Silas Scarborough (abt. 1805 - 1857)

This indenture made this first day of June in the year of our Lord one thousand eight hundred and twenty between Lawrence Scarborough of the County of Jefferson in the State of Mississippi of the first part and Ashel Gardner of the County aforesaid and Brian Gardner of the County aforesaid both of said State of the second part,

Witnesseth, that the party of the first pert for and in consideration of the trust and confidence hereinafter mentioned, and for and in consideration of the sum of one dollar to him in hand paid by the said parties of the second part at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged hath given granted bargained sold and delivered and by these presents doth grive grant bargain sell and deliver unto the said parties of the second part, for the uses and purposes hereinafter mentioned and to and for no other use or purpose whatever the following real and personal estate that is to say, one quarter section of land, being the tract on which I now reside on the middle fork of Homochitto in the County of Jefferson aforesaid, also one other quarter section of land adjoining the above on the waters aforesaid, also one half quarter section of land adjoining the one last above mentioned to be conveyed to me by Ananias Pate for a more particular description of said lands reference may be had to the several certificates therefor granted by the United States at their land office at the Town of Washington. Also all my stock of horses cattle sheep and hogs household and kitchen furniture with the exception of one riding horse which the said party of the first part reserves for his own use. To have and to hold the said real and personal estate to them the said parties of the second part their heirs and assizns forever, in as hereinafter mentioned. Whereas it is the wish and determination of the said party of the first part to depart from the state aforesaid and go into other states to travel and to be absent for a great length of time and perhaps forever, and it being also the wish and determination of the said party of the first part to make suitable provision for his children and step children hereinafter mentioned out of the estate aforesaid, for their maintenance and support, it is therefore hereby declared to be the meaning and intention of these presents and of the parties thereto, that all the premises herein and hereby given granted &c and intended so to be, to the said parties of the second part, in manner aforesaid, are to be held deemed and taken in trust and Confidence for the following purposes towit, to Asa Scarborough son of said Lawrence shall be conveyed the horse saddle and bridle which he now has possession of and the sum of one hundred dollars shall be paid him out of the proceeds of the crop now crowing on the plantation on which the party of the first part now resides so soon as the same can be taker to market and sold by the trustees aforesaid. To Silas Scarborough son of said Lawrence shall be conveyed the one half of the quarter section of land, towit the northern half thereof which adjoins the quarter section on which the said Lawrence now resides as aforesaid and one sorrel horse to him the said Silas & his heirs forever. To Lawrence Scarborough, son of said Lawrence the other or southern half of said quarter section of land, the one half of which quarter section to be conveyed as above to the said Silas and bay horse to him the said Lawrence and his heirs forever. To John Scarborough son of said Lawrence the said half quarter section of land purchased of and to be conveyed by Annanias Pate as aforesaid and one sorrel mare to him the said John and his heirs forever. To Jackson Scarborough son of said Lawrence the quarter section of land on which said Lawrence resides as aforesaid and one roan mare to him the said Jackson and his heirs forever, but it is expressly to be understood that the said plantation is to be cultivated and held for the use and benefit and better support and maintenance of the said children of the said Lawrence so long as they are respectively under age, and no longer, and thereafter the same shall vest in the said Jackson & his heirs unconditionally. It is also understood that the said party of the first part shall pay the balance of the purchase money yet due on said several tracts of land. To Ruth Given, stepdaughter of said Lawrence and to Pamela, Catherine, Elizabeth, Martin and Lucinda sisters and brother of said, Ruth, and step daughters and son of said Lawrence, shall be conveyed one cow and calf to each of them on their arriving at fifteen years of age respectively and all the residue of the stock of every kind horses cattle &c shall be equally divided among Elizabeth, Patsey and Lydia Agness Scarborough daughters of said Lawrence which division shall take place in equal shares according to the number & value & quantity at the time of the arrival of each of the said three daughters at the age of fifteen years respectively. And we the said parties of the second part for ourselves our heirs executors and administrators do covenant promise and agree to and with the said party of the first part his heirs and assigns that they the said party of the second part will well truly and faithfully execute the several trusts reposed in us as aforesaid, and in case of the death of either of said trustees parties of the second part the survivor shall have and exercise all the trusts and powers herein granted & provided and in case of the death of both the parties aforesaid of the second part John Burch Esquire of said County of Jefferson is hereby nominated and appointed to execute the trusts herein above provided.

In testimony whereof the parties hereto have hereunto set their hands and seal the day above. The words on the first page "also one hundred dollars out of the proceeds of my growing crop and the words on the second page my son erased and the words son aforesaid Lawrence on the second page interlined before signing or sealing.

Signed sealed & delivered in presence of :

William Snodgrass, Eben'r Clapp, as to L. Scarbrough

Isaac A. B. Ross, Hiram Baldwin

Jefferson County, towit:

This day personally appeared before me Lawrence Scarborough of the State of Mississippi & County aforesaid and acknowledged the signature of L. Scarborough attached to the within writing to be his hand and signed & sealed by him for the purposes therein specified.

Given under my hand and seal this the 18th of July 1820.