Monday, March 5, 2012

Amanuensis Monday - 1829 Deed - Roberts to Gandy

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.

This deed conveying land in Union County, Ohio, from William Roberts and others (through an agent) to Henry H. Gandy, my 4th great-grandfather, in December 1829 is very similar to the one transcribed last week which conveyed land from Roberts to Ephraim Cary, my 3rd great-grandfather and Henry Gandy’s son-in-law. The land description in this deed is quite involved, and I should attempt to plat it with Cary’s parcel to see how they adjoin. An interesting marker in this description is Sandusky Road. A descendant of John Wood, whose land adjoined Henry’s parcel, may have been David Wood who married Ephraim’s daughter Ruth, but I have not verified the relationship.

“Lawrence Ashton      )
Attorney in fact for     )
Wm Roberts & Others)
Deed to                        )
Henry H. Gandy          )

This Indenture made this twenty fourth day of December eighteen hundred and twenty nine between Lawrence Ashton agent and atorney, in fact for William J. Roberts and Martha Robberts his wife, Thomas Lunsford Lomax, Edward Penn and Jane Penn his wife and Elizabeth Smith all of the State of Virginia as will appear by a Power of Attorney now on Record in Union County Ohio of the one part and Henry H. Gandy of the County of Madison and State aforesaid of the Other part. Witnesseth, that the said L. Ashton agent and attorney as afforesaid for an in consideration of the sum of four hundred and fifty Dollars to him in hand paid by the said Henry H. Gandy before the signing, ensealing and Delivery of these presents the receipt Whereof is hereby acknowledged and for which the said Henry H. Gandy, and his heirs are forever discharged and acquited hath granted bargained and sold and doth by these presents grant bargain sell ailen[?] and convey unto the said Henry H. Gandy all the right title interest and Estate of the said William J. Robberts and Martha his wife, Thomas Lansford Lomax, Edward Penn and Jane his wife and Elizabeth Smith in and to a certain tract or parcel of Land, Lying and being in the County of Union and State of Ohio, Containing three hundred acres being part of a tract of one thousand acres entered in the name of Falvory Frazier No 3692 and pattented to Robbert Campbell and bounded as follows towit. Beginning at a stake in the center of Bokes ^creek in the East line of the Original Survey No 3692 and South easterly corner to the land sold out to John Wood running thence with Woods line up the creek with the meanders thereof of N 73 W 48 poles, S 73 W 40 Poles, S 51 W 14 poles, N 86 W 10 poles, S 54 W 20 poles, S 45 W 26 poles, S 80 W 19 poles and N 50 W 28 poles to a stake in the Center of the Creek near a sugar tree and bur oak standing on the south side of the Creek, thence S 7 @ 23 poles to a stake in the south line of the original survey near two ash saplins, thence South 83 E 189 poles crossing the Sandusky road to two sugar trees, thence N 7 E 29 poles to the beginning. Together with all and singular the rights, issues, benefits, hereditaments and appurtenances thereunto belonging or in any wise appertaining. To Have and to Hold. the said tract or parcel of land With the premises aforesaid until the said Henry H. Gandy, his heirs and assigns forever. And the said L. Ashton agent and atorney as aforesaid by virtue of the power vested in him by the Letter of Attorney before alluded to and according to the true meaning and Intent whereof does hereby bind the said William J. Roberts and Martha his wife, Thomas Lansford Lenox to warrant and defend the said tract or parcel of Land with all and singular the appurtenances thereunto belong or in any wise appertaining unto the said Henry H. Gandy free from all claim of them the said, William J. Roberts and Martha his wife, and Lunsford Lenox, and all and every person or persons claiming by through or under them, and the said Edmund Penn and Jane Penn his Wife, and Elizabeth Smith are hereby bound to warrant and forever defend the before described tract of land with its appertenances free from the claim of them the said Edmund Penn, and Jane his wife and Elizabeth Smith and all and evry person or persons Whatsoever.
In Testimony Whereof the said L. Ashton as agent and attorney as afforesaid has hereunto set his hand and seal, and the names and seals of William J. Roberts and Martha his wife, Thomas Lunsford Lenox, Edward Penn and Jane his wife and Elizabeth Smith the date in the Indenture first above written.
Singed in the Presence of
Ira Wood
James Reed 2nd
                                                                        William J. Roberts    {seal}
                                                                        Martha Roberts        {seal}
                                                            Thomas Lunsford Lenox     {seal}
                                                                        Edward Penn             {seal}
                                                                        Jane Penn                  {seal}
                                                                        Elizabeth Smith         {seal}
                                                            By their agent and atorney in fact
                                                                        Laurence Ashton

The State of Ohio      )
Union County SS      )
Personally appeared before the subscriber a Justice of the Peace for said County Lawrence Ashton signer to the above deed and acknowledged the signing and sealing the same to be his act and deed for the purposes therein contained as Attorney in fact for the above named persons.
Given under my hand officially this 25th day of Dec. A.D. 1829.
                                                                  Ira Wood, Justice of the Peace
                                                                               for said County

This deed was filed for Record May 12h and Recorded June 26 1830.
                                                                  Silas G. Strong, Recorder”

[Source: Union County, Ohio, Deed Books, 1819-1877, 2: 420, deed, Roberts-Gandy, dated 24 Dec 1929, 26 Jun 1930; FHL microfilm 571,795.]

© 2012 Denise Spurlock


  1. I'm from Marion, Ohio but now living in New Jersey. From your Google profile, you seem to be living in California. How were you able to get the photos of the Union County Deed Books? Was this only thru the FHL microfilm or are the Deed Books also online? Do you do most of your research for your family thru the FHL microfilm records?

    Most of my family came from the Morrow County area, although some were from Union County. Unfortunately, I don't have any Spurlocks in my family tree, although I did go to school with a Spurlock in my class. Any Haldemans, Drumms, Ettingers, Yeagers, or Grandstaffs in your family?

    1. I'm a first-generation Californian, so nearly all of my research is done either online or through the FHL microfilm. I have been fortunate to have been in Salt Lake City several times in the last couple of years and was able to scan many records that were on microfilm. I think some of the larger Family History Centers also have the scanners to use with microfilm.

      My Spurlock ancestors were from the South: Texas, Louisiana, Georgia. My Ohio surnames are on my maternal side: Snider, Franklin, Cary, Gandy. I don't recognize any of your names.