Deed of Abraham Lincoln and Mary Lincoln to Alexander Graham, 2 March 18531
|Abraham Lincoln & wife||}|
This Indenture2 made and entered into this Second day of March in the year of our Lord one thousand Eight hundred and fifty three between Abraham Lincoln and Mary Lincoln his wife of the County of Sangamon and State of Illinois of
<Page 2>The first part and Alexander Graham 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 Three hundred and Seventy five Dollars and Cents 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 forever Certain Tracts of land situate lying and Being in the County of Sangamon and State of Illinois known and designated as follows to wit: Lot No thirteen and the North half of Lot No twelve both in Block no Seven in E Iles addition to Springfield in the County and State aforesaid–3
Tohave and to hold the aforesaid Tracts or Parcels 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 Tracts 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.
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 ofA. Lincoln seal Mary Lincoln seal
|State of Illinois||}||SS[scilicet]|
Before me the undersigned Clerk of the County Court within and for the County aforesaid came Abraham Lincoln and Mary Lincoln his wife 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 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 to the Claim of Dower in and to the Lands and Tenements in said Conveyance described.5
Given under my hand and Seal this Second day of March in the year of our Lord one thousand Eight hundred and fifty three–N W Matheny Clerk
^Filed March 2nd 1853 at 3. oclock PM^Recorded March 14th AD 1853Jas H Matheny Clerk & Ex R[Recorder] S C Ills
1It is unclear who recorded this deed. Neither Abraham Lincoln nor Mary Lincoln signed their names. The original deed has not been located.
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.
3Lincoln purchased lots twelve and thirteen in block seven of the Iles’ Addition to Springfield from Elijah and Malinda Iles on June 2, 1838. These lots were in the center of the block across the street from the property that Lincoln purchased in 1844, on which he eventually built his house.
Deed of Elijah Iles and Malinda Iles to Abraham Lincoln; Harry E. Pratt, The Personal Finances of Abraham Lincoln (Springfield, IL: Abraham Lincoln Association, 1943), 60.
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.
5Dower was a form of estate that provided for a widow’s needs out of her husband's real and personal property, and such property was not subject to creditor’s demands. In antebellum Illinois, the widow of a man with children received one-third of the land that her husband owned at any time during their marriage for the rest of her life, unless she relinquished her dower rights in the prescribed manner. If her deceased husband had no children, the widow received outright ownership of one-half of the estate.
This land would have become part of the right of dower to which Mary Lincoln was entitled, should she be widowed, but she relinquished her claim of right of dower with this section of the deed.
“Dower,” Reference, Glossary, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Reference.aspx?ref=Reference%20html%20files/Glossary.html.
Handwritten Transcription, 2 page(s), Sangamon County Deed Book KK, 356-57, Illinois Regional Archives Depository, University of Illinois at Springfield (Springfield, Illinois).