1935 Deed of Boone Hall

1935 Deed of Boone Hall

In 1935, Boone Hall was sold to Thomas A. and Alexandra E. Stone for $55,000. They purchased a total of 4,039.5 acres which included the original Boone Hall property, Laurel Hill Plantation, and part of Elm Grove and Parkers Island. The Horlbecks retained the right to harvest the existing crop with the exception of the pecan crop. Below is a transcribed copy of the deed.

In this transcription abbreviations, spellings, and punctuation marks have been preserved. Line breaks also remain intact, as well as column structure. Indentations and spacing are difficult to replicate on the Web and may be distorted or omitted. [?] represents an unknown word.

                                                                            TITLE TO REAL ESTATE


          WHEREAS, John S. Horlbeck died on or about the 17th day of May, 1916, seized and possessed of the property hereinafter described, leaving his last will and testament whereby he named as executor and executrix of his estate his son Frederick H. Horlbeck, and his daughter Elizabeth L. Horlbeck ( now Elizabeth Horlbeck Wulbern ), giving and granting unto his said executor and executrix full and complete power or sale as to all assets of his estate, real and personal, and

          WHEREAS, the timber rights, the easements and the privileges granted by John S. Horlbeck to The Dorchester Land & Timber Company, by deed dated 11th December, 1902, and recorded in the R.M.C. Office for Charleston County in Book L-24, page 66, expired prior to the death of the said John S. Horlbeck, and the said grantee in the said timber deed had long since ceased to pay the required renewal money, and all timber upon the said property, and all rights, easements, and privileges connected with such timber, or incident thereto, are held and owned by the Estate of John S, Horlbeck as owner of the land in fee, and

          WHEREAS, the said executor and executrix of the said John S. Horlbeck, after duly qualifying, did thereafter sell and convey the property hereinafter described ( with

a minor exception ) to William J. Stober, but subsequently re-acquired the said property by foreclosure and by sale and conveyance by the Master in Equity under the said foreclosure proceedings, and

          WHEREAS, upon conveyance of the said property to the said Stober a tract of nine and 4/10 ( 9.4 ) acres was reserved and provision was made in the said deed for certain rights, easements and privileges in connect on with the use of the said tract of 9.4 acres, and the use of the other part of the said property, but by the foreclosure proceedings as aforesaid, and the acquisition the rounder of the property so sold by the executor and executrix of the Estate of John S. Horlbeck, the said tract of 9.4 acres has now been merged in ownership with the larger tract from which it was originally divided by and through the said deed to the said Stober, and all of the rights, easements, and privileges reserved and erected in connection there with, under and by virtue of the deed of Frederick H. Horlbeck as executor and Elizabeth H. Wulbern as executrix, to William J. Stober have been merged in the ownership of both tracts of land in the said executor and executrix, and

          WHEREAS, Frederick H. Horlbeck, as executor, and Elizabeth H. Wulbern, as executrix of the Estate of John S. Horlbeck are now seized in fee simple and possessed of all the property hereinafter described, and are fully authorized and empowered to make conveyance thereof.

          NOW KNOW ALL MEN BY THESE PRESENTS, THAT we FREDERICK H. HORLBECK, as Executor, and ELIZABETH H. WULBERN, as Executrix of the Estate of John S. Horlbeck, deceased, in the State aforesaid, in consideration of the sum of FIFTY-FIVE THOUSAND ($55,000.00) Dollars, to us in hand paid at and before the sealing of these presents by THOMAS A. STONE and ALEXANDRA E. STONE, the receipt whereof is hereby acknowledged, have granted, bargained sold and released, and by these presents do grant, bargain, sell and release unto the said THOMAS A. STONE and ALEXANDRA E. STONE:

          All that plantation or tract of land, with the buildings and improvements thereon, situate, lying and being in Christ Church Parish, Charleston County, and State of South Carolina, known as "BOONE HALL PLANTATION" including the adjoining tracts known as "Laurel Hill", including part of "Elm Grove" and "Parkers Island" and as now owned by the Estate of John S. Horlbeck, and containing the aggregate three thousand three hundred forty-three and 3/10 ( 3343.3 ) acres of highland, including small islands, and six hundred ninety-six and 2/10 ( 696.2 ) acres of marsh, or a total acreage of four thousand thirty-nine and 5/10 ( 4039.5 ) acres more or less, according to a recent survey made by The John McCrady Company, Reg. Civil Engineers, Charleston, S.C. January and February, 1926, a plat of which survey entitled "Map of Boone Hall, Laurel Hill and Parkers Island, Charleston County, S.C." etc. is attached to the deed of conveyance from Frederick H. Horlbeck as Executor and Elizabeth H. Wulbern as Executrix of John S. Horlbeck, decd. to William J. Stober, and recorded in Plat Book E. page 37, R.M.C. Office, Charleston County, and having such shape, marks, boundaries, courses and distances as are delineated and set forth in said plat.

          BUTTING AND BOUNDING as a whole to the north on Martins Point, lands of Hasell, Nimitz, Wagner, and various other owners, east on lands of Wagner, Porcher, Gregory, and various other owners, and on the Georgetown Highway, south on lands of Gregory, Hamlin, and various other owners, partly on the Georgetown Highway, and partly on Long Point Road, west on creeks flowing into the Wando River, and party on Wando River; parts of the said property, however, lying at places on both sides of the Georgetown Highway and on both sides of Long Point Road, as the said roads are now located.

          Included in the foregoing description is a tract of nine and 4/10 ( 9.4 ) acres sometimes called "Wampancheone", that was excepted when the said executor and executrix made their deed of conveyance to William J. Stober, but which is not excepted from this deed of conveyance.

          There is no excepted from this deed of conveyance, however, a tract of one hundred and twenty-five ( 125 ) acres formerly a part of Laurel Hill, conveyed by Carolina Plantation, Inc. to Mrs. E.V. Hartford by deed dated July 1, 1931, recorded July 18, 1931, in the R.M.C. Office for Charleston County in Book G-35, page 220.

          IT is the intention of the grantors in this deed of conveyance to convey hereby all of the property now belonging to the Estate of John S. Horlbeck in Christ Church Parish, and generally known as Boone Hall, consisting of the Boone Hall original tract, Laurel Hill, Elm Grove, Parkers Island, and other property contiguous thereto, as more fully shown on the said plat of McCrady above referred to.

          TOGETHER with all and singular, the rights, members, hereditaments, and appurtenances to the said premises belonging, or in anywise incident or appertaining.
          TO HAVE AND TO HOLD, all and singular, the said premises before mentioned unto the said THOMAS A. STONE and ALEXANDRA E. STONE, their heirs and assigns forever.
          AND we do hereby bind ourselves, and our successors, to warrant and forever defend, all and singular the said premises unto the said THOMAS A. STONE and ALEXANDRA E. STONE, their heirs and assigns, against us, and each of us individually and as executor and executrix of the Estate of John S. Horlbeck, and against all persons claiming by, under, or through us or either of us individually or as executor and executrix, or by, under or through the said John S. Horlbeck, or his estate.

          Reserving, however, unto the Estate of John S. Horlbeck all crops now growing upon the said land, with the right to harvest the same upon maturity, not later than December 31, 1935, except that the crop of pecan nuts now developing upon the said property is not so reserved, but is intended to be sold and conveyed hereby to the grantees named in this deed.

          WITNESS our hands and seals this 5th day of July in the year of our Lord one thousand nine hundred and thirty-five and in the one hundred and sixtieth year of the Sovereignty and Independence of the United States of America.

Signed, sealed and                                   Frederick H. Horlbeck (L.S.)
Delivered in the presence of:                       Elizabeth H. Wulbern (L.S.)
                                                            as Executor and Executrix of the
Alice P.T. Hayne                               Estate of John S. Horlbeck, deceased.
E.K. Smith

          PERSONALLY appeared before me E.K. Smith and made oath that she saw the within named Frederick H. Horlbeck as Executor and Elizabeth H. Wulbern as Executrix of the Estate of John S. Horlbeck, deceased, sign, seal, and as their act and deed, deliver the within written deed, and that she with Alice P.T. Hayne witnessed the execution thereof.

Sworn to before me this                                                   E.K. Smith
5th day of July, 1935.

Julian Mitchell Jr.       (  NOTARIAL SEAL OF)
Notary Public for S.C. (JULIAN MITCHELL, JR.)
                                ( N.P. FOR S.C.)
Recorded July 11,1935 at 1:25 P.M. U.S.I.R. Stamps $55.00 affixed, S.C. Doc. Stamps $110.00 affixed. Original delivered to Buist & Buist. Being first endorsed as recorded by county auditor.       JULIUS E. COGSWELL R.M.C.   Per Clk, L.M.C.

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