Lenoir County NcArchives Deed.....Spence, H. D. - Spence, Tonino 1913 ************************************************ 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: Sloan S. Mason http://www.genrecords.net/emailregistry/vols/00023.html#0005630 October 30, 2018, 9:36 pm Written: 1913 Register of Deeds Lenoir County H. D. SPENCE guardian of W. D. SPENCE 9 June 1913 Bk. 45, p. 189 North Carolina Lenoir County This Deed made this 6th day of June 1913 by H. D. SPENCE, Guardian of William D. SPENCE of the first part, to Tonino SPENCE, of the second part, all of Lenoir County, North Carolina Witnesseth: That, whereas the said H. D. SPENCE, Guardian of William D. SPENCE, was duly authorized empowered and directed by a decree of the Superior Court of Lenoir County made and entered not he 10th day of May, 1913 and duly approved by the residing Judge of the fifth Judicial District on the 13th day of May, 1913, in a certain special proceeding pending in the Superior Court of said County entitled “In Re: H. D. SPENCE, Guardian of William D. SPENCE, Ex Parte to see all the right, title and interest of the said William D. SPENCE, in the hereafter described real and personal property, it being an one half interest to Tonino SPENCE for the sum of Two Thousand and twenty five dollars upon the condition that the said Tonino SPENCE should assume and pay off all the indebtedness against the said lands and property for which the said William D. SPENCE, or his Guardian, would be in any wise liable and to execute and deliver to the said Tonino SPENCE, a good and sufficient deed conveying the said lands and property to the said Toninto SPENCE subject to all encumbrances now existing against the said property upon the payment to the said guardian by the said Tonino SPENCE of the sum of two thousand and twenty five dollars. And whereas, the said Tonino SPENCE has this day paid to the said H. D. SPENCE, guardian of William D. SPENCE, the said sum of Two Thousand and twenty five dollars and has in all respects completed with the terms of the said sale. Now, therefor in consideration of the premises and of the said sum of Two Thousand and twenty five dollars to him in hand paid by the said Tonino SPENCE, and in the further consideration of the condition and agreement thereinafter set forth, the said H. D. SPENCE, Guardian of William D. SPENCE, has bargained and sold named by these presents doth bargain, sell and convey tot he said Tonino SPENCE, his heirs and assigns, all father right title and interest of the said William D. SPENCE, it being one half interest, in and to the following land and personal property: A certain tract of land lying in Kinston township, Lenoir County, North Carolina, adjoining the lands of Joseph STIRCKLAND, Dr. H. TULL, S. W. ISLER, W. C. FIELDS, I. B. PERRY. Beginning at a stake at the Tower Hill Road, S. W. ISLER’S corner, and runs along the center of said road to Dr. H. TULL’S corner; thence with his line N 159 poles to a stake I. B. PERRY’S corner; thence with the said PERRY’S corner, W 88 poles to a dead poplar in Cabin Branch; thence north with said PERRY’S line 30 - poles to W. C. FIELD’S corner of the WORTHINGTON land, thence with said FIELDS line to a pine tree. S.W. ISLER’S 1 corner in said FIELDS line; thence in a southernly course with said ISLER’S line to the beginning, being a portion the lands conveyed to W. T. WORTHINGTON by B. F. NUNN an wife by deed dated September 1896, and recorded in the office of the Register of Deeds of Lenoir County in Book 20, p. 39 also a tract or land bounded as follows: Commencing at C. T. RANDOLPH’S corner formerly ISLER and WORTHINGTON’S corner, on the Tower Hill Road and run westwardly 6 poles to a ditch; thence with the ditch as it meanders 89 poles 22 into ISLER’S and RANDOLPH’S corner at a stake in said line, formerly the line between S. W. ISLER and W. T. WORTHINGTON; thence along the line of the said ISLER and RANDOLPH formerly the line between the said ISLER and the said WORTHINGTON to a pine tree as described in a deed from the said WORTHINGTON to said ISLER, containing 15 acres more or less. It being the same tract of land conveyed by C. J. RANDOLPH and wife to said W.D. & Tonino SPENCE, by deed recorded in Book 31 p. 460 of the records of the Register of Deeds of Lenoir County. Also all the farming implements of every kind and description three mules, two horses, one cow and all other things and property jointly owned by the said W. D. and Tonino SPENCE and used on the said lands and in the cultivation thereof. As a part of the consideration of this conveyance, this deed is made and accepted by the said Tonino SPENCE as upon the express understanding that he said Tonino SPENCE shall assume pay off and said discharge all of the indebtedness against the said lands and personal property of which the said William D. SPENCE or his guardian, may in anywise be liable, and more especially the mortgage and note referred to therein executed by the said Tonino and W.D. SPENCE, to C. T. RANDOLPH, and upon the express stipulation and understanding that the said Tonino SPENCE, will save the said William D. SPENCE, and his guardian harmless on account of any indebtedness existing against the said lands and personal property incurred by the said Tonino and William SPENCE. To have and to hold the aforesaid one half interest in said lands and personal property, with all privileges and appurtenances, thereunto belonging, to him, the said Tonino SPENCE, his heirs and assigns, absolutely and in fee in as full and ample manner as the said H. D. SPENCE, Guardian of William D. SPENCE is authorized and empowered to convey the same by the decrees herein before referred to. In witness whereof the said H. D. SPENCE, Guardian of William D. SPENCE, said first party has hereunto set his hand and seal, this the day and year first above written. H.D. SPENCE, Guardian of Wm. D. SPENCE (Seal) Witness: G. V. COWPER North Carolina Lenoir County I, Plato COLLINS, C.S.C. do hereby certify that this day personally appeared before me H.D . SPENCE, Guardian of William D. SPENCE, and acknowledged to me the due execution by him of the foregoing deed to the said Tonino SPENCE. Witness my hand and official seal this day of …. 1913. North Carolina Lenoir County Before the Clerk The execution of the foregoing instrument was this day proven before me by the oath and examination of G. V. COWPER the subscribing witness hereto, etc. Let the same, with this certificate be registered. Witness my hand this 9th day of June A.D. 1913. Plato COLLINS, Clerk Superior Court Filed for Registration at 11 o’clock A.M June 9th, 1913, and enrolled June 9th, 1913. C. W. PRIDGEN, Register of Deeds. File at: http://files.usgwarchives.net/nc/lenoir/deeds/spence903dd.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 7.0 Kb