Indenture, W. Huger FitzSimons & William R.W. Howe to Robert E. Stepp (Henderson County, NC) — page 2 with notarial acknowledgments
Book 1, Page 242 ·1918
Transcription
Indenture, page 2
47 minutes East Two hundred and seven and one half(207½) feet, thence still with his line South 33 degrees 58 minutes East, Three hundred and eighty one and three quarters(381¾) feet to the beginning containing Twenty five and fourteen hundred and sixty three ten thousandths acres (25.1463/10,000).
Second: Beginning at a point in the South margin of FitzSimons Street Four hundred and forty one(441) feet South 56 degrees 25 minutes West from a point in South margin of same Street directly opposite the beginning corner of the first tract above described, and runs with said Street South 56 degrees 25 minutes West Three hundred and twenty one and one quarter(321¼) feet, thence South 56 degrees 25 minutes East Five hundred and fifty(550) feet, thence North 43 degrees 12 minutes East Three hundred and thirty(330) feet, thence North 32 degrees 45 minutes West Four hundred and seventy six(476) feet to the beginning, containing Three and Seventy nine hundred and forty one ten thousandths(3.7941/10,000) acres.
TO HAVE AND TO HOLD the same, together with all hereditaments and appurtenances thereunto in anywise appertaining unto the said party of the second part.
IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written.
Signed sealed and delivered in the presence of:
[signed:] J.A. Woodward W. Huger FitzSimons (SEAL) [signed:] C.M. Webster [signed:] Walston C. Finger William R.W. Howe (SEAL)
Qualified Executors of the estate of Theodore G. Barker, deceased.
Acknowledgment, Florida
State of Florida ) County of [blank] ) ss:
I, E.M. Webster, a Notary Public in and for the above County and State do hereby certify that William R.W. Howe, qualified Executor of the estate of Theodore G. Barker, deceased, personally appeared before me this day and acknowledged the due execution by him of the annexed deed of conveyance.
WITNESS my hand and official seal this 8th day of July 1918.
[signed:] E.M. Webster Notary Public, State of Florida My commission expires Aug. 15, 1918.
[Editorial note: the typed body of this Florida certificate names William R.W. Howe, but Howe was a Charleston attorney and the South Carolina certificate below names W. Huger FitzSimons. Since FitzSimons wintered in Volusia County, Florida and Howe practised in Charleston, the names in the two acknowledgments were almost certainly transposed by the typist.]
Acknowledgment, South Carolina
State of South Carolina ) County of Charleston ) ss:
I, Walston C. Finger, a Notary Public in and for the above County and State do hereby certify that W. Huger FitzSimons, qualified Executor of the estate of Theodore G. Barker, deceased, personally appeared before me this day and acknowledged the due execution by him of the annexed deed of conveyance.
WITNESS my hand and official seal this 6th day of July 1918.
[signed:] Walston C. Finger Notary Public State of S. Carolina My commission expires at the pleasure of the Governor.
AI Notes
Continuation of the indenture begun on page 241; verso/Clerk-of-Court form is on 243; the docketed back-of-folded-document with the pencilled “E.M.F.S. / Copy / Seal / January 21, 1918” endorsement is on 245. Completes the metes-and-bounds description of the first parcel (25.1463 acres), then describes a Second parcel of 3.7941 acres beginning at a point in the South margin of FitzSimons Street. Habendum and testimonium clauses follow, with typed names and “(SEAL)” notations for W. Huger FitzSimons and William R.W. Howe as “Qualified Executors of the estate of Theodore G. Barker, deceased.” Three witness signatures (J.A. Woodward, C.M. Webster, Walston C. Finger) appear at left. Below are two notarial acknowledgments dated July 1918: one before E.M. Webster, Notary Public of (Volusia County) Florida, the other before Walston C. Finger, Notary Public of Charleston County, S.C. As typed the two acknowledgment captions appear swapped (the Florida certificate names Howe; the South Carolina certificate names FitzSimons) — almost certainly a typist’s error, since FitzSimons wintered in Florida and Howe was in Charleston.