Thomas Cummings Deed to Sarah Endsley (1819)

Sarah Endsley widow, was bequeathed land from her husband, Andrew Endsley; this instrument transfers 150 acres to her.

Bedford County Tennessee Deed Book Q, page 28, 24 Aug, 1819

THIS INDENTURE made this Twenty fourth day of August in the Year of Our Lord one Thousand Eight Hundred and Nineteen Between Thomas Cummings of Bedford County & State of Tennessee of the one part and Sarah Endsley, widow of Andrew Endsley dec’d For the lawful heirs of the said Andrew Endsley dec’d of the County and State aforesaid of the other part agreeable to the last will and Testament of the said Andrew Endsley dec’d authorizing said Sarah Endsley to purchase land.

Viz. Reference has to said Andrew Endsley will, will more fully show.

WITNESSETH that the said Thos. Cummings For and in consideration of the sum of five hundred and fifty dollars to him in hand paid by the said Sarah Endsley the receipt whereby is hereby acknowledged hath given, granted, bargained, sold and conveyed and confirmed unto the said Sarah Endsley for the heirs of said Andrew Endsley dec’d their heirs and assigns forever a certain tract or parcel of land situate lying & being in the County of Bedford and State of Tennessee, Second District, Third Range & fourth Section on the West Waters of the East Fork of Rock Creek of Duck River.

BEGINNING at a Sugartree and beech on the Section Line, Felix Robinson’s Southwest Corner of 1000 acres conveyed at different times to Thomas Cummings & Lowry of which this is a part, running thence East one hundred and sixty-five poles to a White Oak and dogwood, Same is Blackwell’s corner, thence North along said Blackwell’s line one hundred poles to said Blackwell’s corner. Eleven poles in Smiley’s line thence West with Smiley’s line Twenty four poles to to Black Ashes & elm, Smiley’s corner. Thence North along Smiley’s line fifty four poles to a [????] and dogwood, thence West one hundred & forty nine poles to a Sugartree & Lynn on the Section Line. Thence South with the Section Line to the point of beginning, with magnetic variation of five degrees to all the lines, supposed to be one hundred fifty acres, be the same, more or less.

TO HAVE AND TO HOLD the aforesaid land with all and singular the rights and profits ennoulments [spelling???] and improvements & appurtenances of & in to the same belonging or any where appertaining to the only acct & behalf of them, the said heirs of the said Andrew Endsley, dec’d and their Heirs and assigns forever and the aforesaid Thomas Cummings, for his Heirs, Executors & admins. Does covenant and agree with the said Sarah Endsley for the lawful heirs of Andrew Endsley dec’d or assigns that the before received land and bargained premises he will Warrant and forever defend against the right, Title, Interest or Claim of all and every person or persons whatever.

IN WITNESS WHEREOF the said Thomas Cummings hath hereinunder set his hand and affixed his seal the day and year above mentioned.

SIGNED, SEALED, & DELIVERED

THOMAS CUMMINGS [SEAL]

In Presents of ______BLANK_______

STATE OF TENNESSEE BEDFORD COUNTY October Term 1819

I, James McKinek [spelling??], Clerk of the Court of Pleas and Quarterly Sessions of the county aforesaid do hereby certify that the Execution of the within deed of Conveyance from Thomas Cummings to Sarah Endsley was acknowledged in Open Court by the said Cummings and ordered to be certified and Registeered.

GIVEN under my hand this 15th Day of October, 1819 J. M. McKINEN

[Transcriber’s Notes: THOMAS CUMMINGS was a half brother of Andrew and John Endsley and a full brother to George Cummings who served as Co-Executor of Andrew Endsley’s will in Stokes County, NC. Thomas was also a brother-in-law to Sarah Endsley. He had married Sarah’s sister, Isabel, “Ibby” Lowry in a double wedding ceremony on the same day that Sarah Lowry had married Andrew Endsley. The double wedding took place 30 Sep 1806 in Abbyville District, S. C.

Sarah and “Ibby” Lowry were half sisters to Mary Blair who married her first cousin, John Endsley. Ergo: Two brothers and a half brother married two sisters and a half sister.

Andrew Endsley died in North Carolina. In his will he stated a desire that his Widow, Sarah, and the children accompany the extended Endsley/Cummings/Lowry families to Tennessee. He made provision in his will for the purchase of land in Tennessee for Sarah and the children. She did accompany the family to what became Marshall County, TN and shortly remarried to Hugh Barnett Smiley, an adjoining landowner. Hugh Barnett Smiley & Sarah, her mother and a sister, Jane Caldwell, and Thomas & Ibba Cummings are all buried at Round Hill Cemetery, Marshall County, TN, near John & Mary Endsley’s grave sites.]


contributed by Dick Wood (September, 2004)