State of Alabama

Russell County

This Indenture of three parts made this the twenty sixth day of September in the year of our Lord Eighteen Hundred and Forty three between James V. Jones of the County of Burke and State of Georgia of the First part and Mary Elizabeth Hurt of the County of Russel and State first aforesaid of the second part and Joseph B. Jones of the County of Burke and State of Georgia and Henry Hurt Jr. of the County of Russel and State of Alabama of the third part by this instrument made Trustees to hold and manage the estate both real and personal herein after particularly and fully set fourth and described. Whereas the said Mary Elizabeth Hurt is entitled in her own right now seized and possessed of the Land Negroes Chattells choses in action and other things after mentioned and a marriage is intended shortly to be had and solemnized between the said James V. Jones and the said Mary Elizabeth Hurt and upon the treaty and contract of which said marriage the said James V. Jones did agree that if the same should take place then notwithstanding the said marriage he the said James V. Jones himself or his executors administrators and assigns shall not in any way manner or form intermeddle with control or use said interest, right or title to the same except as hereafter provided and upon the happening of the event therein specified, either in law or equity or any part or parcel of the same, or to the rents, hire, issue and profits therefor, but that the said Lands and negroes and other property whether real or personal as well in possession as in expectancy monies on hand and chores in action should be conveyed, transferred assigned and delivered over to the said Joseph B. Jones and the said Henry Hurt Jr. in them and their survivors of them and such other person or persons as may be selected and appointed in the manner hereinafter mentioned to succeed them or either of them as Trustees to be vested and remain upon Trusts and for the uses and purposes after specified. Now to carry into effect this intention and agreement of the parties of the first and second part. This Indenture witnesseth that the said Mary Elizabeth Hurt in consideration of said intended marriage with the said James V. Jones and of the promises and for and in consideration of the sum of Five Dollars one half Eagle good and lawful money of the United States to her in hand paid at and before the signing and sealing of these presents, the receipt whereof is hereby acknowledge; and for diverse other good and sufficient causes be thereunto moving and by the consent and full approbation of the said James V. Jones testified and manifested by his signing and sealing of these presents hath granted bargained sold aliened and conveyed and doth by these presents grant, bargain, sell alien and convey unto the said Joseph B. Jones and Henry Hurt Jr. and the survivor of them all that part and parcel of land situate lying and being in the County of Russel and State aforesaid on the water of the Hatchachulbe brook --- known and distinguished in plan of survey as section three and in Township fifteen; Range twenty seven it being a part of a certain plantation called and distinguished by name as the Hatchachulbee plantation and containing Nine Hundred and Sixty acres. It being inherited by the said Mary Elizabeth Hurt as a full childs part of her Fathers real estate and the said Mary Elizabeth Hurt doth further bargain and sell, give and grant to the said Joseph B. Jones and the said Henry Hurt Jr. and the survivors of them the following Negro Slaves to wit - Ned a black man age thirty years a waggoner by trade - Judy a black woman field hand thirty years of age - Adaline a black girl thirteen years old - Squire a black boy twelve years old - Elcy and Area twin sisters and nine years old - Prissa a black child six years old - Mary a girl two years old Leander a boy four months old - Isaac a black man twenty years old a field hand - Burwell a black man twenty years old a field hand - George a black man thirty years old a field hand - Julian a colored woman a field hand twenty eight years old. York a black boy twelve years old - Martha a colored girl seven years old - Washington a colored boy four years old - Ellen a coloured girl two years old - Green a coloured boy eight years old - Polly a black woman a cook sixty years - Melvina a black girl six years old - Henry a black boy field hand eighteen years old - Joe a black man field hand twenty years old - Anderson alias Frasier a coloured boy seventeen years old - Antony a black boy thirteen years old - Ann a colored girl eighteen years old - a seamstress with their and every of their increase of the aforesaid Negro Slaves - And the said Mary Elizabeth Hurt doth further bargain and sell, give and grant to the said Joseph B. Jones, and the said Henry Hurt Jr. and the survivors of them the following personal estate which consist of seven head of plantation mules, one yoke of oxen and cart. Thirty seven head of stock hogs. Thirty head of stock cattle, and one half of the plantation tools and utensils upon the Hatchachulbee plantation, and all other articles as are usually required to carry on the common affairs of a plantation together with two feather beds and furnitute all else that is attached to a household and homestead usually and the said Mary Elizabeth Hurt hath and do by these presents transfer assign and set over to the said Joseph B. Jones and the said Henry Hurt Jr. all the money coming to the said Mary Elizabeth from her fathers estate as a childs part or that portion that may be assigned her at the distribution of monies arising or accruing from the settlement of estate of Joel(Jod) Hurt deceased. To have and to hold the aforesaid land negroes chattels and choses in action and ready money to the said Joseph B. Jones and the said Henry Hurt Jr. and the survivor of them, but nevertheless upon the Trusts and to the intent and purposes hereinafter expressed viz. That the said Joseph B. Jones and the said Henry Hurt Jr. and the survivor of them, shall take levy, receive and possess the rents, issues and profits, liens, income and revenue the interest or dividends of all and singular the said lands with their appurtances, negroes, and their increase, chattels, bonds notes, or other evidences of debt, ready money or other thing and from time to time to pay over the sum or so much, or such part thereof as she may desire to the said Mary Elizabeth Hurt during the joint lives of the said Mary Elizabeth, and the said James for her sole and exclusive use, benefit and control and if the said Mary Elizabeth Hurt shall survive her intended husband the said James V. Jones then and in that event to pay and deliver over to the said Mary Elizabeth Hurt her executors, administrators and assigns, the aforesaid lands, negroes, chattels, debts and ready money or such of them as may be on hand or such other lands, negroes chattels, securities debts stocks ready money or other thing as may have been received in exchange for the same or purchased or procured with the proceeds thereof of any part of parcel of such proceed, and also to account to pay and deliver over the rents issues and profits, hire income and revenue, interest and dividents then due and accruing thereon to the said Mary Elizabeth Hurt and to her sole use benefit and behoof forever and if the said Mary Elizabeth Hurt shall die in the life time of said James V. Jones leaving a child or children or descendants of child or children then to pay and deliver the said Lands, negroes, chattels, securities, debts, stocks, ready money or other thing and also accounts to pay and deliver the notes, issues and profits, hire income and income interest and dividents to such child or children or descendants of children in like manner as above to his her or their sole use benefit and behoof equally.--- if any such child or children should be under age at the time of the death of the said Mary Elizabeth his her or their share or shares except so much as may be necessary for the support maintenance and education of such child or children the delivery and payment thereof until such child or children or descendants of such child or children shall come of age or marry which ever may happen first or until he she or they having arrived at the proper age to choose shall have selected some proper person or persons as his her or their Guardian and such person or persons shall be duly appointed and qualified according to Law. And should the said James V. Jones survive his intended wife the said Mary Elizabeth Hurt and she the said Mary Elizabeth should die without issue living at the time of her death or descendants of such issue living, then in like manner during the life of said James V. Jones to take, levy, receive and possess, the rents issues and profits hire income and revenue, interest and dividends of said lands negroes, chattels, bonds, notes, or other evidences of debt ready money or other things or such as may be received or been thereof and the same from time to time to pay and deliver over to the said James V. Jones during his natural life to and for his sole benefit use and behoof and after his death it shall and may be lawful for such person or persons as the said James V. Jones who is hereby fully authorized and empowered at any time in his life time and after the death of the said Mary Elizabeth without issue surviving as aforesaid to make and appointment testamentary in writing, may name and appoint therein and thereby to have the said lands, negroes, chattels, securities debts or evidences of debts, stocks, ready money or other things or such as may have been received in lieu thereof and therefor as well as the rents, issues and profits, hire, income and revenue, interest and dividends then ___ and due on such part or portion, or the whole as may be so appointed and directed by the said James V. Jones in his said will so to be made as aforesaid to receive the same of said trustees and to discharge them thereof and to his her or their use, benefit, and behoof forever. And upon the further trust that it shall and may be lawful to and for the said Joseph B. Jones and the said Henry Hurt Jr. and the survivor of them at any time during the existence and continuance of the Trust aforesaid by the direction and with the approbation of the said Mary Elizabeth Hurt and the said James V. Jones and if the said Mary Elizabeth should die before the said James V. Jones leaving child or children or descendants of child or children as aforesaid then by the like direction of the said James V. Jones, satisfied in writing under the hands and seals and upon the death of said Mary Elizabeth leaving child or children living as aforesaid under his the said James V. hand and seal attested by two or more witnesses to sell and convey any or all of the aforesaid lands, negroes, chattels or other things to exchange them for any other lands, negroes, chattels, or other things which shall or may be convenient necessary, and proper to be sold or exchanged and the interest and thereof in fee simple to be by them conveyed by deed or otherwise with such clauses and convenants and to such person or person whatsoever and for and at such price or prices, sum or sums of money other equivalent as to them the said Joseph B. Jones and the said Henry Hurt or the survivors of them shall seem reasonable and just and further at any and all times to ask for demand and receive sue for and recover as well the said first mentioned notes, bonds, or other evidences of debt as well as other bonds, notes, and other evidences of claims debts or demands or accounts, whether for not hire or other thing arising or growing out of the management and disposition of the aforesaid Trust property or any part thereof whatever directed by the said Mary Elizabeth and the said James V. in writing in like manner as above, or by the said James V. alone, if he should survive the said Mary Elizabeth and the proceeds of bonds, notes or other evidences of debt or choses in action, or arising from the said sale of said land and negroes, or other chattels, or such as may be received in exchange for them again and as often and whenever it may be necessary and proper to sell or exchanged, and they be so directed and requested as aforesaid, to reinvest in other lands, negroes, and chattels, stocks, personal securities at interest or in any other manner or things and to and for such other uses and trusts, intent and purposes as the said Mary Elizabeth with the approbation of the said James V. Jones if he should survive the said Mary Elizabeth shall in such writing under the hands and seal attested as aforesaid, order and direct.

And it is hereby agreed and declared by all the parties to these presents, that in case the said Joseph B. Jones or the said Henry Hurt Jr. should die or either or both remove so far from the residence of the said Mary Elizabeth or in case of her death of the said James V. Jones or if the said Mary Elizabeth and after his death the said James V. Jones, shall remove to remote and distant parts as to make it impractical or very inconvenient for said trustees or the survivors of them to attend to and discharge said trust or if either of said Tustees should desire to withdraw from said trust and notify the said Mary Elizabeth Hurt and the said James V. Jones, or if the said James V. survive the said Mary Elizabeth then the said James V. Jones and in case the like should happen with any or all of the person or persons to succeede the said Joseph B. Jones or the said Henry Hurt Jr. appointed and in their place and stead, then and in such case it shall and may be lawful until said Trust is fully performed and wholly executed or otherwise determined to and for the said Mary Elizabeth Hurt and the said James V. Jones, during their joint lives, and after the death of Mary Elizabeth for the said James V. Jones, if he should survive her as soon as may be and whenever, and as often as it may happen, that either of said first named trustees, shall die or any succeeding trustees or shall notify as aforesaid his or their intention to withdraw from said trust or shall remove and go to distant and remote parts to nominate and appoint some fit and proper person or persons to be a new Tustee or Trustees for the uses and purposes as aforesaid in the places and stead of him or them dying or relinquishing or removing and as often as during the existence of the aforesaid trust or any of them, the like case shall happen and that thereupon and in every such case the said land and negroes,chattels, notes, bonds or other evidences of debts and stock or ready money or whatever else the said estate may then at that time consist or such part thereof is shall be applied or approprated to the uses and purposes of said trust shall be and is hereby declared to be conveyed transfered assigned delivered over and surrendered to such use, and suceeding Trustees or the survivors in such manner and form that the same shall become fully and legally vested in him or them to all intents and purposes, to and for the uses and Trust aforesaid and such person or persons so appointed as aforesaid in succession shall from and immediately after their appointment, and from thenceforth act in the exeuction and business of said Trust as fully and effectually, and with the same power and authority in all respects, and to all intents, and purposes as he or they might or could have done in case he or they had been originally appointed and made Trustees by these presents. Provided always and it is so declared, concluded and agreed by and between all the parties to these presents that they the said Joseph B. Jones and the said Henry Hurt Jr. and their succeeding Trustees and every of them, that they and every of them shall and may from time to time reimburse, satisfy and pay himself and themselves out of said estate and the proceeds, when in their hands all such necessary and reasonable disbursements, expenses and charges, as they and every of them shall sustain be part to or incur by reason of their being made parties to these presents and transacting any thing, pursuant thereto and that neither the said Joseph B. Jones nor the said Henry Hurt Jr. nor their successors or any of them, shall be in any way accountable or responsible for the act or acts of the other, or liable in any way to make good, or be called upon to account for, or make good or respond to any more of the estate, then what really and bonafide come into their hands or custody, and not then untill written notice of such demand and reasonable time allowed him or them and every of them to prepare their accounts and furnish their vouchers of such transactions.

And the said James V. Jones doth hereby fully certify and approve of the promises and doth for himself his heirs, executors and administrators, promise covenant and agree to and with the said Joseph B. Jones and the said Henry Hurt Jr. and the survivors of them and their successors and every of them that it shall and may be lawful to and for the said Joseph B. Jones and the said Henry Hurt Jr. and the survivors of them, and their successors as Trustees and every of them, at any time from and after the said intended marriage between him and the said Mary Elizabeth Hurt, shall be had and solemnized to commence any action or suit in law or equity in the name of the said Mary Elizabeth and the said James V. Jones, against any person or persons for the recovery of any estate, whether real or personal and belonging to the said Mary Elizabeth at the time of the said marriage or to which she may thereafter, either as heir at law, to any person or persons, or by Deed gift grant or otherwise become entitled, or for the recovery of any money dur or to grow due to the said Mary Elizabeth, or her said estate as aforesaid, and that the said James V. Jones will not release, agent or discharge any such action, or suit, either for money or other property, nor receive agent release or discharge any sum or sums of money now due on hereafter grow due, to the said Mary Elizabeth from her estate aforesaid, without the special license and permission of the said Joseph B. Jones and the said Henry Hurt Jr. and the survivors of them, or their successors and every of them, in that behalf, first had and obtained in writing and under their hands and seals, but that he the said James V. Jones shall now, justify and maintain all lawful actions and suits that shall may be so commenced for the recovery of the premises and the said James V. Jones shall as often as thereunto desired by the said Joseph B. Jones and the said Henry Hurt Jr. and the survivors of the, and their successors and every of them join with the said Mary Elizabeth his intended wife in any suit or action as aforesaid, or in any receipt, release, discharge or acquitance necessary and proper to be given on receiving any money due, or to become due to the said Mary Elizabeth Hurt aforesaid, and further that he the said James V. Jones after his said intended marriage, shall take effect, shall and will from time to time and shall upon reasonable request, and the proper costs and charges of the Joseph B. Jones and the said Henry Hurt Jr. and the survivors of them, their successors and every of them, shall make do and execute all and every such other and further act and acts thing and things for the better settling, recovery and receiving the monies, goods, chattels, and estate of the said Mary Elizabeth Hurt as by the said Joseph B. Jones and the said Harry Hurt Jr. and the survivors of them and the successors and every of them, or that their council learned in the law, shall be devised, advised and required as necessary and proper in order to effectuate and enforce the Trust aforesaid and in case it shall and may become necessary in his name to employ one or more attorneys to prosecute such suits or actions as aforesaid, and to pursue the same until final judgement, due execution. Provided always and it is so declared concluded and agreed upon, by and between all the parties to these presents that the said James V. Jones shall from time to time and at all times hereafter, be indemnified and saved harmless of any from all costs, damages, or trouble, that he shall or may sustain, incur or be put to for or by reason of joining or being made a party to any suit or action as aforesaid or being made to any separate, release, receipt or acquitance as aforesaid and for and on account of any other matter or thing touching said estate whatsoever. And the said Joseph B. Jones and the said Henry Hurt Jr. for themselves their heirs executors and administrators and assigns hereby promise covenant and agree to and with the said Mary Elizabeth Hurt and the said James V. Jones severally and not jointly, and to and with their several and respective executors and administrators and assigns, that they will faithfully and truly perform discharge execute and fulfill, from time to time and at all times, all and singular the trusts aforesaid according to the true intent and meaning of these presents and further that they will and truly account to the said Mary Elizabeth from time to time, and to her children if she should die, in the life time of the said James V. Jones leaving any surviving heir, and if not, then to the said James V. Jones during his life, and after his death to such person or persons, as he the said James V. by his testamentary will in writing shall name and appoint, order and direct and to and with their several respective executors administrators and assigns of and for their actings and doings, receipts and disbursements and other proceedings touching the premises, and further that they the said Joseph B. Jones and the said Henry Hurt Jr. will not injure misapply or apply to their own use any of said lands, negroes, chattels, debts, choses in actions, or evidences of debt, or other thing whatsoever belonging to said estate, which shall come to their hands by virtue of said trust, but shall and will in all things faithfully honestly and fully manage and control the same to the best advantage for all the parties in interest and furtherance of the ends and purpoes of the confidence in them reposed. But the sole receipt of the said Mary Elizabeth during her life and of the said James V. after her death shall in every instance be sufficient to acquire and discharge, said Trustees and every of them, for all money or monies so paid them at any time. In witness whereof the said parties to those presents have severally and respectively set their hands and affixed their seals. To wit the said James V. Jones the said Elizabeth Hurt and the said Henry Hurt Jr. on this day and year above written.

James V. Jones

Mary E. Hurt

Henry Hurt Jr.

Signed sealed and acknowledged in our presence in duplicates: Wiley Harris, Priscilla B. Ingram, John A. Reynolds.

The State of Alabama

Russell County

Personally appeared before me John B. Tate a justice of the Peace in and for the County and State above written the within named James V. Jones, Mary Elizabeth Hurt and Henry Hurt Jr. who acknowledged that they signed sealed and delivered the foregoing instrument on the day and year therein mentioned. Given under my hand and seal this the 27^th September 1843. Jno. B. Tate J.P.

And afterward to wit the said Joseph B. Jones one of the Parties of the third part of these presents on this the twenty eighth day of September in the year Eighteen Hundred and Forty Three and in our presence did sign seal and acknowledge as above in duplicates. Joseph B. Jones

William B. Jones, Willis S. Breazeal, Sarah Jones, Henry W. Jones.

Georgia. Burke County. Personally appeared before me Needham Bullard and acting Justice of the Peace in and for said County and State as above written the within named William B. Jones who being duly sworn deposeth and saith on oath that he saw Joseph B. Jones one of the parties of the third part of these presents, sign, seal and deliver the within written instrument for the purposes therein mentioned and that he saw Willis S. Breazeal, Sarah Jones and Henry W. Jones subscribe their names as witnesses to the same instrument. Given under my hand and seal this the 20^th day of December 1843. William B. Jones, Needham Bullard J.P.

Recorded February 10, 1844