Lenoir County NcArchives History....Indenture, 1925 ***************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ***************************************************** File contributed for use in USGenWeb Archives by: Joe P. Sutton, PhD, sutton@edtesting.com, April 18, 2018. Clellan Sutton Collection, Bucklesberry Community, La Grange, NC. NANSETTA SUTTON TO THOMAS SUTTON, LEROY SUTTON, HERMAN SUTTON, AND JULIAN SUTTON INDENTURE, 1925. Nansetta Sutton to Thomas Sutton, LeRoy Sutton, Herman Sutton and Juliun Sutton. Agreement. Fred I. Sutton Geo. B. Greene SUTTON & GREENE Attorneys and Counselors at Law Kinston, North Carolina North Carolina, Lenoir County. This indenture made and executed this 14th day of November, 1925, by and between Nansetta Sutton, of Lenoir County, North Carolina, party of the first part, and Thomas Sutton, Leroy Sutton, Herman Sutton and Juliun Sutton of the County and State aforesaid, parties of the second part, WITNESSETH: That, whereas, by his last will and testament dated March 15th 1923, Julius E. Sutton, late of Lenoir County, by the 5th Item of his said will, devised all of his real estate to the parties of the second part, as by reference to said last will and testament will more fully appear; and Whereas, by the 6th Item of said will it was provided that no division of said land should take place during the life of his wife, the party of the first part herein; and Whereas it has been agreed by and between the parties hereto that all the right, title, interest and estate of the party of the first part shall be conveyed unto the parties of the second part in consideration of an annuity of $80.00 per year to be paid to her by said parties of the second part, and se- cured as a charge upon said lands; Now, therefore, in consideration of the promises and the further consideration of One Dollar, the receipt of which is hereby acknowledged, the said of the first part has bar- gained and sold, and by these presents does bargain, sell and convey to the parties of the second part, their heirs and assigns, all the right, title, interest and estate of said party of the first part in and to all the lands described in and devised by the 5th Item of said will of said Julius E. Sutton, deceased, said lands being situate[d] in Moseley Hall Township, Lenoir County, North Carolina, bounded on the north by the lands of R. J. Dawson, on the east by the lands of R. W. Ivey, on the south by the lands of George H. Sutton and Albert Rouse, and on the west by the lands of Marcus Sutton, continuing 260 acres more or less and being the home plantation of the said Julius E. Sutton upon which he resided at the time of his death. TO HAVE AND TO HOLD all the right, title, interest and estate of said Nansetta Sutton, party of the first part, in and to the above described tract or parcel of land with all priv- ileges and appurtenances thereto belonging, to the said Thomas Sutton, LeRoy Sutton, Herman Sutton and Julian Sutton, parties of the second part and their heirs and assigns to their only use and behoof forever, subject, however, to all the terms and con- ditions hereof. It is expressively understood and agreed by and between the parties hereto that the consideration of this instrument shall be and is, an annuity of $80.00 per year, to be paid to said party of the first part by said parties of the second part, their heirs and assigns, the first payment of $80.00 be made at the time of the execution and delivery of this instrument, the receipt of the same being hereby acknowledged, and a like amount to be paid to said party of the first part by said parties of the second part, their heirs and assigns, on the 1st day of November of each and every year hereafter after the natural life of said part of the first part. It is further distinctly understood and agreed by and between the parties hereto that the said annuity shall be and is hereby constituted a lien and charge in favor of said party of the first part upon all of the above described tract or parcel of land, and that in cass [sp] of failure to make payment of any annual installment when the same shall become due, the said party of the first part shall have a first lien upon all rents and profits issuing out of said lands to the extent of her rights hereunder, which right, however, shall be cumulated and without prejudice to any other remedy, legal or equitable. IN TESTIMONY WHEREOF the said Nansetta Sutton, party of the first part, has hereunto set her hand and seal, this the day and year first above written. her Nansetta X Sutton mark North Carolina, Lenoir County. I, J T Heath CSC, a notary public in and for the County and State aforesaid, do hereby certify that Mrs. Nansetta Sutton personally appeared before me this day and acknowledged to me the due execution by her of the foregoing in- sturment. Witness my hand and notarial seal, this 18 day of Nov, 1925. J T Heath CSC Notary Public My commission expires........ END OF DOCUMENT Comments: The words, notary public, notorial, and Notary Public (beneath the signature of J T Heath CSC, have been struck out in the document.