Fauquier County Deed Book 95, pg 150-152 21 Nov 1904 Charles J. Nourse, Annie C. Nourse, and Mary J. Nourse and James B. Nourse This deed made and entered into this 21 day of November 1904 by and between Charles J. Nourse of the first part, Annie C. Nourse of the second part and Mary J. Nourse and James B. Nourse of the third part. Whereas the said party of the first part is justly indebted to the said parties of the third part in the sum of six thousand dollars as follows, four thousand dollars to said Mary J. Nourse and two thousand dollars to said James B. Nourse with interest on both of said sums at three per cent per annum from date hereof which said sums of money are furnished by said parties of the third part to pay aff [off] a mortgage or deed of trust given by said Chas J., and Annie C. Nourse to G.L> Fletcher trustee to secure A. and T.N> Fletcher a debt of six thousand dollars, said deed of trust being recorded in the Clerk's Office of the Circuit Court of Fauquier County, which said sum so furnished by said parties of the third part, said Annie C. Nourse agrees to pay and the interest thereon as hereinafter set forth; And whereas by payment of said debt due to Fletcher by said parties of the third part, said Nourse, party of the first part, is relieved of all indebtedness with the exception of said amounts due said parties of the third part; And whereas said Charles J. Nourse desires by this deed to secure to said parties [pg 151] of the third part the amounts advanced by them as set out above and to convey to said party of the second part a certain tract of land called "Weston" and hereinafter more particularly described, subject however to said debt due to said parties of the third part; the object and purpose being to secure said debt and to provide a home for said party of the second part and her children, being the children of the parties of the first and second part now born or that may hereafter be born. NOW THEREFORE THIS DEED WITNESSETH - that for and in consideration of the premises and further consideration of the assumption by the said party of the second part of the payment of the debt due to said parties of the third part, being the amount advanced by said Mary J. Nourse, fourth thousand dollars and the amount advanced by said James B. Nourse, two thousand dollars with interest on both sum at three per cent per annum and the further consideration of the advancement by said parties of the third part to said party of the first par, (which last consideration inures as well to said party of the second part as said party of the first par) of said sums of money, the said party of the first part hath given, granted, bargained and sold and doth by these present give, grant, bargain, sell and convey unto the said party of the second part with general warranty of title, all that certain tract or parcel of land lying and being in Fauquier County and State of Virginia and known as "Weston" and situate on the waters of Turkey Run near Casanova in said County it being the same tract of land that was conveyed by Berkley Ward and wife by deed bearing date of the 30th day of December 1859 and of record in the Clerk's Office of said County in Deed Book #57 page 439 to which deed reference is here made for a more particular description of the property hereby conveyed and contains four hundred and sixty eight acres, three roods and thirty five and five tenths poles (468 A 3 R & 35 5/10 P) be the same more or less. And said party of the first party hereby reserves a lien on said tract of land hereby conveyed for four thousand dollars in favor of said Mary J. Nourse and for two thousand dollars in favor of said James B. Nourse both sums to be secured equally and with interest on each at three per cent per annum. And it is agreed between said parties of the first and second parts and said parties of the third part that in the event said party of the second part shall fail to pay the taxes on said premises or the insurance against fire on the dwelling on said premises, that said parties of the third part or either of them shall have the right to pay said taxes and insurance and to charge the sums so paid to said party of the second part as a part of the debt hereby secured to said parties of the third part or to either of them as the case may be and said sums so paid for taxes or insurance shall also bear interest at the above rate of three per cent from date of such payment. And it is further agreed between said parties of the first and second part that said party of the second part shall have the right to sell and dispose of the tract of land hereby conveyed, but should she do so she shall first pay the debts hereby secured to said party of the third part as above provided and secured and after the payment of said debts said party of the second part shall reinvest the surplus derived from the sale of said tract of land after the payment of said debts in some good interest bearing bonds or in real estate and in making such investment said party of the second part shall consider the safety of said investment as of first importance of the rate of interest to be received. And the income from said overplus invested as above directed shall be used by said Annie C. Nourse party of the second part for the support of herself and her children by her said husband, Charles [pg 152] J. Nourse. But said farm is not to be sold until said party of the second part shall think it advisable and that a satisfactory price can be obtained for it. Should the said party of the first part Charles J. Nourse, continue to manage and farm said tract of land hereby conveyed, it shall be as agent or manager for said party of the second part and no debt or obligation which he may contract as such manager shall be a lien on the said tract of land hereby conveyed but parties with whom such debts or obligations shall be contracted shall look to the crops alone on said premises or to the personal property of said Charles J. Nourse for payment of same and no responsibility therefor shall attach to said Annie C. Nourse or her children in whom the title to said property is vested. As an evidence of the debts hereby secured to said parties of the third part, said party of the first part has executed his bonds to them of even date herewith for the amounts respectively due them. And said party of the second part signs and acknowledges this deed as evidence that she accepts the provisions thereof. TO HAVE AND TO HOLD the above described premises unto the said party of the second part and her children as above provided, together with all rights, ways, privileges and appurtenances thereunto in any wise belonging in fee simple, subject however to the lien in favor of said parties of the third part for the amount of their respective debts hereby secured and to the agreements and stipulations above set out. Witness the following signatures and seals the day and year first above written Charles J. Nourse, A. C. S. Nourse, State of Virginia, Fauquier County, to wit:- I, Edward Carter, a Notary Public in and for the State and County aforesaid, do hereby certify that Charles J. Nourse and Annie C. Nourse his wife, whose names are signed to the writing above bearing date on the 21st day of November 1904, have acknowledged the same before me this day in my County aforesaid. Given under my hand this 21st day of November 1904. My commission will expire on the 1 day of Mar. 1906. Edward Carter, Notary Public Clerk's Office of Fauquier Circuit Court, November 21st 1904. 12. M. This deed was this day received in said Office and with certificates admitted to record. Teste: Jno. R. Turner Clerk