DEED TO BUILDING PUBLIC CEMETERY - CALLAWAY COUNTY, MISSOURI BY WM.H.PRICE October 19th,1861 I will . William H. Price and Eliza his wife of the city and State of New York , Thomas B. Dyre and Cornelia C his wife of the city and county of St. Louis , Hans Lawther and Virginia his wife , George A Nicholson and Mary J his wife , Thomas B. Nesbit and Mary his wife and Martha W Watkins of the County of Callaway and State of Missouri . parties of the first part and Warren W. Tuttle of said county of Callaway and State of Missouri party of the Second part Wittness that the said parties of the first part in and in consideration of the trust herinafter contained and created and of the same of one doller to them in hand paid by the party of the second part the reciept where of is hereby acknowlaged have granted bargain ,sell and convey unto the said party of the second part and to his sucesors in said trusst the following described real estate situated lying and being in the county of Callaway and State of Missouri to wit . Sixteen lots in Martha T Dyers addition to the city of FULTON NUMBERED AS FOLLOWS : 1,2,3,4,5,6,7,& 7 also14,15,16,17,18,19,20 & 21 in Block No2 of said addition now of record in the recorders office of Callaway in Book P on page 78 &79 now subdivide as exhibited in platt book page 22 in said office . To have and to hold said real Estate into the said party of the second part and to his succesors or successors in trust for the following purposes to with that said Real Estate having been included and prefraired for a PUBLIC CEMETERY of said party of the second part is here by empowered to hold said ground for burial purposes only and to that and he may sell lots here in at and for the price of the sum of five cents per superficial foot to such persousor persons as may wish to purchase for burial purposes , said sales to be for cash in hand an the said party of the second part is to make deeds of conveyances to the same arforn fragment of the franchase price and out of the proceeds of all sales he shall make he is to reserve one third there of for the purpose of keeping said grounds properly improved and in repair , Which is to be a permant fund to be used for that purpose only and the balance of the proceeds of the sale of said lots shall be paid over to the party of the first part in amounts acording to the intrest of said parties from time to time as sales shall be made and moniescollected there on . And in case of the death resignation or removal of said trustee from the execution of said trust such vacacy shall be filled by the JUDGE OF THE CIRCUT COURT OF THE COUNTY OF CALLAWAY . who shall upon the petition of one or more the parties of the first part appoimt a Turstee who shall in all respects be visted with the same favor and authority and subject to the same restrictions of the Turst herin appointee and in all case of a vacanncy for the fulfillment of the trust herin related the said court may fill the same by appointment as as heringefore prescribed and the title to said property the powers authoritaion and restructions herin givin to the said TUTTLE shall vest in said Trustee appointment by the court and the said WARREN W. TUTTLE and SUSAN C his wife being intrested in said real estate do herby join in this conveyance transfering their right title and intrest to theTrustee aforesaid for the purposes hereinbefore set forth . In testimony whereof the parties have heronto subscribe ther names an affoxed tjeor sea;s pm tjos tje 19th day of Otober AD 1861 WM.H.PRICE ELIZA T. PRICE VIRGINIA A LAWTHER MARTHA W. WATKINS SUSAN C. TUTTLE T.B. DYER CORNELIA C DYER THOMAS B. NESBIT H. LAWTHER W.W.TUTTLE as TRUSTEE GEO. A. NICHOLSON MARY JANE NICHOLSON STATE OF MISSOURI COUNTY OF ST LOUIS Be it remembered that on this tenth day of January Eighteen hundred annd Sisty eight before me the undersigned a nortary public with in and for said county came THOMAS BL DYER and CORNELIA C DYER his wife who are both personally known to me to be the same persons whose names are subscribed to the foregoing instrument of writing as parties there to and severally acknowledged the same to their act and deed. THE REST OF THIS DEED CAN NOT BE READ . Listed in the Deed book of St Louis Co . Missouri year 1861 & 68 page 103 &104 ------------------------------------------------------------------------ File contributed for use in USGenWeb Archives by Karen Pfister (© 1997 Karen Pfister.) USGENWEB NOTICE: In keeping with our policy of providing free genealogical information on the Internet, data may be freely used for personal research and by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or their legal representative, and contact the listed USGenWeb archivist with proof of this consent. ------------------------------------------------------------------------