DAVIDSON AND SHELBY COUNTIES, TN - DEEDS - John B. Fairfax to Andrew Hynes ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used 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 for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Gail Blaufarb shiba@ziplink.net ==================================================================== Know all men by these presents that I John B. Fairfax of the County of Shelby and State of Tennessee for and in consideration of the sum of Five Dollars to me in hand paid by Andrew Hynes the... is kindly acknowledged, and for the further consideration of the love & affection I bear for my wife Tennessee Fairfax have given, granted, bargained, sold, assined and confirmed, and by these presents do give, grant, bargain, sell, assine, and confirm unto the said Andrew Hynes his executors and administrators forever the following described property to whit. All my interest in a certain tract or parcel of land, situate and being in the County of Davidson on the Waters of Big Harpeth River and...about...acres being the land that belongs to the estate of Corbin Noles dec'd. My interest therein accruing by right of my wife Tennessee Fairfax formerly Tennessee Noles. Also all my right, title, claim , & interest in one acre of ground more or less with the rights appurtenances, and improvements thereunto belonging, situate West of the Corporation of Nashville, being the lot or parcel of ground, bought by Corbin Noles also of John Cockrill and thereupon which Corbin Noles resided in his life time & upon which Lucy Noles, widow of said Corbin now resides. Also the following described negro slaves. to whit, Jimmy aged about 25 years, Daniel aged about 9 years, John aged about 14 years, & James aged about 3 years: To have and to hold the before described property both real and personal to him the said Andrew Hynes his executors and administrators forever in trust. Nevertheless for the separate and exclusive use of the said Tennessee Fairfax and her heirs forever. And it shall be the duty of the said Andrew Hynes to permit the said John B. Fairfax to use, keep & enjoy all and singular the rents and profits accruing from said described real property and the services of said negro slaves, and all the benefits...pertaining therefrom in any way whatever, without paying or yielding anything for the same, but free nevertheless from any claims that may hereafter be created or exist against the said John B. Fairfax in any manner whatever. Provided likewise, that in case said Tennessee Fairfax should first depart this life without issue, by her present husband John B. Fairfax then and in that case the whole of said property hereby conveyed is to revert to the said John B. Fairfax & all power & rights in said Hynes in that event are to be divested and issued to the benefit and...of the said John B. Fairfax: Always & nevertheless that in case the said John B. Fairfax should depart this life leaving issue by the said Tennessee Fairfax, then and in that event to vest(sp?) alone in the issue of her body by the said John B. Fairfax begotten and not for the benefit and behoof of the issue begotten by any other person. Provided also: That it shall be the further duty of the said Andrew Hynes to hold, convey, sell& dispose of the before described real property, or any right thereon, with the right of my wife when she shall attained the proper age to convey the same: the said Tennessee Fairfax's consent being obtained by the said Andrew Hynes in writing, witnessed by two persons and the proceeds of the same to be judiciously expended in the purchase of negro slaves, and the said negro slaves to be held in trust, after the same manner as the before described personal property. In witness whereof I have hereunto set my name and affixed my seal this 20th day of October 1831. (Signed) John B. Fairfax Witness William T. Brown James P. Irving State of Tennessee Davidson County Court. October Session, 1831. This Deed of Trust from John B. Fairfax of the one part and Andrew Hynes of the other part was proved in open Court to be the act & deed of the said John B. Fairfax by the oaths of William T. Brown & James P. Irving the sub?ointing witnesses thereto & ordered to be registered. Test. Henry Erving Clerk of said Court State of Tennessee Davidson County Registers Office. Dec 10. 1831 I Matthew Barron Register for said County do hereby certify that the foregoing Deed of Trust & probate are duly registered in my Office in Book. Pages 243 & 244. M. Barron By Henry Erving his deputy