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Marriage Contract of Paul Davidson, M.D. and Drusilla A. Jackson [Burke County Deed Book 9.5, 1843-1847, pps. 5-8]  

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