DEED OF GIFT by Judy Cardwell
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Deed of Gift from Ephriam Banner to Joshua Banner, 3 Sept 1804, Deed Book 4 page 524
This Indenture Made the third day of September in the year of our Lord One
Thousand eight hundred and four, Between Ephriam Banner of the County of
Stokes of N. Carolina, of the one part, and Joshua Banner his son of the
County and state aforesaid Witnesseth that the said Ephriam
Banner as well for the love & Natural Affection which he hath &
beareth unto the said Joshua Banner his son, as also for the better Main-
tenance and preferment of the said Joshua Banner, hath Given Granted
aliened [to transfer property], enfeoffed [transfer of land] and Confirmed, and by these presents doth give
grant enfeoff and confirm unto the said Joshua Banner his heirs and assigns
a certain tract or parcel of land Which was allotted to the said Ephriam
Banner by virtue of the last Will & Testament of the late Henry Banner Decd.
and is bounded as follows (viz) Beginning at a white oak the south east
corner of the Original Survey, on a small promontory [a high point of land], and runs North on
the Old line sixty poles to a white oak, West sixty seven poles to a stake
Benjamin Banner Jr.’s Corner on the east side of the creek, south on his
Line sixty poles to pointers in the in the Old Line, thence East on the said line
to the beginning including the house and plantation which the said
Joshua Banner in now possession of, And also all woods, ways
Water and Water courses, and all and every the appurtenances thereunto
belonging, or in anywise appertaining. To have and to hold unto the
said Joshua Banner his heirs and assigns forever to the proper use and
behoof of the said Joshua Banner his heirs and assigns forever.
and the said Ephriam Banner for himself and his heirs will to the
said Joshua Banner his heirs and assigns forever warrant and
defend the aforesaid land and pointers free and clear from the
molestation or hindrance of any other person or persons whatsoever.
In Witness Whereof the said Ephraim Banner hath hereunto set his
hand and affixed his seal the day and year first above written.
Sealed & acknowledged before Chas. Banner Eph. Banner SEAL
and William Cardwell.
Stokes County June Term 1805. The execution of the above Deed
was duly proven in Open Court by the oath of Chas. Banner, and
Ordered to be registered. Test. Robt. M. William, C.C.
1b1. Deed of Gift from Ephriam Banner to his son Joshua Banner 25 acres, dated 3 Sept 1804, Stokes County
Deed Book 4, page 524.
A Deed of Gift from Ephriam Banner (1753-1838) to his son Joshua Banner (1776-1846), deed dated 3 Sept 1804,
Stokes Co., NC Deed Book 4, page 524 will be discussed in this article. The land is located in Forsyth County on
the waters of Buffalo Creek.
A Deed of Gift deed normally does not have any considerations except the words as in this deed “for love and
natural affection which he beareth unto said Joshua Banner his son, also for the better maintenance and
preferment [advantage or promotion in dignity] of the said Joshua Banner.”
This the wonderful thing about a Deed of Gift, in this case identifying that Joshua Banner is the son of Ephriam
Banner. A deed such as this deed is an excellent source for use in any organization to help prove a relationship.
The second thing that deed states is a statement as to where Ephriam Banner received the land from: Ephriam
Banner by virtue of the last Will & Testament of the late Henry Banner, Decd.
Ephriam Banner is the son of Henry Banner (ca 1728-1789). Henry’s will is dated 1 Feb 1776 and after Henry’s
death in 1789, each of the 4 children received land from Henry’s estate. On 10 May 1790, Ephraim received 280
acres from his father, Henry Banner’s estate, Stokes Co., NC, Stokes Deed Book 2, page 245.
The third good thing mentioned in this deed is the statement: including the house and plantation which the
said Joshua Banner is now in possession of. So we now know that Joshua lives on this particular tract of land.
The description of the land is: Beginning at a white oak the south east corner of the Original Survey, on a small
promontory [a high point of land], and runs North on the Old line sixty poles to a white oak, West sixty seven
poles to a stake Benjamin Banner Jr.’s Corner on the east side of the creek, south on his Line sixty poles to
pointers in the in the Old Line, thence East on the said line to the beginning. This description does not mention
any acres, but when I plotted out the deed it is exactly 25 acres. Benjamin Banner Jr. (1773-1811) is also the son
of Ephriam Banner and a brother of Joshua Banner.
The witnesses on this deed were Charles Banner and William Cardwell. The deed was proved in open court by
Charles Banner in Jun 1805 and thus recorded by Robert M. Williams, Stokes County Clerk of Court.
