Indenture, W. Huger FitzSimons & William R.W. Howe (executors of Theodore G. Barker) to Robert E. Stepp (Henderson County, NC) — page 1

Indenture (typed legal document, page 1)

STATE OF NORTH CAROLINA

COUNTY OF HENDERSON.

THIS INDENTURE made this thirty first day of January in the year of our Lord, One thousand Nine hundred and Eighteen, between W. Huger FitzSimons and William R.W. Howe, qualified Executors of the Last Will and Testament of the late Theodore G. Barker, deceased, parties of the first part, and ROBERT E. STEPP, of the County of Henderson, North Carolina, party of the second part:

WHEREAS the late Major Theodore G. Barker departed this life on or about the 31st day of Jan’y 1917 seized and possessed of the tracts of land hereinafter described and leaving in full force his Last will and testament bearing date the 11th day of May 1910 and duly admitted to probate in the office of the Clerk of Court of Henderson County, North Carolina, in and by which the said Theodore G. Barker empowered the persons who qualified as Executors upon said will to sell at public or private sale at their discretion at such time or times places or places in such parts or part, form and manner as they may determine, all or any part of his estate real and personal and to make execute and deliver to the purchaser or purchasers thereof complete title to the same, as will more fully appear by reference to said will:

AND WHEREAS W. Huger FitzSimons and William R.W. Howe have qualified as executors upon said will and execute this deed pursuant to the power therein contained:

NOW THEREFORE THIS INDENTURE WITNESSETH, that the said parties of the first part, for and in consideration of the sum of Two thousand ($2000.00) dollars and other valuable consideration in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, conveyed and confirmed, and by these presents do bargain and sell and convey and confirm unto the said party of the second part his heirs and assigns forever all that following described pieces and parcels of land lying and being in the County of Henderson and State of North Carolina, and known and designated as follows, to-wit:—

First: Beginning at a point in the North margin of FitzSimons Street located 350 feet, South 56 degrees 25 minutes West from a [rock] corner stone in the same margin of said Street at its intersection with the West line of Southern Railway Company’s right of way, and runs thence with said North margin of said Street South 56 degrees 25 minutes West Fourteen hundred and sixty nine and one quarter(1469¼) feet to the South East corner of W.C. Jordan’s land, thence with W.C. Jordan’s Easterly boundary North 33 degrees 35 minutes West Eight hundred and five and one half(805½) feet to a white oak (described as ______ in the South margin of Brookland Avenue); thence with the South margin of said Avenue North 56 degrees 20 minutes East, Twelve hundred and sixty one and one half(1261½) feet, to the North West corner of land of Thomas, thence with Thomas’s line South 33 degrees 58 minutes East Four hundred and twenty(420) feet, thence still with his line North 56 degrees