Spotsylvania-Chesterfield-Petersburg City County Virginia USGenWeb Archives Deed.....Powell, Cole And John - Powell, Thomas November 1, 1807 ************************************************ 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: Mary Jean Zimmerman edzimm@aol.com September 29, 2011, 11:56 am Assigned To: Edward D. Powell Deed of Trust / Slaves Written: November 1, 1807 Recorded: April 29, 1808 Spotsylvania County Va. Superior Court Records --- Deed Book F – pages 284, 285, 286 – 1807 & recorded 1808 This indenture made and executed on this first day of November in the year of our Lord one thousand eight hundred seven by and between THOMAS POWELL of the county of Spotsylvania the Commonwealth of Virginia of the first part. COLE POWELL of the County of Chesterfield and JOHN POWELL now of Petersburg of the second part and EDWARD D. POWELL commonly known & called EDWARD POWELL of the town of Petersburg (all in the same State) of the third part. Witnefseth as followseth that is to say~ Whereas the said THOMAS POWELL is justly indebted to the said EDWARD POWELL in the some of three thousand two hundred seventy one dollars ($3,271) current money of Virginia of the united States of America as per bond executed & bearing date of the twentieth day of this month and the payment of which the said THOMAS POWELL is willing and anxious to secure to the said EDWARD POWELL and as both the said THOMAS POWELL and EDWARD POWELL epouse the highest confidence in the said COLE POWELL and JOHN POWELL & therefore wish to appoint them trustees with adequate powers for the purpose of securing indefeasibly Debt Now therefore This indenture Sheweth that the said THOMAS POWELL for and in consideration of the premises for the further consideration of ten dollars (S10) of like money to him in hand paid at and before the Sealing & delivery of these presents by the said trustees COLE POWELL & JOHN POWELL the full receipt whereof is hereby acknowledged & the said COLE POWELL & JOHN POWELL & their legal representatives are hereby released & discharged forever there from & from every part of it. Hath granted bargained, sold, aliened, delivered & absolutely confirmed, & the said THOMAS POWELL hereby doth grant, bargain, sell, alien, deliver & absolutely confirm to the them the said COLE POWELL & JOHN POWELL and the survivor of them and the legal representatives the folloiwing & other property that is to say twelve (12) slaves namely LEWIS a negro man, MARY a negro woman, PENNY a negro woman, ? IELINEA a negro woman daughter of the said woman Penny ther chile named OSCAR and PETER a negroe boy, ISAAC a negroe boy, SPENCER a negroe boy, PHILL a negroe boy & BEN or BENJAMIN a negroe boy which last mentioned five negroe boys are brothers and children of the said woman PENNY. And JUDY a negro girl & Malvina a negro girl. Also children of the said negroe woman PENNY and all the future increase of the females of them. Also seven feather beds & furniture complete & one large square dining table & two end tables fitting the same and two round card tables all of Mahogany & now in pofsefsion of THOMAS POWELL with the said slaves To have hold occupy & pofsefs the said twelve slaves and the future increase of the females of them and the said beds and tables to them the said COLE POWELL & JOHN POWELL and their survivor & executors administrators & afsigns of said Survivor. To the only proper use & behoof of them the said COLE POWELL & JOHN POWELL & the Survivors of them & legal representatives before specified of said Survivor and the said THOMAS POWELL he himself & his heirs executors and administrators, covenants and agrees with the said COLE POWELL and JOHN POWELL & their survivors & lawful representatives of said survivors, shall and will warrant and always defend against all persons whomsoever lawfully claiming the same. In trust neverthelefs & the trust intent and meaning hereof is that is the said THOMAS POWELL if living or his executors or administrators if said & faithfully pay & satisfy to the said EDWARD POWELL his executors administrators or assigns but shall fail to pay the said sum of three thousand two hundred and seventy one dollars with legal interest thereon from this time till paid--- on or before the complete expiration of one year from this time, then & in that case the said trustees COLE & JOHN POWELL, or their survivor or the executor or administrator of such Survivor, shall as soon as the said EDWARD D. POWELL or his executors administrators or afsigns shall require same at any time after expiration of the said year expose to public auction to the highest bidder for ready money, the slaves and the intermediate increase of them if any, and also the said feather beds and other furniture or a sufficiency thereof to pay the said debt & interest & the contingent necessary expenses of the Sale & that signing & recording this deed & shall pay the same debt & interest to the said EDWARD POWELL or his lawful representatives the said expenses to be first paid/ & the balance if any to be restored & paid to the said THOMAS POWELL or his representatives in law---provided however nevertheless that before any sale shall be made of the said property or any part of it, four weeks previous public notice shall be given of the intended time & place of Sale in the FREDERICKSBURG GAZETTE or any other gazette nearest to the place of residence of the said THOMAS POWELL with whom the said property is in the mean time to remain. The said THOMAS POWELL covenants for himself & his heirs executors & administrators with the said trustees & with the said EDWARD that he shall not impede or obstruct, hinder or delay directly or indirectly the said intended sale of the property, should the same become necefsary, but that he will aid & facilitate the same by all reasonable means in this power. The said COLE POWELL & JOHN POWELL covenant and agree with the said parties THOMAS POWELL/EDWARD POWELL, that they & their representatives in law before specified shall faithfully perform the duties & discharge the trusts hereby required of & reposed in them, but it is understood that the some of one hundred & forty six pounds (146 lbs) of current money payable on the 6th June 1809 to JOSEH FOX is a part of said debt & said FOX having a prior lien by debt for the same on said slaves, said EDWARD has asfumed to pay the same. In testimony whereof the said THOMAS POWELL, COLE POWELL, JOHN POWELL, & EDWARD POWELL have hereunto subscribed their names & affixed their seals on this day & year herein first before mentioned. The ???? “part” interlines before the execution & delivery hereof: THOMAS POWELL COLE POWELL JOHN POWELL EDWARD POWELL Witnefsed in the presence of: Joho Baker Wm. Tisdale B. M. Harrison Fredericksburg District Court April 29, 1808 This Indenture of Trust for Slaves was acknowledged by the said THOMAS POWELL an ordered to be recorded as to him~ Additional Comments: The above Thomas, Cole, John and Edward (D)Powell are believed to be sons of Thomas Powell, surgeon in the Continental Line of the Revolutionary War from Spotsylvania Co. Va. See Military Land Warrants 7722 and exchange warrants 249- 255 plus 8417 & 8418 File at: http://files.usgwarchives.net/va/spotsylvania/deeds/powell18dd.txt This file has been created by a form at http://www.poppet.org/vafiles/ File size: 7.6 Kb