Jones County Georgia Deed Sterling W. Smith from James F.A.. Peebles,Legacy File contributed for use in USGenWeb Archives by DaisyZ@aol.com Jeanie Smith Zadach Table of Contents page: http://www.usgwarchives.net/ga/jones.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm Georgia, Jones County Book Q, Pg. 299 Merriwether Co. January 10, 1843 Sterling W. Smith from James F.A.. Peebles,Legacy This indenture made and entered into this the tenth day of January in the year eighteen hundred and forty three between James F.A. Peebles of the County of Merriwether of the one part and Sterling W. Smith of the County of Jones of the other part. Whereas the said James F.A. Peebles has a legacy of near five thousand dollars in cash in right of his wife Palatine Peebles who was Palatine Smith in and by the last will and testament of Harrison Smith late of Talbot County deceased in the hands of the said Sterling W. Smith as the Executor of said last will and testament. Witnesseth that the said James F.A. Peebles considering the recepitudes of fortune & other causalities that may happen and in view of that equity which belongs to Palatine in said legacy and with a view to secure to Palatine & her children (if any she may have) a comfortable support and maintenance and in consideration of the trusts hereinafter mentioned and in consideration of the sum of one dollar to James F.A. Peebles paid by Sterling W. Smith sells the Legacy or sum of money to have and to hold the same upon the trust and confidence that he Sterling W. Smith will invest and lay out the said legacy or sum of money in lands negroes, horses, cattle, hogs, household and kitchen furniture, plantation tools, provisions at reasonable and fair prices & will take deeds of conveyance therefore in his name as trustee of Palatine and will hold the same upon the several trusts and subject to the agreements herein after mentioned upon trust and confidence that Sterling W. Smith will suffer and permit Palatine Peebles wife of the said James F.A. Peebles to possess himself of said land negroes and property and will suffer and permit her to occupy and cultivate said lands and to have the services and labour of said negroes and the increase of the female negroes & the use and control of the other property so that Palatine shall have the note annual gains and profits as may be necessary for the annual support & maintenance of her the said Palatine and her said husband James F.A. & the annual support maintenance and education of such child or children that may be hereafter born unto them for and during the joint lines of the said Palatine and James F.A. and if the said Palatine should survive the said James F.A. then to convey & deliver to the said Palatine as will the said lands Negroes and the increase of the female Negroes & said property and the nett gains and profits thereof over and above support and maintenance as aforesaid to the use benefit and behoof of herself and child or children if more than one that may be living at the death of the said James F.A. free from all other and further trusts and in the event of the death of the said Palatine in the life of the said James F.A. without issue then after her death without issue the said Sterling W. Smith is to convey and deliver said lands Negroes & the increase of the female Negroes and property to the said James F.A. Peeble to his sole and separate use and behoof forever free from all other and further trusts. And in the event of the death of the said James F.A. before the death of the said Palatine without issue then and in that event the said Sterling W. Smith shall convey and assign said lands Negroes & property & their increase thereof unto the said Palatine to her sole and separate use & behoof free from all other and further trusts and in the event of the said Palatine before the death of the said James F.A. leaving a child or children then and in that event the said Sterling W. Smith is to convey and assign the said lands Negroes & property and the increase thereof to such child or children of the said Palatine that may be living to be equally divided between share and share alike free from all and further trusts ~ And it further agreed that should it become necessary that the said Sterling W. Smith trustee as aforesaid may sell and dispose of any of said property and reinvest the same in other property for the use and purposes aforesaid and the said Sterling W. Smith doth covenant and agree to & with the said James F.A. Peebles that he will perform the trust here before mentioned. In testimony whereof the said James F.A. Peebles & Sterling W. Smith have hereunto set their hands and seals the day and year above mentioned. Sterling W. Smith Snr {Seal} James F.A. Peebles {Seal} Signed Sealed and delivered in the presence of us James M. Gray Recorded 26th of January 1843 Robert V. Hardeman Elbert Hutchings Clerk Joseph Winship J.P. ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely 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 presentation. The submitter has given permission to the USGenWeb Archives to store the file permanently for FREE access. ==============