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State of Georgia
This indenture tripartate made and entered
into this first day of April in the year of our
Lord one thousand eight hundred and twenty two,
and of the Independence of the United States the
Forty Sixth Between William Schley of the County
of Jefferson and State aforesaid of the first
part and Eliza Sarah Hargrove, widow of the
County of Burke and State aforesaid of the
second part. And William H. Jackson and James
Jackson both of the County of Jefferson and
State aforesaid of the third part. Witnesseth
that whereas, the said Eliza Hargrove is seized
and possessed of a considerable estate both real
and person a schedule of which is hereunto
annexed and entered to form a part of these
presents. And whereas a marriage (with the
permission of God) to be had and solemnized
between the said William Schley and the said
Eliza Sarah Hargrove, it is concluded and agreed
upon between all the contracting parties, that
the said Eliza Sarah Hargrove, by and with the
full and free consent and approbation of the
said William Schley shall and by these presents
doth give grant bargain sell alien convey and
confirm for and in consideration of the
covenants herein contained and also in
consideration of one dollar to her in hand paid
at and before the sealing and delivery of these
presents the receipt whereof is hereby
acknowledged. All the property real and personal
in the schedule hereunto annexed contained unto
the said William H. Jackson and James Jackson
their heirs and assigns forever. To have and to
hold all the said property both real and
personal in said schedule hereunto annexed
contained unto the said William H. Jackson and
James Jackson their heirs and assigns forever to
such uses upon such trusts and to and for such
intents and purposes as are thereinafter
expressed mentioned and declared of and
concerning the same that is to say that the said
William H. Jackson and James Jackson their heirs
and assigns shall not the same and every part
and parcel thereof in trust for the use of the
said William Schley and Eliza Sarah Hargrove
jointly for and during the term of their natural
lives and to permit and suffer them the said
William Schley and Eliza Sarah Hargrove to have
the possession of all and singular the said
property real and personal and to receive use
and enjoy the rents, issues and profits of the
same in such manner as they may think fit and in
case of the death of the said William Schley
during the life time of the said Eliza Sarah
Hargrove then the said William H. Jackson and
James Jackson or either of them their or either
of their heirs, executors, administrators and
assigns shall immediately by proper deed and
other instruments in law in writing assign and
set over all and singular the said property both
real and personal in the same schedule hereunto
annexed contained with the increase thereof to
the said Eliza Sarah Hargrove her heirs and
assigns forever in fee simple and in case of the
said Eliza Sarah Hargrove should depart this
life during the lifetime of the said William
Schley leaving a child or children issue of the
said intermarriage behind her and the said child
or children should survive the said William
Schley then to such child or if more than one
then to such children and his her or their heirs
and assigns forever in fee simple as tenants in
common and not as joint tenants. And in case of
the death of the said Eliza Sarah Hargrove
leaving no child or children the issue of the
said intended marriage that then and in that
case the said William H. Jackson and James
Jackson or either of them their or either heirs
executor, administrators and assigns shall
immediately by proper deeds and other
instruments in writing good and valid in the law
assign and set over all and singular the said
property real and personal in the said schedule
hereunto annexed contained with the increase
thereof to the said William Schley his heirs and
assigns forever in fee simple, and in case it
should be the will of both the said William
Schley and Eliza Sarah Hargrove to sell or
dispose of any part of the said property real or
personal they agree by the same freely without
the consent of the said William H. Jackson or
James Jackson by writing under their hands or
under their hands and seals and the purchaser
shall hold the same paid off control on the part
of the said William H. Jackson and James Jackson
or either of them and the said William Schley
covenants on his part -- no more control nor to
intermeddle with the said property more then aby
the covenants of this deed he is authorized to
do and the said William H. Jackson and James
Jackson do covenant on their part for themselves
their heirs, executors, administrators and
assigns will and truly to perform and keep all
the covenants contained therein. In witness
whereof the parties to these presents have
hereunto interchangeably set their hands and
seals this day and year first above written.
Wm. Schley, Eliza Sarah Hargrove, Wm H.
Jackson, James Jackson
Signed sealed and delivered
in presence of us
Jesse Robinson,
Daniel McNeil J.P.
Recorded 19 March 1823
A schedule of the property real and personal
conveyed by virtue of the within deed and now
annexed thereto as a part of the said deed one
tract or parcel of Oak and hickory land situate
lying and being in the county of Burke on
Buckhead Creek originally a part of the real
estate of Genl. Abraham Jackson whereon Pleasant
W. Hargrove deceased lately resided containing
by estimation
Also two lots of land in the Town of
Louisville on the corner of Seventh and Walnut
Streets known in the plan of said town by the
numbers one hundred and ninety three (193) and
one hundred and ninety four (194) purchased by
P.W. Hargrove from Robert Fleming. Also the lot
in the town of Louisville lying on Seventh
Street adjoining the lott whereon Mr. Frasier
now lives and which was purchased by P.W.
Hargrove from David McCormick. Also the
following twenty five negroes to wit Davey and
his wife Polley and her child Jack, Eleazar,
Othallo, Charles, Prince, Cimon, Cettuce, and
her three children Clary Bob and Maude -- Phoebe
and her five children Stephen, Bowter, Joz,
Celia and Ned, Molly and her four children May
Peter, Croten and Sarah Silvia Lucy both old
women, the foregoing schedule was annexed to the
within deed at the time of the execution thereof
this 1st April 1822
Jesse Robinson , Daniel McNeil
Recorded with December 19th, 1823
Jefferson County. I Ebenezer Bothwell Clerk
of the Superior Court for the County and State
aforesaid do certify that the foregoing marriage
contract or deed with schedule of property
following said contract is a correct copy form
the Records of this Office Book K, folio 209,
210, & 21 given under my hand and seal of the
Superior Court of said County at office in
Louisville this 28 day of June 1847
Ebenezer Bothwell Clerk |
