DEED: James M. Hight Deed of Trust, 1855 SOURCE: Nelson County Deed Book 14, Page 306 CONTRIBUTOR: Sylvia Ray ------------------------------------------------------------ This Deed made the 27th day of July 1855 between James M. Hight of the one part, and Hesekiah Jones of the other part, both of the County of Nelson in the State of Virginia, witnesseth that the said James M. Hight for and in consideration of the sum of one dollar in hand paid, doth grant unto the said Hesekiah Jones the following property to wit: one tract of land near Jonesboro in the County aforesaid containing about seventy acres and adjoining the lands of Parrish Dillard, Harris, and others, one house and lot in the Village of Jonesboro, it being the same now in the occupancy of the said grantor, and one other tract of land bought of R. S. Ellis, being on the waters of Hat Creek adjoining the land of P. Height, Samuel Stevens and others, and after deducting the parcels of said tract heretofore sold to different persons, supposed to contain about two hundred and fifty acres, such right, title and interest the grantor may have in that property belonging to the estate of Lawrence Wills, deceased, and now in the possession of his widow as her dower portion, one horse, 10 head of cattle and about 25 head of hogs and their increase, all carpenter and mill rights tools, household and kitchen furniture consisting of beds, bedding, tables, chairs and all plantation tools and farming utensils, two threshing machines, 1 set mills gear, the entire crops of wheat, tobacco, and corn on hand and that growing, the rents due from Preston Lawhorne on that part of the place she rented of the said grantor, all moneys due by bond, open account or otherwise or their evidence as of debt, and to be more comprehensive all property of every description whatsoever real, personal or mixed belonging to the grantor whether specified in this deed or not is hereby conveyed to the said Hesekiah Jones, in trust, first to secure the payment of such debts as may be found owing from the said grantor to the following persons: D. R. McAlexander, Alexander W. Patterson, John H. Height, Morgan W. Aistrop, Coleman Kidd, Constable, S. B. Dennie, Joseph Shelton, George W. Hughes, Marble Coffey, Benjamin Coffey, James Butler, Thomas Fitzpatrick, W. Fitzpatrick, W. Carrington, and other debts the said grantor may now owe and not remembered by bond or open accounts now due it being his intention to secure all of his just debts, the said Hesekiah Jones to carry into effect the foregoing object is hereby authorized and empowered to collect forthwith all moneys due the said grantor and should that be insufficient to discharge the above mentioned liabilities, to sell the crops of tobacco and grain on hand and growing, and such other perishable property as will be ample to pay the said debts, the terms of sale and time and mode of advertising are left to his discretion. After the payments of such debts as have been herein before specified then the residue of said property and personal and mixed is hereby granted to the said Hesekiah Jones in trust for the use and benefit of Geales Height, wife of the said grantor for her natural life and at her death to the children of the said Geales Height by the said grantor begotted in fee simple. Subject however to the following conditions set: the said grantor shall act and is hereby constituted and appointed the agent of his said wife, and as such shall have as full control and management of the said property as though this deed had never been executed. If it is deemed advisable by the wife of him the said grantor and the said Hesekiah Jones, the real estate aforesaid and personal property shall be sold by the said Jones and the proceeds thereof invested in real and personal property or either in any county in the State of Virginia or any State or Territory of the United States, the children of the said grantor are to be supported and educated from the proceeds of the said property and to live with the grantor and their mother until circumstances arise which may require them to leave and embark in business for themselves, the said Hesekiah Jones shall have the power to consign to the said children as they become of age or marry such parts of the property aforesaid as may be a reasonable allowance considering the object of this deed to make them all eventually equal in the distribution of the property, provided however, that the said Geales Height is willing that such distribution be made in her life time and specifies the amount to be thus conveyed by the said Hesekiah Jones and the said grantor reserves to himself a competent support and maintenance out of the proceeds of such property during his natural life and should he survive said wife the property hereby conveyed is not to be distributed amongst his children until after his death unless he consents to such distribution before that event occurs. Witness the following signature and seals. James M. Hight {seal} State of Virginia, Town of Staunton, to wit: I, James F. Patterson, Clerk of the Court of Hastings for the Town of Staunton in the State of Virginia, do certify that James M. Height who name is signed to the above deed bearing date on the 27th day of July 1855 acknowledged the said writing to be his act before me in my office, and desired that I should certify his said acknowledgment to the Clerk of the County of Nelson County in order that the said deed may be recorded. Given under my hand at the Clerk's Office of the Court aforesaid, the twenty seventh day of July 1855. James F. Patterson, CLK In the Clerk's Office of Nelson County Court August 25th 1855. This Deed was presented in said Office duly certified as to the acknowledgment of James M. Height before the Clerk of Corporation Court of Staunton and admitted to record. Teste: C. M. 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