Elizabeth Webber-Michael Miller 1858 Deed

In September 1858, David Carey and his mother Elizabeth Winans Carey Webber sold their Staunton township property to Michael Miller. The justice of the peace who recorded the sale is probably "Judge" John Clawson Winans (1803-1861) who, like Elizabeth's first husband, is buried in the Raper Chapel cemetery. This deed was transcribed by cousin Kelly Conrad:

Quit Claim, Elizabeth Webber of Miami County [Grantor] to Michael Miller of Miami County Ohio [Grantee]; 16 acre interest in the North Side of the NW/14, R.11, T.1 [nominally, Staunton Township], Miami County Ohio; consideration $50

Miami County Ohio Clerk, 1860
Deeds, Book 35 [Aug 1859 – Jul 1860], 644 pp.
Pgs. 253-254
9 Sep 1858 [written]; 9 Sep 1858 [proved]; 14 Jan 1860 [recorded]

Instrument Title Text: "Elizabeth Webber To Michael Miller"

Know all men by these presents that Elizabeth Webber [sic] of the County of Miami and State of Ohio for and in consideration of the sum of Fifty Dollars to me in hand paid by Michael Miller of the County of Miami and State of Ohio the receipt whereof is hereby acknowledged have granted bargained Sold demised and quit-claimed and by these presents do grant bargain Sell demise and quit-claim unto the said Michael Miller and to his heirs and assigns forever All that certain tract a parcel of ground being in the County of Miami and State of Ohio Being a part of the North West quarter of Section No Fourteen ,,14.. Town one ,,1.. Range Eleven ,,11.. [sic] Being Sixteen acres on the North Side of said quarter Section Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining and the reversions remainders rents issues and profits thereof and all the Estate right title interest claim or demand whatsoever of one [sic] the said Elizabeth Webber either in law or equity of in and to the same bargained premises To Have and to Hold the same to the said Michael Miller and assigns forever
In Witness whereof I the said Elizabeth Webber hereunto set my hand and seal the 9th ..day of September in the year of our Lord one thousand Eighthundred and fifty eight

Signed Sealed in presence of
John C Winans

      his              }                her
Samuel + S Spicer      }       Elizabeth + Webber
      mark             }                mark

State of Ohio Miami County SS On the 9th. day of September 1858 before the Subscriber a Justice of the Peace in and for Said County personally appeared Elizabeth Webber who Signed and Sealed the foregoing deed and acknowledged the Same to be her free and voluntary act and deed for the purposes therein expressed Given under my hand the day and year aforesaid
John C Winans Justice of the Peace
Entered Dec 19th.. and Recorded Jan 14th.. 1860
J P. Wellesman R [ecorder?]"

Transcriber comments:

Note. The State of Ohio's recognized, common-law widow's dower interest in intestate estates was one third. Thus, David Carey Sr.'s widow, Elizabeth 'Betsy' (Winans) Carey, since remarried to Francis Webber, would have received a dower of 1/3 of 50 acres [1/3 of 50 acres = 16 2/3 ac.], essentially agreeing with the 16 acre amount specified in the subject instrument.