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State of Georgia
Burke County
This Indenture tripartite, made the Seventh
Day of November in the year of our Lord, One
Thousand Eight Hundred and forty four between
John McKinne Junior of the County of Richmond
and said State of the first part, Marie E.
Whitehead of the County of Burke of the second
part, and Charles Whitehead and Thomas Moore
Berrien of said County and State aforesaid
Trustees for and in the behalf of the said Marie
E. Whitehead of the Third part. Whereas by
permission of Almighty God a marriage is shortly
to be had and solemnized between the aforesaid
John McKinne Junior and the said Marie E.
Whitehead, the parties of this first and of the
second part, and whereas the said Maria E.
Whitehead is possessed of and entitled unto a
considerable property, consisting of Land
Negroes and plantation stock of various kinds,
and of assets, consisting of money notes Bank
stock cash in the hands of her present guardian
Samuel Dowse, and whereas the said John McKinne
Junior and the said Marie E. Whitehead, have
consented and agreed by and between themselves
that the aforesaid Lands and Negroes and
plantation stock and tools of all kinds, and a
portion of the assets so as aforesaid set forth
to be in the hands of her present Guardian,
shall be secured to her the said Marie E.
Whitehead by marriage contract. Now this
indenture witnesseth that the said Maria E.
Whitehead, by and with the advice and consent of
the said John McKinne Junior which is confirmed
by the evidence of his signature to these
presents, and the said John McKinne Junior for
himself and for and in consideration of the
aforesaid intended marriage and for the further
consideration of the sum of Ten Dollars to them
in hand paid by the trustees of aforesaid
parties of the third part, at or before the
sealing and delivery of these presents, the
receipt whereof is hereby acknowledged hath
bargained sold, aliened conveyed and confirmed
and by virtue of these presents doth bargain,
sell, alien, convey and confirm, unto the
aforesaid Charles Whitehead and Thomas Moore
Berrien trustees as aforesaid and parties of the
third part, and to the successors in the trust
as aforesaid, the following described property,
real and personal viz. One moiety or half part
of a lot or parcel of land the other moiety
belonging to Rebecca Davis situate lying and
being in the County of Burke known as the Sandy
Hill Plantation or tract of land and now in the
occupancy and cultivated by the said Maria E.
Whitehead together with the appurtenances
thereunto belonging or in any wise appertaining,
together with the stock of horses and mules, the
stock of hogs and cattle of all kinds and
description and all the plantation tools and
utensils thereunto belonging together with the
following Negro slaves, and the future issues
and increase of the female slaves Dinah, Henry,
Solomon, Daniel, Jacob, Dick Musalina, Sarah,
Jesse, Robert, Frank, Elsey, Diana, Esther,
Aaron, Linsey, Maria, Cuffee, Abraham, Phoebe,
Wilson, Coma, Buck(?), Amelia, Ginney, Martha,
Samuel, Boston, Hannah and Joe, upon the
following trusts, uses, limitations and
conditions, and upon no other trust, use
limitation or condition whatsoever viz to the
joint use of the said John McKinne Junior and
the said Maria E. Whitehead for and during the
term of their natural lives, and upon the demise
of the said John McKinne Junior, or the said
Maria E. Whitehead, then in trust as aforesaid
to the survivor of them, for and during the term
of the natural life of such survivor, and upon
the happening of the death of said survivor,
then to the children of the said John McKinne
Junior and the said Maria E. Whitehead, the
fruits of the marriage, so as aforesaid shortly
to be solemnized, share and share alike, and
upon this further condition should any of the
children of the said John and Maria E. depart
this life before the demise of the said John and
Maria E. leaving issue or children, then and in
that case, the grand child or children of the
said John and Maria E. shall be entitled to the
same lot, share or portion of said estate to
which their deceased parcel would have been
entitled, had they been in life -- and upon the
further trust limitation and condition that
neither the principal property herein before set
forth and described, worth the proceeds or the
increase thereof shall be in any wise of manner,
subject to or liable for the payment or
satisfaction of any debt, obligation, contract
or judgment heretofore existing or hereafter to
be contracted or entered into by the said John
McKine Junior -- and upon this further trust
limitation and condition that if at any time
hereafter, it should be deemed expedient to
dispose of alien, or convey any part or portion
or the entirety of the aforesaid property that
then and in that case the aforesaid trustees and
their as aforesaid may in their discretion,
alien dispose of and convey the same, by and
with the written consent of the said John
McKinne Junior and the said Maria E. Whitehead
or the survivor of them being first had and
obtained, but it is expressly stipulated and
enjoined by these presents that the entire
proceeds of the property be sold aliened and
disposed of shall be vested in other property,
at the discretion aforesaid which when purchased
shall be subject and liable to all the uses
trusts limitations, and conditions, which are in
this Indenture herein before set forth and
declared, and it is further stipulated and
agreed to between the aforesaid parties of the
first and of the second part, that the sum of
Fifteen Thousand Dollars, being a part or
portion of the assetts of the said Maria E.
consisting of notes in the hands of the present
guardian of the said Maria be passed in trust as
aforesaid, to the Trustees aforesaid of the said
Maria E. Whitehead, which shall be vested in
Lands and Negroes, or lands or Negroes, or in
such other property as the said John McKinne
Junior and the said Maria E. Whitehead and the
trustees aforesaid may in their judgement deem
to be most advantageous to the interests of the
parties of the first and second part; which said
property so as aforesaid to be purchased shall
when purchased as aforedsaid, be subject and
liable to and secured by all the trusts, uses,
limitations and conditions to which the property
herein before set forth and described is liable
to and secured by. And lastly, it is consented
stipulated and covenanted that in the event or
happening of the death or demise of the said
John McKinne Junior and the said Marie E.
Whitehead, leaving no child or children, or
issue of child or children the fruit of said
intended marriage, that then and in that case or
event, our moiety or half part of the property
real and personal herein before set forth and
described shall vest and abide in such person or
persons as may be by the said John McKinne
designated, by will or otherwise, and upon such
terms as the said John McKinne may in said
instrument declare and the remaining moiety or
half part of the aforesaid property in trust as
aforesaid conveyed, shall be vested and remain
in the next of kin and heirs at Law of the said
Maria E. Whitehead, in fee simple forever.
In testimony whereof the parties of the first
and second part, have hereunto attached their
names and affixed their seals, the day and year
first before written.
Maria E. Whitehead
Jno. McKinne Jr.
In presence of
S. Parrish Davis
John Dower
Georgia
Burke County
The undersigned Trustees named and appointed
in the aforegoing contract or marriage
settlement, between John McKinne Junior and
Maria E. Whitehead, do hereby accept the trust
confided to them. Witness our hands and seals,
this seventh day of November 1844. In presence
of Sam Farrish Davis, John Dower, Chas.
Whitehead, Tho Moore Berrian.
Georgia
Burke County
Personally apeared Samuel Parish Davis who
being sworn saith that he was present and did
see Maria E. Whitehead and John McKinne Junior
sign the aforegoing marriage settlement, and
Charles Whitehead and Tho Moore Berrien sign the
acceptance of the Trust, and that John Dowse
signed the same as a witness thereto, that the
aforegoing was signed by the aforesaid parties,
in presence of the witnesses who signed the same
in presence of the parties of each other.
Sam Parrish Davis
Sworn to before me
this 10th Dec 1844
John A. Roberts J.P.
Recorded 11 December 1844 |
