Old Documents

Rees-Rose 1789 Indenture – Mercer County

From yesterday’s super find I have transcribed the indenture from Azor Rees and his wife Dinah, to Lewis Rose.  An indenture is a deed or legal contract executed between two or more parties.  In later years the term deed was more commonly used.

In this indenture we find that Azor and Dinah Rees are living in Bourbon County.  Perhaps they never came to Mercer, just owned property there from his service in the Revolutionary War.  Karyn, one of my readers, wrote that Azor Rees was in Lincoln and Bourbon counties during the 1780’s.  An Ozor Reese is listed as owning 1,000 acres of land in Lincoln County, on Cane Run, May 28, 1783.  At that time there were only three counties in Kentucky – Jefferson, Fayette and Lincoln.  This is the acreage Azor Rees owned that in 1786 became a part of Mercer County.  Cane Run is located between the two small towns of Burgin and Bushtown along HW152.

In Lincoln County Will Book I, page 9, Azor Rees is a witness for Charles Radcliffe’s will dated November 3, 1780.  His signature was attached to a petition from Mason County to ‘grant them a division from the said County of Bourbon’ in 1787 (this occurred in 1788 when Mason County was formed from Bourbon).

Old court records from Lincoln County show in 1783 that Azor Rees was fined $50 for losing a mare at racing, while Isaac Hite and William Fields were fined $60 and $50 respectively for winning mares at racing!

From these records we can ascertain that Azor and his family lived in Kentucky from at least 1783 to 1789, thereafter moving to New Madrid, Missouri.

In New Madrid, Missouri, after Azor Rees death, his wife Dinah Martin Rees married David Gray, originally from Massachusetts.  He was a merchant and held the position of interpreter, being a master of the Spanish and French languages (Missouri was still Spanish territory at this time).  David was the son of Alexander Gray and Margaret Melville, and Dinah the daughter of Matthias Martin and Eleanor Griffen, of Pennsylvania.  Due to cruel treatment Dinah secured a separation from him (Missouri History, 1908).

In Missouri Historical Records we find two baptisms, performed by Leandre Lusson, Priest of St. Charles, Missouri, that are very interesting.  The first is Louise Julie Hunt, daughter of Adajah Hunt and Elizabeth Rees, born November 28, 1802, and baptized November 28, 1804.  The second is Frederic Alphonse, son of Frederick Z. Bans? And Elizabeth Rees, born August 18, 1804, and baptized November 28, 1804, the same date as his sister Julie.  It is quite possible Eliza Rees married first Abajah Hunt, and after his death, Frederick Bryan, who also died soon after their marriage.  Eliza’s granddaughter mentioned in a letter that Eliza had only one child.  I have read that Louise Julie Hunt died at a young age; perhaps her memory was lost to the family.

Indenture – Rees to Rose

Mercer County Deed Book 3, Pages 408-410

This indenture made this tenth day of December, one thousand seven hundred and eighty-nine, between Azor Rees and Dinah, his wife, of the County of Bourbon and District of Kentucky, of the one part, and Lewis Rose, of the County of Mercer and District aforesaid, of the other part.

Witnesseth that the said Azor and Dinah, for and in consideration of the sum of ninety pounds current money, to them in hand paid, the receipt whereof they do hereby acknowledge, have given, granted, bargained and sold, and by these presents do give, grant, bargain and sell, unto the said Lewis Rose, and his heirs, a certain track or parcel of land containing two hundred acres, in the County of Mercer, adjoining W. McBride’s and Mosby’s land, it being part of the said Azor’s preemption, and the most southeasterly corner thereof, and bounded as follows.

Viz.  Beginning at a sugar tree in Mosby’s line, thence with said line south 218 (?) poles to a coffee and ash, then southeast corner of said Azor’s preemption thence with the line of said preemption west 129 poles to an elm and sugar tree, thence north 248 poles to a ?, thence east 109 poles to the beginning, with its appurtenances, to have and to hold the same, bargained, with its appurtenances unto the said Lewis forever, against the said Azor Rees and Dinah his wife, and against the claims of either of us, our heirs, executors and administrators, assigns, and against the claim of all and every person and persons, claiming by, from or under us, we the said Azor and Dinah will warrant and forever defend.  In witness whereof the said Azor Rees and Dinah, his wife, have hereunto set our hands and affixed our seals the day and date above mentioned.  In presence of John Haggin, James McAfee, Polly Wilson.

Azor Rees, Dinah Rees

Mercer County, December County Court 1789

This indenture was proved to be the act and deed of Azor Rees, a party thereto, by the oaths of James McAfee and Polly Wilson, two subscribing witnesses thereto, and ordered to be certified.

Teste.  Thomas Allin, C.C.

Mercer County, March County Court 1790

This indenture was fully proved to be the act and deed of Azor Rees, a party thereto, by the oaths of John Haggin, a subscribing witness thereto and ordered to be recorded.

Teste, Thomas Allin, C.C.

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