Monday, November 21, 2011

Amanuensis Monday - Deed - Andrew Yawman to Nicholas Yawman (1848)

On his TransylvanianDutch blog, John Newmark defines an amanuensis as “a person employed to write out what another dictates or to copy what has been written by another.” For more information about this daily blogging prompt, see John’s post Amanuensis – Why?.

I have amassed quite a collection of scans of handwritten documents related to my ancestors—primarily marriage records, deeds, and wills. As I have been transcribing these documents, it occurred to me that most of these documents were not actually written by my ancestors, but rather dictated to someone else, and then transcribed by a clerk into official records.

While in Salt Lake City in October, I focused on trying to find records of my Yawman ancestors. I found the following deed in which my 2nd great-grandfather Andrew Yawman and his wife Catherine Sitterly Yawman sold a piece of property to Nicholas Yawman, Andrew’s brother. I did not find the deed representing the original purchase. This typewritten transcript was likely prepared by a clerk many years after the purchase.

“THIS INDENTURE, Made this Twenty Second day of December in the year of our Lord one thousand eight hundred and Forty eight BETWEEN Andrew Yawman and Catherine his wife of the City of Rochester County of Monroe and State of New York of the first part, and Nicholas Yawman of the same place of the second part,
“WITNESSETH, That the parties of the first part, in consideration of the sum of Seven hundred Dollars to them duly paid, have sold, and By these Presents, do grant and conveyto the said part of the second part, his heirs and assigns, all that tract or parcel of
LAND, situate in the said of Rochester and know and distinguished upon a certain map Recorded in Liber sixty two (62) of deeds page two hundred forty one (241) in the Clerks office of the County of Monroe as lot number twenty three (23) being a subdivision of that part of great lots Forty six (46) and Forty seven (47) lying west of the Erie Canal and which said lot twenty three (23) contains ninety two hundredths of an acre of land more or less & being the same premises conveyed by by the Albany City Bank to the said Andrew Yawman by deed bearing date the Tenth day of August 1848.
“WITH THE APPURTENANCES, and all the estate, title and interest therein of the said parties of the first part. And the said Andrew Yawman doth hereby convenant and agree, to and with the said party of the second part, his heirs and assigns, that the premises thus conveyed, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, he will forever WARRANT AND DEFEND, against any persons whomsoever, lawfully claiming the same or any part thereof.
“IN WITNESS WHEREOF, The parties of the first part have hereunto set their hands and seals the day and year first above written.
“Sealed and Delivered in Presence of
            Thomas Moran Jr.                                      Andrew Yawman (L.S.)
                                                                              Catharine X Yawman (L.S.)
“State of New York    )
Monroe County ss:      )           On the 27th day of December 1848 personally appeared before me the subscriber Andrew Yawman and Catherine his wife to me known to be the persons described
in the above instrument who acknowledged that they executed the same and the said Catherine on a private examination apart from her husband acknowledged that she executed the same freely and without fear or compulsion of her said husband.
A true copy of the original recorded              )  Jeremiah Cutler Comr. of Deeds
Sept. 5, 1850 at 2 O'Clock P.M. & Exam'd.)
                                    John T. Lacey Clerk”

Source:  Monroe, New York, Deed Books, 92: 130, deed,
Andrew Yawman and wife to Nicholas Yawman,
5 Sep 1850; FHL microfilm 825,856.

© 2011 Denise Spurlock

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