Deed Records of R.S. Shepherd to E. Shepherd - Jefferson Co., AL ----------------------------------------------------------------------- USGENWEB NOTICE: In keeping with the USGenWeb policy of providing free information on the Internet, this data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other gain. Copying of the files within by non-commercial individuals and libraries is encouraged. ALGenWeb File Manager - Lygia Dawkins Cutts ----------------------------------------------------------------------- Deed Records of R.S. Shepherd to E. Shepherd - Jefferson Co., AL Tue, 16 Mar 1999 12:35:15 -0500 Contributed by Diane Bender Transcribed by Diane Bender, 3/14/99 DEED BOOK 11, PAGE 44-47, 4 Oct 1852: R. S. Shepherd to E. Shepherd This Indenture made and entered into this [blank] day of October in the year of our Lord one thousand eight hundred and fifty-two, between Robert S. Shepherd of the first part, Thomas M. Adkins Trustee of the second part and Elizabeth Shepherd wife of the said Robert S. Shepherd of the third part, all of the County of Jefferson and State of Alabama. Witnesseth that whereas the said Elizabeth S. Shepherd before and at the time of her Marriage with the said Robert S. Shepherd owned and possessed a large estate consisting of negro slaves and other property and effects which estate has since greatly increased the said Robert S. Shepherd at the time of the marriage aforesaid owned but property of any kind, and whereas it was the intention of the said Robert S. Shepherd & the said Elizabeth Shepherd before, at, and since the said Marriage that all her the said Elizabeth Shepherd's said Estate & its increase should be secured to her the said Elizabeth Shepherd free from any claim or claims on the part of him the said Robert S. Shepherd or any person or persons whomsoever claiming by or through him and this the said Robert S. Shepard promised the said Elizabeth Shepherd before and at the time of their said marriage and whereas the said Robert S. Shepherd as well in consideration of his said promise or of the natural love and affection he bears towards his wife Elizabeth Shepherd desiring to secure to her the said Elizabeth Shepherd all his estate both real & personal property and effects of every kind whatsoever free from any claim on the part of him the said Robert S. Shepherd or any person or persons whatever claiming by or through him saving only his present and existing creditors. Now therefore this Indenture witnesseth that the said Robert S. Shepherd for and in consideration of one dollar p45: to him in hand paid by the said Thomas M. Adkins at and before the sealing and delivery of of these presents, the receipt whereof is hereby acknowledged, hath given, granted, bargained, sold, aliened, conveyed and confirmed and conveyed and by these presents doth give, grant, bargain, sell and convey and confirm unto the said Thomas M. Adkins Trustee all his the said Robert S. Shepherd's real estate, the said real estate consisting of divers tracts of parcels of land amounting in all to about five hundred acres situate lying and being in the County and State aforesaid and described as follows to wit: the SW 1/4 and the SE 1/4 of the NW 1/4 and part of the West half of the SE 1/4, E 1/4 SE 1/4 Section 10 Township 18 Range 1 West and Section 2 Township 18 or 1 W and the NE 1/4 of Sec 15 Townships 18 range 1W, less one hundred and twenty two acres sold to William J. McDanal and Section 15 Townships 18 or 1W together with all and singular the tenements and hereditaments and appurtenances there unto belonging or in any wise appertaining and also all the estate, right, title, interest, property, possession, claim and deveand[?] whatsoever as will at law arise equity of the said Robert S. Shepherd of as to the above described real estate and every part and parcel thereof with the appurtenances, also sixty seven negro slaves named and described as follows, to wit: Crawford, Tom, Cager (Cazer?), Fortin, George, Willis, Bill, Isaac, Len [Leu?], Warrin, Susan (?), Amy?, Polly, Ally and her eight children namely Rewh____, Peter, Moses, Crawford, Hudson, Mardie?, Rachael and Judy, Dinah and her eight children, namely Ruthy, Permilia, Nancy, Amy?, Betsey, Andrew, John and Leroy, Molly & her five children, namely Alferd, Joe, Nat, Warner, and Sunathy[?], Fany, and her four children namely Becky? Joseph? Mary? and Caroline, Liza and her ___ children, namely Martha, Henry, M____, Normand, Bill, Martha and her three children, namely Nancy, _____ and Margaret, Phebe and four children namely, Heam, Nancy, Mandy and Lathy, Nancy and her four children namely Nicholas, Unity, Ellen and Jane. Abeanir children namely Mahaly, Lucy, Ellis, James and Willis, also two wagons, one carriage, one gin and thrasing machine, five mules four horses also all the hogs and cattle belonging to said Robert S. Shepherd, also all the Farming Carpenter and Blacksmith tools and also all the dwelling house and kitchen furniture and Cooking utensils which the said Robert S. Shepherd ownes and all the other property as effects of whatever name or kind to which the said Robert S. Shepherd is entitled. To have and to hold all and singular the above mentioned and described parcels or tracts or parcels of land together with the appurtenances and all the above-mentioned and described negro slaves and their increase and other personal property unto the said Thomas M. Adkins Trusee his successors and assigns in trust however and to have for the several uses, intents, and purposes hereinafter mentioned namely, to have and to hold the same together with all the increase issues, increase and profits arising therefrom upon the trust and to and for the intents and purposes herein after mentioned and expressed, that is to say upon trust and for the intents and purposes. 1st. To have and to hold the same with all the increase thereof, issues, profits and increase thereof, after from the said Robert paying all debts now due from the said Robt. S. Shepherd to the sold separate and exclusive use benefit and behoof of the said Elizabeth Shepherd, so that the said Robert S. Shepherd shall not have the power to sell, given, mortgage or otherwise dispose of the same or any thereof. 2nd, that the said Thomas M. Adkins shall permit the said Elizabeth Shepherd to have and retain p47: the possession of the all the estate both real and personal herein granted and conveyed together with the increase, issue, profits and increase thereof, and permit the said Elizabeth to sell, devise or dispose of the same or any part thereof to and for their ends interests and purposes as the the said Elizabeth notwithstanding her Coventure shall, by any deed will or other writing under her name, and seal order direct or appoint and in default of her making, any such deed, will or other writing then all the said estate both real and personal herein before granted and conveyed with all the increase, issues, profits and increase thereof. To have and to hold to the said Thomas M. Adkins to the _____ of the legal heirs of the said Elizabeth Shepherd. 3rd, to permit the said Elizabeth Shepherd by her deed in writing to make appoint and constitute any suitable person or persons whom she shall select her true and lawful agent and attorney for her and in her name and stead to receive manage and control the aforesaid lands, slaves, property and other effects, herein and hereby intended to be secured to the sole and separate benefit and behoof of the said Elizabeth and her heirs. In Testimony whereof we have hereunto set our names and affixed our seals this day and year above written. Attest R. S. Shepherd {seal} John C. White T. M. Adkins {seal} S. W. White Elizabeth Shepherd {seal} State of Alabama, Jefferson County Personally appeared before me James K. Byers a Justice of the Peace in and for said County Robert S. Shepherd, Thomas M. Adkins, and Elizabeth Shepherd who severally acknowledge ___ their legend & Seal and delivered the above named deed for the intent and purpose therein contained. Give under on this 6th day of October 1852. Given my hand and seal. James K. Byers {seal} Justice of the Peace DEED BOOK 11, PAGES 48-49, 5 Oct 1852: E. Shepherd to R. S. Shepherd Know all men by these presents, that I Elizabeth Shepherd of the County of Jefferson and State of Alabama have made constituted and appointed and do by these presents make constitute and appoint Robert S. Shepherd my husband, my true and lawful attorney, for me and in my name to have the full management and control my plantation, slaves, money, crop and other property or effects of every name and kind and so to use manage and control the same as he may deem best for my interest, giving and granting by these presents unto my said attorney full power and authority to do all and every necessary act or acts, thing or things, in and about the premises for me and in my name, hereby notifying and confirming all the acts of my said attorney may lawfully do in and about the premises by authority and virtue hereof. In Testimony whereof I have hereunto set my name and affixed my seal this 5th day of October A.D. 1852. Attest: Elizabeth Shepherd {seal} T. M. Adkins James K. Byers State of Alabama, Jefferson County Personally appeared before me James K. Byers a Justice of the Peace for said County Elizabeth Shepherd who acknowledged that she signed sealed and delivered the foregoing power of attorney for the purposes therein contained. Given under my hand and seal this 5th day of October. James K. Byers {seal}, Justice of the Peace Filed for registration on the 8th day of October 1852 and on the 18th day of November in the same year duly entered Book number 11 pages 48 & 49. J. Bagley, Judge of Probate 1 1