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State of Georgia
Burke County
This Indenture of three parts made and
entered into this the twenty third day of
January in the year of our Lord Eighteen Hundred
and forty seven between James Sikes of said
State and County of Richmond of the first part,
Gathara E. Shepard of the said State and County
of Burke of the second part, and John Lewis of
the said State and County of Burke of the third
part. Witnesseth that the said James Sikes for
and in consideration of a marriage to be had and
solemnized between him the said James Sikes of
the first part, and said Gathara E. Shepard of
the second part does for himself, his heirs,
executors, administrators and assigns, covenant,
grant, and agree that all that sum of money now
due the said Gathara E. Shepard by notes of hand
to wit one note of hand on William B. Shepard
for two hundred and twenty four 28/100 dollars,
one note of hand on said William J. Shepard for
twenty dollars now due, the note for two hundred
and twenty four 28/100 dollars as above due the
first day of January 1845, also the note of hand
on John Wallace for thirty dollars due the
second day of March 1844 and also forty five
dollars in cash or ready money now in the
possession of the said Gathara E. Shepard and
also all other property of whatsoever kind or
sort, which may at any time be given said
Gathara E. Shepard by her father, mother, or
other person by will or otherwise, shall form
and remain to be her separate property and
estate, and shall not in law or equity be
subject to the payment of the debts of the said
James Sikes, or be subject to be sold and
conveyed by him or otherwise disposed of, but
the right and title of said property shall be
vested in said John Lewis for the use and
benefit of said Gathara E. Shepard. And the said
James Sikes further covenants and agrees that
the said Gathara E. Shepard may dispose of the
said property by will to any person whom she may
in that way appoint or think proper subject
however to be used by said James Sikes and
Gathara E. Shepard his intended wife during the
continuance of their coverture as necessity may
require for the mutual benfit and advantage of
said James Sikes and Gathara E. Shepard, with
the consent and approbation of the said John
Lewis. And the said James Sikes and Gathara E.
Shepard nominate and appoint said John Lewis
trustee of said property who is authorized to
possess himself of and control said property in
any way he may deem most for the interest of the
said Gathara E. Shepard. And the said John Lewis
consents and agrees to his nomination and
appointment of Trustee for said property. In
testimony whereof the parties of the first
second and third parts, have hereunto set their
hands and affixed their seals the day and ate
first above written.
James Sikes
Gathara E. Shepard
John Lewis
Signed, Sealed and delivered
in presence of
W.B. Shepard
Drewry Corker J.P.
Recorded July 5th 1847 |