UPSON COUNTY, GA - Deeds - Colored Cemetery 1897

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Fee Simple Deed for Colored Cemetery 

Upson County, Georgia Deed Book 41, page 541
State of Georgia,
Upson County.

	This indenture, made the 19th day of October in the year of our Lord One Thousand Eight Hundred and Ninety Seven [October 19, 1897] between W.X. Beall of the County of Upson of the one part, and "The Colored Cemetery Society,"  - composed of the colored people of the town of Thomaston (acting by & through a board of five representatives or trustees named below) of the County of Upson of the other part.

	Witnesseth: That the said W.X. Beall for and in consideration of the sum of Sixty Dollars ($60.00) in hand paid, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, aliened, conveyed, and confirmed, and by these presents doth grant, bargain, sell, alien, convey, and confirm unto the said Thomaston Colored Cemetery Society heirs and assigns, all that tract of land, situated North East of Thomaston, the same being more or particularly described as follows:

	Bounded by a line commencing on the south side of a new street (running East & West) where said street intersects the land known as the J.W. Green place near the branch; said line running thence South along the west boundary of said Green place 52 ½ yds., thence West 70 yards to an iron rod sunk in the ground; thence North to another iron rod corner, & thence East to beginning corner.  Said tract containing about 3,675 square yds. or about ¾ of an acre, more or less..  Said grant or sale being hereby subject to the following conditions & restrictions, viz.: 

That the same is to be used & appropriated only for & as a cemetery or burial place of those of the colored people of Thomaston that may hereafter die, & the same is to be under the legitimate control & management of the said trustees, (who are now Parker Rogers, Alex'r Holmes, William Trice, Mumford Drake & Arthur R. Spear) & their successors in office… Said trustees being empowered only to act as custodians of said property, in the interest of the said society, & are to exercise a wise discretion in impartially apportioning, dividing & allotting of said tract into sections for family or individual burial places, & in arranging suitable passageways through said land for conveniently reaching all parts of the same.

	To have and to hold the said bargained premises, with all singular the rights, members, and appurtenances thereto appertaining to the only proper use, benefit, and behoof of the said Thomaston Colored Cemetery Society (subject only to the above conditions & restrictions) heirs, executors, administrators, and assigns, in fee simple; and the said W.X. Beall the said bargained premises unto the said Thomaston Colored Cemetery Society heirs, executors, administrators, and assigns, against the W.X. Beall, his heirs, executors, and administrators, and against all and every other person or persons, shall and will warrant and forever defend by virtue of these presents.

	In witness whereof the said W.X Beall hath hereunto set his hand & affixed his seal and delivered these presents, the day and year first above written.

W.X. Beall (Seal)
Signed, sealed, and delivered in presence of:
W.H. Dallas
J.E.P. Matthews, Ordinary
Recorded [Blank], 19 [Blank]
[Blank], Clerk.