Francis Kerby’s Deed in Trust
I Francis Kerby have this day bargained and sold and do hereby convey to John Bradly, Esq. For the sum of one dollar to me paid & other considerations herein after mentioned one young sorrel mare & increase, one cow and calf, one heifer, one yearling, two beds, bedstead and furniture, 1 cupboard & sugar chest, one clock, a parcel of loose tobacco & also my whole interest in the estate of Richard Brown dec’d to have & to hold the same to the said John Bradly his heirs and assigns forever I do convenant with the said John Bradly that I am lawfully seized of said property and interest have a good right to convey it and that the same is unencumbered. I do further covenant and bind myself my heirs and representatives to warrant and forever defend the title to the said property and every part thereof to the said John Bradly his heirs and assigns against the lawful claims of all persons whatever but this deed is made for the following uses & trusts and for no other purposes. That is to say I am indebted to Vaughan & Tunstall in the sum of eighty seven dollars by note under seal dated July 29th 1837 and due one day after date and to James H. Vaughan n the sum of forty five dollars and ninety three cents by note under seal dated July 12 1837 and due one day after date and am desirous to secure and make certain the payment of the same now. If I should pay the said debts on or before the first day of January next then this deed to be void but if I should not then the said John Bradly as trustee after giving twenty days notice in writing at two public places in the neighborhood may ________ the said property and interest to public sale and sell it to the highest bidder for cash and appropriate the proceeds first to the payment of the necessary expenses and costs secondly to the satisfaction of said debt of eighty seven dollars to Vaughan & Tunstall thirdly to said debt of forty five dollars & ninety three cents to James H. Vaughan and fourthly and lastly to pay the balance if any there be to me this the ____ day of August 1837.
(Signed) Francis Kerby (seal)
Attest: Edward Bradley
Personal note: Francis Kerby is named in the will of Valentine Brown with George W. Walker. Francis’s wife was Barbara Brown (info from 1812 Pension application). George’s wife was Elizabeth (probably Brown). Is the Richard Brown mentioned above Barbara’s father and Valentine her grandfather. Valentine Brown is shown in the 1840 Smith Co. Census living next door to Francis and Barbara and he is 80-90 years old. See Valentine H. Brown’s Deed in Trust for further connection, I think. Barbara Brown Kerby’s daughter, Helen married Thomas Tunstall.