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State of Georgia
Burke County
This Indenture made and entered into this
Twenty Eighth day of November in the year of our
Lord One Thousand Eight Hundred and forty four
between A.T. Turner of the County of Jefferson
and State aforesaid of the first part Nancy J.
Marsh of the county of Burke and State aforesaid
of the second part and John S. Pressly of the
County of Burke and State aforesaid Trustee of
the said Nancy J. Marsh of the Third. Witnesseth
that whereas the said Nancy J. Marsh is
possessed of and entitled unto the following
property to wit and where a marriage is intended
to be solemnized by the permission of God
between the said A.T. Turner and Nancy J. Marsh
and in view thereof it has been concluded and
agreed upon between all the parties to this
Indenture that the said Nancy J. Marsh may and
shall convey her property to Trustees in such
manner and to and for such uses. Now therefore
the said Nancy J. Marsh by and with the full and
free consent and approbation of the said A.T.
Turner which is manifested and declared by his
signing this Deed for and in consideration of
the covenants herein contained and for the sum
of one Dollar to her in hand paid at and before
the sealing and delivery of these presents the
receipt whereof is hereby acknowledged hath
granted, bargained sold aliened and conveyed and
confirmed and does by these presents grant
bargain sell alien and convey and confirm unto
the said John S. Pressly trustee as aforesaid
and the survivor of them and their heirs,
executors and administrators of such survivor
the following tract or parcel of land containing
sixty one acres lying and being in the County of
Burke and State aforesaid adjoining Simon Ruff
John Rollins Junr. And others on the waters of
Carters Branch To Have and to hold the said
tract of Land herein before described unto the
said John S. Pressly and the survivor of them
and the Executors and administrators of such
survivor in fee simple forever to such uses and
upon such trust and to and for such intents and
purposes as are herein after expressed mentioned
and declared of and concerning the same that is
to say that they the said John S. Pressly
Trustee as aforesaid and the survivor of them
and the Executors and Administrators of such
survivor shall and will hold the said tract of
land before mentioned and the future produce of
the same and every part and parcel thereof, in
Trust for the use of the said A.T. Turner and
Nancy J. Marsh jointly for and during the term
of their natural lives and permit and suffer
them to have the possession of the said Tract of
and to receive use and enjoy the profits and
income of the said Tract of Land and that the
said Trustee shall and will permit the said A.T.
Turner to have possession control use and manage
the said Tract of Land conformably to the
provisions of this Indenture and to appropriate
and dispose of the annual rents, profits, and
increase thereof without accountability so long
as he shall will and sufficiently support
maintain and provide for the said Nancy J. Marsh
and her children and shall abstain from all
waste and destruction of the crops of said
Estate and no longer And in the event of the
said Nancy J. Marsh dying before the said A.T.
Turner and leaving in life child or chldren then
in Trust for the said John S. Pressly with like
priviledges and immunities as aforesaid during
his natural life and after his death for the
child or children of the said Nancy J. Marsh him
surviving equally divided among them (if more
than one) share and share alike. And in the
event of the said A.T. Turner dying before the
said Nancy J. Marsh and leaving child or
children born or to be born of said marriage
then in trust for the said Nancy J. Marsh with
the like priviledges and immunities to her as
are herein before secured to the said Nancy J.
Marsh during her natural life and after her
death for her child or children her surviving of
whatever name and if more than one to be equally
divided between them share and share alike And
upon this further Trust and limitation that in
the event of the said A.T. Turner or the said
Nancy J. Marsh having survived the other and
there being at any time thereafter no child or
children of said marriage living and none to be
born then this Indenture shall cease and be void
to all intents and purposes and all the trust
hereby sealed shall determine and the property
hereby treated of shall vest in such survivor
absolutely. And upon this further trust and
condition that any part or the whole of the
property at any time held in Trust by virtue
presents may be sold and disposed of Provided
that the acting Trustee and the said A.T. Turner
and the said Nancy J. Marsh or the survivor of
them shall join in a Deed or Bill of Sale for
that purpose and provided also that the proceeds
of such sale shall be received by such Trustee
and invested in such other property real or
personal as may be deemed adviseable in the name
of such trustee which shall be subject in all
respects to the Trusts, limitations, conditions,
provisions, uses and purposes herein embraced
and declared. And upon further limitation and
condition that if at any time hereafter this
Trust shall become vacant by the death
relinquishment or removal from the State of the
Acting Trustee the said Nancy J. Marsh may if
she shall so choose fill such vacancy by her own
deed of appointment or the same may be filled by
application to the proper Judicial Tribunial --
And upon this further express Trust and
condition that no part of the property hereby
conveyed or that may at any time be held under
and by virtue of these presents shall by subject
to or in any way liable for the payment of any
debts contracts or engagements of the said A.T.
Turner now existing or hereafter to be
contracted. And furthermore the said A.T. Turner
hereby covenants and agrees hereafter to make
and execute all such good and sufficient
conveyances in Law unto the Trustee for the time
being as may be requisite to carry unto full and
complete effect the true intent and meaning of
these presnts. In testimony whereof the said
parties have hereunto set their hands and
affixed their seals on the day and year above
written..
[signed] Nancy J. Marsh, Alexander T. Turner,
John S. Pressly
Signed Sealed and delivered
in presence of
Samuel S. Oates
Martha J.S. Pressly
Georgia
Burke County
Personally came before me Samuel S. Oates who
being duly sworn deposeth and saith that he saw
N.J. Marsh and A.T. Turner and John S. Pressly
sign seal and deliver the above Deed for the
purposes therein mentioned and that the Deponent
subscribed the same as a witness and saw Martha
J.S. Pressly do so likewise.
Samuel S. Oates
Sworn to and subscribed before me this
Thirthieth day of November Eighteen Hundred and
forty four
F.G. Lewis J.P. |