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State of Georgia
Burke County
This Indenture tripartite made and entered
into this thirteenth day of September in the
year of our Lord Eighteen Hundred and forty five
between Sarah Smith of the first part Travis
Gwilliams of the second part and Allen S.B.
Prior Trustee of and for the said Sarah Smith of
the third part all of the County and State
aforesaid. Witnesseth whereas by permission of
providence a marriage is contemplated to take
place soon between the said Sarah Smith and the
said Travis Gwilliams and the said Sarah Smith
being seized and possessed in her own right of
valuable property herein after mentioned now in
consideration of the premises the said Sarah
Smith by and with the full consent and
approbation of the said Travis Gwilliams which
is signified by his becoming a party to this
Indenture and for the further consideration of
five dollars to her in hand will and truly paid
by the said Allen L.B. Prior her Trustee at and
before sealing and delivering of these present,
and in the event that the said contemplated
marriage does take place doth hereby bargain
sell and convey and by these presents doth
transfer sell convey and confirm unto the said
Allen S.B. Prior and his heirs executors and
assigns the following property herein after
described and upon the following terms and
conditions hereinafter mentioned and expressed
of and concerning the same and no other to wit.
All that tract or parcel of land upon which the
said Sarah at present resides situate lying and
being in the County of Burke aforesaid
containing Five Hundred and forty six acres more
or less adjoining Augustus C. Baldwin Samuel
Dowse and others together with the appurtenances
thereunto belonging and remainders___ and rents,
issues and profits thereof also the following
negro slaves to wit Charles, Eliza, Kader, Aggy,
Dinah, Coney, Mary, Phillis, Louisa, Amandy,
Harriett, Mahaly, Betsey, Mariah, Aaron, Ellen
and John, together with the future issue and
increase of the said female slaves seven head of
horses and mules stock of various kinds
Plantation tools, and implements of every kind
and description Household and kitchen furniture
and any other property belonging to the said
Sarah not particularly enumerated and which is
upon her said plantation is hereby transferred
and conveyed upon the express trust and
condition that the said Sarah not withstanding
her coverture is to have the possession control
and custody of the said property and every part
and parcel thereof and is to take the use
receive and appropriate to here own use the
rents, hire, profits, crops and issues of the
same and every part and portion thereof as she
may deem fit and proper and as if she were sole
and unmarried, for and during the term of her
natural life and upon this further trust and
condition that for and during the term of the
natural life of the said Sarah she is to have
the sole use enjoyment and control of the said
property during her natural life aforesaid
uninterrupted by her said trustee or the said
Travis Gwilliams and during the time aforesaid
she is to have the right to appropriate to her
own use, the crops rents hire and profits of the
said property and every part and parcel thereof
in such manner as she may think fit and proper
without any restraint or control either by her
said trustee or the said Travis Gwilliams and
upon this further trust and considition that
from and after the death of the said Sarah the
one half of all the said property is to go to
and belong in fee simple to Caroline Pior the
wife of Allen S.B. Pior and her children that
may then be in life in fee simple, and the other
half shall go to and vest in such person or
persons as shall be entitled to the same by the
last will and testament of the said Sarah or by
her deed in writing of and concerning the same
should she make and execute any, and if not then
by operation of Law. And the said conveyance is
made upon this further trust and condition that
the said property herein before conveyed, nor
any part or parcel thereof, nor the rents issues
nor the profits or the increase thereof is never
to be subject to the contracts, debts control or
disposition of the said Travis Gwilliams, at any
time heretofore made or that hereafter may be
made or entered into by him of any kind or
nature whatsoever. And the said Allen S.B. Pior
Trustee as aforesaid covenants, and agrees that
he will exercise over the said property no other
or futher control than by the terms of this
Indenture and agreement and he is permitted to
do. And the said Travis Gwilliams also on his
part covenants and agrees that he will exercise
no further or other power or authority over the
said property herein before conveyed than he is
by this Indenture permitted to do.
In testimony the said parties have hereunto
set their hands and affixed their seals the day
andyear first above written.
Sarah Smith
Travis Gwilliams
Allen S.B. Pior
Signed Sealed and delivered
in presence of
Moses Walker
Noah Smith
Elam B. Lewis J.P.
Recorded 5th November 1845 |
