| State of Georgia
Richmond County
This Indenture of three parties made this
twentieth day of June, Eighteen Hundred and
Forty Three Between Rebecca B. Whitehead of the one part of
the County of Burke, Samuel P. Davis of the County of Bibb of
the Second part, and Charles E. Whitehead and
George H. Harris of the County of Burke, and all of the State of
Georgia of the Third part. Witnesseth, That
Whereas a marriage is intended soon to be
solemnized between the said Rebecca B. Whitehead
and Samuel P. Davis,
and whereas the said
Rebecca B. is seized and possessed in her
own right of the negro slaves hereinafter named,
and has due to her a large sum of money on
promissory notes, (which as now in possession of
her Guardian Samuel Dowse
and whereas it is desirable that a proper
settlement and provision should be made for the
said Rebecca B. and
any child or children she may have. - Now
therefore this indenture witnesseth, that in
consideration of the said contemplated marriage,
and in the further consideration of the sum of
ten dollars in hand well and truly paid by the
said party of the third part, to the said party
of the first part, the receipt whereof is hereby
acknowledged the said
Rebecca B. Whitehead (with the consent of
the said Samuel P. Davis) hath granted,
bargained, sold, and conveyed unto the said
Party of the third part; and by these presents
doth grant bargain sell and convey unto the said
party of the third part, and to the survivor of
them, and to such other trustee as may be
legally appointed the following negro slaves viz
Anarchy, Hetty, Starling,
Milboy, John, Peggy William, Moses, Mary Ann,
Phillis, Nancy, Lizzy, Toby, Little Toby, Jack,
Sylvia, Matthew, Bess, Melvina, Buck, Peggy,
Cora, Betty (or Bess) Florida, Moll, Sue, Ben,
Judy, Lydia, Molsey, Rodney, Sugar, Davy,
Charles, Clarinda, John, and their future
increase, in Trust and upon the limitations
hereinafter expressed; and it is also covenanted
and agreed by and between the parties, that the
Principal Sum of Ten Thousand Dollars of the
debts due on said notes, shall be placed in the
hands of the party of the third part, for the
purchase of a plantation, (with the approbation
and consent of the said
Rebecca B.and
Samuel), and the purchase of all the
necessary stock of every kind, and all the
necessary tools, utensils, implements, and
provisions for said plantation. The Titles to
the said plantation and stock, tools, utensils,
and provisions to be in trust and upon the
limitations herein stated. It is expressly
covenanted and agreed by and between the parties
that the said negroes and their future increase
and the ten thousand dollars until the said
purchase shall be made, which shall be made as
soon as it prudently can, and then, the
Plantation, and stock and other articles so
purchased, shall be held in Trust and upon the
limitations as follows viz. First - Until the said intended marriage
shall be duly solemnized, the said property and
that so purchased shall be for the sole use and
benefit of the said
Rebecca B. and her heirs, executors,
administrators, and assigns. Second - As soon as
the said marriage shall be duly solemnized then
the said property and that so purchased or to be
purchased shall be held in Trust for the joint
use of the said Rebecca B
Whitehead and
Samuel P. Davis during their joint lives:
and in case the said
Samuel P. Davis shall die before the said
Rebecca B. then the
said property to become absolutely vested in the
said Rebecca B. in
fee simple. - And should the said
Rebecca B die
before the said Samuel P.
Davisleaving a child or children or the
issue of children then and in that case the said
property viz the nett proceeds thereof to be
held in Trust, to and for the Joint use of the
said Samuel P. and
the said child or children, for their proper
support and education, until the eldest of said
children shall come to the age of twenty one
years or marry: then the said property to vest
in the said child or children their heirs,
executors, administrators and assigns equally to
be divided between them share and share alike;
and in case either child shall die before the
said period leaving any lawful issue the said
issue to stand in the place and stead of its
present, and in case the said
Rebecca B. shall
depart this life before the said
Samuel P. David
leaving no child nor children nor the issue
thereof then and in that event, the one half of
the said property is to vest in and become the
absolute property of the said
Samuel P. Davis his
heirs, executors, administrators, and assigns,
and the other half of said property is to vest
in and become the absolute property of, and be
equally divided between
Charles E. Whitehead, And
Maria E. Whitehead
(the brother and sister of the said
Rebecca B.) their
heirs, executors, administrators, and assigns.
It is further covenanted and agreed by and
between the parties that for and during the
joint lives of the said
Rebecca B. and
Samuel P. and in case the said
Samuel P.shall
survive the said Rebecca B.
she leaving a child or children, then during the
minority of the eldest child or till it shall
marry, the said Samuel P.
Davis shall have the management and
control of said property, unless he shall waste
and mismanage the same, then and in that case
his control shall cease. And also it is further
covenanted that in the event of any unhappy
disagreement between the said
Rebecca B. and
Samuel P. so that
they separate; then and in that event during
their separation the said property and the
income therefrom shall be taken in possession by
the said Trustees or their successors, and shall
be held in Trust for the sole and separate use
of the said Rebecca B.
her heirs, executors, administrators and
assigns. - It is further covenanted, that should
a sale or exchange of any portion of said
property be desired, it may take place by the
written consent of the parties in Interest, and
the proceeds from said sale to be vested in
other property, to be held in Trust and upon the
same limitations as are herein before specified.
And it is further covenanted and agreed that in
case it shall become necessary from death or any
other cause to appoint one or more Trustees to
execute the Trust herein expressed and confided,
that the same may be done, by the Deed of the
said Rebecca B. Whitehead
and Samuel P. Davis.
And should the said Samuel
P. refuse to join in said appointment
then by the sole deed of the said
Rebecca B. - And it
is further covenanted and agreed that the said
Samuel P. Davis
after the said marriage shall have been duly
solemnized, shall settle with and receive from
Samuel P. Dowse the
Guardian of the said
Rebecca B. - all the negroes before
mentioned, and all the notes and other evidences
of debt aforesaid, and all the property of what
ever nature which may belong to the said
Rebecca B. which
settlement and receipt from the said
Davis shall be a
full release and discharge to the said
Samuel Dowse
Guardian as aforesaid, from all further
liability as such and binding upon the parties
to this Instrument as if no marriage contract or
settlement had been made, or as if the said
Rebecca B. had been
before marriage, been of the full age of twenty
one years, and settled and receipted for the
same herself the said receipt to be reviewed at
the option of the said Guardian at any future
time after the said
Rebecca B. shall become of full age (if
it shall become necessary) by her joining in
with the said Davis
in such renewed receipt. -The said
Samuel P. Davis to
deliver over to the said party of the third part
a sufficient number of the said notes fully to
secure to them the aforesaid sum of ten thousand
dollars to be invested in a plantation etc. as
aforesaid. The said
Charles E. Whitehead and
George H. Harris to
covenant, that they will execute the Trusts and
limitations herein contained, and hold the said
property subject only thereto. In testimony
whereof the said parties have hereunto set their
hands and seals, the day and year first above
written.
Rebecca B. Whitehead,
S. Parish Davis, Chas. E. Whitehead, Geo. H.
Harris.
Signed, sealed and delivered in present of
Saml. Dowse, John Dowse.
Georgia
Richmond County
Personally came before me
John Dowse who
being duly sworn desposeth and saith that he saw
Rebecca B. Whitehead,
Samuel P. Davis, Charles E. Whitehead and
Geo. H. Harris,
sign, seal and deliver the within deed for the
purposes therein mentioned and that this
deponent subscribed the same as a witness and
saw Samuel Dowse do
so likewise.
John Dowse
Sworn to and subscribed before me this 20th
day of September eighteen hundred and forty
three. James Brandon Jr.
J.P.
State of Georgia
Richmond County
Clerk's Office Superior Court September 29th,
1843. Recorded in Book AA folio 443, 444, and
445 and examined.William
Phillips Deputy Clerk
Recorded January 31st 1844 |
