On 12 July 1843, JS, as trustee-in-trust for the church, deeded sixty-eight lots of land in Nauvoo, Illinois, valued at $10,000, to his wife Emma Smith and their children. Earlier the same day, JS dictated a revelation on eternal and plural marriage.1 William Clayton, who transcribed the revelation, wrote about the revelation and the events immediately following its dictation in his journal. According to Clayton, after JS and Hyrum Smith read the revelation to Emma, she “did not believe a word of it.” JS then told Clayton “to Deed all the unincumbered lots to E. & the children.”2 JS may have deeded this property to Emma to assure her that she and her children would have financial security even within a system of plural marriage. JS spent most of the next day “in conversation withe Emma,” perhaps discussing the revelation on eternal and plural marriage and the land agreement they had made the day before.3 The details of the conversations between Joseph and Emma remain unknown.

The land deeded to Emma and the children constituted just over 10 percent of the original plat of the city of Nauvoo.4 The ownership of these lots of land originated with Hugh White, Isaac Galland, and Horace Hotchkiss. In 1839, the White lands were purchased on behalf of the church by Alanson Ripley, though Robert B. Thompson later received the deed to the lands, and the Galland lands were purchased on behalf of the church by George W. Robinson. In 1841, ownership passed from Thompson and Robinson to JS and Emma Smith. That same year, after the church was incorporated in Illinois and JS became the church’s trustee-in-trust, JS and Emma Smith transferred the White and Galland lands to JS as church trustee.5 The Hotchkiss lands were acquired in 1839, when Sidney Rigdon, JS, and Hyrum Smith agreed to purchase nearly four hundred acres of land from Hotchkiss and his business partners. After JS became trustee for the church, Rigdon and Hyrum Smith transferred this agreement to JS.6

The sixty-eight lots represented in the deed featured here were originally part of these land transactions and remained under the authority of JS as trustee-in-trust for the church until he deeded them to Emma and their children on 12 July 1843. Of the sixty-eight lots deeded on 12 July, seventeen were originally included in the White transaction, twenty-five came from the Galland transaction, and twenty-six were from the Hotchkiss purchase.7 Though the text of the deed from JS acknowledged the receipt of $10,000 “to him in hand paid,” this was likely boilerplate language used to establish the value of the land. It is unlikely that Emma paid him any amount of money for the land.

William Clayton prepared the deed for JS, who then signed it and added his seal. Clayton witnessed that JS delivered the deed to Emma, and on 15 July 1843, JS acknowledged his execution of the deed before Newel K. Whitney, who was serving a four-year term as a justice of the peace.8 Whitney then certified the deed. It is not known whether Emma Smith was present with JS and Whitney, but the certified deed was presumably returned to her.

Emma Smith or someone acting either on her behalf or on behalf of the church had the deed recorded in Hancock County Deed Book M on 8 July 1844, eleven days after JS was murdered and nine days after his funeral.9 Emma may have had the deed recorded to protect the assets for her family and to ensure it would be honored by JS’s “successors in Office.” She also likely needed to set JS’s financial affairs in order, as she was the executor of his estate.

See also Historical Introduction to Deed, Samuel and Sabrina Davenport Canfield, to Emma Smith, 1 Oct. 1836.

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6288

J. Smith Truste <​&c​> To E. Smith et als

Recorded 8th of July 1844

This Indenture made and entered into this twelfth day of July in the year of our Lord one thousand eight hundred and forty three between Joseph Smith. sole Trustee in trust for the church of Jesus Christ of Latter Day saints of the County of Hancock and State of Illinois of the first part and Emma Smith, Julia M. Smith, Joseph Smith junior, Frederick G. W. [Granger Williams] Smith and Alexander [Hale] Smith all of the County of Hancock and State of Illinois of the second part Witnesseth that the said Joseph Smith party of the first part for and in consideration of the sum of Ten thousand dollars, to him in hand paid, the receipt whereof is hereby acknowledged Doth hereby grant, bargain, sell, convey and confirm unto the said Emma Smith, Julia M. Smith, Joseph Smith Jr. Frederick G. W. Smith and Alexander Smith their heirs and assigns for ever All those tracts or parcels of land, situate and being in the County of Hancock and State of Illinois and described on the plot of the City of Nauvoo as being Lot number three in Block number ninety three also Lot number four in Block number ninety four also Lots number one, two and three in Block number ninety five Also Block number ninety six Also Block number ninety seven Also Block number ninety eight also Lots number one and two in Block number ninety nine Also Lot number four in Block number one hundred and four Also Lots number two and three in Block number one hundred and nine Also Block number one hundred and ten. Also Lot number three in Block number one hundred and Eleven. Also Lot number three in Block number one hundred and twelve Also Lots number three and four in Block number one hundred and thirteen Also Lots number one, two and three in Block number one hundred and Sixteen. Also Block number one hundred and twenty eight. Also Block number one hundred and twenty nine Also Lots number one, two, and four in Block number one hundred and thirty one Also Lots number one, two, and four in Block number one hundred and thirty five. Also Lots number two, three, and four in Block number one hundred and thirty six Also Block number one hundred and thirty seven. Also Lot number four in Block number one hundred and forty two. Also Lot number three in Block number one hundred and forty three Also Block number one hundred and forty four Also Lot number one in Block number one hundred and forty five Also Lot number three in Block number one hundred <​and​> forty seven Also Block number one hundred and fifty five. Also Lot number two in block number one hundred and fifty nine And also Lot number one in Block number one hundred and sixty. Together with all and singular the appurtenances thereunto belonging or in any wise appertaining To have and to hold the above described premises unto the said Emma Smith, Julia M. Smith, Joseph Smith Jr., Frederick G. W. Smith and Alexander Smith parties of the second part, their heirs and assigns for ever And the said Joseph Smith, party of the first part his assigns and successors in Office, the aforesaid premises, unto the said Emma Smith Julia M. Smith, Joseph Smith Jr., Frederick G. W. Smith and Alexander Smith parties of the second part, their heirs and assigns, against the claim or claims of all and every person whomsoever, do and will warrant and for ever defend by these presents. In testimony whereof the said Joseph Smith party of the first part hath hereunto set his hand and seal the day and year above written,

Joseph Smith L. S.

As sole Trustee in trust for the church of Jesus Christ of Latter Day saints.

Signed, sealed and delivered in the presence of William Clayton)