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Marriage Contract of A.T. Turner and Nancy J. Marsh [Burke County Deed Book 9.5, 1843-1847 pps. 273-275]  

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.