Cumberland County, VA - Deed Book 21 (partial) Submitted for use in the USGenWeb Archives by Joyce Lewis Coleman *********************************************************************** * USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Deed Book 21, Page 149 This indenture made this 11th day of February 1833 between John Trent and Lucy Ann his wife of the County of Cumberland of the first part, John C. Page and Alexander Trent of thee same County of the second part and John C. Trent, Mary B. Trent, Edward Trent, Richard B. Trent, Letitia Trent, Lucy Trent, William H. Trent and Peter F. Trent children of the said John and Lucy Ann Trent all of whom are infants of the mind part. Whereas Letitia W. Taylor ?relich? Of Archibald Taylor late of the City of Richmond hath recently departed this life, entitled by virtue of the last will of her late husband or otherwise to property real and personal of considerable value, leaving as her next of kin two sisters Lucy Ann Trent and Eliza M. Harrison wife of Thomas Harrison, and whereas the said Letitia H. Taylor during her last illness verbally communicated her wishes in regard to the disposition of all her said property to the said Thomas Harrison at whose house she died and to his said wife and their daughter Mary B. Harrison by the former of whom the substance of the said communication was the day previous to the death of the said Letitia H. committed to writing which writing was signed by himself, his said wife and daughter as witnessed a copy of which writing with an explanatory statement of the said witnesses thereto subjoined is hereto annexed as a part of this instrument and whereas owing to the inadvertent omission to state in the said writing more fully and explicitly the express and repeated declaration of the said Letitia H. made during her last illness of her wish and intention that the said John Trent and Lucy Ann his wife should during their lives enjoy the whole interest and profits of the portion intended for the said Lucy Ann, some doubts exist whether the said writing if opposed could be established as a good nuncupative will, and it is moreover deemed necessary to offer the same for probate in as much as if established it would neither increase nor diminish the interest of the said Thomas Harrison and his wife in the property of the decedent and the said John Trent and Lucy Ann his wife are willing to convey and issue to their children the same or a greater interest than she would have been entitled to probate and whereas Edward Cunningham who was named in the said writing as a trustee has declined acting in that capacity and acquiesces in the propriety of the course now taken in regard to the said will and of this conveyance and also of the appointment of the said John C. Page and Alexander Trent as trustees who have consented each as such Now? This indenture witnesseth that for and in consideration of the promises and for the further consideration of one dollar to them in hand paid at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged by the said John Trent and Lucy Ann his wife have granted bargained and sold, transferred and assigned and do by these presents grant bargain and sell, transfer and assign unto the said John C. Page and Alexander Trent and the survivor of them their executors, administrators and assigns all the rights title and interests of them the said John and Lucy Ann joint or several, under the said writing or otherwise in and to the estate real and personal held or owned by the said Letitia H. Taylor at the time of her decease, or to which she was entitled and which may have passed to or vested in them except the household and kitchen furniture, or proceeds thereof. But upon this special trust and confidence, that the said trustees or either of them shall proceed without delay to collect and receive the estate real and personal hereby conveyed and each of the first monies that shall come into their hands forthwith set apart and appropriate five thousand dollars for the benefit of the said John C. Trent one of the children of the said John and Lucy Ann in such manner that the interest thereupon be annually applied for his use and the principal secured to be paid to him on his attaining the age of twenty one years; and upon this further such that the residue of the personal estate shall be invested in stock or good loans and the dividends or interest annually appropriated together with the profits of the real estate if any accrue before a sale be made thereof to the use and benefit of the said John Trent and Lucy Ann his wife during their joint lives and upon the death of either to the survivor for the use and benefit of such survivor and their children, and at the death of such survivor the whole principal divided equally among all the children of the said Lucy Ann born or to be born, their living and the decedents of such if any as may have died before her such descendants taking among them the portion to which their parents respectively if living would have been entitled, and upon this further trust that the said trustees or either of them whensoever they may deem it advantageous so to do may make sale of the real estate hereby conveyed or any part thereof in conjunction with the said Thomas Harrison and wife or separately and invest the proceeds of sale in stock or loans as aforesaid appropriating the dividends or interest as before provided in relation to the personal estate, and it is agreed and understood by and between the parties to these presents, that in regard to the disposition of the personal estate and the dividends and interests therefrom accruing the trustees shall be regulated by the wishes and intentions of the said Letitia H. Taylor as expressed and contained in the said writing before refereed to in the same manner as if the same had been duly admitted to record but in relation to the real estate by this instrument according to its due intent and meaning. It is further understood and agreed by and between the said parties that the said real estate if unsold or the principal money arising from the sale thereof if sold, whether invested in stock or loans or otherwise shall at the death of the said John and Lucy Ann Trent be equally divided among all her children and their descendents if any in the manner before provided in regard to the division of the personal estate, provided however such con