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State of Georgia
Burke County
This Indenture made this twenty ninth day of
October in the year of our Lord One thousand
eight hundred and forty two between
Thomas Sousby of
the County of Richmond of the first part, and
Ann or
Nancy Mulkey of the
County of Burke of the second part and
Isaac Mulkey and
Homer V. Mulkey as trustees of the said
Ann or
Nancy Mulkey of the
third part, of the said County of Burke, and all
of the State of Georgia aforesaid. Witnesseth
whereas by the permission of Providence a
marriage is about to be solemnized between the
aforesaid parties of the first and second part,
and whereas the said Nancy
the party of the second part is at
present entitled in her own right, to three
Negro Slaves to be herein after named and
whereas the said Nancy
will probably hereafter derive property
by inheritance or otherwise, from her father or
others, and whereas the said
Thomas Sousby the
part of the first part is disposed to secure the
property as aforesaid in possession, and
herafter as aforesaid to be derived. Now this
indenture witnesseth that the said
Thomas Sousby, the
party of the first part, for and in
consideration of the marriage contract about to
be solemnized and entered into and for the
further consideration of one dollar to him in
hand paid by the said
Isaac Mulkey and the said
Homer V. Mulkey
parties of the third part and trustees as
aforesaid hath ganted, bargained, aliened sold
and conveyed, unto the said
Isaac Mulkey and
Homer V. in trust
as aforesaid, and to them and their heirs
executors and assigns the following negro slaves
viz Mary a negro
woman slave about eighteen years old.
Daniel a negro boy
about fourteen years old, and
Hetty a negro girl
about twelve years old with the issue of the
female slaves which said property now belongs to
the said Nancy,
together with all other property in possession
or in action whether real or personal which may
come to be derived by the said
Nancy, by
inheritance or otherwise from her father or from
any person subject to the provisions
stipulations and conditions following viz. In
trust to the said Isaac
and Homer V. for
the use of the said Thomas
Sousby and the said
Nancy Mulkey for and during the term of
their joint lives and for and during the life of
the survivor of them to their separate use,
subject however to no debt obligation or
contract heretofore entered into by the said
Thomas Sousby, the
party of the first part, and subject also to the
following condition that upon the death of the
survivor of the said
Thomas, or Nancy,
the aforesaid property is to be divided equally
between the children of the said
Thomas and the said
Nancy, by them in
marriage to be begotten, and in the event of the
failure of children so as as aforesaid to be
begotten then to the said survivor of the said
Thomas and
Nancy and their
heirs forever - And it is further stipulated,
that if any one or more of the children of the
said Thomas and
Nancy depart this
life before the survivor the said
Thomas or
Nancy that then the
child or children of the said departed child
shall receive that portion of said property, to
which its parent would have been entitled unto,
had it been living. In testimony whereof the
parties have herunto attached their names and
seal the day and year first before written.
Thomas Sousby
Nancy Mulkey
In presence of
Freeman Mulkey
Enoch Mulkey
John B. Gordon J.P.
Georgia
Burke County
We Isaac Mulkey
and Homer V. Mulkey
the trustees named in the aforegoing trust deed
or marriage settlement do have, agree to take
upon us and faithfully to execute the trust
reposed in us witness our hands and seals this
29th October 1842.
Isaac Mulkey
Homer V. Mulkey.
In presence of
Freeman Mulkey
Enoch Mulkey
John B. Gordon
J.P.
Recorded 10 April 1844 |
