The Deed

Here is my transcription of the original deed.  Many thanks to Shirley for her guidance.

– Suzanne

“Thos. L. Rutledge & Wife To Deed T. M. Houghton et als”[1]

The State of Texas
Williamson County
Know all men by these presents that we, Thomas. L. Rutledge and wife H. M. Rutledge of the County and State aforesaid for and in consideration of the sum of Five Dollars to us in hand paid by T. L. Rutledge T. M. Houghton R. W. Dodd of the same State and County the receipt of which is hereby acknowledged have bargained and sold and conveyed and by these presents do bargain sell and convey unto the said T. L. Rutledge T. M. Houghton R. W. Dodd In trust for the use of the neighborhood or surrounding community as a public burying ground and for School and Church purposes – a certain tract or parcel of land it being a part of the Elisha Allen survey and including the Grave yard near our residence and described as follows towit (sic):

Beginning at a set Stone N 55 ½ W 164 vrs from the West corner of L. (?) Wilsons 115 acre survey from which a forked Pecan brs N 20 E 16 vs.  Thence N 55 W 110 vrs set Stone from which a black jack 5 in Dia brs N 55 W 9 ½ vs. Thence N 35. E 70 vs to a set Stone from which a Live Oak 10 in Dia brs S 10 E 20 ½ vs.  Thence S55 E110 vs set Stone.  Thence S35 W70 vs to the place of beginning containing one and 36/100 acres more or less.  Hereby reserving the right for the said T. L. Rutledge to act as trustee in conjunction with the others named To have and to hold the said above described premises for the uses and purposes therein set forth unto the said trustees and their successors in office (which may be Selected by the Citizens of the neighborhood who feel an interest in the matter) forever.  Hereby warranting the title to the same against all lawful Claimants.  In testimony whereof we have hereunto set our hands this 16^th day of Feby A. D 1872.

Thos. L. Rutledge
H. M. Rutledge

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The State of Texas
County of Travis
Personally appeared before the undersigned authority Thomas. L. Rutledge and wife H. M. Rutledge to me well known to be the individuals described in and who executed the above and foregoing conveyance from Thos. L. Rutledge and wife and in favor of T. M. Houghton R. W. Dodd and also reserving the Right to act myself the said Thos. L. Rutledge as Trustees and they acknowledged  to me that executed the same for the uses and purposes and considerations therein stated and that the was their act and Deed, and the said H. M. Rutledge wife of the said Thos. L. Rutledge having been examined by me privily and apart from her Husband and having the said deed fully explained to her the said H. M. Rutledge acknowledged the same to be her act and deed and declared that she willingly sealed and delivered the same and that she wished not to retract it. ———–

L.S                              In testimony whereof I have hereunto set my hand and affixed the seal of my office this 16 day of February A.D 1872 ———

Thos Anderson
Notary Public Travis County

Filed March 19^th 1877 at 8 O’clock A.M. and recorded June 23^rd 1877.

Levi Pennington Clerk
C. C. Wm. County

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[1] “Deed of conveyance from THOMAS L. RUTLEDGE and H.M.  RUTLEDGE ‘his wife’ of Williamson Co TX ‘for the use of the neighborhood or surrounding community as a public burying ground and for School and Church purposes’,” 16 Feb 1872 (recorded 23 June 1877), Williamson County, TX Office of the County Clerk, https://deed.wilco.org/, transcribed by Suzanne Tucker McAlpin for the purposes of the Pond Springs Historical Cemetery Association and related blog, 11 January 2011.