David Burney & S Ann Jarman To David W Lawson Deed 17 October 1839
(Transcribed by Joan S Dunn)
Deed Book 12 Page 98, 99, 100, 101, 102, & 103
David Burney & S Ann Jarman To David W Lawson
Deed Trust
This indenture made the Seventeenth day of October in the year of our Lord One Thousand
Eight hundred and thirty nine between David Burney of the County of Columbus and State
of North Carolina of the first part SAnn Jarman of Duplin County and State aforesaid of
Duplin County the second part and David W Lawson of Lenoir County of the third part
witnesseth that whereas a marriage is agreed upon and intended shortly to be had and
solemnized between the said David Burney and S Ann Jarman and it is agreed by and between
the said David and S Ann that all the Real and Personal Estate belonging to the said S Ann
Jarman should be conveyed assigned settled and assured to the uses upon the Trust for the
intent and powers provisions declarations and agreements herein after limited expressed
and declared of and concerning of the same respectively now This Indenture witnesseth
that in pursuance of and fulfilment of said agreement and for and in consideration of
said intended marriage and for conveying settling and assuring the property herein after
mentioned to be hereby granted or intended to be granted with the appurtenances thereunto
belonging to the uses upon the trust for the intents and purposes and by with under and
subject to the powers provisions and agreements herein after limited expressed and declared
of and concerning the same and in consideration of the sum of five Dollars to the said S.
Ann Jarman by the said David W. Lawson in hand paid at and before the signing and sealing
& delivery of these presents the receipt whereof is hereby acknowledged and divers other
good causes and valuable considerations the said S. Ann Jarman hereunto mooving all testified
by the signing sealing and delivery of these presents by the contracting parties hath
granted bargained sold aliened and confirmed and by these presents doth grant bargain sell
alien and confirm unto the said David W Lawson his heirs and assigns the following described
property viz one tract land containing by estimation four hundred and forty four acres on
the south side of Burncoat Swamp in the County of Duplin Begining at a Holly at the mouth
of line branch and runs south 25 Et one hundred and sixty poles to a pine then North 65 Et
about fifteen Poles to a pine the second corner of a Patent granted to Lewis Barns then So
55 Et one hundred and twenty seven poles to a Lob loley bay in White oak Swamp then North
80 Et one hundred and forty poles to a gum then So 72 Et 80 poles to a stake thence So 20
Wt 48 poles to a Red oak then No 25 wt 78 poles to a stake Maxwells corner thence with James
H Jarmans line to the giving line of a patent granted to Anthony Williams then with the same
to the begining and also Ten Negroes (Viz) Arnold Morris, Peter, Silas, Dilcy, Beady, Jonas
Leah Benjamin Mirhia and Mary in care of Gard. to have and to hold the said 446 acres of land
Ten Negro Slaves with all and every part and discription of Real or personal property which
the said S. Ann Jarman is intitled or can in any wise claim or have title to as one of the
lawful Heirs of her late father McLlendal Jarman with the appurtenances thereunto belonging
to the said David W. Lawson his Heirs and assigns to the uses upon the trust and for the
intents and purposes and by and with under and subject to the powers provisions declarations
and agreements between the parties covenanted and made here in after limited expressed and
declared ofa and concerning the same that is to say to the use of the said S. Ann Jarman her
heirs and assigns untile the said intended Marriage shall be had and from and immediately
after the Solemnization there of to the joint benefit and behoof of the said David Burney and
Ann Jarman there to be his wife during covturn without impeachment of wast the said Property
to be in no wise subject for the debts or to the contracts of said David Burney and in case
the said David Burney shall happen to survive the said S. Ann Jarman (to whom he is to be
married) then the said Estate consissting of 446 acres Land Ten Negro Slaves & other property
in the hands of the Guardian of S. Ann Jarman as aforesaid herein conveyed to the sole and
exclusive use of the said David Burney during his natural life and upon trust and that the
said truster shall and will if their is no child or children of the said Marriage living when
ever required convey with sufficient assurances of title the within named and Bargained Lands
Slaves & other property and their increase in absolute property to the said David Burney but
in case their should be a child or children living then to the use of the said David Burney
his natural life and then at his death to his heirs begottin of the Said Sarah Ann Jarman
and in case the said S Ann shall happen to survive the said David Burney then to the sole
and exclusive use benefit & behoof of her the said Ann her heirs Exectors Adms or assigns
and upon trust that the said Trustee will when ever thereto required convey it in fee simple
and absolute property and by sufficient assurunces of title both the real and personal extate
before mentioned consisting of ---- acres of land ten Negroes Slaves and other property now
in the hands of Guardian with all the appurtenances thereunto belonging with the future increase
thereof and the said S Ann May at any time hereafter not with standing her coverture by and
Deed or deeds instrument or Instruments in writing to be sealed and delivered by her in the
present of two or more creditable witnesses or by last will and testament in writing to be by
her in the presents of two or more creditable witness signed and published shall have power to
limit direct or appoint and in default of any such limitature direction or appointment to the
use of all and every the Heirs at law of the said S Ann as aforesaid and by direction or Request
of the said S Ann the intended wife of the said David Burney such request to be in writing and
assigned by two creditable witnessess she shall have power to make any partition or division as
sole by the said Trustee who is lawfully authorised ti perform do and execute all such matters
and things by her the said Ann Required in writing as aforesaid the said Sarah Ann shall also
have power to select and appoint a trustee or Trustees in the event of the death Resignation
default or refusial to serve of any Trustee or Trustees here after appointed by virtue of these
presents and such trustee or trustees when appointed as aforesaid under a written eommission as
aforesaid to the uses upon the trust for the intent and pruposes by these presents contemplated
and by and with under and subject to the powers provisions declarations and agreements therein
expressed and declared shall be to all interets and purposes as fully and as lawfully authorised
to act do and perform all the Requisitions and requirements contemplated and intended by these
presents as the present trustee who is aparty to this insturment is by law Authorised to do
In testiomony whereof the said parties to these presents do here unto set their hands and seal
the day & date first above Written signed sealed and delivered in the present of us
David Burney
Sarah A Jerman
D W Lawson
Jarrus H Jerman
Jas Burney
The words and then at his death to his heirs begotten of the said Sarah Ann Jarman interlined and
inserted before the signing & sealing hereof J H Jerman Jas Burney
State of North Carolina Duplin County Court of please and Quarter Sessions October term 1839
The execution of the annised deed of trust is duly proved in open Court by the oath of Jarrus H
Jerman one of the subscribing witness thereton & is ordered to be Registered
Copy N Routledge Rgr
Test James Dickson Clk
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