Estate Settlement (Anderson/Jones)

Transcript follows: 

“Georgia, Liberty County } Whereas the following real estate, to wit a tract of land lying in thesaid county of Liberty adjoining lands of Estate of R.Y. Quarterman lands of Estate of William Anderson, and Elizabeth S.L. Jones, containing fifty eight acres more or less situate in Walthourville and known as the Parsonage House & lot; the following slaves to wit, Sarah Leonard and Paul belonging to the trust estate of Joseph A. Anderson and his children by his late wife Evelyn formerly Evelyn E. Jones (the said trust Estate having been created by a marriage settlement between the said Evelyn E. the said Joseph A. and Charles B. Jones and Henry H. Jones as Trustees made and executed on the Eighteenth day of January Anno Domini Eighteen hundred and forty three) have been sold by the said Joseph A. Anderson for the aggregate sum of thirty five hundred dollars which sum of money has been received by the said Joseph A. Anderson; and whereas it is desirable to replace the said property so as not to have the said trust Estate diminished, now therefore this indenture made and entered into this twenty sixth day of February Anno Domini Eighteen hundred and fifty nine between the said Joseph A. Anderson of the said County and State of the one part and Henry H. Jones of the same place of the other part as the surviving trustee under the marriage settlement aforesaid Witnesseth that the said Joseph A. Anderson as well for and in consideration of the aforesaid sum of thirty five hundred dollars received by him as the proceeds of the sale of the said Real and Personal Estate hereinbefore described, as for and in consideration of the sum of ten dollars, to him in hand well and truly paid by the said Henry H. Jones as Trustee as aforesaid before the sealing and delivery of these presents the receipt whereof is hereby acknowledged has bargained and sold, and by these presents does bargain and sell unto the said Henry H. Jones as surviving trustee under the marriage settlement as aforesaid and his executor administrator and assigns all that tract or parcel of land situate & lying in the village of Walthourville in the said County of Liberty containing fifty acres more or less adjoining lands of Mrs. Harriet S. Handley, Estate of R.Y. Quarterman and of Mrs. Elizabeth S.L. Jones and know as the former residence of Mrs. Mary Anderson, also that other tract of land lying and situate in the County & State aforesaid containing seven hundred acres more or less adjoining lands of Thomas Quarterman, Mrs. E.S.L. Jones, Mrs. Harriet Handley and Estate of C.B. Jones the said last mentioned tract being known by the name of the “Drive” plantation & having been formerly a part of the estate of William Anderson late of said County deceased, also a negro slave, a man named Will. 

To Have and to Hold the said described property both real and Personal unto himself the said Henry H. Jones as Trustee aforesaid, his heirs Executors administrators and assigns upon such uses trusts, conditions and limitations as are contained and expressed in the marriage settlement aforesaid, which was recorded on the Seventh day of March Anno Domini Eighteen hundred and forty three, in the Clerk’s office of the Superior Court of said County in Book M folios 40, 41, & 42, the said bargained property being designed to be substituted as trust property under said settlement in lieu of the first mentioned real and Personal Estate sold by the said Joseph A. 

And the right and title in and to the said bargained property, and the right to the quiet enjoyment of the same without let or hindrance from any one whatever, the said Joseph A. Anderson for himself, his heirs Executors and administrators unto the said Henry H. Jones as trustee as aforesaid his heirs executors administrators and assigns, does hereby warrant and covenant, and by these presents will forever warrant defend and covenant against himself the said Joseph A. Anderson his heirs and assigns and against all and every other person or persons whatsoever. 

In the eighth line from the beginning the word “lately” erased and on the 10th line from beginning the word “as trustee” interlined before signing and delivering. 

In Witness whereof the said Joseph A. Anderson has hereunto set his hand and seal and delivered these presents this twenty sixth day of February Anno Domini 1859. 

In the last line of first page “Witnesseth that” interlined before signing. 

Signed sealed and delivered in presence of W.H. Butler. Joseph Ashmore J.P. 

[Signed by Jos. A. Anderson]

Recorded this 23d April 1859. S.A. Fraser, Clerk.