State of Georgia

Burke County

This Indenture tripartite made the twenty sixth day of November in the year of our Lord one thousand eight hundred and forty four Between Edward Samons of the County of and State aforesaid of the first part, Frances Wimberly of the County and State first aforesaid of the second part and Lewis Wimberly of the County and State first aforesaid of the third part Trustee for and behalf of the said Edward Samons and Frances Wimberly. Whereas by permission of Almighty God, a marriage is shortly to be solemnized between the aforesaid Edward Samons and Frances Wimberly, the parties of the first and second part, and whereas the said Frances Wimberly is possessed of and entitled unto two certain negro slaves, which the said Edward Samons and the said Frances Wimberly have consented and agreed by and between themselves, that they shall be secured to her the said Frances Wimberly by marriage contract. Now this Indenture witnesseth that the said Frances Wimberly by and with the consent of the said Edward Samons, which is confirmed by the evidence of his signature to these presents, and the said Edward Samons, for himself and for and in consideration of the aforesaid intended marriage and for the further consideration of the sum of ten dollars to them in hand paid by the said Lewis Wimberly Trustee as aforesaid, party of the third part at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath bargained, sold, aliened, conveyed and confirmed and by virtue of these presents doth bargain, sell, alien convey, and confirm unto the aforesaid Lewis Wimberly trustee as aforesaid, Party of the third part, and to his successor in the trust aforesaid, the following described two negroe slaves, with the future issue and increase of the female slaves, to wit Milley, a girl about fourteen years of age, and Peter a boy about fourteen years of age upon the following trust; use limitation and consideration whatsoever viz, to the joint use of the said Edward Samons and the said Frances Wimberly, for and during the term of their natural lives, and upon the demise of the said Edward Samons or the said Frances Wimberly, then in trust as aforesaid to the survivor of them, for and during the term of the natural life of such survivor, and upon the happening of the death of said survivor then to the children of the said Edward Samons and the said Frances Wimberly, the fruits of the marriage so as aforesaid shortly to be solemnized, share and share alike, and upon this further condition, should any of the children of the said Edward Samons and Frances Wimberly depart this life before the demise said Edward and Frances leaving issue or children, then and in that case the grand child or grand children of the said Edward and Frances shall be entitled to the same lot share or portion of said estate to which their deceased parent would have been entitled, had they been in life -- And upon this further trust limitation and condition, that neither the principal property herein before set forth, nor the proceeds thereof or the increase thereof, shall be in any wise or manner subject to or liable for the payment or satisfaction of any debt, obligation, contract or judgement heretofore existing or hereafter to be contracted or entered into by the said Edward Samons. And upon this further trust limitation and condition, that if at any time herof to it should be deemed expedient to dispose of alien or convey any or either of the aforesaid property that then and in that case the aforesaid Trustee shall in his discretion, alien and dispose of and convey the same, by and with the written consent of the said Edward Samons and the said Frances Wimberly or the survivor of them being first had and obtained and the proceeds of the property so sold aliened and disposed of shall be vested in other property at the discretion aforesaid which when purchased shall be subject and liable to all the uses trusts and limitations and conditions, which are in this indenture herein before set forth-- And lastly it is consented stipulated and agreed that in the event or happening of the death or demise of the said Edward Samons or the said Frances Wimberly, leaving no child or children, or issue of chld or children, the fruit of said intended marriage that, then and in that case or event the property herein before set forth and described, shall vest in and become the property of the survivor - to be by him or her disposed of by will deed or otherwise as him or her survivor as aforesaid may designate.

In testimony whereof the parties, have hereunto attached their names and affixed their seals, the day and year first before written.

Edward E. Salmons

Frances Wimberley

Lewis Wimberley

In presence of

Vincent W. Fulcher

Richard N. McElmurray

Georgia

Burke County

Personally came before me Richard McElmurray who being duly sworn deposeth and saith that he saw Edwin E. Salmons and Frances Wimberly and Lewis Wimberley sign seal and deliver the within Deed for the purposes therein mentioned and that the deponent subscribed the same as a witness and saw Vincent W. Fulcher do so likewise.

Sworn to and subscribed before }

me this 8^th Day of January 1845 } >Richard McElmurray

Thomas Cosnahan J.P. }

Recorded 6^th February 1845