Papers Of Abraham Lincoln

[2]58

This Indenture made this thirtieth day of September in the year of our Lord one thousand eight hundred and thirty four, Between William Deniston and Rachel his wife of the county of Mercer, and State of Illinois of the one part and Elijah Iles of the county of Sangamon and State aforesaid of the other part Witnesseth that the said William Deniston, and Rachel his wife for and in consideration of the sum of nine hundred dollars to them in hand paid, the receipt whereof is hereby acknowledged have given granted bargained and sold and by these presents do give, grant, bargain, and sell all their right, title, interest, and estate, in and to the following described lots being situate in the town of New Boston, lying and being in the aforesaid county of Mercer (viz) Lots Nos 1, 4, & 7, in Block No 2, Lots Nos. 3, in Block 3, Lots 1, 2, 3, 4, & 6, in Block 4, Lots 2, 5, & 6 in Block 5, Lots 1, 3, 6, in Block 6, Lots 2, 4, 7, & 8, in Block 7, Lots 2, & 7, in Block 10, Lots 3, 4, 7, & 8, in Block 11, Lots 2, in Block 13, Lots 3, 7, & 8, in Block 14, Lot 1, in Block 15, Lots 1, & 2, in fractional Block 1, Lot 2, in fractional Block 2, Lots 1, & 4, in fractional Block 3, and out lots No. 1, 2, 4, 5, & 8, as represented by the plat of the said town of New Boston.

To have and to hold to the said Elijah Iles, his heirs, and assigns forever the above described lots, together with all and singular the privileges and appurtenances thereunto belonging, (excepting ferry privileges) and the said William Deniston and Rachel his wife do covenant to and with the said Elijah Iles to Warrant and forever defend the title of said lots against the claim or claims of every and all persons whomsoever.

In testimony whereof the said William Deniston and Rachel his wife have hereunto set their hands, and seals the day and year first above written.
William Deniston seal Rachel Deniston seal

[ certification ]
Lincoln, Abraham (President)Erwin, James

Signed sealed and delivered in presence of
A. LincolnJAs. Erwin.

[ certification ]
09/30/1834
Erwin, James

State of Illinois, Warren County, Ss.

Before the undersigned one of the Justices of the peace within and for the county aforesaid, on this thirtieth, day of September 1834, personally appeared William Deniston and Rachel his wife, the above named grantors and acknowledged the above indenture to be their voluntary act and deed

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and at the same time, the said Rachel wife of said William Deniston, being by me first examined separate and apart from her husband and made acquainted with the contents of the above deed, by hearing the same read, acknowledged that she did sign the aforesaid deed, and now doth acknowledge the same freely and voluntarily and without any fear, force, or coercion of her husb[and]1

In testimony whereof I have hereunto set my han[d] and affixed my seal this day and date above.
JAs. Erwin J. P.[Justice of the Peace] seal

1“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 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,” in Robert K. Miller Jr. and Stephen J. McNamee, eds., Inheritance and Wealth in America (New York: Springer Science and Business Media, 1998), 94.