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State of Georgia
Burke County
This indenture tripartate had made and
executed this first day of March in the year of
our Lord One thousand eight hundred and forty
four and in the County aforesaid between
Margarett Jones (widow) of the first part and
Alexander Murphy of the second part, and Abraham
Jones and John W. Carswell trustee, of the said
Margarett Jones of the third part all of said
County and State. Witnesseth Whereas by divine
permission a marriage is about to be had and
solemnized between the said Alexander Murphy and
the said Margarett Jones, and whereas the said
Margarett Jones, is possessed of and entitled
unto, a considerable property both real and
personal, derived under the will of Henry S.
Jones, late of said County deceased, consisting
of Lands and Negroes, Household and Kitchen
furniture, plantation tools and stock of every
description necessary for a plantation, and more
fully described in the will aforesaid, and
whereas the said Alexander Murphy is desirous,
that the property aforesaid shall be secured in
trust, to the comfort, maintainance and
enjoyment of the said Margarett Jones under such
limitations and conditions as shall be
hereinafter expressed and contained. Now this
indenture witnesseth that the said Margarett
Jones by and with the consent of the said
Alexander Murphy, which is affirmed by his
signature to this Instrument for and in
consideration of the marriage so as aforesaid to
be had and solemnized between the said Alexander
and Margarett, and for the further consideration
of the sum of ten Dollars to her in hand paid by
the Trustees as aforesaid hath aliened conveyed
and confirmed, and by these presents doth alien,
convey and confirm unto the said Abraham Jones
and the said Jones W. Carswell, trustees as
aforesaid and to their heirs and assigns, all
the property both real and personal in
possession or in action, as aforesaid described
to have been derived from the Will of the late
Henry S. Jones deceased and more fully set forth
therein for and upon the uses, trusts,
limitations and conditions herein after
expressed declared and set forth, and upon no
other use, trust, limitation or condition
whatever viz. In trust to and for the Joint use
of the said Alexander Murphy, and the said
Margarett Jones for and during the term of their
and each of their lives; and upon the death of
the survivor, then to the child or children, the
fruit of the contemplated marriage, share and
share alike in fee simple forever, and in the
event of the said Margarett Jones surviving the
said Alexander Murphy there being no issue of
the contemplated marriage, then to the said
Margarett Jones and her heirs forever in fee
simple and upon this further trust, limitation
and condition that should the aforesaid
Alexander Murphy survive the said Margarett
Jones, that then and in that event on the
happening of the death of the said Alexander
Murphy the property as aforesaid described shall
be divided into two equal parts, one moiety or
half part to vest in the present children of the
said Alexander Murphy and in the survivor or the
survivors of them the last mentioned moiety or
half part, to be divided and distributed as that
the present residence of Mrs. Margarett Jones
with the Land attached thereto, shall go vest in
Batt Jones the eldest son of the said Margarett
and his heirs forever. And upon this further
condition and limitation that the said Alexander
Murphy shall, for and during the term of his
natural life, have the sole entire and exclusive
conduction, control and management of the
property aforesaid described, and the
disposition of the proceeds thereof; and upon
this further trust, limitation, use and
condition, that the aforementioned property with
the increase of the female slaves, shall not be
subject to or answerable, in satisfaction of any
debt or debts, contract or contracts obligation
or responsibility; heretofore entered into or
assumed by the said Alexander Murphy and upon
this further trust, limitation and condition,
that, upon the application in writing of the
said Alexander Murphy and the said Margarett,
the trustees aforesaid shall make a title of and
to any of the aforementioned property, to such
person or persons as they may designate, the
proceeds of the property so sold, to be vested
in other property subject to the same
limitations, uses, trusts and conditions, as are
herein before set forth and declared. In
testimony, whereof the said Margarett Jones and
the said Alexander Murphy have hereunto attached
their names and affixed their seals, the day and
year first before written. Margaret Jones, Alex.
Murphey
In presence of
G.M. Fowler
Tho. Moore Berrien Notary Publick
Georgia Burke County We Abraham Jones and
Jones W. Carswell the trustees in the aforegoing
marriage settlement mentioned do hereby consent
to accept the trust therein reposed in us
witness our hands and seals this ____ day of
____ 1844
Recorded June 6th 1844 |
