Deed of Trust between James T THOMAS and Edward & Aquilla TURNER; Charles Co., MD Transcribed and contributed by Herman Stephan Copyright 2004. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ******************************************************************************** Written July 3, 1843 At the request of EDWARD TURNER and AQUILA TURNER the following Deed of Trust, was recorded this 8th day of July Ammon Domin 1831 This indenture made this fifth day of July Eighteen Hundred and Thirty One, between JAMES T. Thomas of Charles County and State of Maryland of the one part, and EDWARD TURNER and AQUILA TURNER of said county and State of the other part: witnesses that the said JAMES T. THOMAS for and in consideration of the sum of five thousand dollars to him in hand paid by the said EDWARD and AQUILA TURNER before the sealing and delivery of these presents the receipt whereof is hereby committed and for and in consideration of the trust and confidence reposed in said EDWARD TURNER and AQUILA TURNER hath granted bargained sold, aliened, release, enforced and conformed and by these present the the said JAMES TO. THOMAS doth, grant, bargain sell release enforce and confirm unto them the said EDWARD and AQUILA TURNER or the -------of them or the heirs, executors administrators of such survivor all the real and personal property of whatsoever description or kind the same may be which --sold and conveyed to said JAMES T. THOMAS by THOMAS TURNER by deed bearing date the first day of July, Eighteen Hundred and Thirty one a more full and perfect description of all which said real and personal property will appear by said deed reference to the same being had, all which said real and personal property is intended herein and hereby to be sold, transferred and conveyed as fully and effectually as if the same was here again specifically set down, mentioned and described. To have and to hold the said real and personal property, and all the right title and interest of said JAMES T. THOMAS in and to the same unto them the said EDWARD and AQUILA TURNER or the survivors of them or the heirs, executors or administrators of such survivor as the case may be. In trust nevertheless for the following uses purposes and intents, and to and for no other use purpose or intent whatsoever, that is to say in that the said EDWARD and AQUILA TURNER shall suffer and permit the said THOMAS TURNER to have, hold, occupy and enjoy the use of all the said real and personal property during his natural life and to receive all the abolishments uses and profits thereof during the said term of his natural life without impeachment of ----but said property not to be made liable for or subject to any debts contracted by said THOMAS TURNER nor in any manner to be subject to any taxes, dues or demands whatsoever that may come against him, and it is further declared to be the meaning and intent of these presents and of the parties hereunto that the said THOMAS TURNER may be permitted to sell and dispose of the merchandise and other goods and chattels in said before ----deed mentioned either in his own name or in the name of said EDWARD and AQUILA TURNER and to purchase other for and upon account of said trust fund but the said implements, profits of increases of said real and personal property or of any other merchandise good or chattels that may be theirs hereafter, so as aforesaid purchased and acquired there from by said THOMAS TURNER by no means and under no circumstances are to be taken or considered as the separate property of said THOMAS TURNER except only so far as may be necessary for his use and comfortable subsistence during the term of his natural life as aforesaid, but the whole to constitute one general trust fund for the user purposes and intent herein and here after particularly set forth, mentioned and expressed and it is further declared to be the meaning and intent of these presents and of the parties hereto, that from and after the death of said THOMAS TURNER the real estate mentioned and described in the deed from AQUILA TURNER to THOMAS TURNER and JOHN R. TURNER and FROM BENEDICT EDELEN to THOMAS TURNER AND SUSAN E. TURNER - SUSAN E. BROWNER shall resolve upon and be given up into the actual possession and ownership of said JOHN R. TURNER and SUSAN E. BROWNER respectively according to the intent and provisions of those deed, or to their heirs or assignees as the case maybe, and further that the said EDWARD TURNER and AQUILA TURNER or the survivors of the, or the heirs of each survivor shall settle upon and convey in full simples the residue of said real property to JOHN R. TURNER, THOMAS PHILIP TURNER and FRANKLIN PARNHAM TURNER, sons of said THOMAS TURNER or to their heirs respectively as the case may be, in manner following; that is to say to JOHN R. TURNER and his heirs the lot or real estate lying in Newport and purchased by said THOMAS TURNER of WILLIAM MONESS?? as by the deed above refers to will appear, and to THOMAS P. TURNER and FRANKLIN PARNHAM TURNER and their heirs all the land an real estate conveyed to THOMAS TURNER by the commissioners appointed to see the real estates of ZACHARIAH CHUNN deceased, also all the land and real estate purchased by said THOMAS TURNER of EDWARD B. MORAN a description of which said lands will more fully appear by the deed to said THOMAS TURNER these said land to be equally divided between the said THOMAS PHILIP TURNER and FRANKLIN P. TURNER or their heirs as the case may be, and it is declared to be the meaning and intent of these present that the said EDWARD and AQUILA TURNER or the survivor of them or the executors or administrators of such survivors shall further upon the death of said THOMAS TURNER give possession of deliver up or make over to SUSAN E. BRAWNER or her executors administrators or assignees, the Negro man HANSON in said deed mentioned from said THOMAS TURNER to said JAMES T. THOMAS and shall divide or cause to be divided in lots or portions the other Negroes in said deed mentioned to wit. Negroes NANCY and her child WILLIAM AND SOLOMON and FRANK which said Negroes, their last mentioned and to be equally divided between JOHN R. TURNER, THOMAS P. TURNER and FRANKLIN P. TURNER or Thier executors administrators or assignees as the case may be together with the future increase of NANCY if there should be any such increase, and further that said EDWARD and AQUILA TURNER, or the survivor of them or the executors or administrators of such survivor shall give possession of, deliver up, or make over the JOHN R. TURNER should he survive the said THOMAS TURNER, the young bay horse and the silver watch in said deed mentioned, and one feather bed and furniture, or its equivalent in money, and shall give to THOMAS P. TURNER should he survive the said THOMAS TURNER the gold watch in said deed mentioned, and one feather bed and furniture or equivalent in money as aforesaid for such bed and furniture, and to FRANKLIN P. TURNER one feather bed and furniture or its equivalent in money, and as to the rest and residue of all the personal property mentioned and referred to is said deed from said THOMAS TURNER to said JAMES T. THOMAS,and not herein specifically settled upon the children of said THOMAS TURNER or Thier heirs, executors administrators or assignees it is hereby further declared to be the meaning and intent of these present and of the parties hereunto that the said assume shall be divided, between the four children of said THOMAS TURNER or their executors administrators of assignees subject however to such inequality as may arise form the circumstances time and manner in which the same may be divided as following , that is to say, that the said EDWARD and AQUILLA TURNER or the survivors of them as aforesaid, may upon the death of said THOMAS TURNER have full power and authority to dispose of and convert into cash any or every part of such property as they may deem expedient and most beneficial to the parities concerned, and shall retain the same upon interest, if in money, or convert it into stock and hold the same entire, until JOHN R. TURNER shall arrive at age to be appropriate and applied in Their discretion to the maintenance and education of the tree sons of said THOMAS TURNER, and upon the arrival at age of said JOHN R. TURNER to give up to him on fourth part of said property and then to hold and retain the residue of said property, for the maintenance and education of the other minor sons of said THOMAS TURNER, and upon the arrival at age of each successively, such one so arriving at age to take his fourth share or proportion of the same and upon the arrival at age of the last or youngest one, then and not till them for SUSAN E. BROWNER to Come for her share or proportion of said property. but that if either or any should die before such division be made, that the survivors should take in such succession as aforesaid, either one third or one half or the whole as the case may be, it being declared to be the meaning and intent of these present that this fund should be preserved, and used towards and in and of the maintenance and education the young minor children to be divided however upon the arrival at age of either or all as nearly and equally as may be, so as above mentioned. In witness where of the said JAMES P. THOMAS hath hereunto set his had and affixed his seal the day and year herein above written-------- JAMES T. THOMAS (seal) Signed sealed and delved in the presence of "the Words" and in -- of "being first interlined". Ja. W. A. Middleton Jsns W. Gradnier