(23)

HEIRS, SUCCESSORS AND ASSIGNS OF
ISAAC BRONSON, GOOLD HOYT
AND
ARCHIBALD MACINTYRE

 

-TO-

 

SAMUEL J. JUSTICE

Appointment of Agent

filed for registration May 2, 1911 & duly recorded in Deed Book no 28 at page 312 of the Register of deeds office for Polk County N.C.
                                                        HM Burgess   
                                                                        Reg of deeds.               

 

BAYLIS & SANBORN
Counselors at Law
37 & 39 LIBERTY STREET
Borough of Manhattan
NEW YORK CITY
New York

Percy S. Hoyt

Filed for record at 4 o'clock
P.M. this 31 day of May
1911 and recorded in book 72 folio 275
S.M King.
Register of Deeds
Henderson Co. NC

Reg. fee- $150 pd.

---

[Title Page]

Know All men by these presents, that we, I

Percy S. Hoyt (unmarried)

 

(together with all persons who have or shall execute an instrument of the same tenor, date and effect as this one) being the full majority in interest of all the present owners or heirs, successors and assigns of Isaac Bronson, Goold Hoyt and Archibald MacIntyre, who were the owners of the property referred to in a certain trust deed, bearing date the 8th day of March, Eighteen Hundred and Thirty, and registered in Book 37, page 400, in the Register's Office of the County of Rutherford, in the State of North Carolina, HAVE MADE, CONSTITUTED AND APPOINTED, and do here by make, constitute and appoint Samuel J. Justice, of Hendersonville, North Carolina, our true and lawful attorney in fact and agent under said trust deed, to succeed C. Bayliss Justice, formerly agent thereunder and now deceased, with the same and equal rights, powers and duties as were possessed by or belonged to said C. Bayliss Justice under a certain power of attorney given to him by William Redmond, Jr., Francis M. Scott and others, dated the 1st day of November, in the year 1872, recorded on the 18th day of March, A.D., 1873, in the Office of the Register of Deeds, in the County of Rutherford, in the State of North Carolina, in book 51 of Deeds, Number 46, and also recorded in the Office of the Register of Deeds of Henderson County the 19th day of October, 1908, in Book 61, folio 224, etc.: and also in a certain power of attorney made by David A. Thompson, George Willett Van Nest, William Redmond Cross and others to C. Bayliss Justice, dated the 18th day of April, in the year of 1902,

[Page 2]

A.D., and recorded in the Office of the Register of Deeds for Henderson County, North Carolina, on the 29th day of March 1910, in Book 65 of Deeds, page 288, reference hereby being made to the said two powers of attorney, and also with such rights, powers and duties as were specified or were intended to be given to the said C. Bayliss Justice under the two powers of attorney; provided that nothing herein contained shall have the effect to make valid any act, contract or sale heretofore made by the said C. Bayliss Justice as agent or otherwise, or hereafter to be made by the said Samuel J. Justice as such agent, or otherwise, unless such act. contract or sale be approved of by Willett Bronson, Superintending Agent of New York City, or by such Superintending Agent as shall be appointed to succeed him as provided by the said deed of trust.

WE DO HEREBY ALSO RATIFY AND CONFIRM a certain trust deed, dated the 18th day of February, A.D., 1859, made by John Ward, sole surviving trustee, to William Redmond, Jr., Isaac Bronson and Francis Randall, and recorded in the County of Rutherford, in the State of North Carolina, on the 29th day of November, 1859, in book 48 of Deeds, Number 198, ad in various other Counties in said State of North Carolina, and a certain other trust deed made by William Redmond, Isaac Bronson and Francis Randall to William Redmond, Jr., Isaac Bronson and Francis M. Scott, dated the 14th day of November, 1871, and recorded on the 24th day of January, 1872, in the Office of the Register of Deeds of Rutherford County, in the State of North Carolina, in Book 50 of Deeds, Number 247, and also recorded in other Counties in the said State of North Carolina; and a certain other trust deed made by Francis M. Scott, surviving trustee, dated the 12th day of March, A.D., 1901, and recorded in the Office of the Register of Deeds of Rutherford County, in Book 76 of Deeds, page 2452, on the 20th day of December, A.D. 1901, to David A. Thompson, George Willett Van Nest and William Redmond Cross, trustees, and certain power of attorney made by William Redmond, Jr., and Francis M. Scott, surviving trustees and others, dated the 1st day of November, A.D. 1872, and recorded the 18th day of March, S.D., 1873, in the Office of the Register of Deeds of Rutherford County, North Carolina, in Book 51 of Deeds, Number 46, and elsewhere in the State of North Carolina, to the said C. Bayliss Justice, and a certain other power of attorney made by David A Thompson, George Willett Van Nest and William Redmond Cross, trustees, and others, to C. Bayliss Justice, dated the 18th day of April, A.D., 1902, and recorded the 29th day of March, S.D., 1910, in Book 65 of Deeds, page 288, in the Office of the Register of Deeds of Henderson County.

WE DO ALSO RATIFY AND CONFIRM all deeds ad powers hereinbefore referred to and all such acts, deeds and things as the said Trustees, the said Agent, C. Bayliss Justice, and said Superintending Agent, Willett Bronson, have done under and within the powers and limitations contained in the trust deeds and powers hereinbefore referred to.

WE DO FURTHER COVENANT AND AGREE that responsibility as to receipts and disbursements is to rest upon WILLETT BRONSON, the present

[Page 3]

Superintending Agent, and his successor in office, and not upon the existing or any successor Trustees or Trustee.

AND WE DO HEREBY GRANT AND CONVEY all our right, title and interest in and to the lands, and interest in lands, described in said trust deed bearing date the 8th day of March, 1830, and registered in Book 37, page 400, in the Register's Office of the County of Rutherford, in the State of North Carolina, to David A. Thompson, George Willett Van Nest and William Redmond Cross, as trustees, for the purposes set forth in the various trust deeds herein referred to, without limitation as to the area to be conveyed by them, their survivors or successors, to any grantee.

IN WITNESS WHEREOF, we have hereunto set our hands and seals, this 25th day of January, One Thousand Nine Hundred and Eleven.

In Presence of:

H.C. Saul       [Signed]                                                                                     Percy S. Hoyt  [Signed]

H [Nauwoald?] [Signed]

 

[Page 4]

Please attach County Clerk's certificate.

State of Texas

County of Bexar 

I, Marshall [Neeborn?]a Notary Public in and for the above State and County, do hereby certify that Percy S. Hoyt and his wife, personally appeared before me this day and acknowledged the due execution by him of the foregoing instrument:

And the said______wife of_______being by me privately examined, separate and apart from her said husband, touching here voluntary execution of the same, doth state that she signed the same freely and voluntarily, without fear or compulsion of her said husband or any other person, and that she doth still voluntarily assent thereto.

My commission expires May 31st 1911

Witness my hand and notorial seal, this day of ___ 1911.

 

 

State of

County of

I,____________a Notary Public in and for the above State and County, do hereby certify that _____________and ________ his wife, personally appeared before me this day and acknowledged the due execution by ____ of the foregoing instrument:

And the said______wife of_______being by me privately examined, separate and apart from her said husband, touching here voluntary execution of the same, doth state that she signed the same freely and voluntarily, without fear or compulsion of her said husband or any other person, and that she doth still voluntarily assent thereto.

My commission expires

Witness my hand and notorial seal, this __day of ___ 1911.

 

State of North Carolina Polk County
The foregoing certificate Marshall Freeborn a Notary Public of the County of Bexar State of Texas, is adjudged to be correct in due form and according to law.  From the certificate of A.H. Coates Deputy-clerk of the county court of Bexar State of Texas with his official seal attached thereto is according to law.  Therefore let the foregoing instrument with these certificates be registered this 2nd day of May 1911.

                                                                                                                         [indiscernible] [Signed]

 

[Below are two attachments: From Texas & North Carolina]

THE STATE OF TEXAS, COUNTY OF BEXAR}

I, FRANK R. NEWTON,  Clerk of the County of Bexar, and also Clerk of the  County Court in and for said County (said court being a Court of Record), do hereby certify that Marshall Freeborn Notary Public, whose name is subscribed to the annexed certificate, was at the date thereof, duly appointed and qualified, and duly authorized to take acknowledgments and proofs of deeds or conveyances of lands, ad duly authorized to administer oaths for general purposes, and that full faith and credit are due to his official acts.  I further certify that I am well acquainted with the handwriting of said Marshall Freeborn and verily believe that said signature to be genuine.
        IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the County Court of Bexar County, at office in San Antonio, this 3rd day of April A.D. 1911.

                                                                                                Frank R. Newton
                                                                                                Clerk County Court, Bexar County, Texas

By AH Coates Deputy

 

[North Carolina]

STATE OF NORTH CAROLINA, Henderson County.
                    The foregoing certificate of Marshall Freeborn, a Notary Public of Bexar County, Texas, certified to by Frank R. Newton, Clerk of County Court of said County as attested by their Official seals is adjudged to be correct.  Let the foregoing Instrument with said certificates, and this certificate, be registered.  This the 31st day of May 1911.

                                                                                                J.L. Pace Deputy
                                                                                                Clerk Superior Court.