Deed of Abraham Lincoln et ux. and Gershom Jayne et ex. to Pleasant Armstrong and
John Yardley, 27 October 18481
This Indenture made this twentyseventh day of October in the year of our Lord one thousand, eight hundred and fortyeight, by and between Gershom Jayne and Sibyl Jayne, his wife, and Abraham Lincoln, and Mary Lincoln his wife, all of the city of Springfield, in the State of Illinois, party of the first part; and Pleasant Armstrong and John Yardly of the county of Menard and State aforesaid, party of the second part, Witnesseth:
That the said party of the first part, for, and in consideration of the sum of one
hundred dollars to them in hand paid, by the said party of the second part, the receipt
whereof is hereby acknowledged, have granted, bargained and sold, and by these presents
do grant bargain and sell unto the said party of the second part, the following described
tract or parcel of land, towit: The North part of the North West fractional quarter of Section Three in Township
Nineteen North of Range Seven West, of the Third Principal Meridian, situated in the
county of Mason, and state aforesaid, containing fortyseven acres more or less–2
To have and to hold to the said party of the second part, their heirs and assigns
forever, the above described tract of land, together with all and singular the previleges and appurtenances thereunto belonging– And the said party of the first part, for
themselves and their heirs, do covenant to and with the said party of the first second part, that they are lawfully seized, have full right to convey, and will warrant
and forever defend the title of said land against the claim or claims of themselves,
their heirs, and of any and all persons whomsoever–
In testimony whereof the said party of the
Gershom Jayne <Page 2>
first part have hereunto set their hands and seals the day and year first above written–
seal Sibyl Jayne
seal A. Lincoln
seal M. Lincoln
seal
<Page 3>
[ certification
]
10/27/1848
seal 4
10/27/1848
State of Illinois | } | |
ss.[scilicet] | ||
Sangamon County |
Before me the undersigned a Justice of the peace in and for said County, personally
came Gershom Jayne, and Sibyl Jayne his wife, Abraham Lincoln, and Mary Lincoln his
wife, who are personally known to me to be the identical persons ^by me here and in whose names^ who executed the foregoing Deed ^was executed^ who there acknowledged their signatures thereto to be their free and voluntary act
and deed for the purposes therein expressed.
And the said Sibyl Jayne wife of the said Gershom Jayne, and Mary Lincoln wife of
the said Abraham Lincoln, being by me examined separate and apart from their said
husbands and the contents of said conveyance being by me made known to them, acknowledged
that they signed the same freely and voluntarily and without any compulsion or coersion from their said husbands, and forever relinquished their right and claim of Dower
to the premises in said deed named3
Given under my hand and seal this 27th day of October A.D. 1848
J W Keyes J. P.[Justice Peace] seal 4
[ certification
]
10/28/1848
10/28/1848
State of Illinois
Sangamon County
Sangamon County
I Noah W Matheny clerk of the county commissioners court for said county do hereby certify that J W Keyes Esqr[Esquire] whose name is Subscribed to the foregoing certificate of acknowledgment was on the
day the same bears date an acting Justice of the Peace in and for said county duly
commissioned and qualified as appears of Record and that as such full faith and credit
are due to all his official acts
Given under my hand and Seal of office at Springfield this 28th day of October AD 1848
N W Matheny clerk5Given under my hand and Seal of office at Springfield this 28th day of October AD 1848
<Page 4>
[ certification
]
05/29/1849
by F S D Marshall Depty[Deputy]6
05/29/1849
Jayne & Lincoln | } |
To | Deed |
Armstrong & Yardley |
No 1416
Filed for Record
May 29th 1849Filed for Record
and duly Recorded in the
Recorders office of Mason County Illinois in book C of Deeds on pages 186 & 187 To
all which I certify
L S Jones
Recorderby F S D Marshall Depty[Deputy]6
fee $1.15
1Abraham Lincoln wrote the text of this indenture and signed his name. Gershom and
Sibyl Jayne and Mary Lincoln signed their names.
2The land described here is in southern Mason County, bordering Menard County and the
Sangamon River. Lincoln purchased the land, then situated in northern Menard County, from John Taylor in March 1836. In May 1837, Lincoln sold a half-interest in the land to Gershom Jayne.
3“Dower” is a term that refers to the legally protected lifetime right of a woman to
one-third of her husband’s lands and personal property. Dower was intended to provide
for the support of a widow and her children. Because of this, a husband could not
convey property without the consent of his wife.
Christopher A. Schnell, “Wives, Widows, and Will Makers: Woman and the Law of Property,”
In Tender Consideration: Women, Families, and the Law in Abraham Lincoln’s Illinois (Urbana: University of Illinois Press, 2003), 129, 133; Joan R. Gundersen, “Women
and Inheritance in America,” Robert K. Miller Jr. and Stephen J. McNamee, eds., Inheritance and Wealth in America (New York: Springer Science and Business Media, 1998), 94.
Autograph Document Signed, 4 page(s), University of Colorado Library (Boulder, CO).