[page 375]
This indenture
made and entered into this fifteenth day of
January, in the year of our Lord one Thousand
ad nine hundred and three by and between George
W. Vanderbilt and Edith S. Vanderbilt his wife
of New York City of the first part and J. G.
Holden, Thomas B. Sims, and Thomas J.
Hollingsworth as Trustees of the Turkey Creek
School House in Transylvania County of he
second part. Witnesseth That said parties
of the first part for and in consideration of
the sum of one Dollar to them in hand paid the
receipt whereof is hereby acknowledged, have
bargained, sold, and conveyed and by these
presents do bargain sell and convey unto he
said parties of the second part and their
successors all that certain piece or parcel of
land situate lying and being on the waters of
Turkey Creek a tributary of Davidson's River,
in the county of Transylvania and state of
North Carolina bounded and described as
follows, to wit: Beginning at an iron post and
spruce pine pointers on the west side of Turkey
Creek, in the line of land of George W. Young
and running thence North thirty (30) degrees
west eighteen (18) poles to a spruce pine in
the Forks of Turkey Creek, which is known as
the beginning corner of the Lyday and Brown
Speculation Tract, thence South Sixty (60)
degrees West eighteen (18) poles to a chestnut
on the side of a hill, thence South thirty (30)
degrees East forty-five (45) poles to a
stake in the line of the land late of George W.
Young, now of one price, thence along
said last mentioned line North four (4) degrees
East thirty-two (32) poles to the point or
place of Beginning containing three acres and
one half (3 1/2) acres more or less.
Together with all and singular the tenements
hereditaments and appurtenances thereunto
belonging or in anywise
[page
376]
appertaining and
the reversion reversions remainder and
remainders, rents, issues and profits thereof
and also all the estate right, title interest
property possession dower and right of dower
claim and demand, whatsoever, both in law and
equity of the said parties of the first part of
in and to the same and every part thereof with
the appurtenances. To have and to hold
the above described premises, with the
appurtenances unto the said parties of the
second part, and their successors.
Forever. In Trust nevertheless to hold
the premises herein before described for the
sole use benefit and behoof of the said Turkey
Creek School House in Transylvania County,
Provided always and his conveyance is upon the
express condition nevertheless that the
premises hereby granted and each and every part
thereof shall be forever used by the said
Turkey Creek School House exclusively as a
place of divine worship and for such other
religious purposes as are usual or necessary in
connection with such use by said church and
also as a place of burial for the dead and also
as a schoolhouse and that upon a breach of this
condition regarding the use of the said
premises for divine worship and for other
religious purposes and as a School house as
aforesaid the estate hereby granted shall in
either event revert to George W. Vanderbilt on
of the parties hereto of the first part or his
heirs and he or they shall be thereupon seized
of the same and entitled to enter thereupon in
like manner as if this conveyance had never
been made.
[page
377]
And the parties
hereto of the second part by Joining in the
execution of these presents do signify their
acceptance of this conveyance upon the trust
and subject to the conditions herebefore set
forth. in witness whereof the parties
hereto have hereunto set their hands and seals
the day and year first above
written.
Geo W.
Vanderbilt
Edith Stuyvesant
Vanderbilt
Signed sealed and
delivered in the presence of D. C.
Champlain
- State of
North Carolina }
- County of
Buncombe
}
I Daniel C.
Champlain a Notary Public in and for said State
and County do hereby certify that George W.
Vanderbilt and Edith S. Vanderbilt the grantors
in the forgoing instrument personally appeared
before me this day and acknowledged the due
execution of the same and the said Edith S.
Vanderbilt, wife of the said George W.
Vanderbilt being by me privately examined
separate and apart from her said husband
touching her voluntary execution of the same
doth state that she signed he same freely and
voluntarily without fear or compulsion of her
husband or any other person, and that she doth
still voluntarily assent thereto. Witness
my hand and notorial seal this 15th
day of January A. D. 1903.
Daniel C.
Champlain
Notary Public,
Buncombe Co. N. C.
- State of
North Carolina }
- County of
Transylvania }
I E. T. Henning a
Justice of the Peace in and for said State and
county do hereby certify tht J. G. Holden,
Thomas B. Sims and Thomas J. Hollingsworth the
grantees named
[page
378]
in the foregoing
instrument, personally appeared before me this
day and acknowledged the due execution of the
same. Witness my hand nd my
seal this 15 day of January
1903.
E. T.
Henning, J. P.
J. G. Holden
T. B. Sims
T. J.
Hollingsworth
- State of
North Carolina }
- County of
Transylvania }
The forgoing
certificate of Daniel C. Champlain a Notary
Public of Buncombe county with his notorial
seal attached and certificate of E. T. Henning
a Justice of the Peace of Transylvania County
are both adjudged to be in due form and
according to law Therefore let the Deed
together with the certificates registered
. This Feby 23rd 1903.
T. T. Loftis
C.S.C.
Filed and
registered March 16 1903 at 1 o'clock
p.m.
W.
M. Henry R.D.
^ Back
to Top
|