"A person employed to write what another dictates or to copy what has been written by another."
The subject today is the deed granted by the heirs of James Vaux of Aurora, New York, deceased, to William N. Bennett in Aurora, Erie County, New York (three pages, starts 3/4 down the first page):
Here is my transcription of this entry (handwritten portions in italics) in Erie County, New York, Land Records 1853-1855, Liber 148, Pages 378-380 (accessed in the "New York, Land Records, 1630-1975" collection on https://FamilySearch.org):
Deed L 31 Aurora
John Taylor and others to William N. Bennett
........................................... This Indenture made the twenty sixth day of October in the Year of Our Lord One Thousand Eight hundred and fifty three between John Taylor and Ann his wfie, Samuel Vaux and Mary Ann his wife, George Vaux and Elizabeth his wife, and Ernest Vaux of the town of Chester, dodge county, Wisconsin, John Vaux of Buffalo Erie County New York and Josiah Vaux and Mary Ann his wife of Aurora Erie county New York of the first part and William N. Bennett of Aurora Erie county New York of the second part, Witnesseth that the said party of the first part for and in consideration of the sum of two hundred and twenty five dollars lawful money of the United States of America to them in hand paid by the party of the second part the receipt whereof is hereby confirmed and acknowledged, have granted, bargained, sold, remised. released, aliened and confirm unto the said party of the second part and to his heirs and assigns forever six undivided sixteenths of a certain farm part of Lot 31 of the Holland Company surveys in the town of Aurora County of Erie and State of New York formerly owned by James Vaux senior and bounded as follows.
................................. Commencing at the South East corner of Land owned and occupied by Erasmus Adams, and on the north bounds of Land owned and occupied by the heirs of Geo Bartlett: thence running South 89-1/4 degree East twenty three rods and fifteen links to the centre of highway, thence North 2-1/2 degrees East along the centre of said highway twenty nine rods and three links, thence Westerly parallel to the first mentioned line twenty three rods and fifteen links to said Adams land, thence South 2-1/2 degrees West twenty nine rods and three links to the place of beginning, Containing four acres and forty seven rods be the same more or less.
........................................................Together with all and singular the hereditaments and appurtenances thereunto belonging as in anywise appertaining and the reversion and reversions remainder and remainders, rents, issues and profits thereof: and all the Estate, right, title, interest, dower, right of dower, claim or demand, whatsoever, of the said party of the first part either in Law or in Equity of in and to the above bargained premises, with the said hereditaments and appurtenances To Have and To Hold the said premises as above described with the appurtenances unto the said party of the second part and to their heirs and assigns forever.
And the said John, Samuel, George and Ernest, and Josiah and Ann Taylor, for themselves, their heirs, executors, and administrators do covenant, grant, bargain, and agree to and with the said party of the second part his heirs and assigns that at the time of ensealing and delivery of these presents they are well seized of the premises above conveyed as of a good, sure, perfect absolute and indefensible estate of inheritance in the law in fee simple and that the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person lawfully claiming as to claim the estate or any part thereof, he will forever Warrant and Defend.
............................................................ In Witness Whereof
the party of the first part have hereunto set their hands and seals the day and year first above written,
signed sealed executed ............................ } .............John Taylor SS & Ann Taylor SS
&delivered in presence of ....................... } ............ Samuel Vaux SS & Mary A. Vaux SS
R S Graham, S B Hills ............................. } ............ George Vaux SS and Elizabeth Vaux SS
Erie county SS On this 26th day ........... } ............ Ernest Vaux SS & Jno. P. Vaux SS
of Nov^r 1853 before me personally ..... } ............ Josiah Vaux SS & Mary A Vaux SS
appeared John P. Vaux known to me
to be the person who executed the
within instrument and acknowledged
to me the execution thereof.
......... CJ Shattucke Justice
................ of the Peace
Erie County SS On this 28th day of November A D 1853 before me personally appeared Ernest Vaux known to me to be the person who executed the within instrument and acknowledged to me the execution thereof.
.................................................................. James C Paul Justice of the Peace
Erie county SS On this 28th day of November 1853 personally appeared before me Josiah Vaux and Mary A his wife and severally acknowledged that they executed the same without any fear of compulsion of her husband ^[annex ???????? spent and she said make a] in a private conversation separate and apart from her husband acknowledged that she executed the same without any fear or compulsion of her husband and further certify that I know the persons who made the said acknowledgement to be the individuals described in & who executed the annexed instrument.
................................................................. James C Paul J P
State of Wisconsin }
Fond du Lac County } I Leander B. Hills a Commissioner for the State of New York residing in Waupan in the County of Fond du Lac and state of Wisconsin do certify on the 14th day of November in the Year One thousand eight hundred and Fifty three in the Town of Waupun in the County of Fond du Lac aforesaid personally appeared before me John Taylor and Ann his wife Samuel Vaux and Mary A his wife and George Vaux and Elizabeth his wife all of said persons known to me to be the individuals described in and who executed the within deed and they severally acknowledged to me that they had executed the said deed. And the said Ann wife of the said John Taylor and the said Mary A wife of the said Samuel Vaux and the said Elizabeth wife of the said George Vaux on a private examination by me apart from their said husbands and further acknowledged to me that she executed the said deed freely and without any fear or compulsion of her husband.
In Witness Whereof I have hereunto set my hand and official seal at Waupun in the County and state aforesaid this 14th day of November One thousand Eight hundred and fifty three.
................................................ S B Hills Commissioner for the State of New York
State of New York } SS
Secretary's Office } I hereby certify that Leander B. Hills of Waupun County of Fond du Lac and State of Wisconsin was at the time of taking the annexed acknowledgement, a Commissioner for the state of New York to take the proof and acknowledgement of deeds and other instruments to be used as recorded in this state, and to administer oaths and affirmations, pursuant to Chapter 270: Laws of 1850 and that suck Commissioner was at the time aforesaid duly authorised to take the same, and that I have compared the signature of the said Commissioner to the certificate subjoined to the annexed instrument with the signature of said Commissioner deposited in this Office and have also compared the impression of the seal affixed to such certificate with the impression of the seal of such Commissioner deposited in this Office and I verily believe the signature and impression of the seal to the said certificate to be genuine.
SS Witness my hand and the seal of Office of the Secretary of State at the City of Albany, this ninth day of March One thousand Eight hundred and Fifty four.
....................................................... E W Leavenworth Secretary of State
Recorded Examined and Compared with the Original March 10 1854 8 AM
.......................................................... ? ????? Clk
Whew! Since John and Ann Taylor, Samuel and Mary Ann Vaux, and George and Elizabeth Vaux had moved to Wisconsin by November 1853, the deed had to be signed by them in Wisconsin. Consequently, the Commissioner for New York in Waupun, Wisconsin summoned them to his office and they signed the deed. The Commissioner sent it back to the Erie county court, which then sent it to Albany for the Secretary of State to certify that the Commissioner who handled it in Wisconsin was the same person who signed his commission. Only then could the deed be recorded in Erie County, New York.
The beauty of this document is that it clearly identifies the children of James Vaux, who died in 1839 in Somerset in England possessed of land in Aurora, Erie County, New York. My third great-grandparents, Samuel and Mary Ann (Underhill) Vaux, are identified as an heir of James Vaux in this document. It is one of the only documents that does so that I have found to date (I do have a baptismal record of Samuel Vaux son of James and Mary (Palmer) Vaux from South Petherton, Somerset, England).
The URL for this post is: http://www.geneamusings.com/2013/03/amanuensis-monday-1853-new-york-deed-of.html
Copyright (c) 2013, Randall J. Seaver
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