Deed Book O Page 166 Transcription

Date: 12 Apr 1856 [unknown]
Location: Union, Kentucky, United States
Surnames/tags: Brady Huston

Transcription

”This Indenture made this 12th day of April 1856, by and between George Huston and Sally N. Huston his wife of the first part and Nancy Brady of the second part. Witnesseth that whereas Dr. F. C. Brady departed this life intestate leaving the said Nancy Brady his widow and Sallie W. wife of Geroge Huston his sole heir at law, possessed of real, personal and mixed estate and whereas the said parties have agreed to settle adjust and fix their respective interests in said estate and have agreed as follows. Therefore this Instrument made to settle and adjust & determine the same Witnesseth that the said George Huston & Sally N his wife have bargained and sold in fee simple to the said Nancy Brady a negro Girl named Julian of mulatto color, about sixteen years of age to be disposed of by said Nancy Brady in any manner she may think proper. The said Huston and wife hereby grant unto the said Nancy Brady for & during her natural life the following slaves (towit) Tom, Jack, Jude, and Florence, to be used by her during her natural life and at her death to go and belong to said Sally N. Huston wife of George Huston and also for and during the period aforesaid, the right to use & enjoy the one equal third part of one Hundred acres of land purchased of Spalding, and the one third of Twenty acres purchased of Willett, also the right to use and enjoy during her natural life, the House & premises where she now lives, in Morganfield, also to use and enjoy the one third part of all the livestock farming utensils and Household & Kitchen furniture now on hand with this express understanding that upon the termination of the life estate of her Nancy Brady in each and every one of the aforesaid articles of property except the Negro girl Julian an herein before provided and her future increase and likewise the sum of Two thousand Dollars hereinafter specified It is further agreed between the parties & said Geo Huston hereby binds himself to pay to said Nancy Brady the sum of Two thousand dollars five hundred to be paid at any time after sixty days notice, said sum is needed and the residue fifteen Hundred Dollars payable on demand after the expiration of two years from this date, said sum of Two thousand dollars is and belongs to said Nancy Brady absolutely to be disposed of by her in any way she may desire said sum of Two thousand dollars is not to bear interest except from date of demand, the balance of said property except the Girl Julian and said sum of Two thousand after termination of said life estate, belongs to said Sally W wife of George Huston and she said Nancy Brady grants to said Sally W. Huston, a negro man named Harry, a girl named Charlotte, a boy named Linus, a girl Rachel, a girl named Eliza, a boy named Elany and one Girl children named Patsy and Clara about thirteen years old together with the remainder after the death of her the said Nancy in Tom, Jack, Jude & Florence and Judy’s & Florence’s increase hereafter, also the rest and residue of the whole estate of ??? the said Dr F.C. Brady now dec’d real personal and mixed, subject to the following. It is hereby declared that she the said Nancy Brady has no other or future claim to the estate aforesaid and that the foregoing is in lieu of Dower in said estate and also in lieu of any & all claim that she has for any money or property she may have held at the time of her marriage and that may have been sold since or otherwise disposed of. It is understood that the said Nancy has no further claim to any money that is due or to become due to said estate & whereas a suit is now pending of Powell’s Executors for the recovery of over one Hundred dollars and another suit to recover from Cockerills Securities. Now if any thing is recovered in either of said suits or in any other suit or suits that may be brought against said estate of Dr. Brady she the said Nancy is to contribute and pay the one third part thereof out of the property herein conveyed to her during her life and in no event is the property hereby conveyed to here in fee simple, to be subject to or liable for any of said claims against said estate and in claims agst said Dr Brady as security or otherwise the one third thereof is to be paid exclusively out of the life estate property and it is agreed further that the said Geo Huston administrator of said Dr Brady is to manage & control the debts, dues and demands for and against said estate free from the control of her the said Nancy and not to be required to make any exhibit or account whatever of his actings as such administrator. If either party shall at any time desire a division of said land and personal property the same shall be made by two disinterested men chosen by the parties and it is expected that the slaves and land shall be worked in common for the benefit of both parties so long as they agree it is understood that no hire or rent is to be charged or exacted from either party but the produce of the farm is to be used & enjoyed by both and any surplus sold is to be divided one third to her said Nancy, but the expense of farming and of the families is to be first deducted Geo Huston and wife doth and will warrant & defend the property hereby granted unto Nancy Brady from & against themselves and their Heirs to the extent granted and she the said Nancy Brady shall and doth warrant and defend the aforesaid property granted unto said Sally N. Huston from and against herself and her Heirs and the Heirs and devisees of her first husband and all persons claiming by through or under either. Geo Huston, Nancy Brady, Sally N. Huston.

Sources

• 1856 George & Sally W. Huston division of estate to Nancy Brady. Kentucky, Union County, County Court Clerk, Deeds, Vol. O, pp. 166-168, 12 April 1856, digital images 99-100 of 607, FamilySearch.org ([1]: accessed 31 March 2023)