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