UPSON COUNTY, GA - DEEDS - Division of Estate Joel Moody 

Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm

This file was contributed for use in the USGenWeb
Archives by: "Linda Bowden" <lbowden@htcomp.net> 

Table of Contents page: 
http://www.usgwarchives.net/ga/upson.htm
Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm

Georgia
Upson County

This indenture of five parts entered in this the
seventeenth day of November in the year of our Lord
one thousand eight hundred and fifty-three between
Nancy Moody of said county of the first part, Green
B. Moody of the same place of the second part, John
Moody of the county of Shelby and State of Texas of
the third part, Riley Moody of the county of
Columbia and State of Arkansas of the fourth part
and William Moody of the county of Pike and State of
Alabama of the fifth and last part.  Witnesseth That
whereas Joel Moody late of the county first
aforesaid, deceased, departed this life in the year
of our Lord one thousand eight hundred and fifty-one
leaving his last will and Testament which has been
by the court of Ordinary of said county of Upson
duly admitted to probate and letters testamentary
have issued to the executors in said will named, to
wit, Green B Moody and Daniel Denham who in the
execution of the said trust have paid all the debts
of said deceased.

And whereas the said Joel at his decease left a
considerable estate both real and personal which was
fully disposed of by his said will substantially as
follows, that is to say, After the payment of debts
the whole of the remaining property was bequeathed
to his wife the said Nancy for and during her
natural life and at her death equally divided
between testators four sons, to wit the said green
B., John, Riley and William.  making the division so
as to equalize the portion of those who had received
nothing with such as had received portions of
property.

And whereas it is the wish and desire of all and
each of the parties to this deed that a distribution
of said estate should now be made and that each of
said remainder men under said will should before the
termination of the life estate of the said Nancy
receive a portion of said estate _ how for and in
consideration of the previous as well as the further
consideration of our fifth part of the whole of said
estate to be allowed to and held by the said Nancy
forever in fee she the said Nancy releases and
relinquishes to the other parties to this deed all
her life interest in the said estate on account of
her said life estate aforesaid and consents and
agrees to the division as hereinafter set forth and
stated.

And the said Green B., John, Riley, and William each
for himself and on his several part for and in
consideration of the release and relinquishment
aforesaid does hereby convey and confirm to the said
Nancy for ever in fee the one fifth part of said
estate and consents to a division of said property
in the following manner that is to say,_ Lemuel
Torbert, Benjamin F. Torbert, Robert B. Mann,
Eustace H. Reeves and Basil Brown (who are hereby
agreed upon for that purpose) or any three of them
(consenting to act) shall part and divide all the
negroes belonging to said estate into five equal
lots as near as may be-allowing sums of money as may
be requisite to equalize said lots__said partition
to be made between the date of this Indenture and
the fifth day of December next__  and one of said
lots so parted shall go to and be the property as
aforesaid of the said Nancy and one of said lots
shall go to and be immediately vested in each one of
the other parties to this deed__ and in the event
that said parties shall not be able to agree upon
the respective lots to be delivered to each one then
said partitioners shall have the power to assign
each one his and her part or lot as follows__  The
names of the negroes and several amounts of money
comprising each separate lot shall be written on a
separate piece of paper and the whole placed in a
box or other place_ and the names of each one of the
parties to this deed shall written upon other
separate pieces of paper and the same shall be
placed in another box or place_ and some indifferent
person shall then draw a name from this and also a
piece containing one of the lots as aforesaid from
that and the property named on said paper shall go
to and vest as aforesaid in the party whose name is
drawn as aforesaid_ and so on until the whole be
drawn.

The lands and other property belonging to said
estate if the same be not sold privately by the
agreement of the parties or such parts then as shall
not be sold privately as aforesaid, shall be
exposed, after ten days advertisement at the court
house door in the town of Thomaston in said county
of Upson, to sale at public outcry to the highest
bidder. Sale to be made on the premises and for cash
or on such credit as a man only of the parties shall
determine_  and the proceeds of all such sale shall
be equally divided among and vest in the several
parties of this indenture.

And it is further agreed and made a part of this
indenture that each aforesaid parties upon receiving
his or her portion so delivered and assigned as
aforesaid shall execute and deliver to the executors
of said estate a receipt in full properly attesed to
enable said executors to settle and make proper and
final returns to the proper court of and concerning
this said trust and it is further agreed in
consideration as aforesaid that said receipts so
executed shall operate as full and final settlements
between each of said parties and said executors. In
testimony whereof the several parties to this
Indenture have hereto set their respective hands and
seals on the day and year above written.

Signed sealed and delivered to said executors in
presence of_

										     her
Morson Worthy                                                                                                                 Nancy  X  Moody  seal
Eustace H. Reeves JP								    mark
										Green B. Moody  seal
										John Moody   seal
										Riley Moody  seal
										Wm. Moody   seal