Aliff Middleton to Dan Smith Deed of Trust Franklin Counrty MS AHGP

 

 

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


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