Marion-Monroe County GaArchives Deed.....Pinckard, Virginia C - Burton, Benjamin July 24, 1847 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Angela Covington aangel4ken@windstream.net January 22, 2007, 10:27 am Written: July 24, 1847 Recorded: October 9, 1848 Georgia Monroe County Whereas a marriage is intended shortly to be had and solemnixed between Benjamin Burton of the county of Marion in said state and Virginia C Pinckard of the county and state first aforesaid and whereas the said Benjamin Burton is ?ed and pop? in his own right if the following property to wit, four lots of land known and distinguished as lots numbers ninety-eight, ninety-nine and one hundred and twenty six in the thirteth district of originally Muscogee now Marion county and number one hundre thirty in the same district now Sumpter County and the following named negro slaves,Viz, Squire, London, Milly, Sally, Virgil, Gabriel, Alick, Sarah, Harriet, Rhiner, Gundy, Jordan, Hardy, Jimmy, ? innah, and her infant William, Martha, May, Nancy, Carson, Hope, Patty, Phene, Gency, Charles, Betst, Ned, Caty, Carson, and Amos and whereas the said Benjamin Burton is willing and desirous and it is his intention to make full and ample provision for the maintenance support and comfort of the said Virginia C Pinckard his intended wife and for that purpose it is his wish and desire that the whole of said above mentioned property together with all rents ? profets and increase arising therefrom should be vested in a suitable trust and be set apart and from to the said Virginia C Pinckard a seperate and distinct estate subject to the conditions and provisions hereinafter named. Now this indenture of three parts made and entered into the twenty-fourth day of July one thousand eight hundred and forty seven between the said Benjamin Burton of the place herine before mentioned of the first part and the said Virginia C Pinckard of the place aforesaid of the second part and John Pinckard of county of Monroe in said state of the third part, witnepeth that the said Benjamin Burton for and in consideration of the said marriage which is shortly yo be had and solemnized betweem him the said Benjamin Burton of the first part and Virginia C Pinckard of the second part does for himself his heirs executors administrators and apigns convenant grant and agree that all of the aforementioned property together with the rents ? profits and increase arising therefrom shall from constitute and remain to be seperate property and estate of said Virginia C Pinckard. Should said cotemplated marriage take place for and during the natural life of the said Virginia C Pinckard and does by these present in and for the consideration aforesaid grant and convey unto said John Pinckard and those that may succeed him as trustee the right and title to all and singular the before mentioned and described property in trust. To have and to hold said before mentioned and described property unto the said John Pinckard and those who may succeed him as trustee in trust for the use and benefit of the said Virginia C Pinckard and any child or children that the said Virginia C Pinckard may have begotten by the said Benjamin Burton as the fruits of said intened marriage tor and during the natural life of the said Virginia C and it is further convenanted and agreed that all of said property both real and personal shall be entirely under the control and management of the said John Pinckard trustee as aforesaid during the continuance of said conenture and be by him used for the natural benefit and advantage of the said Benjamin Burton and Virginia C Pinckard and any child or children they may have as the fruits of said intended marriage and it is by those presents further convenanted and agreed and it is so expressely understood that in case the said Benjamin Burton shall survive the said Virginia C Pinckard without her having any child or children begotten by the said Benjamin Burton then the title hereby conveyed in trust as afroresaid shall cease and determine and the title to all and paricular of said property shall revert to the said Benjamin Burton absolutely and in fee simple in as full and complete manner as though these presents had never been executed and if the said Benjamin Burton should survive the said Virginia C Pinckard and she should at her death leave any child or children living at her death which was born as the fruits of said intended marriage then and in that case it is convenated and agreed that the right and title to said before mentioned property shall vest in the said Benjamin and said child or children equally and absolutely and it is further conventated and agreed by these presents that should the said Virginia C Pinckard survive the said Benjamin Burton that then and in that case the right and title to all and singular of said property shall vest absolutely and in fee simple in the said Virginia C and such child or children un such manner as they would be intitled to under the statue of the distribution in this state and should the said Virginia C survive the said Benjamin Burton without child or children then and in that case the right and title of said property shall vest in the said Virginia C Pinckard absolutely and in fee simple and it is by these presents further convenanted and agreed that any of the aforesaid property may be sold or exchanged by the written consent of all the parties theyh all jointly uniting in the conveyance provided a property equal in value be received which shall be conveyed in trust subkject to the use created by these presents the trustee shall however in all instances be the judge of the ? or interest which may induce a sale or exchange of any of the aforementioned property and no sale or transfer of any of said property should be considered as valed until the said trustee shall be contracting party and it is further ex? convenanted and agreed that no part or portion of any of said property or its increase or any rents i? or profits arising therefrom shall in any wise be subject either in law or equity to any debts or contracts of the said Benjamin Burton which may hereinafter be contracted and which shall be contacted after said intended marriage shall have taken place and the said John Pinckard hereby consents to take upon himself said trusteeship and does by these presents convenant and agree to execute the trust herein ? according to the intent and meaning thereof and thereupon the said Benjamin Burton and Virginia C Pinckard do by these presents appoint him such trustee and the said Benjamin Burton does by these presents convenant and agree that the trusts and uses herein contained and mentioned so far as on him dependes shall be fully and completely executed and acarried out. In witnespeth whereof the said Benjamin Burton, Virginia C Pinckard and John Pinckard have hereunto set their hands and affixed their seals the day and year first above written. The word presents intertined? before signing. Signed sealed and delivered in presents of A W Lee S I Black Benjamin King IP Benjamin Burton (seal) Virginia C Pinckard (seal) John Pinckard (seal) Recorded October 9th 1848 Geo W McDuffie, Clerk File at: http://files.usgwarchives.net/ga/marion/deeds/burton494dd.txt This file has been created by a form at http://www.poppet.org/gafiles/ File size: 7.6 Kb