This deed of trust, dated June 28, 1860, was drawn up for James L. S. Beckwith to put his four acres in trust with Charles M. Roach as security for the seven hundred fifty dollars Beckwith owed James Roach on a note of December 15, 1859. The land was on the east side of Swift Creek on the public road from New Bern to Washington, in Craven County, adjoining John Jackson, Franklin Hoell [?] and William Cleve, and Beckwith was living on it. If the debt was not paid by October 1, 1860, Charles M. Roach was to sell the land.
The paper was never signed or witnessed, and there is no court or registration note, so it may be a draft or an unused copy. The writer’s own words are kept as written below.
Deed of trust from James L. S. Beckwith to Charles M. Roach, trustee for James Roach, four acres on the New Bern–Washington road at Swift Creek – Craven County, 1860 (unsigned)
Transcription notes: spelling, capitalization and punctuation follow the original. Words in [square brackets] are editorial notes; [?] marks an uncertain reading and [illegible] marks words that could not be read.
This Indenture made on the 28th day of
June A.D. 1860 between James L. S. Beckwith of
the County of Craven and State of North
Carolina on the first part and Charles M.
Roach of the County and State aforesaid
of the second part and James Roach of
the County and State aforesaid of the third
part. Witnesseth that whereas the said James
L.S. Beckwith is justly indebted to the said
James Roach in the sum of Seven hundred
and fifty dollars as on reference to a certain
note bearing date December 15th A.D. 1859 will
more fully appear and whereas the said James
L.S. Beckwith is honestly desirous to secure the
payment of said debt. Now therefore this
Indenture witnesseth that for and in consid-
eration of the premises together with the fur-
ther consideration of the sum of one dollar
to the said James L.S. Beckwith in hand paid
by the said Charles M. Roach the receipt where
of is hereby acknowledged in full he the
said James L.S. Beckwith hath granted bar-
gained and sold and by these presents doth
grant bargain and sell unto the said
Charles M. Roach a certain tract of land
lying and being in the County and State
aforesaid on the East Side of Swift Creek
on the Public Road leading from Newbern to
Washington and adjoining the land of
John Jackson Franklin Hoell [?] and William
Cleve containing four Acres it being the
land on which the said James L.S. Beckwith
now lives reference being had to a certain
deed executed by the said James Roach to the
said James L.S. Beckwith will more fully and
at large appear. To have and to hold the said
lands and premises and all and singular the
tenements, hereditaments, woods, ways, waters,
mines, minerals, improvements, rents, issues,
profits, remainders, reversions, privileges, and
appurtenences thereunto belonging or in
anywise appertaining to him the said —
Charles M. Roach his heirs executors and
administrators in fee simple forever
free and discharged of any and all in-
cumbrances whatsoever. In Special trust and
confidence nevertheless, that the said Charles M.
Roach shall and will hold, keep use and
apply the same to the uses and intents —
following and no other that is to say
that if the aforesaid debt and every part
thereof together with the lawful interest
that may have accrued on the same shall
not be fully paid off and satisfied on
or before the first day of October A.D.
one thousand eight hundred and Sixty
then and in that case it shall be lawful
and shall be the duty of the said Charles
M. Roach being thereunto required by the
said James Roach having first advertised
the same at the Court house in the town
of Newbern and three other public
places within the County of Craven for
the space of twenty days to proceed to
sell the said lands and premises at public
auction to the highest bidder for ready
money or if required by the said James
Roach he may proceed to sell by private
sale allowing the purchaser a reasonable
Credit and convey the same by proper and
sufficient assurances to the purchaser
And out of the proceeds or moneys arising
from said sale to retain all necessary
expences of this trust; and then pay off
and discharge the said debt and interest
or such part thereof as shall remain
unpaid at the time of said sale. and
the overplus (if any) he shall truly and
faithfully return to the said James
L.S. Beckwith his heirs executors and
administrators.
And it is further covenanted and agreed
by and between all the parties to these
presents that in the mean time that is to
say from the date hereof until the said
first day of October A.D. one thousand eight
hundred and sixty the said James L.S. Beckwith
shall be privileged and entitled to live on
the said lands and premises and take, use
and apply the rents issues and profits and
every part thereof to his own use and benefit
And if at any time before the sale
of the property the said James L.S. Beckwith
shall pay off and discharge the aforesaid
debt and interest together with all
necessary expences [struck through: by] by incurred, then
and in that case this Indenture
and every part and clause there
of shall be utterly void and
of no effect, otherwise to remain
in full force —
In testimony whereof the said
parties to these presents do hereunto set
their hands and seals the day and
year first above written
Signed sealed and delivered }
in presence of }
(Seal)
(Seal)
(Seal)
[On the back, written sideways:]
J. L. S. Beckwith
to
C. M. Roach Tr.
Deed
About the original
This deed of trust is written in a neat, even hand on three pages of a folded sheet, with a short docket on the outside. The three seals are drawn in, but no one signed and no witnesses are written in, and there is no court or registration note. It may be a draft or an unused copy.
The middle neighbor’s surname is hard to read and is given as Hoell with a question mark. “Tr.” on the docket means trustee.
The four acres are the lot James Roach sold to James L. S. Beckwith on December 15, 1859 for $750 (see that deed in this folder). This paper shows that Beckwith had given James Roach a note for the whole price and was to put the land in trust with Charles M. Roach as security, with a sale if the debt was not paid by October 1, 1860. It also places the lot on the east side of Swift Creek on the public road from New Bern to Washington, and says Beckwith was living on it.
Source: Deed of trust, James L. S. Beckwith to Charles M. Roach, trustee, 28 June 1860. Roach Family Papers (#346), East Carolina Manuscript Collection, J. Y. Joyner Library, East Carolina University, Greenville, NC, Box 1, Folder c (Land Records, 1728–1886). Collection guide. Digitized folder: ECU Digital Collections, 0346-b1-fc.
Images courtesy of East Carolina Manuscript Collection, J. Y. Joyner Library, East Carolina University. View this item in ECU Digital Collections.
Part of the Roach Family Papers collection on East Carolina Roots.
