Zeri Rice to Thomas Blackwell thru Lancelot Johnston- Power of Attorney
Thisis quite an interesting deed as it involves Thomas Rice my 6thGreat-Grandfather
(Fatherof Zillah Rice), Zeri Rice my 5th Great-Granduncle ( Brother ofZillah Rice and Son of Thomas Rice), Thomas Blackwell my 4thGreat-Grandfather (Son of Robert Blackwell and Zillah Rice), and LancelotJohnston my 5th Great-Granduncle by Marriage (brother-in-law toZillah and Zeri Rice and son-in-law of Thomas Rice and Uncle to ThomasBlackwell.
ApparentlyZeri Rice was living in the Abbeville District of South Carolina at the time ofthis deed. He was conveying to his nephew Thomas Blackwell the last of theproperty of his father Thomas Rice (whose Will was probated in 1800) except forthe Widow’s Dower. This transaction was handled by his uncle (by marriage) Dr.Lancelot Johnston, a noted Surgeon in the Revolutionary War. Interestinglyenough before the ink was barely dry on this deed, Thomas Blackwell sold thisvery property to Thomas and Joseph Payne for the exact same price of 540.00 onOctober 27, 1800 and moved to nearby Rockingham County.
The actual date of this sale preceded thedate of the recorded date for the deed from Zeri to Thomas and the month andday were left blank yet the date of the Power of Attorney to Lancelot Johnstonwas dated September 24th 1800, prior to the sale to Thomas andJoseph Payne. Perhaps Thomas Blackwell was only a liaison in the sale of theproperty. Quite intrigueing to say the least.
Latham Mark Phelps 2004
Zeri Rice to Thomas Blackwell thru LancelotJohnston- Power of Attorney
Deed Book M Page 4 Caswell County, North Carolina 1801
ThisIndenture made this___day of___One Thousand Eight Hundred and One, BetweenLancelot Johnstonof the County of Caswell and State of North Carolina of theone part and Thomas Blackwell of said County and State of the other part.
Witnesseththat the said Lancelot Johnston for and in the consideration of the sum of FiveHundred and Forty Dollars to Zeri Rice paid and made sure at or before theSealing and Delivering of these presents the___ where of is hereby___. The saidZeri Rice to the said Thomas Blackwell having bargained and sold a certaintract or parcel of Land Willed to him by his father Thomas Rice lately Dec’d.and by a power of attorney made to said Lancelot Johnston by the said Zeri Riceto Convey a good and lawful Right in fee simple for the same by which power hethe said Lancelot Johnston doth alienate make over and Confirm to the saidThomas Blackwell his heirs Executors and assigns forever the aforesaid Tract ofland and premises thereunto belonging it being part of the Land whereon the aforesaid Thomas Rice lived beforehis Decease. Exclusive of the Widow’s Dower.
Beginningat a Birch on the bank of Country Line Creek in John Buchannon’s line runningthence along said line South 29ch’s to pointers, thence his line West 5ch’s toa stake then his line South 40ch’s to a Willow Oak bounded for Thomas Slade,thence along his line East 16ch’s and 88 links to a small Post Oak, thence withthe line of the Widow’s Dower North 38ch’s and 72 links to a small Red Oak andpointers, thence along Dower’s line East 38ch’s and 72 links to a stake in theold line, thence with said line North 13/4ch’s to a Branch and down the branchit’s various courses to a Persimmon tree near the mouth bounded for JohnGraves, then with his line West 10ch’s to Country Line Creek, and up the Creekit’s meanders to the Beginning.
Containing by Estimation Two Hundred andSeventy acres of land, together with all and Singular the appurtenancesprivileges and_________ there unto belonging or otherwise appertaining to haveand to hold to the said Thomas Blackwell, his heirs Executors and assignsforever. To and their only proper use and behoof free from the Claim RightTitle or Interest of him the said Zeri Rice, his heirs Executors orAdministrators or any other person or persons whatever, and the said LancelotJohnston by the said power in him Established to the said Thomas Blackwell hisheirs etc. the Right of the aforesaid Lands & premises, will Warrant andforever defend against all persons Whatever.
InWitness Whereof he hath hereunto set his hand and affixed his Seal the day andyear first above written.
SignedSealed & Acknowledged
Inthe presence of us: ZeriRice {Seal}
Jethro Brown by
Lancelot Johnston – attorney
CaswellCounty April Court 1801
TheExecution of this deed was duly acknowledged in open Court by Lancelot Johnstonattorney in fact for Zeri Rice and on motion ordered to be Registered.
Test
A.Murphey CC
Power of Attorney toLancelot Johnston From Zeri Rice 1800
Knowall men by these presents that I Zeri Rice of the State of South Carolina &County of Abbeville do Constitute Nominate and Appoint Lancelot Johnston of theCounty of Caswell & State of North Carolina my Lawful Attorney to make untoThomas Blackwell of the County of Caswell a Good & Sufficient Warranty Deedfor a Tract of land lying on the South Side of Country Line Creek, it being thebalance of a tract of Land willed to Zeri Rice by Thomas Rice Dec’d., which isto include the whole after the Widow of Said Thomas Rice Dec’d. takes her Dowerin said land agreed to the Last Will & Testament of Thomas Rice Dec’d.bearing Date 13th April 1800.
Witnessmy hand and Seal 24th September 1800,
JethroBrown (Jurat) Zeri Rice {Seal}
JohnH. Brown
CaswellCounty April Court 1801
TheExecution of this letter of attorney was duly proved in open Court by the oathof Jethro Brown one of the Subscribing Witnesses there to & on motionordered to be Registered.
Test
A.Murphey CC
TranscribedBy: Latham Mark Phelps 2004