Deed of Mary Lincoln and Abraham Lincoln to Robert A. Anderson, 18 September 18541
|Mary Lincoln &husband|
This Indenture2 made and entered into this Eighteenth day of September in the year of Our Lord one thousand eight hundred and fifty four between Mary Lincoln and Abraham Lincoln her husband of the County of Sangamon ^City of Springfield^ and State of Illinois of the first part, and Robert Anderson of the County of Sangamon and State of Illinois of the Second part Witnesseth– that the said party of the first part for and in Consideration of the Sum of Twelve hundred Dollars 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 his heirs and assigns a Certain Tract of land situate lying and being In the County of Sangamon and State of Illinois known and designated as follows to wit, the East half of the South east quater of Section twelve in Township fifteen North of Range six west Containing eighty acres more or less the right in said Land hereby conveyed being the title in fee Simple in the said Mary Lincoln––3
To have and to hold the aforesaid Tract or Parcel of land together with all and Singular the privileges and appurtenances4 thereunto belonging or in anywise appertaining to the only Proper use and benefit of him the said party of the Second Part his heirs and assigns forever. And the said party of the first part for themselves their heirs Executors and administrators do Covenant with the said party of the Second part that they are lawfully Seized have full right to Convey and will forever warrant and Defend the said Tract of Land from the Claim of them the Said party of the first part their heirs and assigns and against the Claim or Claims of any other person whomsoever–,, Subject however to the encumbrance of the Great Western Rail road as now located over and upon the same
In Witness whereof the said party of the first part have hereunto Set their hands and Seals the day and year first above written
In presence ofMary Lincoln seal A– Lincoln seal
[ certification ]
|State of Illinois||}||SS[scilicet]|
Before me the undersigned Clerk of the Circuit Court within and for the County aforesaid came Mary Lincoln and Abraham Lincoln her husband who are personally known to me to be the real persons by whom and in whose names the above Conveyance was Executed and by whom and in whose names the Same is proposed to be acknowledged and who then Severally acknowledged their Signatures thereto to be their free and voluntary act and Deed for the purposes therein expressed and the said Mary Lincoln wife of the said Abraham Lincoln being By me first examined Separate and apart from her said husband and the Contents of the said conveyance being first made known to her acknowledged that freely and voluntarily and without any Compulsion or Coercion from her said husband she Executed the Same and forever relinquishes all her right of Inheritance In and to the Lands and Tenements in said Conveyance described and that she does not wish to retract–5
Given under my hand and Seal of office this Eighteenth day of September in the year of our Lord one thousand Eight hundred and fifty fourJ H Matheny Clerk6
[ docketing ]
Recorded October 7th AD1854Jas H Matheny Clk[Clerk] & Ex[Ex officio] R SC[Recorder Sangamon County]7
1Although James H. Matheny recorded this deed, Benjamin Talbott transcribed it. Neither Mary Lincoln, Abraham Lincoln, nor Matheny signed their names.
2Historically, the word “indenture” referred to the crimps made in the original and copies of a document to prove the authenticity of the copies at a later date. Eventually, the word became synonymous with deeds, and particularly to real property transaction deeds in which both parties assumed obligations, which is the context within which the word is used here.
“Indenture,” Reference, Glossary, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d edition (Springfield: Illinois Historic Preservation Agency, 2009), http://www.lawpracticeofabrahamlincoln.org/Reference.aspx?ref=Reference%20html%20files/Glossary.html.
3The land described here lies approximately four miles southwest of Springfield in Curran Township in central-western Sangamon County. Robert S. Todd and Elizabeth L. Todd deeded this land to Mary Lincoln in March 1844, but, in a letter to his son-in-law Ninian W. Edwards enclosing the deed, Robert Todd stated that he wished Lincoln “to avail himself of this Land immediately if it will be of any advantage or add to his comfort in any way.”
Deed of Robert S. Todd and Elizabeth Todd to Mary Lincoln; Robert S. Todd to Ninian W. Edwards, March 13, 1844, Extended Family, Lincoln Collection, Abraham Lincoln Presidential Library and Museum (Springfield, IL).
4In legal terminology, an “appurtenance” refers to “that which belongs to something else,” and “which passes as incident to it.”
Henry Campbell Black, Black’s Law Dictionary, 5th ed. (St. Paul, MN: West, 1979), 94.
5Matheny questioned Mary Lincoln separately as part of a standard practice of establishing that she was surrendering her rights to the land of her own free will.
For examples of other instances when county clerks questioned Mary Lincoln separately with regard to relinquishing her property rights, see Deed of Abraham Lincoln and Mary Lincoln to Frederick S. Dean and Harriet W. Dean; Deed of Abraham Lincoln and Mary Lincoln to John D. Johnston; Deed of Abraham Lincoln and Mary Lincoln to Alexander Graham.
Handwritten Transcription, 2 page(s), Sangamon County Deed Book PP, 530-31, Illinois Regional Archives Depository, University of Illinois at Springfield (Springfield, Illinois).