This Indenture made and entered into this nineteenth day of December in the year of our Lord one thousand eight hundred and
thirty one1 between John M Carmin and Polly his wife of the County of Sangamon and State of Illinois of the first and David Whary of the County and State aforesaid of the second part Witnesseth that the said party of the first
for and in consideration of the sum of sixteen dollars in hand paid by the said party
of the second part the receipt whereof is hereby acknowledged have granted bargained
and sold remised released and forever quit claimed and by these presents do grant
bargain sell remise release and forever quit claim unto the said party of the second
part his heirs and assigns all their interest in and to a certain lot of ground situated
as follows being lot No 12 in the Town of New Salem according to the Town Plat and to the return of survey[surveyor] General act part of the South West quarter of Section No 25 Township 18 North range 7 West2 in the district of land offered for sale at Springfield Illinois
To have and hold the aforesaid lot of Ground together with all and singular the rights
profits tenements hereditaments and appurtenances thereunto belonging or in any wise
thereunto appertaining to the only proper use and benefit and behoof of David Wharay the said party of the second part his heirs and assigns forever and the said party
of the first part do covenant to and with the said of the second part that they will
forever warrant and defend the said lot of ground from the claim of John M Carmin & Polly his wife the said party of the first part their heirs and assigns and against the
claim or claims of any other person or persons whomsoever.
In Testimony whereof the party of the first part have hereunto set their hands and
seals the day and year above mentioned.
John M Carmin
seal
Polly Carmin
seal
[ certification
]
Lincoln, Abraham (President)Maltby, Charles
Attest
A Lincolin
Charles Matheny[Maltby]
[ certification
]
12/09/1831
12/09/1831
State of Illinois
Sangamon County
Sangamon County
Personally came before the undersigned an acting Justice of the Peace for the County and State aforesaid John Carmin and Poly his wife both known to me to be the grantors of the the within deed and severally acknowledged the same to be their voluntary act and deed
for the purposes therein contained and Polly Carmin wife of the said John Carmin being by me examined separate and apart from her husband and by me made acquainted
with contents thereof freely acknowledged the same without the persuasion or compulsion
of her husband3
<Page 2>
Given under my hand and seal this 9th day of Dec 1831
Bolling Green
seal
[ docketing
]
01/09/1832
01/09/1832
Recorded Jan 9th 1832.
1Although this document appears to be dated on December 19, the certification by Bowling Green is dated December 9. Because the Camrons executed two other deeds to John McNamar on December 9, with the same witnesses, the December 19 date is likely an error.
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 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.
Handwritten Transcription, 2 page(s), Sangamon County Deed Book E2, 330-31, Illinois Regional Archives Depository, University of Illinois at Springfield (Springfield, Illinois) ,