Papers Of Abraham Lincoln

259

This Indenture made this thirtieth day of September [in] the year of our Lord one thousand eight hundred [and] thirty four, between John W. Deniston and Margaret [his] wife of the county of Mercer, and State of Illinois, of [the] one part, and William Deniston of the county and State afore[said] of the other part Witnesseth, that the said John W. Deniston and Margaret 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, barga[in]ed and sold, and by these presents, do give grant, bargain and sell all their right title, interest, and estate in and to fractional section thirty one, in Township fourteen N[orth] of Range five West.1

To have and to hold to the said William Deniston his heirs, and assigns forever, the above tract of la[nd] together with all and singular the privileges and appurtenances thereunto belonging, and the said John W. Deniston and Margaret his wife, do covenant to and with the said William Deniston to Warrant and forever defend the title of sa[id] land against the claim or claims to any and all persons whom[soever]

In testimony whereof the said John W. Deniston and Margaret his wife have hereunto set their hands and seals the day and year above written.
John W. Deniston seal Margaret Deniston seal

[ certification ]
Erwin, JamesLincoln, Abraham (President)

Signed sealed and delivered in presence of
JAs. ErwinA. Lincoln.

[ certification ]
09/30/1834
Erwin, James

State of Illinois Warren County.

Before the undersigned one of the Justices of the Peace, [within] and for the county aforesaid, on this thirtieth day of September

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in the year of our Lord one thousand eight hundred and thirty four, personally appeared John Deniston and Margaret his wife, the above grantors, and acknowledged the above indenture to be their voluntary act and deed, and at the same time, the said Margaret, wife of the said John Deniston being by me first examined separate and apart from her said 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 fear, force, or coercion of her said husband.2

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

1The land described here is located south of Springfield in central Sangamon County.

2“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.