Henrico County, VA - Deed Book 53 (work in progress)

Wm. S. Crafton to Robt. Courtney Trust
Deed Book 53, page 434, July 25, 1848:

This Indenture made and entered unto the seventh day of 
July in the year of Christ Eighteen hundred and forty 
eight, by and between William S. Crafton of the County 
of Henrico, of the first part, Robert Courtney and William 
Jeffries of the same County of the second part, and 
Joseph C. Courtney, and Sarah E. Crafton wife of the 
aforesaid William S. Crafton, of the third part:  Whereas, 
the said W. S. Crafton is justly indebted to the said 
J. C. Courtney in the sum of Eighty-six dollars and sixty 
four cents lawful money of Virginia, by bond bearing date 
January the first 1848, and payable on demand to the said 
J. C. Courtney, and is desirous to secure the full and 
prompt payment of the said bond to the said Courtney, and 
whereas the said W. S. Crafton induced by esteem and 
affection for his aforesaid wife Sarah E. is also desirous, 
after the payment of all his just debts, to secure his 
Estate To his said wife Sarah E. and as far as possible, 
guard her against the vicissitudes of fortune:  Now this 
Indenture Witnesseth, that for and in consideration of the 
promises & for the further consideration of the sum of 
five dollars to him in hand paid by the parties of the 
second part, at or before the sealing and delivery of 
these presents, the receipt of which is hereby 
acknowledged, the said W. S. Crafton, hath granted, 
bargained, sold, assigned, transferred and set over, 
and by these presents doth grant, bargain, sell, assign, 
transfer and set over, unto the parties of the sec. 
part, these executors, administrators and assigns, all 
the property and estate, real, personal and mixed, of 
him, the said W. S. Crafton, in possession reversion, 
remainder or expectancy, consisting of all his household 
and kitchen furniture, one wagon and three sets of 
harness, three horses, fifty eight acres of land and 
the improvements thereon in the County of Henrico it 
being the same land allotted to the said Crafton upon 
the partition of the lands of his father Samuel Crafton 
decd., also all the right, title and interest of him, 
the said W. S. Crafton, that interest being one undivided 
seventh part, in and to the negroes and their increase 
belonging to the estate of his father Samuel Crafton 
decd.; also whatever interest of every kind, if any, 
which may hereafter accrue to the said W. S. Crafton, 
in right of his wife Sarah E., from the estate of 
William Jeffries, the father of the said Sarah E. - To 
Have and To hold the aforesaid property herein specified 
and conveyed, real, personal and mixed, whether in 
possession, reversion, remainder or expectancy, unto 
the said Robert Courtney and William Jeffries and the 
survivor of them forever, but for the purposes, uses 
and trusts following:  that is to say, that if the 
aforesaid sum of Eighty six dollars and sixty four 
cents due as aforesaid to J. C. Courtney, shall not 
be promptly paid upon  demand therefore, then and in 
that case, upon application of the said J. C. Courtney, 
it shall be the duty of the parties of the second part, 
after advertising the property herein conveyed and the 
time and place of sale, for ten days previous thereto, 
in some Newspaper published in the City of Richmond, 
to proceed to sell at public auction to highest bidder, 
upon such terms as may be agreed upon by the parties, 
so much of said property as shall be sufficient, to 
pay and satisfy the aforesaid sum of Eighty six dollars 
and sixty four cents and the legal interest that may 
have accrued thereon, and the expense attending said 
sale, and the balance of said property, (or if the 
aforesaid sum of $86.64/100 with legal interest thereon, 
shall be prompty and fully paid, then the whole of said 
property) shall be held by the said parties of the second 
part upon Trust, and for the uses and purposes herein 
after enumerated and specified; that is to say for the 
separate, sale and exclusive use and maintenance of the 
sd. Sarah E. during her life, and for use and benefit of 
such person or persons as she may, by Deed duly executed, 
or by last will and Testament in writing, give, appoint 
or devise it to, or so much of it as she may not during 
her life time, appropriate to her own use of otherwise 
dispose of, free from any control of her husband the said 
W. S. Crfton, and free from all liability for any debt or 
contract of the said W. S. Crafton which may, hereafter, 
be contracted:  and upon this further trust, that is to 
say, the said parties of the second part shall permit 
the said Sarah E. to retain, if she please, the possession 
of the aforesaid property and estate and use and enjoy 
the same, to rent, lease or hire out the same or any part 
of it, and to collect and receive the rents, hires and 
profits thereof, or they will do it for her and pay the 
proceeds over to her, when so requested by her, and that 
they, the parties of the second part of the survivor of 
them, will when requested by the said Sarah E. Take 
possession of the said property and estate, and the 
same managed as judiciously as they may, for her sole, 
separate and exclusive use and benefit; or convey, as 
signed and deliver it to such person or persons as she 
may be writing under her hand and seal, duly executed 
according to laws for the conveyance of real or personal 
estate (as the case may be) indicate and appoint.  And 
the said W. S. Crafton, for himself and his heirs, doth 
hereby covenant, that the said Sarah E. may make such 
disposition as she may think proper; of the aforesaid 
property and estate, by Deed or writing, or by last 
will and Testatment in the manner herein before provided, 
and that he, the sd. W. S. Crafton will not in any manner 
or by any proceedings whatever, impeach, resist or assail 
the same or any provision or stipulation of this Deed; 
and the said parties of the second part do hereby covenant 
and agree with the parties of the first and third parts, 
that they will severally observe, fulfil, perform, keep 
and execute all the stipulations and provisions of this 
Deed, on their part, and perform all the Trusts confided 
on them.  In Testimony whereof the parties have hereunto 
set their hands and affixed their seals this day and year 
first above written.

William S. Crafton   (seal)
Robt. Courtney   (seal)
Wm. Jeffries (seal)

This Indenture was acknowledged in the Clerks Office of 
Henrico County Court on the 25th day of July 1848, by 
William S. Crafton a party to the same and admitted to record.

Teste Loftin W. Ellett CHC

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