Franklin County Virginia USGenWeb Archives Deed.....Perdue, Milly - Perdue, Isaiah October 11, 1855 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Janet King JPerdue192@aol.com March 17, 2009, 10:24 pm Written: October 11, 1855 Recorded: October 11, 1855 This indenture made the 11th day of October 1855 between Isaiah Perdue of one part, William M. Perdue and Luke Perdue trustees mutually selected by the parties of the second part, and Milly Perdue wife of the said Isaiah Perdue of the third part, all of the county of Franklin and state of Virginia. Whereas the said Isaiah Perdue and Milly his wife in consequence of an unhappy difference which has arisen between them from causes not necessary to be herein specified, have agreed to separate and live apart from each other for which purpose the said Isaiah Perdue has agreed to furnish a house and to put the same in good repair near his Mill in said County, with sufficient Land attached for a Garden and other purposes hereafter mentioned, to be judged of the trustees aforesaid, and the said Isaiah is to furnish the house with good plain furniture, table ware and cooking utensils, also provisions and groceries, clothing for the said Milly in sufficient quanities and suited to her condition from time to time according to the discretion of the said trustees during her life and to furnish a negroe woman named Emily to live with and wait on the said Milly during her life, except that when not engaged, she shall cultivate land to the attached house under the control of the trustees, the proceeds of which to be applied towards the support of the said Milly Perdue, and in case the said Emily should become disabled from any cause from waiting on and attending to the said Milly, the said Isaiah is to furnish another woman in her place until such disability shall cease and the said Isaiah binds himself to cause the said house to be repaired and furnished, and to provide and deliver over the possessions thereof, together with all the property and things herein agreed to be provided at this time to the said trustees and speedily as the same can be convenietly done, to be held by them except as far as the same may be consumed for the use, support and maintenance of the said Milly during her life and no longer. And the said Isaiah agrees if he shall fail herein or shall at any time neglect to furnish any of the articles herein provided for when notified by the trustees, they shall be at liberty to provide the same at the cost and charges of said Isaiah, and he binds himself to repay the same to them or to pay any debt so contracted by them to other persons, and the said Isaiah further agrees in case of his death before the said Milly, a sufficient provision out of his estate shall be placed in the hands of the said trustees by his personal representative, for the support of the said Milly in the manner herein provided during her life and he binds himself not to exercise any right or control over the house and property hereby granted or the person of the said Milly, but to permit her to possess and enjoy the same under the supervision of the trustees, and to live in all other respects as though she were unmarried --- And the said Milly Perdue in consideration of the provision and settlement aforesaid agrees to relinquish to the said Isaiah Perdue and his heirs all right or dower or other right if any she has in and to the estate both real and personal or the said Isaiah which he now has or may hereafter acquire -- And the said Milly also releases him from all claim to alimony or future maintenance and support, except so far as the same is provided for in the Deed-- And the said Milly Perdue also agrees and binds herself to dismiss the suit now pending in the Circuit Court of Franklin County in her name against the said Isaiah Perdue for which purpose do hereby directs and authorizes the Clerk of said Court to discontinue and dismiss the same. And the said Isaiah Perdue and Milly Perdue do covenant and agree with each other to live separate and apart without any right or control over the persons or estate of each other it being the mutual wish and desire of both parties have hereto set their hands and seals the day and year within written - Isaiah Perdue (seal) Signed, sealed & delivered in presence of: William M. Perdue (seal) Rand Chitwood Luke Perdue (seal) Jesse Brooks Milly (herXmark) Perdue Virginia Franklin County to wit} We Lewis Dillon and J. H. McNeil Justices of the Peace in the County and State aforesaid do hereby certify that Milly Perdue wife of Isaiah Perdue parties to a deed bearing the date 11th of October 1855 and hereto annexed personally appeared before us in our county aforesaid and being examined by us privately and apart from her husband and having the deed aforesaid fully explained to her acknowledged the same to be her act and deed and declares she has willingly signed, sealed and delivered the same and that she wishes not to retract it. Given under our hands and seals the 11th day of October 1855. Lewis Dillon (seal) J. H. McNeil (seal) Additional Comments: Isaiah Perdue married Mildred Wingo 10 Oct 1815 in Franklin Co., VA. Milly sued Isaiah for divorce but then dropped the suit and settled on a separation. Their "unhappy difference" reportly was the result of Isaiah's interest in one of his slaves. Mildred "Milly" died 6 Jan 1862 and was buried with her daughter Martha on the Dudley Farm in Franklin Co., VA. Isaiah died 1 May 1866 and was buried on his farm among his slaves. File at: http://files.usgwarchives.net/va/franklin/deeds/perdue107gdd.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 6.1 Kb