[1839-28 Oct] WILLIAM AND WINNEY BRASWELL - Warren Co, TN

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This Indenture made and returned into this 28th day of October in the year of our lord one thousand Eight hundred and thirty nine by and between Thos. Wilcher of the County of Warren & State of Tennessee of the first part and John Cain of the same county and state of the second of the other part Witnesseth that whereas the said Thos. is justly indebted to sundry person indurr small sums as will man painly appear by reference to the answered test marked A which debts the said Thomas is desirous should be paid as soon as practible and whereas the said Thos acknowledges himself incompetent to the management of his pecunary affairs and also being desirous to settle on his wife and children the residence of his estate after the payment of my debts for the love and affection the said Thos has taken the firsty part of the first part. For the reasons above and for and in consideration of one dollar in hand paid by the party of the second part to the party of the first hath bargained granted sold in hand attained and confirmed and by these presents do grant bargain sell alien release and confirm unto the said party of the second part and to his heirs and assigns forever one certain tract of land lying and being in the county of Warren and State of Ten. containing two hundred and fifty acres divided to the party of the first part by Thos. Wilcher Sr. and the plan on which said party now resides Beginning on a black oak running North with Christian Norths and A. P. Wilchers conditional line to the barren fork of Collins River thence down the River to a conditional line between Polly Blank and Thos. Wilcher Sr then South

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45 degrees East two hundred & sixty poles to a dogwood hickory & sycamore thence south twenty five poles to pointers on George D. Statons line of location No 58 then with his line West sixty poles to his NW corner on a red oak thence with his line south sixty six poles to a black oak then West one hundred and Twenty five poles to the Beg. also the undivided interest of a tract of land the one seventh part containing __ acres which was devised to A. P. Wilcher and decended to his heirs at law to shiar and shiar alike subject however to the life estate of Ann Wilcher Widof of Thos. Sr also a negro man Isaah Iai Souson negro named Rilla negro girl Sila and two negro boys Edmond and Charles they being the negroes devised to Ann Wilcher for use and then to Archibald P Wilcher who bequeathed the same to the party of the first part and two other legatees all aforesaid negroes being now in possession of Ann Wilcher and subject to her life estate and for the ssubject to be distributed to Burto Vaughan Polly Vaughan now Polly Hammon having received & released her interest in the personal estate of said Archibald together with all and singular the hereditaments rights claims and property which the said party of the first part may and do possess in the before bargained estate and property both personal and real with the rents and ishues proffits thereof to have and to hold the said premises and negro slaves hereby released and confirmed with the appurtainances and rights thereunto belonging unto the said party of the second part and to the safe and proper use benefit and behoof of the second party and for the uses and trusts before maintained to him his heirs

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and assigns forever and for the following uses to wit the party of the first part hereby delegates the power of managing the estate maintained both personal and real soas to discharge the debts now due or may come due or such as are now created and the party of the second part is fully authorized to sell and dispose of such property here conveyed either real or personal to meet said debts and further it is assurely understood and these pursuits are upon that condition that the party of the second part shall when any of the children of the first part shall marry daughters particularly give her such a part out of the estimated value of the property that may remain after the payment of debts and after retaining enough to support & maintain the remaining part of the family who may be unmarried or who may be residing together as af family the party of the second part os to exercist a sound discretion in making the above advancement or not during my life depending alone on the property of the family should such a division diminish the estate too much then in that event the party of the second part is not to divide the property until the youngest child of the party of the first part shall attain the age of fifteen years of age. Then presents further provides that the party of the second part is hereby authorised to sell and dispose of the land herein contained after my debts are paid and vest the proceeds in other land should it be considered by said John to the interest of the family so to do and said John is authorised to purchase or exchange for other land lying in this State or any other

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United States but in the exeercise of these discretionary powers the said John is to have my family in view. Also one undivided fourth part of a tract of land lying and being in the county of Warren & State of Tenn purchased of George W. Landers and conveyed to the party of the first part and Joseph Enagland A.P.Wilcher & Christian North containing one hundred acres granted to said George W. Landers beginning on a blak oak the N.W. corner of an entry of Elijah B. Landers for 70 acres of land location No 1851 then North 150 poles to two hicorys then east 100 poles to two hicorys thence south 160 poles to a hicory thence west 100 poles to the beginning including a part of Will Brazils improvemena as witness am hand and seal this day and date above written these presents furthere witnesseth that the said party of the second part & has full and ample power to sell the whole or part of said land ?? to discharge the debts of the party of the first either privately or at public sale discretionalry with himself should it be deem necessary to sell at all for the payment of debts & should it not be necessary he the party of the second part will follow the directions above written before this last clause. The last tract bought of Landers is subject to the life estate of Winny Brazel as witness our hand & seal this 28 Oct 1830 the figure 28 Oct was entertained before signed

In presents of us Thos. Wilcher { SEAL }

C. J. Sullivan

J. D. Lusk John Cain { SEAL }

Exibit A

W. White assn I.A. Thompson $87.50

I.A. THompson 25.00

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P.S> The tract of land mentioned in the above deed for 250 acres is now advertised at the instance of William Brazil for costs of a suit in Chancery now the party of the second part covenents to purchase it in for the use of the party of the first part and family witness my hand and seal

C.J.Sullivan John Cain { SEAL }

J.D. Lusk

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This indenture made this 1st day of February 1831 between William Brassil & Winny Brassil of the one part & William White of the other part all of the county of Warren & State of Tennessee Witnesseth that the said William & Winny Brassil in consideration of two hundred & fifty dollars to them in hand paid by the said Wm White the receipt whereof they do hereby acknowledge hath granted bargained bargained sold & confirmed and by these presents doth grant bargain sell & convey unto the said Wm White his heirs & assigns their undivided interest consisting of a childs part as one eitht of two hundred and fifty acres

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of land be the same more or less lying on Barren Fork of Collins River and being the same which decended from Archibald P Wilcher and whereon Thos Wilcher died Together with their interest in all and singular the hereditaments & appertenances whatsoever to the same belonging or appertaining with the rents issues & proffits thereof. And also all the estate right title interest claim or demand whatsoever of them the said party of the first part, either in law or equity of in and to the above bargained premises. and every part and parcel thereof. To have and to hold to the said party of the second part his heirs & assigns to the sole and only proper use and behoof of the said party of the second part his heirs & assigns forever and the said party of the first part for themselves thier heirs & c all and singular the aforesaid messevage lot of ground & premises hereby granted & conveyed and every part and parcel therof unti the siad William Whit his heirs & assigns against them the said party of th first part their heirs or or assigns and against all and every other person or persons whatsoever shall and will warrant and defend by these presents in witness whereof they have hereunto set their hands and affixed their seals the day and year above written Test

Ben F. Curry William Brassel { SEAL }

D. Whitney her

Winny x Brassel { SEAL }

mark

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The undersigned being duly commissioned by james C. Mitchel one of the circuit judges for the State of Tennessee at the January term of said court holden for the County of Warren do certify that we have examined

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Winny Brassil separate & apart from her husband touching her free and solitary execution of the within deed of conveyance and have taken her acknowledgement that she executed the said deed without the threats or persuations of her husband. Given under our hands & seals this 1st February 1831

Ben Franklin Currey { SEAL }

Dempsey Whitney { SEAL }

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State of Tennessee }

Warren County } January term of the circuit court 1831. Then was the due execution of the within deed of conveyance from William Brassel and Winny Brassel his wife to William White acknowledged in open court by the said William Brassell for the use and purposes therein expressed. And Dempsey Whitney and Benjamin F. Curry commissionners appointed by the court to take the privy examination of the said Winny Brassell came int court and made oath that the said Winny being examined separate and apart and out of the hearing of her said husband by them acknowledged that the acknowledged the same to be her act and deed priary and voluntarily and without the compulsion threats or pursuations of her said husbond or fear of his displeasure and returned the same on the back of the deed which was by the court ordered to be certified for registration given at office in McMinnville this 18th day of October 1832 P. Henderson Clk

Registered 2 November 1832

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Submitted by:

Tony Brazell
New Market, Madison County, Alabama