Book __, pg. 486
August 1859

Pre-marital Trust Agreement Between Sarah Wheeler & David Hudson

Georgia                              } This Indenture made and entered into this 28th day of July
Wilkinson County            }  eighteen hundred and fifty nine between David Hudson of the State and County of the first part and Sarah Wheeler of the same place of the other part.  Witnesseth that whereas there is now about to be a marriage had and solemnized between him the said David Wheeler and her the said Sarah Wheeler and they do hereby covenant and agree that all that tract of land (250) two hundred and fifty acres number not known but being the place whereon the said Sarah Wheeler now lives adjoining the land of H.L. Holder, John Holder, Jerusalem Shepherd and others with all the rights members and appurtenances to said Lot of land an any wise belonging or appertaining and three negroes to wit, Jacob a man of yellow complexion about twenty three years old, Frank a boy about eighteen years of dark complexion, Dick a boy about eighteen years of dark complexion all in the possession of the said Sarah Wheeler as well as her stock now on hand and household and kitchen furniture which last mentioned property stock and furniture is now and shall be hereafter subject to the control of the said Sarah Wheeler to do with as she may think proper and the said David Hudson not to be bound there for all of which above mentioned property shall form and remain to be her separate property and estate and shall not in law or equity be subject to the payment of the debts of the said David Hudson here to fore or hereafter contracted, but the titles thereof to vest in the said David Hudson in trust for her the said Sarah Wheeler, hereby reserving the rights of the parties to sell and dispose of any part thereof when mutually agreed upon and to make other purchases with the proceeds thereof.  And the said David Hu(d)son further covenants and agrees that said Sarah Wheeler may dispose of said property by will, Deed or otherwise at her death to any person or persons she may elect subject however to be used by the said David Hudson for the mutual benefit of him the said David Hudson and her the said Sarah Wheeler during the covertince?.  Ant the said Sarah Wheeler and David Hudson further covenants and agrees that the said David Hudson shall not be bound for any of the contracts, debts or liabilities of the said Sarah Wheeler heretofore contracted and the said David Hudson is to hold the property he now has or hereafter may acquire free there from subject to be disposed of  at his will.  The above agreement interlined? before signed, In testimony whereof the said David Hudson and Sarah Wheeler have hereunto set their hands and affixed their seals the day and year above written.  Signed, sealed and delivered in presence of
H.E. Hyman
Alexander Nesbit David Hudson
M.J. Thompson, J.P. Sarah Wheeler
                                   Recorded August 15th 1859
     George W. Tarpley, Clk.

Submitted by Keith Stevens


Eileen Babb McAdams Copyright 2004