Casper Herps to Thomas W. Herps & Lee V. Herps - 264 Acres

On 1 Jan 1900, Casper Herps wrote the following contractual deed with his sons Thomas and Lee, arranging for them to receive his remaining land in exchange for their seeing to his well being, and also for certain sums of money to be paid to him or his estate which would go to his heirs. The deed was delivered to the clerk's office on March 16, but was not entered into record until 16 May 1900. Casper had died 11 Apr 1900.

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Bullitt County Deed Book 33, Page 467-470

Whereas Casper Herps being dependent and relying upon Thomas W. Herps and Lee V. Herps, his sons, for support and maintenance, has agreed to convey all his right and title in and to the property hereinafter described, with its appurtenances and belongings unto the said Thomas W. Herps and Lee V. Herps upon the following terms and conditions, viz.

That the said Thomas W. Herps and Lee V. Herps will support and comfortably keep and maintain said Casper Herps for and during the term of his natural life, permitting him to use and occupy the house and room in said house now and heretofore occupied by him, and for and in consideration of the further sum of $1500.00 to be due and payable to said Casper Herps on order at or before his death, and for which sum said Thomas W. and Lee V. Herps have executed to said Casper Herps their several promissory notes of even date herewith, due and payable as aforesaid, bearing interest from the death of said Casper Herps as follows.

Five notes for $200 each and one note for the sum of $500, all of said notes bearing date of this day and payable as aforesaid. In the event that said Thomas W. Herps and Lee V. Herps fail or refuse to properly clothe, board or provide for said Casper Herps, or in the event that before his death, it should become necessary for said Casper Herps to be dependent upon and of necessity compelled to apply to other persons for support, or if said Thomas W. Herps or Lee V. Herps, or either of them should for any reason misuse or ill treat or fail to provide for said Casper Herps as heretofore provided in this instrument, then this deed is to become and be null and void, inoperative and not binding upon said Casper Herps, and the above mentioned notes executed by said Thomas W. and Lee V. Herps are to be cancelled and of no value, provided however that in case the payers of said note have paid off any of said notes in whole or in part before the death of said Casper Herps, then in that event they are to be credited with the full amount of said payment or payments in the final settlement of the estate of said Casper Herps between his heirs.

And the said Thomas W. Herps and Lee V. Herps having accepted the terms hereof and agree to fulfil and comply with all the provisions hereby made mandatory upon them, therefore, this indenture, made and entered into this the 1st day of January 1900, by and between Casper Herps, party of the first part, and Thomas W. Herps and Lee V. Herps, jointly parties of the second part.

Witnesseth that the said party of the first part, for and in consideration of the premises aforesaid, has bargained and sold, and by these presents doth hereby convey with covenants of "General Warranty" unto the said Thomas W. Herps and Lee V. Herps, their heirs and assigns forever, the following described property situated in Bullitt County, Kentucky on the county road leading from Cedar Grove to Bardstown and bounded as follows:

Beginning at a stone on the north side of the county road, corner to Amanda E. Bowman, at the mouth of a lane, thence with Bowman's line and the land S23° W 94 poles to a stone and white oak, Bowman's corner; thence with another of her lines and the land N 66° W 23 poles and 9 links to a stone; thence with the land and Bowman's line S 24° W passing an elm at 69 1/2 poles, in all 105 poles to a stone at the end of said land, and in a line of Whitaker's original survey of 460 acres, also corner to Mrs. Bowman; thence with her line (being the Whitaker line) N 80° E supposed 64 poles to a beech and gum, corner to Bowman, and an original corner to G. W. Weller's 33 acre patent; thence with a line of Bowman and Weller S 46° E (for 49°) __ poles to a white oak and hickory on west side of a branch; thence N 77° E 10 poles to a mulberry, hickory and sweet gum in Cave's patent line; thence with the same S 10° W 48 poles to a gum and hickory, Cave's original corner; thence N 78° W 100 poles to a chestnut oak and white oak, corner to Herps' 26 acre patent and same course continued in all 222 poles to a chestnut oak on the south side of Cave Hollow; thence S 57° W 70 poles to two white oaks, corner to Ed O'Bryan; thence with his line (being the Cave line) N 67 3/4° W passing O'Bryan's and Douley's corner 158 poles to a stone at the intersection of Banks' patent line; thence with same N 44° W 52 poles to a stone and red oak in Whitaker's patent line of 200 acres, now Post Thompson's line; thence with same East, passing a stone and white oak at 47 poles in all 129 poles to a stone, original corner of Whitaker's 200 and 460 acre patents, now Thompson's corner; thence with Thompson's line N 80° E 181 1/2 poles to a pile of stone on the south side of a branch, Thompson's corner; thence with his line N 18 1/2 W 127 poles to a large red oak by a sink hole; thence N 6 1/2° W 94 poles to a large poplar, Thompson's corner in a line of the old Crist tract; thence with same S 55° E 67 poles to a stone, corner to a tract of land conveyed by Lucinda Bolton to J. M. Herps; thence with a line of the same N 39° E 55 poles to a stake in the county road, J. H. Deacon's corner; thence up the road S 45° E 25 1/2 poles to a stake; thence S 61° E 34 poles, S 71° E 22 poles to the beginning, containing 314 acres, more or less.

Out of the above tract of land there is excluded and not conveyed by this indenture 50 acres of knob land heretofore conveyed by Casper Herps to N. J. Weller by deed of date August 13th 1888, and recorded in deed book No. 27, page 197 in the office of the clerk of the Bullitt County Court, which deed is hereby referred to for more particular description of said 50 acre.

A lien is retained on the property herein conveyed to secure the unpaid purchase money.

In testimony whereof, witness the signature of the first and second parties, the day and date first above written.

(signed) Casper Herps, T. W. Herps, Lee V.Herps

State of Kentucky
Bullitt County, Sct.
I, O. H. Bolton, Notary Public, do certify that the above contract and deed from Casper Herps to T. W. Herps and Lee Herps was this day signed and acknowledged before me by Casper Herps and T. W. Herps and Lee Herps to be their act and deed this the 1st day of January 1900.

My commission expires 15 January 1902. (signed) O. H. Bolton, Notary Public

State of Kentucky
Bullitt County, Sct.
I, W. B.Tilden, clerk of the Bullitt County Court, in the state aforesaid, certify that the foregoing deed was on March 16th 1900 lodged for record, which with the foregoing and this certificate I have truly recorded in my office this 16th day of May 1900. (signed) W. B. Tilden, Clerk

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