Mary, etc.: Deed, Richmond City

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This deed made this 19th day of June in the year 1852, between James M. Smith, of Northumberland County in the State of Virginia, of the first part, Robert Howard of the City of Richmond and James Smith of Northumberland, of the second part, and Sarah A Howard wife of Charles Howard, of the City of Richmond of the third part: Witnesseth, that the said James M. Smith, in consideration of the natural love and affection which he has for his daughter the said Sarah A Howard, and the further consideration of the sum of one dollar to him in hand paid at and before the ensealing and delivery hereof, is desirous of conveying to her certain real and personal property hereinafter mentioned; and at the suggestion and request of her husband the said Charles Howard, testified by his signing and sealing this deed, agrees to convey the same to the said Robert Howard and James Smith as trustees for her exclusive benefit. The said James M. Smith, therefore, doth hereby grant and convey unto the said Robert Howard and James Smith and to the survivor of them, his heirs and assigns, a certain lot or parcel of land in the city of Richmond at the corner of Franklin and Madison streets, fronting forty five feet on the southern side of Franklin street, and extending on the eastern side of Madison Street one hundred and fifty five feet to an alley of 16 feet 8 inches width; which lot was conveyed to the said James M. Smith, by Joseph Mayo and Marianna [Mariana] his wife, by their deed dated the 1st day of July 1851, and recorded in the Office of the Court of Hustings for the City of Richmond on the 7th day of July 1851, together with the dwelling house and all the other other improvements on the said lot or parcel of land, and all the rights and privileges to the same belonging, also the following slaves, miss. Mary an old negro woman aged about sixty eight years, Amanda, a mulatto woman, about thirty two years old, Cornelia a mulatto girl about fifteen years old, Clara a mulatto girl about Eleven years old, and

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and Fleet, a mulatto boy, about eleven years old. To have and to hold the said lot and appurtenances and the said slaves, to the said Robert Howard and James Smith and to the survivor of them, his heirs or assigns forever- Upon trust however, that the said Sarah A. Howard shall be permitted to have the use and enjoyment of the same and to receive the rents, issues, profits and hires thereof, to her own use and benefit, without being in any way subject to any debts or liabilities of her said husband the said Charles Howard, whether present or future, during her natural life. And if at any time the said Sarah A. Howard shall so desire, the said Robert Howard and James Smith or the survivor of them, shall upon receiving from her a request in writing under her hand and seal attested by a subscribing witness, sell any or all of the said real property and slaves, and shall vest the proceeds in such other property, whether real or personal or stocks, as may be desired by her, by a similar writing, and which reinvestment shall be held in the same way and for the same uses as the property hereby conveyed, and this change in the character of the trust subject may be made, in the same mode, as often as the said Sarah A. Howard may desire. And the Sarah A Howard shall have power, by a writing in the nature of a last will and testament, in case of her death during the lifetime of her said husband, to devise and bequeath the trust subject as it may exist at that time, to any person she shall choose. And if she shall die without leaving such paper in the nature of a last will, during the lifetime of her said husband, and shall leave children surviving her, the trust subject as it then may exist, shall by the said Robert Howard and James Smith or the survivor of them, be conveyed to such children or child immediately on her death; and in case she shall leave such paper in the nature of a last will and testament, the said Robert Howard and James Smith or the survivor of them, shall

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shall immediately convey the said trust subject, as it then may exist, to whomsoever the said Sarah A. Howard shall so direct And in case the said Sarah A Howard, shall survive the said Charles Howard her said husband, the said Robert Howard and James Smith or the survivors of them, shall immediately convey the said trust subject as it may then exist, to her the said Sarah A Howard in fee But if the said Sarah A Howard shall die in the lifetime of the said Charles Howard her husband, and shall leave no child or children surviving her, and shall leave no writing in the nature of a last will and testament, the said Robert Howard and James Smith or the survivors of them, shall thereupon convey the said trust subject as it may then exist, to her right heirs, in feeWitness the following signatures and seals J M Smith seal Chs [Charles] Howard seal City of Richmond to wit, I Saml [Samuel] T Bayly a notary publicin and for the City of Richmond in the State of Virginia, do hereby certify that James M Smith and Charles Howard, parties to the foregoing deed bearing date the 19th day of June 1852, have this day acknowledged the same before me in my city aforesaid. As witness my hand, this 19th day of June 1852 Saml [Samuel] T Bayly Not Pub [Notary Public]

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19. Smith To Howard & Smith} Trust deed. 1852. June 21. Prestd. [Presented] in off: [office] & with cert [certificate] annd [annexed] A.R. [admitted to record] Recorded in No 62 page 257 &c Examined tax paid City of Richmond, to wit: In the office of the Court of Hustings for the said City, the 21st day of June 1852, This deed was presented, and with the Certificate thereafter written of the acknowledgedment of James M. Smith and Charles Howard, parties thereto, admitted to record Teste, Chs [Charles] Howard, clk. [clerk]

Last edit 4 months ago by Beka, LVA
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