Bill of Sale (Walthour to Barnard)

On April 16, 1860, an indenture was made between W. Lowndes Walthour and Andrew Walthour, administrators of the estate of George W. Walthour, on one hand, and John B. Barnard, on the other, following a lawsuit in the Liberty County Superior Court April term 1860, on the equity side of the Court, in which Solomon Barnard and Ann Mary, his wife, and others, as the next of kin and heirs at law of George W. Walthour, sued W. Lowndes and Andrew Walthour, the administrators.
Result of the lawsuit was a decree directing that the below property should be conveyed by W. Lowndes and Andrew to a trustee. In the indenture, W. Lowndes and Andrew, for the sum of $5, sold to the complainants above “all that tract of land situate, lying and being in the County of Liberty, State aforesaid, and known and described as Oak Hill Plantation, containing six hundred and sixty five (665) acres, bounded north by North Newport River, on the East by lands of John B. Barnard and Roswell King, late deceased, on the South by lands of John B. Barnard and Solomon Barnard, and on the West by lands of Nathaniel Varnedoe, late deceased, Susan Cumming, and Charles C. Jones. Also all that tract of land in the County aforesaid being a part of the Fairfield Plantation bounded on the North by the aforesaid Oak Hill Plantation, on the South and East by lands of John B. Barnard, on the West by lands of the late Nathaniel Varnedoe, deceased and containing two hundred and twenty five (225) acres. Also Negro slaves Mary and Chance together with their issue and increase.”
Sale was to John B. Barnard in trust for Ann Mary Barnard, wife of Solomon Barnard, for her separate use and maintenance during her natural life, free from control by her husband, and after her death to go to any child. John B. Barnard shall be allowed to sell or dispose of this property if desired by Ann Mary, proceeds to be invested for her benefit. Witnessed by John M. Miller, James D. McConnell, N.P. Recorded on April 17, 1860, by Jesse Brewer, Clerk.