State of Georgia

This Indenture tripartite Made this day of February in the year of our Lord One Thousand Eight Hundred and Forty Four Between Catherine Elizabeth Desabaye of the County of Burke State of Georgia of the first part Randolph Ridgely of the State of Maryland at present an officer in the United States Army of the second part and Robert M. Goodwin of the City of Savannah State of Georgia and Francis Doyle of the County of Burke same State of the other part Whereas the said Catherine Elizabeth Desabaye is now seided and possessed of certain Estate real and personal hereinafter mentioned to wit All that tract or parcel of land of fifteen hundred and seventy two acres situate lying and being in Buck head Creek in the County of Burke State of Georgia, bounded on the north by the Lands of Kates, on the South by that of John Owens and George Madray, on the East by that of Henry Lewis and on the West by that of S.W. Blount and George W. Evans. Also one undivided moiety or half part of (160) one hundred and sixty acres, situate, lying and being in that part of the State of Georgia known as the Cherokee Survey and known in said survey as number Also fifty eight negroes at present on said tract of land in said County of Burke named as follows to wit David, Lawrence, Hero, Richmond, Adam, Bill, Alec, Mark, Nero, Bob, Anthony, Justice, Cyrus, Quash, Old Joe, Jack, Gaby, Foy, Washington, Patrick, John, Juliett and her (3) three children viz. Laura, Henrietta, Cornelia, Becky and her (5) five children viz Major, Edmund, Peggy, Murriah, Dorcas, Mary and her (3) three children viz. Violet, Sophy and Sophys child Martha, Marengo, Nancy and her child Winney, Tener and her child Caty, Eley and her (3) children Fanny, Rinalda, Walker, Eliza and her (2) chldren Hero, Charlotte, Jinney, Mary Ann, Peggy, Belinda, Scilla, Lucy, Louisa, Phoebe, Statira, Anny and Lydia, together with the issue and increase of the females. And also a stock of horses, mules, cattle, hogs, corn, fodder and utensils of all kinds attached to the said tract or parcel of land, situate lying and being in the said County of Burke, State aforesaid. And whereas the said Catharine Elizabeth Desabaye may at some future period become entitled to some further and other estate by inheritance or otherwise. And wherease a marriage is intended to be shortly had and solemnized between the said Catherine Elizabeth Desabaye and the said Randolph Ridgely, upon the Contract of which said Marriage the said Randolph Ridgely both agreed that if the same shall take effect, then that notwithstanding the said marriage to the said Randolph Ridgely his Executors, Administrators or assigns shall not nor will have any right tith or interest in law or equity of in or to the said Tracts or parcels of land and the hereditements thereunto belonging or to the above recited Negroes and the issue and increase of the females or to the said stock of horses, mules, cattle, hogs, corn and fodder attached to said tract in said County of Burke or in or to any other and further estate real or personal which the saie Catharine Elizabeth Desabaye may hereafter become entitled to by inheritance or otherwise during the natural life of her the said Catharine Elizabeth Desabaye but that the same shall continue to and remain in the said Catharine Elizabeth Desabaye for and during the term of her natural life and after her death to the issue of the said marriage if any these shall be. Now this indenture witnesseth that in consideration of the said intended marriage and to the intent that the aforesaid agreement shall be made effectual in law and that all and singular the estate real and personal land and tenements above described and that all and any future estate real or personal which the said Catharine Elizabeth Desabaye may hereafter acquire or become entitled by inheritance or otherwise and the profits of said present and such future estates may be secured and applied upon the trusts and to and for the uses, intents and purposes hereinafter mentioned and expressed he the said Randolph Ridgely doth for himself executors administrators and every of them, covenant, grant, promise and agree to and with the said Robert M. Goodwin and Francis Doyle and the survivor of them and the executors, administrators and assigns of such survivor that notwithstanding the said marriage shall take effect all the aforesaid estate real and personal and the profits thereof, and all such further and other estate as may be acquired in future by the said Catharine Elizabeth Desabaye by inheritance or otherwise shall during the life of her the said Catharine Elizabeth Desabaye and after her death during the life or lives of the issue of the said intended marriage should it take effect, if any such issue there shall be, be reckoned accounted esteemed and taken as a separate and distinct estate of and from the estate of him the said Randolph Ridgely and be by noways or means liable or subject to the payment of any of his debts, And the said Catharine Elizabeth Desabaye by and with the consent and approbation of the said Randolph Ridgely, her intended husband and in consideration of the sum of one dollar to her in hand paid, the receipt whereof is hereby acknowledged in full, Hath granted bargained sold conveyed and confirmed and by these presents Doth grant bargain, sell, convey and confirm unto the said Robert M. Goodwin and Francis Doyle and the survivor of them, and the executors, administrators and assigns of such survivor. All and singular the above described parcels or tracts of land with the hereditaments, rights, members and appurtenances to the same belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, unto issues and profts there of and all the estate right title and interest property claim and demand whatsoever in Law and Equity of the said Catharine Elizabeth Desabaye of in or to the same and also to the above enumerated negroes and stock upon the said Tract or parcel of land lying situate and being in the said County of Burke and the increase thereof and all such further and other Estate real and personal as the said Catharine Elizabeth Desabaye may hereafter become entitled to by Inheritance or otherwise and all and singular the profits thereof. To Have and to hold all and every the above described and granted tracts or parcels of land with the appurtenances and the said Negroes and Stock and the increase thereof and all such future Estate with the profits thereof unto them the said Robert M. Goodwin and Francis Doyle and the survivor of the them and the Executors Administrators and assigns of such survivor. In trust nevertheless to and for the separate use benefit and behoof of the said Catharine Elizabeth Desabaye for and during her natural life and from and after decease, then to the use benefit and behoof of the child or children of the said Catharine Elizabeth Desabaye by the said Randolph Ridgely lawfully to be begotten as tenants in common and not as joint tenants, and for and in default of such issue then to the use and purpose following that is to say In trust that one equal half part of all and singular the said Estate real and personal and the profits thereof and of such future Estate as may be acquired by the said Catharine Elizabeth Desabaye during coverture with the said Randolph Ridgely and the profits thereof shall be assigned transferred applied and disposed of to the said Randolph Ridgely (if the said Randolph Ridgely shall be then in life) and to his heirs and assigns forever and that the remaining equal half part of all and singular the said estate real and personal and of such future estate and the profits thereof shall be assigned transferred and disposed of to the right heirs on the Mothers side of the said Catherine Elizabeth Desabaye and their heirs and assigns forever, but in case of the death of the said Randolph Ridgely at or before the death of the said Catharine Elizabeth Desabaye without lawful issue of the said Marriage then In Trust that all the said Estate real and personal and all such future Estate and the profits thereof shall be transferred assigned applied and disposed of to the right heirs on the Mothers side of the said Catharine Elizabeth Desabaye. And it is further understood covenanted and agreed by and between the parties hereto that the said Robert M. Goodwin and Francis Doyle and the survivor of them and the Executors Administrators and assigns of such survivor shall and may at any time hereafter with the approbation of them Catherine Elizabeth Desabaye and Randolph Ridgely have full power and authority to sell or dispose of the said Estate real or personal or any part thereof or of any future or other Estates, they the said Robert M. Goodwin and Francis Doyle or the survivor of them and the Executor and Administrator of such survivor investing preserving and disposing of the proceeds of said Sale or disposal to and for the uses and trusts, intents and purposes herein before mentioned. In witness whereof the said parties have hereunto set their hands and seal the day and year first above written.

Catherine Desabaye, Randolph Ridgely, R.M. Goodwin, Francis Doyle

Sealed and delivered

in presence of

H. Williamson, Geo. W. Evans, Wm. T. Goodwin Not. Pub.

Recorded March 28, 1844