Pike County AlArchives Deed.....Jones, Joseph Sr. to Descendants October 14, 1859 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Carol Macchia cdmjeep@troycable.net September 20, 2005, 12:46 pm Deed of Gift and Deed of Trust Written: October 14, 1859 STATE OF ALABAMA COUNTY OF PIKE Know all men by these presents, that I Joseph Jones Sr. of said County, in consideration of the natural love and affection, which I have for the grantees hereinafter mentioned, of my desire to secure to my descendants the property I have amassed, so far as I can do so, consistently with the law, and for the further consideration of one dollar to me in hand paid, by the said grantees, receipt whereof I hereby acknowledge, do give, grant, bargain, sell, convey, and confirm to my sons, Seaborn Jones, Raliegh, Freeman Jones, Pressley Jones, and William Jones, and to my daughter Nancy Ballard, wife of Benjamin R. Ballard, and also the heirs at law of my deceased sons, Wiley Jones and Joseph Jones and also the heirs of my deceased daughters, Elizabeth Gladwell, who was the wife of Archibald Gladwell deceased, Cynthia Cheatham, who was the wife of Isham Cheatham, Jane Ward who was the wife of Richard Ward deceased, and Ann Stewart, who was the wife of Charles Stewart, the following lands lying in said county, to wit, The South east quarter of the south west quarter of section 4 The North east quarter of section 9 The west half of the north east quarter of section 16 and 26 acres, more or less, of the north east quarter, of the north east quarter of section 9: fourteen acres more or less or said last mentioned 40, having been heretofore sold by me to Daniel Carr, all said land in township 9 of range 21. In all containing 306 acres more or less. And also the following slaves, now in my possession, to wit, Nat, a man slave aged about 60 years, and his wife Nancy, a woman slave about 40 years and the following children of said Nancy, to wit, Ephriam, a boy slave about 22 years of age, Mary, a girl slave about nineteen years of age, Fanny, a girl slave about seventeen years of age, Tabby, a girl slave about sixteen years of age, Sarah, a girl slave about fifteen years of age, Sinai, a girl slave about fourteen years of age, Peter, a boy slave about eleven years of age, Daniel, a boy slave about ten years of age, Hannah, a girl slave about eight years of age, Ann, a girl slave about seven years of age, Henry, a boy slave about six years of age, George, a boy slave about four years of age, and Nat, a boy slave about one year of age, Also Cherry, a woman slave about fifty two years of age and Allen a man slave about fifty two years of age; also two children of said slave girl Mary, to wit, Henry, a boy slave two years old and Martha Ann, a girl slave about four months old. Also all my plantation stock and farming utensils, household and kitchen furniture of every kind and description, embracing cattle, hogs, sheep, goats, horses, mules, fowles, and every species of personal property I have or own, excepting alone my crop for the present year, and such debts as are due and owing to me, and such money as I have on hand. To have and to hold said property, to themselves, and their heirs and assigns forever. In as much as the descendents of all my said deceased children are very numerous, and scattered through many states, most of whom are unknown to me, and because by consequences thereof, I can not name every particular grantee, and specify the particular interest hereby convey to each, and yet desire to make a fair and equitable distribution of my property aforesaid, amongst them all I hereby declare that such and only are intended to take, under this conveyance, as would be legally entitled to distribution of my estate unconveyed, if I were to die contemporaneously with the execution of this conveyance; that such are hereby intended to take an interest in said property, as he would take in case of my intestacy, by distribution, if I died without executing this conveyance at the time it is in fact, and without any reference to my widow, should I have one: To make my intentions plain. Let it be understood that the foregoing property, by this deed of gift, is conveyed to, In addition to my living children above named, who are to take an equal interest therein, Such of the descendants of my said deceased children as would be entitled to distribution of my estate, in the event of my death, without executing this conveyance, intestate, at the time when in fact I will execute it, to each in equal degree, an equal interest, my desire being, by this deed to distribute my property to my children or their descendants, in my lifetime precisely as the law would distribute it if I died at the time of its execution, without executing it and leaving no widow. But it is expressely understood that the conveyance of the lands above named is made subject to the claim of my wife Ann. -----if she survives me. It is further expressedly, understood that this conveyance is to operate as a deed of gift, conveying the present title to all the aforesaid property immediately to all grantees, herein named and referred to, entirely divesting me from the date hereof of any title to said property. But further I also expressly reserve to myself the management, use and control of all the aforesaid property, during my natural life, and the enjoyment of the entire rents, issues and profits thereof, of every kind and description, whatsoever, including, of course, possession of same, that I am not to be responsible in any manner for waste or loss thereof. I further expressly declare, that this conveyance is made for the further purpose of preventing my wife Ann from enjoying any portion of my estate, except what the law will give her, inspite of me; and I am activated to the pursuit of this course by the fact that, she has long ceased to treat me as a wife ought to treat a husband, abandoning me in my old age, repaying my kindness and confidence with cruelty and utter neglect. I also State herein, that I will execute, contemporaneously herewith a certain deed of trust, to my old and much esteemed friend, John Jones, conveying to him for my use and benefit, during my natural life, and for the purposes therein mentioned, all my reserved rights above specified in and to said property. In witness of all which, I have hereto set my hand and seal this 14th day of October A.D. 1859 In the presence of Joseph X Jones Alexr. Raddock (His Mark) SEAL Edwd. L. McIntyre This deed was recorded in Pike County Deed Book L, pages 144-148. THE STATE OF ALABAMA COUNTY OF PIKE I, Bird Fitzpatrick, Judge of Probate in and for the State and County aforesaid, hereby certify that Edw’d. L. McIntyre, a subscribing witness to the aforesaid conveyance, known to me, appeared before me this day, and being sworn, Stated that Joseph Jones, Sen., the grantor in the conveyance, voluntarily executed the same in his presence, and in the presence of the other witness, and that such other witness subscribed his name in his presence. Given under my hand, this 14th day of October A.D. 1859. Bird Fitzpatrick Judge of Probate File at: http://files.usgwarchives.net/al/pike/deeds/jones90dd.txt This file has been created by a form at http://www.poppet.org/alfiles/ File size: 7.6 Kb