestry.com : Viewed 4 June 2016), Elizabeth Tteter and Petere Dry; North Carolina Division of Archives and History, 1977.; Bond Date: 10 Jul 1809.

[2] Land Deed in Rev War File of Martin Penninger - Ancestry, "Revolutionary War Service Records" database, Military Service Records (https://www.fold3.com : accessed 3 June 2015), entry for Martin Penninger, S-41951, Private; Colonies; https://www.fold3.com/image/27197132.

[3] Peter DRY (1850), WILL BOOK: 1; Page 253 & 254; Probate Office, Concord, North Carolina.

[4] "North Carolina Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-195-2611998-1-29?cc=1867501 : 21 May 2014), Cabarrus > Settlements, 1846-1858, Vol. I > image 237 of 375; county courthouses, North Carolina.

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]