|
State of Georgia
Burke County
This Indenture tripartite had made concluded
and executed this seventeenth day of February in
the year of our Lord one thousand eight hundred
and forty six in the County aforesaid between
Mary Lester/ widow of the first part and Josiah
Moore of the second part and John W. Carswell
trustee of the said Mary Lester of the third
part all of the said County and State.
Witnesseth Whereas by divine permission a
marriage is about to be had and solemnized
between the said Josiah Moore and the said Mary
Lester and whereas Mary Lester is posessed of
and entitled unto a considerable property the
same being the moietyor one half of the
undivided Estate of Ezekiel Lester deceased
consisting of land, Negroes, and Money household
and kitchen furniture plantation tools and stock
of all kinds, necessary for a plantation as will
more fully appear by and Inventory and
Appraisement returned by the Administrator of
Ezekiel Lester decd. and a _______ of the said
Mary Lester all of which is of record in the
Clerks Office of the County aforesaid. And
whereas the said Josiah Moore desirous that the
property aforesaid shall be secured in trust to
the comfort maintainance and enjoyment of the
said Mary Lester under such limitations and
conditions as shall be herein after expressed
[and] contained. Now this Indenture witnesseth
that the said Mary Lester by and with the
consent of the said Josiah Moore which is
offered by his signature to this Instrument for
and in consideration of the marriage as
aforesaid to be had and solemnized between the
said Josiah and Mary and for the further
consideration of the sum of Ten Dollars then in
hand paid by the Trustee as aforesaid hath
alienated conveyed confirmed and by these
presents doth alien convey and confirm unto the
said John W. Carswell Trustee as aforesaid and
to his heirs and assigns all property both real
and personal in possession or in action as
foresaid described for and upon the users 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 Josiah Moore and the said Mary Lester for
and during the term of their natural lives. And
upon this further trust limitation and condition
that the said Mary Lester reserves to herself
the right to dispose of the whole of the
property as herein before described by will or
otherwise in any manner to any person or persons
whomsoever (notwithstanding her coverture) and
upon this further condition and limitation that
the said Josiah Moore shall for and during the
term of the natural life of said Mary Lester
(should he the said Josiah survive the said
Mary) have the sole and exclusive conduction
control and management of the property aforesaid
described and the disposition of the proceeds
thereof and upon this further trust limitation
and condition that the aforementioned property
with the increase of the negroes and the money
shall not be subject to or answerable in
satisfaction of any debt or debts, contract or
contracts, obligation or responsibility
heretofore entered into or herafter to be
entered into or assumed by the said Josiah Moore
and upon this further condition that no charge
whatever shall be made by the said Josiah Moore
for the maintenance of Rufus Lester, a minor and
son of the said Mary Lester during his minority
so long as he remains in the house with the said
Josiah Moore the right of so doing the said Mary
Lester reserves for him the said minor and upon
this further limitation and trust that upon the
application in writing of the said Josiah Moore
and Mary Lester the trustee aforesaid shall make
a title of and to any of the aforementioned
property to any person or persons they may
designate the proceeds of the property so sold
to be vested in other property subject to the
same limitations and trusts and conditions as
are herein before set forth and declared and
upon this further limitation and trust that any
property purchased with the money now in
possession of the said Mary Lester shall be
subject to the same limitations trusts and
conditions as are herein set forth and declared
- the words "notwithstanding her coverture
inter___before assigning.
In testimony whereof the said Mary Lester and
Josiah Moore hath hereunto subscribe their names
and affixed their seals this day and year first
above written.
Mary Lester
Josiah Moore
Signed and sealed in presence
Of
Julian Ann Warnoch
Drury Corker J.P.
Recorded 14th April 1846 |
