This
is quite an interesting deed as it involves Thomas Rice my 6th
Great-Grandfather
(Father
of Zillah Rice), Zeri Rice my 5th Great-Granduncle ( Brother of
Zillah Rice and Son of Thomas Rice), Thomas Blackwell my 4th
Great-Grandfather (Son of Robert Blackwell and Zillah Rice), and Lancelot
Johnston my 5th Great-Granduncle by Marriage (brother-in-law to
Zillah and Zeri Rice and son-in-law of Thomas Rice and Uncle to Thomas
Blackwell.
Apparently
Zeri Rice was living in the Abbeville District of South Carolina at the time of
this deed. He was conveying to his nephew Thomas Blackwell the last of the
property of his father Thomas Rice (whose Will was probated in 1800) except for
the Widow’s Dower. This transaction was handled by his uncle (by marriage) Dr.
Lancelot Johnston, a noted Surgeon in the Revolutionary War. Interestingly
enough before the ink was barely dry on this deed, Thomas Blackwell sold this
very property to Thomas and Joseph Payne for the exact same price of 540.00 on
October 27, 1800 and moved to nearby Rockingham County.
The actual date of this sale preceded the
date of the recorded date for the deed from Zeri to Thomas and the month and
day were left blank yet the date of the Power of Attorney to Lancelot Johnston
was dated September 24th 1800, prior to the sale to Thomas and
Joseph Payne. Perhaps Thomas Blackwell was only a liaison in the sale of the
property. Quite intrigueing to say the least.
Latham Mark Phelps 2004
Zeri Rice to Thomas Blackwell thru Lancelot
Johnston- Power of Attorney
Deed Book M Page 4 Caswell County, North Carolina 1801
This
Indenture made this___day of___One Thousand Eight Hundred and One, Between
Lancelot Johnstonof the County of Caswell and State of North Carolina of the
one part and Thomas Blackwell of said County and State of the other part.
Witnesseth
that the said Lancelot Johnston for and in the consideration of the sum of Five
Hundred and Forty Dollars to Zeri Rice paid and made sure at or before the
Sealing and Delivering of these presents the___ where of is hereby___. The said
Zeri Rice to the said Thomas Blackwell having bargained and sold a certain
tract 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 Rice
to Convey a good and lawful Right in fee simple for the same by which power he
the said Lancelot Johnston doth alienate make over and Confirm to the said
Thomas Blackwell his heirs Executors and assigns forever the aforesaid Tract of
land and premises thereunto belonging
it being part of the Land whereon the aforesaid Thomas Rice lived before
his Decease. Exclusive of the Widow’s Dower.
Beginning
at a Birch on the bank of Country Line Creek in John Buchannon’s line running
thence along said line South 29ch’s to pointers, thence his line West 5ch’s to
a 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 with
the line of the Widow’s Dower North 38ch’s and 72 links to a small Red Oak and
pointers, thence along Dower’s line East 38ch’s and 72 links to a stake in the
old line, thence with said line North 13/4ch’s to a Branch and down the branch
it’s various courses to a Persimmon tree near the mouth bounded for John
Graves, then with his line West 10ch’s to Country Line Creek, and up the Creek
it’s meanders to the Beginning.
Containing by Estimation Two Hundred and
Seventy acres of land, together with all and Singular the appurtenances
privileges and_________ there unto belonging or otherwise appertaining to have
and to hold to the said Thomas Blackwell, his heirs Executors and assigns
forever. To and their only proper use and behoof free from the Claim Right
Title or Interest of him the said Zeri Rice, his heirs Executors or
Administrators or any other person or persons whatever, and the said Lancelot
Johnston by the said power in him Established to the said Thomas Blackwell his
heirs etc. the Right of the aforesaid Lands & premises, will Warrant and
forever defend against all persons Whatever.
In
Witness Whereof he hath hereunto set his hand and affixed his Seal the day and
year first above written.
Signed
Sealed & Acknowledged
In
the presence of us: Zeri
Rice {Seal}
Jethro Brown
by
Lancelot Johnston – attorney
Caswell
County April Court 1801
The
Execution of this deed was duly acknowledged in open Court by Lancelot Johnston
attorney in fact for Zeri Rice and on motion ordered to be Registered.
Test
A.Murphey CC
Power of Attorney to
Lancelot Johnston From Zeri Rice 1800
Know
all 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 the
County of Caswell & State of North Carolina my Lawful Attorney to make unto
Thomas Blackwell of the County of Caswell a Good & Sufficient Warranty Deed
for a Tract of land lying on the South Side of Country Line Creek, it being the
balance of a tract of Land willed to Zeri Rice by Thomas Rice Dec’d., which is
to include the whole after the Widow of Said Thomas Rice Dec’d. takes her Dower
in said land agreed to the Last Will & Testament of Thomas Rice Dec’d.
bearing Date 13th April 1800.
Witness
my hand and Seal 24th September 1800,
Jethro
Brown (Jurat)
Zeri Rice {Seal}
John
H. Brown
Caswell
County April Court 1801
The
Execution of this letter of attorney was duly proved in open Court by the oath
of Jethro Brown one of the Subscribing Witnesses there to & on motion
ordered to be Registered.
Test
A.
Murphey CC
Transcribed
By: Latham Mark Phelps 2004