Owen/Wright/Allen Indenture, 1832 - Essex Co. VA July 24, 1832. Indenture. Deed Book. 16. page 21/22 This Indenture made and entered into this 24th day of July eighteen hundred and thirty two between James Owen and Mary his wife of the first part. William A. Wright of the second part and Caty B. Allen of the third part, all of the County of Essex and State of Virginia. Whereas the said Caty B. Allen has become security to the said James Owen in a certain bond for three hundred and thirty one dollars which said bond bears date 20th June, 1832 and payable to Edmund F. Noel and Richard Motley on the 23rd day of June 1833, but to bear interest from the 23rd June 1832, and the said James Owen and Mary his wife being willing and desirous to secure and save harmless the said Caty B. Allen security as aforesaid and the said James Owen being further anxious to secure a portion of his property for the use and maintenance and support of the said Mary his wife and her children. This Indenture therefor witnesseth that the said James Owen and Mary his wife as well as for and in consideration of the premises aforesaid as the further consideration of the sum of ten dollars to them in hand paid by the said William A. Wright at and before the ensealing and delivery of these presents the receipt whereof they do here by acknowledge, have given granted bargained sold and conveyed and by these presents do give grant bargain sell and transfer unto the said William A. Wright his heirs assigns forever all that tract and parcel of land on which the said James Owen now resides situated in the County of Essex aforesaid Containing two hundred and fifty acres be the same more or less and bounded by the lands of William Crittenden dec'd, Alice Ship, Philip Coleman and the main road with all and singular the buildings tenements privileges hereditaments and appurtenaces to the said land belonging to or appertaining, also all the right and title of the said James Owen and Mary his wife in and to the estate of Thomas Allen dec'd, the father of the said Mary and the estate of Jack Allen, Banks Allen, and Barbara Bohannan the brothers and sister of the said Mary whether the same be real or personal subject however to the provisions of a deed executed by the said James Owen and Mary his wife of the first part, William Fisher of the second part and Richard Motley and Edmund F. Noel of the third part which said deed is dated 15th August 1825 and was duly recorded in the clerks office of Essex County on the 18th August 1825 which will fully appear by reference to the said deed; also the following named slaves Polly and Antibelia with their future increase ~~ To have and to hold the said tract of land with the tenements hereditaments and all and singular other premises herein before mentioned or intended to be bargained an sold and every part and parcel thereof with every of their rights members and appurtances and the aforesaid right and title instance to the estates of Thomas, Jack, and Banks Allen and Barbara Bohannon as aforesaid slaves Polly & Antibelia with their future increase unto the said William Wright his heirs and assigns forever. And the said James Owen and Mary his wife for themselves and their heirs the said tract of land with all and singular the premises aforesaid and the said right and title in and singular in and to the estates aforesaid subject to the provisions of the deed aforesaid and the two slaves with their future increase unto the said William A. Wright his heirs and assigns free from the claim or claims of him the said James Owen and Mary his wife or either of them or either of their heirs and all and every person or persons whatsoever shall will and do warrant and forever defend by these presents~~ Upon Trust nevertheless to and for the following trusts uses and purposes and to and for no other trust use purpose or interest whatsoever that is to say that the said William A. Wright permit the said James Owen and Mary his wife to remain the quiet peaceable and undisturbed possession use and enjoyment of the said tract of land herein before conveyed and the rights and titles in and to the estates herein before mentioned and the two slaves before named with their future increase until default made in the payment of the bond aforesaid and interest either in part or in the whole and then upon this further Trust that so soon after the happening of the said default as aforesaid that he said William A. Wright shall upon the request of the said Caty B. Allen proceed to sell on the premises to the highest bidder and for cash having first given public notice of the time and place of sale at two or more public places in the county of Essex sixty days the said tract of land and rights and titles and slaves herein before mentioned or so much thereof as may be necessary and out of the proceeds of sale in the first place pay the costs of recording this deed and the expenses attending the execution of this trust in the next place pay the principal and interest of the said bond and hold the balance for the use maintenance and support of the said Mary Owen and her children~. And upon this further Trust that the said James Owen shall well and truly pay to the said Edmund F. Noel and Richard Motley the principal and interest of the said bond and thereby secure and save harmless the said Caty B. Allen then the said William A. Wright shall permit the said James Owen and Mary his wife to remain in the peacable use and enjoyment of the said property both real and personal during their joint lives or during the life of the survivor, and to take the profits and issues thereof for the use and support of themselves and their children the said Wright having full power upon their joint request to sell the said property or any part thereof and to put the money arising from the sale to interest or purchase~ other property in lieu thereof as may be most to their advantage. And after their death, that is the death of the said James Owen and Mary his wife the said Wright shall pass the property herein conveyed or the proceeds of the sale to the children of the said James Owen and Mary his wife in equal portions according to the statute regulating decents. In witness whereof we the parties hereto have affixed our hands and seals the day and year first herein written. James Owen seal Mary Owen seal W. A. Wright seal Caty B. Allen seal Essex County to wit. We James Semple and Thomas C. Gordon Justices of the peace in the county aforesaid in the state of Virginia do heareby certify that Mary Owen the wife of James Owen parties to a certain deed bearing date on the 24th day of July 1832 and here unto annexed personally appeared before us privily and apart from her husband and having the deed afore said fully explained to her the said Mary Owen acknowledged the same to be her act and deed and declared she had willingly signed sealed and delivered the same and that she wished not to retract it. Given under our hands and seals this 24th day of July 1832. James Semple seal Thomas C. Gordon seal Essex County to writ. We James Semple and Thomas C. Gordon, Justices of the peace in the county aforesaid in the State of Virginia do hereby certify that James Owen, Mary Owen and Caty B. Allen parties to a certain deed bearing date on the 24 th day of July 1832 and hereto annexed personally appeared before us in our county aforesaid and acknowledged the same to be their act and deed and desired us to certify the said acnowledgement to the Clerk of the County of Essex in order that the said deed may be recorded. Given under our hands and seals this 24th day of July 1832. James Semple seal Thomas C. Gordon seal Submitted by Joan Stubbs **************************************************************** USGENWEB 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. 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