Submitted by: Debra Miller - 16 January 2003
King and Queen County, Deed Book 3, Page 146
Names Mentioned: Oscar Gresham, S. S. Gresham, Jno. Gresham, Benjamin F. Gresham, M. Alice, Jno. G. Dew, M. Hudgen, Thomas E. Henshaw, Robert Greer.
This Deed made this 12th day of December in the year 1870 between Oscar Gresham, S. S. Gresham, & Jno. N. Gresham of the first part, Benjamin F. Gresham and M. Alice his wife of the second part and Jno G. Dew and M. Hudgen trustees of the third part, witnesseth: that whereas on the first day of December in the year 1865, the said Benjamin F. Gresham conveyed by deed which is recorded in the clerks office of King and Queen Court, certain property both real and personal to Oscar Gresham as trustee for the purpose of indemnifying and securing the said S. S. Gresham and Jno. N. Gresham from all loss and damage by reason of their being bound with and as sureties for the said Benjamin F. Gresham upon the said bonds therein specified. And whereas all the debts mentioned in the said deed have now been satisfied save and except a debt due to B. F. Dew for the sum of One thousand one hundred fifty-five dollars, principal and interest, and a debt due to ? Gouldn for the sum of Seven hundred sixty-six dollars, which was assigned to said Gouldin by Robert Greer and where as the said parties holding the said clauses by their attorneys did, by agreement made and entered into on the 22nd day of October 1870, with the said Benjamin F. Gresham, promise and agree that if the said Gresham would made a good and sufficient deed to trustees for them of a certain lot of land adjacent to the village of Newtown and supposed to contain fifty-five acres which is the balance of the trust fined(?) aforesaid, they on their part would surrender the said claims aforesaid and forever discharge the said parties aforesaid from the payment of the same.
Now therefore in consideration of the premises and in further consideration of five dollars in hand paid the receipt is hereby acknowledged, the said Oscar Gresham, by and with the full sanction and approval of the said S. S. Gresham and Jno N. Gresham testified to by their becoming parties to and signing this deed releases for the purposes of this deed, unto the said grantee all his claims upon the said lands and the said Benjamin F. Gresham and M. Alice his wife also in consideration of the premises and in further consideration of the sum of five dollars in hand paid by the said Jno G. Dew and J. M. Hudgen, the receipt whereof they do hereby acknowledge, do grant, bargain, sell, transfer and assign unto the said Jno G. Dew and J. M. Hudgen trustees as aforesaid all that piece, lot or tract of land lying in the county of King and Queen immediately on the public road leading from the village of Newtown to Bowling Green in the county of Caroline adjacent to the said village of Newtown and bounded by the lands of Thomas E. Henshaw and others being part of the lot mentioned in the said deed of trust aforesaid and upon which the said Benjamin F. Gresham then resided, supposed to contain fifty-five acres. To have, to hold the said property to the said Jno. G. Dew and J. M. Hudgin, their executors, administrators and assigns, and to the only proper use and behoof of the Jno. G. Dew and J. M. Hudgen, their executors and etc. forever...
Upon trust nevertheless for the following interests accorded purposes, that the said trustees shall sell the said lot of land aforesaid either publickly or privately as to them shall seem best, and after paying the expenses of this trust and of the sale, out of the proceeds theirs arising shall pay the balance if sufficient to the said B. F. Dew in full of his claim and to the said ? Goulden to the extent of one half the face value of his claim principal and interest--but if the proceeds arising from such sale be insufficient to pay the whole of the said Dews claim accord one half the said Gouldin's debt then it shall be paid them in that proportion each bearing a proportionate part of the loss--the said parties by the agreement aforesaid accepting the ? in full of satisfaction for their respective debts., and also upon this further trust that if the proceeds arising from the sale of the said property be more than sufficient for the purposes of this deed the remainder shall be paid to the said Benjamin F. Gresham and the said parties of the first and second part convenant that they will warrant generally the title to the land hereby conveyed. As witnessed the followiing signatures and seals this 20th day of December 1870.
Interviewed before signing: Teste Jno G. Dew
|Signed and sealed:||Oscar Gresham
S. S. Gresham
Jno. N. Gresham
Benj. F. Gresham
M. A. Gresham
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