Aliff Middleton to Dan Smith ( Deed of Trust)
Know all men by those presents, that Aliff Middleton of the county of Franklin
and state of Mississippi for and in consideration of the natural love and
affection which I bear to my two daughters Cassandra Ruth Middleton and
Elizabeth Middleton as well as for the sum of five dollars to me in hand paid by
Daniel Smith of this county of Adams and state aforesaid, at and before the
sealing and delivery of these presents the receipt where of is hereby
acknowledged have given granted , bargained and sold, & by these presents do
give, grant, bargain to sell unto the said Daniel Smith, his executors,
administrators and successors as herein after to be appointed the following
Negro slaves,
to wit, Lucinda a girl about twenty two years old, Cary an infant boy about one year old, Diley a woman about twenty eight years old, Hannah a girl about five years old, Ellen a girl about eight years old, Luvinia a girl about one year old.
To have and to hold the said above named Negro's & their offspring unto said
Daniel Smith and his Executor, Administrator and successor forever, upon the
following Special Trust & Conditions, to wit, upon Trust, to permit and allow
the said Aliff Middleton to take use, occupy and enjoy said above mentioned
slaves and then in crease, for and during the life time of her the said Aliff
Middleton, without any fine or award what so ever, to be paid therefore.
And upon the further trust, that in case both said Cassandra & Elizabeth shall
survive the said Aliff, then upon the decease of the said Aliff, to divide the
said above mentioned slaves and their said increase into two equal matches,
having them to regain to number & and value, and to convey and of said matches
to the said Cassandra & the other of said matches to the said Elizabeth, as
fully and completely, as the same are herein and hereby conveys to the said
trustee & his Executors, Administrator & Successor.
And upon the further trust, that in case either the said Cassandra or the said
Elizabeth shall die in the life time of the said Aliff, having no heirs of their
body, then upon the death of the said Aliff, to convey the whole of said above
mentioned slaves, as aforesaid to the said survivor. And upon the further trust,
that in case either the said Cassandra or the said Elizabeth should die in the
life time of the said Aliff, leaving heirs of her body, then to convey one of
the said matches of said slaves above mentioned to the said surviving sister
upon the death of the said Aliff and the other of said matches of said slaves to
the heirs of the body of the said deceased sister, upon the death of the said
Aliff - and upon the further Trust, that in case, both the said Cassandra & the
said Elizabeth, shall die in the life time of the said Aliff leaving heirs of
their bodies, then on the death of the said Aliff, leaving heirs of their
bodies, then on the death of the said Aliff and of said matches to be conveyed
to the heirs of the body of said Cassandra, and the other said matches to be
conveyed to the heirs of the body of said Elizabeth, and upon the further trust
that in case both of the said Cassandra and Elizabeth shall die in the life time
of the said Aliff, leaving no heirs of their bodies, then these presents to be
utterly null and void, and no effect or force either in law or equity or other
wise how so ever.
And it is further understood and agreed by and between all the parties to these
presents, that in case of the death of the said Daniel Smith, before the
fulfillment of the Trusts herein and hereby executes, or in case of his other
inability to perform, fulfill and execute said trusts, it shall and may be
lawful for the Judge of Probate for this time being, of the county of Adams and
state aforesaid as their in this vacation or in Term time upon the application
of the said Aliff, or the said Cassandra or the said Elizabeth, to appoint
another suitable person as trustee herein and hereby executes, and whose powers
and duties shall be the same for all intents and purposes or those of the said
Trustee herein nominated, constituted and appointed.
In witness whereof the said parties to these presents, and the said Daniel Smith
to signify his acceptance of the said appointment of Trustee herein made, have
hereunto set their hands , and seals this thirteenth day of January Anno Domini
eighteen hundred
and thirty seven.
Aliff Middleton (seal)
The State of Mississippi )
Adams County ) David Smith (seal)
Before me Ralph North, Clerk of the Probate Court in the County and State
aforesaid, personally appeared Allif Middleton and David Smith and personally
acknowledged that they signed, sealed and delivered the foregoing deed and on
this day and year, and for the purposes therein mentioned.
Given under my hand and seal of office the
30th day of January A.D. 1837
Ralph North Clk.
I certify that the foregoing Deed was received into my office to be recorded on
the 30th day January 1837.
Ralph North Clk.
Deed of Trust Book Y page 281 1798-1838 Film #0886.235
SLC Family History Library
Submitted by: Pauline Hallett, pollywog1930@aol.com
© 2002-2005 by Ann Allen Geoghegan for the American History & Genealogy Project
All rights reserved. This information may be used by libraries and genealogical societies, however commercial use of this information is strictly prohibited without prior permission of the owner. If copied, this copyright notice must appear with the information.