The Shemwell Family

Nixdorff to William Shamwell Indenture Tobias Nixdorff Samuel Nixdorff to William Shamwell, Recorded 9th April 1845. This Indenture made the twenty fourth day of June in the year of our Lord eighteen Hundred and forty two between Tobias Nixdorff of Baltimore in the State of Maryland in his own right and as guardian of Tobias L. and Ann Louisa Nixdorff of the first part, Samuel Nixdorff of Baltimore aforesaid of the Second part and William Shamwell of St. Mary’s County State of Maryland and Ann S. his wife of the third part. Whereas Henry Shultz deceased by his will dated the twenty fifth day of October eighteen hundred and nineteen, devised to his wife Ann in fee simple all his real estate wherever situated the premises hereinafter mentioned being part of such estate. And whereas the said Ann Schultze departed this life intestate leaving [? two] daughters her heirs at law surviving her, to wit: the said Ann Shamwell and Juliana, the late wife of the said Tobias Nixdorff. And whereas the said Julianna Nixdorff hath also departed this life and left as her heirs the said party hereto of the second part and her brother Tobias S. and sister Ann Louisa(both still under age) And whereas the said party hereto of the first part and the said William Shamwell on the nineteenth day of September eighteen hundred and thirty nine made a partition of the real estate of the said late Henry Schultze which on the death of his said wife descended to the respective heirs of the said William Shamwell and Tobias Nixdorff and upon such partition and division the premises hereinafter described were allotted to the said parties hereto of the third part, but no deeds of partition have been executed. This Indenture [?] Witnesseth that in order to vest a separate estate in the premises hereinafter described in the Said parties hereto of the third part and in consideration of the sum of one dollar current money to the Said parties hereto of the first part and second parts paid by the said parties hereto of the third part before the execution of these presents the receipt whereof is hereby acknowledged by the said party hereto of the first part as well in his individual right as in his character of Guardian as aforesaid. And the said party hereto of the second part has and each of them hath granted, bargained, sold, released and confirmed and by these presents do and each of them doth grant, bargain, sell, release and confirm unto the said parties hereto of the third part all that piece or parcel of ground situate and being the South half part of lot number seventeen in Beatty and Hawkins Addition to said Town fronting forty feet or thereabouts on High Street and one hundred and thirty four feet or thereabout deep with the dwelling house thereon And also all that other piece or parcel of ground in the Said Town being the North part of lot number one hundred and twenty six in the said addition to said Town at the corner of High and Second streets with the improvements thereon. Together with all and singular the buildings rights [?] and appurtenances to the same belonging and all the estate rights title and interest of the said parties hereto of the first and second parts and of the said Tobias S. and Ann Louisa Nixdorff therein and thereto at law and in equity. To have and to hold the said premises described above and every part thereof with the appurtenances unto and to the use of the said William Shamwell and Ann his wife the heirs of the said Wm Shamwell to be held and enjoyed by them in severalty. And the said parties hereto of the first and second parts do hereby covenant to and with the said parties hereto of the third part that they and each of them and the said Tobias S. and Ann Louisa Nixdorff and all other persons whomsoever shall and will at all times hereafter do any [?] and the better to convey the said premises unto the said parties hereto of the third part whenever they shall require the same. In witness whereof the said parties hereto of the first and second parts have hereunto set their hands and seals the day and year first above written. Signed sealed and delivered in the presence of James Blair and William Stewart. Signed Tobias Nixdorff and [Samuel] Nixdorff. State of Maryland, County of Baltimore. We James Blair and William Stewart Justices of the Peace in and for the County aforesaid did n the Said State of Maryland and do hereby certify that Tobias Nixdorff and Samuel Nixdorff parties of the first and second pars to a certain deed having date the Twenty fourth day of June instant and hereto annexed personalty appeared before us in our County aforesaid, the Said Tobias and Samuel being personally well known to us as the person who executed the Said deed, and the Said Tobias and Samuel [in Georgetown in the District of Columbia –not sure about this] Nixdorff did then and there in our presence execute and acknowledge the same as their and each of them act and deed. Given under our hands and seal, this twenty fourth day of June eighteen hundred and forty two. Signed James Blair and William Stewart. [A note re the recordation follows—also on same date.]