No. 296 William W. Searcy; To Deed of Trust; Beverly Randolph

Transcribed by Cynthia Mitchell
 

Know all men by these presents, that I William Searcy, Sr. of the county of Rutherford, and state of Tennessee for and in consideration of the natural love and affection which I have for my daughter Lucy W. Randolph and my grandchildren Mary E., Lucy, Sarah, Peyton, William W. and IshamG. Randolph have this day granted to them, and do by these present, grant to them the use occupation and enjoyment of a certain parcel of land, lying and being in Rutherford on the East Fork of the Stones River adjoining the lands of  Peyton Rowton, John Parks dec'd, John C. Harris and Jacob D. Donnelson being the plantation on which Beverly Randolph and the above named Lucy W. my daughter and the above named children reside, And these presents further witnesseth that the rents, crops, issues and profits arising from the same on which may be raised therefrom by the labor of the following Negroes, Pris, Matilda, Willis, Franklin, Eliza, Ben and Tim, and Burwell which I have placed on the same for the support and maintanance of my said daughter LucyW., wife of Beverly Randolph, seperate and apart from the debts and contracts of the said Beverly Randolph, and to the support and maintanance of my said grandchildren above named.  And the surplus if any remains after maintaining said wife and children, and schooling said children of said Beverly and Lucy W. to be vested in purchasing such property for the above named children of said Lucy W. may be considered most to the advantage of said children.  These presents further witnesseth, and I do hereby constitute and appoint Beverly Randolph, husband of said Lucy W. and father of said children trustee to receive the crops, issues and profits from said land and Negroes above described and to apply the same to the support and maintanance of my said grandchildren and to their schooling; and also a trustee to apply for surplus if any to the purchase of such property he may judge most suitable for said children, provided always the said Beverly Randolph shall make no preferrences in such children; but shall take convenanies (spell) for such property jointly to all of said children as joint tenants.  And it is further understood to be the meaning of these presents that I reserve to myself the right to control said land and Negroes listed above and to remove the said Lucy W. and said children above named from the possession, use and ocupation of said land, and to withdraw said slaves from their possession at any time i think proper. I also reserve to myself the power to remove the said Beverly Randolph as trustee from having any control over the land and Negroes herein described whenever I think he is abusing the trust confired upon him and appoint some other trustee at my election.  In witness whereof I have hereunto set my hand and seal this 10th day of January in the year One Thousand eight hundred and thirty three. 

State of Tennessee
William W. Searcy(Seal)
Rutherford county court February Term(?) 1833

      The foregoing deed of trust was acknowledged by the said William W. Searcy at the above term to be his act and deed for the purposes therein mentioned and ordered to be registered. 

Registered March 23, 1842                             John R.
Laughlin Clk

(Note: I could not read Mr. Laughlin's first name.)

Many thanks to Yvette Smith