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State of Georgia
This Indenture Tripartate made and entered
into this Eighteenth day of July in the year of
our Lord One Thousand eight hundred and forty
three, and of the Independence of the United
States of America the Sixty Eighth. Between
Paul Davidson M.D.
of the County of Burke and State aforesaid of
the first part -- Drusilla
A. Jackson of the County of Richmond and
State aforesaid of the second part, and
Baldwin B. Miller
and William J. Evans
both of the county of Burke and State
aforesaid of the third part: Witnesseth that
whereas the said Drusilla
A. Jackson be seeded(?) and possessed of
a considerable estate both real and personal, a
schedule of which is hereunto annexed and
intended to form a part of these presents -- And
whereas a marriage is intended (by the
permission of God) to be had and solemnized
between the said Paul
Davidson, and the said
Drusilla A. Jackson
it is concluded and agreed upon by and between
all the contracting parties that the said
Drusilla A. Jackson,
by and with the full and free consent and
approbation of the said
Paul Davidson shall: And by these
presents doth hereby give, grant, bargain, sell,
alien convey, and confirm, for and in
consideration of the covenants herein contained,
and also in consideration of the sum of one
dollar, to her in hand paid, at, and before the
sealing and delivery of these presents the
receipt whereof is hereby acknowledged unto the
said Baldwin P. Miller
and William J.
Evans, as Trustees of the said
Drusilla A. Jackson
and to their heirs, and assigns forever. All the
property real and personal in the schedule
hereunto annexed mentioned and contained -- To
have and to Hold all and singular the said
property both real and personal in said schedule
hereunto annexed contained, unto the said
Baldwin B. Miller
and William J. Evans
and the survivor of them, and the Executors or
administrators of such survivor for ever in fee
simple to such uses upon such trusts, and to and
for such intents and purposes as an herein after
expressed mentioned and declared of and
concerning the same. That is to say. That the
said Baldwin B. Miller
and William J.
Evans and the survivor of them and the
executors or administrators of such survivor
shall and will hold the said property in said
schedule mentioned and contained, and every part
and parcel thereof in Trust for the use of the
said Paul Davidson
and Drusilla A. Jackson
jointly for and during the Term of their natural
lives: and permit and suffer them to have the
possession of all and singular the said property
real and personal, and to receive and enjoy the
rents, issues and profits of the same in such
manner as they may think fit. And in case of the
death of the said Paul
Davidson, during the lifetime of the said
Drusilla A. Jackson,
and the said Drusilla A.
should have no child or children or grand
child or grand children, issue of the said
intended marriage, living at the time of the
death of the said Paul
Davidson born within the usual time of
gestation thereafter, then and in such weise(?)
the said trustees, or the survivor of them or
the executor, more than or administrators of
such survivor shall immediately by proper Deeds
or other instruments in writing good and valid
in the Law assign and set over all and singular
the said property in said schedule mentioned and
contained, with the increase of the female
slaves, and such other property real and
personal as may be purchased with the proceeds
of the notes, judgements and other evidences of
debt mentioned and contained in the said
schedule or which may accrue to the said trust
in any other way or manner whatever, unto the
said Drusilla A.,
her heirs and assigns forever in fee simple,
entirely free, and discharged from any further
trust or confidence whatever -- But if she the
said Drusilla A.
should have a child or children, or grand child
or grand children the fruit of the said intended
marriage living at the time of the death of the
said Paul, or born
within the usual time of gestation thereafter,
then and in such case the said property and its
increase shall remain in the said trustees or
the survivor of them, or the executors or
administrators of such survivor in the same
manner as herein before specified, for the
benefit of the said
Drusilla A., and the said child or
children, or grand child or grand children and
also such other child or children, or grand
child or grand children as she may at any time
thereafter have in lawful wedlock with any
future husband, the said
Drusilla A. to enjoy the whole and every
part of the said property during the time of her
natural life. And after her death the same to be
divided equally between all her children and
grand children that may be in life at the time
of her death share and share alike; the said
grand child or grand children to stand in the
place or stead of his, her, or their father or
mother, as the case may be, and draw only such
share or part as would have fallen or come to
his, her, or their father or mother, if he or
she had been in life at the time of such
division. But, if the said
Drusilla A. having such child or
children, or grand child or grand children,
should survive them all, then and in that event,
all the said property and its increase shall be
hers in fee simple entirely freed and discharged
from any further trade in confidence whatever.
And in case the said
Drusilla A. Jackson shall depart this
life during the life time of the said
Paul Davidson
leaving behind her, living at the time of her
death a child, or children, or grand child or
grand children, whose father or mother, being
the issue of the said intended marriage, shall
have departed this life during the life time of
the said Drusilla A.
and such child or children, or grand child or
grand children shall survive the said
Paul Davidson, then
and in such case all the said trust property
real and personal in said schedule mentioned and
contained with such other as may accrue to the
said trust by purchase, exchange(?) or otherwise
shall be immediately by proper deeds and
instruments in writing good and valid in the
Law, assigned ____ by the said
Baldwin B. Miller
and William J. Evans
or the survivor of them, or the executors or
administrators of such survivor, to such child
or children or grand child or grand children, or
to such child or children, and grand child or
grand children as the case may be share and
share alike, which said grand child or grand
children shall stand in the place or stead of
his her or their father or mother as the case
may be, and receive only such part or share as
would have belonged or fallen to such father or
mother if he or she had been in life at the time
of such Division to him her or them and his her
or their heirs and assigns forever in fee
simple, and entirely freed and discharged from
any further trust or confidences whatever. And
in case of the death of the said
Drusilla A. during
the life time of the said
Paul Davidson leaving no child or
children, or grand child or grand children
living at the time of her death -- Or leaving
such child or children, or grand child or grand
children they should all depart this life during
the lifetime of the said Paul then and in such
event the said Baldwin B.
Miller and William
J. Evans or the survivor of them, or the
executors or administrators of such survivor
shall, immediately, by proper deeds or other
instruments, in writing, good and valid in the
law, convey, assign, and ___ over to the said
Paul Davidson his
heirs and assigns forever in fee simple, All and
singular the said property real and personal in
said schedule mentioned and contained, and also
all such other property as may have accrued to
the said trust by purchase exchange, or
otherwise, and entirely freed and discharged
from any further trust or confidence whatever.
And in case it shall at any time be the will of
both the said Paul
Davidson and
Drusilla A. Jackson, and also of the said
trustees or the survivor of them to invest the
proceeds of the said notes judgements or other
evidences of debt contained in said schedule in
Lands negroes or other property -- or to sell or
dispose of all or any part of the Land negroes
or other property in said schedule mentioned or
contained, or any other property which may from
time to time, accrue to the said trust by reason
of purchase, exchange or in any other way or
manner whatever they shall have full power to do
so by writing under their hands and seals, or
under their hands and seals, and the purchase
shall hold the same entirely freed and
discharged from any further trust or confidence
whatever -- And the proceeds of such sale or
exchange shall be, immediately reinvested in
such property real or personal as the said
Paul Davidson and
Drusilla A. Jackson
may think fit and be conveyed to the said
trustees or the survivor of them, to the same
uses, upon the same trusts, and to and for the
same intents and purposes as are herein before
mentioned and declared in regard to the property
herein conveyed and contained in the said
schedule. And the said
Paul Davidson covenants on his part to
exercise no more control nor to intermeddle with
the said property more than by the covenants of
the deed he is authorized to do. And the said
Baldwin B. Miller
and William J. Evans
do covenant on their part will and truly
to keep and perform all the covenants contained
herein for them to keep and perform. In witness
whereof the parties have hereunto set their
hands and affixed their seal, the day and year
above written.
Paul Davidson
Drusilla A. Jackson
Baldwin B. Miller
Willliam J. Evans
Signed sealed and delivered
in presence of us.
Jno. D. Walker
Val Walker
J.I.C.R.C.
A schedule of the property real and personal
conveyed by virtue of the annexed deed, and now
affixed to the same as a part thereof viz one
undivided half part of a tract of Oak and
hickory land on the waters of Buck Head in Burke
County Georgia containing eleven hundred and
sixty six (1166) Acres, more or less adjoining
lands of William Schley,
M.C. McCuller, Henry Lewis and
Elijah Byne,
originally granted to
Henry Younge.
One negro woman slave named
Penny and her
female child name Laura
Fifty two (52) promissory notes of thirty
dollars each, and one note of fifteen dollars
amounting to the sum of fifteen hundred and
thirty five dollars all dated on the 24th
Nov 1840 payable twelve months after the date
thereof, and made and signed by
William E. Evans
trustee for Jane R. Mills,
and George W. Evans
as security upon these notes there is a credit
of one hundred and fifty (150) dollars dated 21st
Dec 1842, and they are payable to
Drusilla A. Jackson
or bearer.
Thirty six promissory notes of thirty dollars
each and one of eleven dollars and fifteen cents
-- making the sum of ten hundred and ninety one
15/100 (1091.15) dollars, all dated on the 6th
December 1841 payable to
Drusilla A. Jackson, twelve months after
date thereof and made and signed by
John Owens and
William J. Owens.
A judgement obtained by
Drusilla A. Jackson in the Superior Court
of Burke County for the sum of Fourteen Hundred
dollars besides interest due thereon.
The above and foregoing schedule was annexed
and attached to the accompanying deed at and
before the execution thereof, this 18th
day of July A.D. 1843.
Jno. D. Walker
Val D. Walker
J.I.C.R.C.
Recorded July 22nd 1843
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