and from and after the death of the survivor of the said Henrietta M.
and Samuel R.W. then to such child or children of the said Henrietta
M. as may be living at the time of her death, share and share alike
if more than one, to them their heirs, Executors, administrators and
assigns for ever, and if the said Henrietta M. Should die in the life
time of the said Samuel K.W. without leaving children living
at the time of her death, then in trust for such person or
persons and in such manner as she the said Henrietta W.
may direct by instrument, in the nature of a last will and
Testament, signed in the presence of three or more witnesses
and if the said Henrietta M. Should die in the lifetime of the
said Samuel K.W. without leaving children living at the time
of her death, and without making disposition of her property
by an instrument executed as aforesaid, then to have to hold the
trust the same after the death of the said Samuel K.W. to the
sole and separate use and behoof of Lucy Elizabeth, Samuel M. William
B, and James S. Furman, their heirs, Executors, administrators
and assigns for ever, but should the said Henrietta M. Survive
the said Samuel K.W. and there should be no children issue of
such marriage being at the time of the death of the death of the said
Samuel, or born within the legal time afterward, then in trust that
he the said party of the third, will reconvey the said property real
and personal, with all increase and addition that may hereafter
take place, to the said Henrietta M. her heirs, Executors
Administrators and assigns, free from any trust; and
it is mutually covenanted and agreed by and between the
parties of these presents, that it shall and may be lawful
for the said party of the third part, and the survivor of
them, upon the written request of the said Henrietta M.
signed before one witness to grant, bargain, and sell,
mortgage, or otherwise dispose of any or all of the aforesaid
property, reinvesting and preserving the proceeds however
except so much as may be necessary to pay of any debts
or liabilities now existing against the said Henrietta M.
Williams which payments may be made out of the proceeds
of such sale, subject to the same uses and trusts and
for the same purposes as are hereinafter expressed
In Witness whereof the said parties have hereunto
set their hands and seals on the day and year first
above written
on page first thirty third line aforesaid stricken out on page second seventh line they
stricken out.
Signed sealed and delivered in presence of } Henrietta M. Williams (LS)
J.O. Screwer } Saml K.W. Furman (LS)
W. Head } Geo W. Hardee (LS)
Mary E. Barnard }
}
Georgia }
Camden County } Before me personally came W. Head who
being duly sworn depose and says that he was present at
the signing and sealing of the above and foregoing instrument
that he saw Henrietta M. Williams Samuel K.W. Furman |