Deed of Hiram, Sarah, Benjamin F.,
and Matthew H. Hubert,
January 4, 1843
STATE
OF GEORGIA
COUNTY OF WARREN
Articles of Agreement entered into between
HIRAM
HUBERT
of the State and County aforesaid of one part, and BENJAMIN F. HUBERT and MATTHEW H. HUBERT of the same State and County
of the other part.
Whereas the said Hiram Hubert being dispossed to disencumber
himself from the labors and toil of overseeing and superintending
his lands and farm has proper to place the principal part of
his property both real and personal under the superintendance
and management of his sons (to wit) Benjamin F. Hubert and Matthew H. Hubert in the following way and upon
the following terms viz Item the first. The said Hiram Hubert places in the care and under
the immediate Superintendance and Control of the Benjamin F. Hubert the following property, to-wit,
ANTHONY about 27 years of age & AMOS about 17 years of age & BET about 41 years of age and her
child Mary
Jane
about 2 years of age & Sary Ann about 1 year old & Peggy about 20 years of age and George about 50 years of age together
with four hundred acres of the tract of land whereon the said
Hiram
Hubert
now resides including all the buildings thereon EXCEPT the first and second stories
of the North end of the dwelling house said tract of land lying
in said County on the waters of Ogeechee river adjoining lands
of James
Roger's Estate, Samuel Barksdale and others all of which property
and its increase is to be under the immediate Superintendance
and Control of the said Benjamin F. Hubert to be worked, managed and controlled
by him in any way or manner the he may think proper provided
he the said Benjamin
F. Hubert
shall have no right to sell or swap or barter any of said property
or remove any of said Negroes from said premises without the consent
of the said Hiram
Hubert.
Neither is any part of said property subject or liable to the
present or future debts of said Benjamin F. Hubert but the right title and claim
thereof is and shall continue in the said Hiram Hubert during his life and out the production
annually made by the said Benjamin F. Hubert with said property he is to pay
Seventy Five Dollars annually to the said Hiram Hubert during his life and Seventy Five
Dollars annually to the said Sarah Hubert during her life and also out
of said production he is to pay the amount in full of the annual
State and County Tax which the said Hiram Hubert may be compelled to pay on whole
the above named property during his life and the said Hiram Hubert agrees and hereby binds himself
his heirs and assigns not to remove or cause to be removed or
hire or sold or rented on in any way to be taken out of the control
Superintendence or management of the said Benjamin F. Hubert, his heirs and assigns any or
the above and forgoing named property (either real or personal)
or its increase during the life of said Hiram Hubert and at the decease of the said
Hiram and Sarah Hubert the whole of the said property
both real and personal and its increase together with the Negro woman named ALLY about 20 years of age and all
her increase and a Negro
Girl
named MARTHA about 11 years of age and all
her increase shall immediately be rightful property of the said
Benjamin
F. Hubert,
his heirs and assign to have and to hold the whole of said property
(above named) unto him the said Benjamin F. Hubert, his heirs and assigns together
with all and singular the rights, titles, members, and appurtenances
thereof to the same in any manner belonging to his and their
own proper use, benefit and behoof forever in fee simple and
the said Benjamin
F. Hubert
on his part agrees and hereby binds himself, his heirs, executors,
Administrators and assigns to stand to abide by and conform to
the whole of the above and foregoing as it now stands written.
ITEM SECOND: the said Hiram Hubert places in the care and under
the immediate superintendance and control of the above named
Matthew
H. Hubert
the following property (to wit) PAUL about 38 years of age & JINCY about 33 years of age and her
infant child about 1 weeks old named PERRY & DAVID CROCKETT about 6 years of age & RACHEL about 4 years of age & LUCY about 3 years of age & PHILLIS about 70 years of age and SARAH about 80 years of age together
with the whole of the tract of land bought of Henry M. Seal known as the Henry Seal Place adjoining lands of the said Matthew Hubert and George S. Allen on the waters of Ogeechee river
containing ninety acres more or less together with Two hundred
acres of the tract of whereon the said Hiram Hubert now resides all of which property
both real and personal named in the Second Item (and its increase)
is to be under the immediate superintendance and control of the
said Matthew
H. Hubert
to be worked and managed and controlled by him in any way or
manner that he may think proper provided he shall have no power
or right to sell or swap or barter any of said property or remove
any of said Negroes from the present residence of the said Matthew H. Hubert during the life of said Hiram Hubert without his consent neither is
any part of said property subject or liable to the present or
future debts of the said Matthew H. Hubert, but the right title and claim
thereof is and shall continue in the said Hiram Hubert during his life and out of the
production annually made by the said Matthew H. Hubert with said property he is to pay
Seventy Five Dollars annually to the said Hiram Hubert during his life and Seventy Five
Dollars annually to the said Sarah Hubert during her life and also out
of said production he is to pay the amount in full of the annual
State and County Tax which the said Hiram Hubert may be compelled to pay on whole
the above named property during his life and the said Hiram Hubert agrees and hereby binds himself
his heirs and assigns not to remove or cause to be removed or
hire or sold or rented on in any way to be taken out of the control
superintendence or management of the said Matthew H. Hubert his heirs and assigns any part
of said property (named in the Second Item) or its increase during
the life of said Hiram
Hubert
and at the decease of said Hiram and Sarah Hubert the whole of said property (named
in said second item) and its increase both real and personal
with two Negro boys Moses and Abram (twins) about 11 years of age
shall immediately be the rightful property of said Matthew H. Hubert, his heirs and assigns together
with all and singular the rights, title, members and appurtenances
thereof to the same in any manner belonging to his and their
own proper use, benefit and behoof forever in fee simple and
the said Matthew
H. Hubert
on his part agrees and hereby binds himself, his heirs, executors,
administrators and assigns to Stand to abide by Items as it now
stands written.
In Testimony of our Agreement and consent to the whole
of the above and foregoing Articles of Agreement contained in both first
& second Items of the same we the said Hiram Hubert and Sarah Hubert and Benjamin F. Hubert and Matthew H. Hubert do hereby set our hands and affix
our seals this fourth day of January in the year of our Lord
Eighteen Hundred Forty three.
Sealed and Delivered
in presence of
G. S. Allen J. P. Hiram Hubert (Seal)
Septimer S. Torrance J. P. Sarah Hubert (Seal)
Benjamin F. Hubert (Seal)
Matthew H. Hubert (Seal)
GEORGIA,
WARREN COUNTY
I, J. Allen Poole,
do hereby certify that I am Clerk of Superior court of said State
and County and that said Court is a Court of record. As such
Clerk, I do further certify that the foregoing two and a fraction
pages contain true and correct copy agreement executed by Hiram, Sarah, Benjamin F. and Matthew H. Hubert on the 4th day of
January, 1843 as shown by the records of my office as being recorded
on the 5th day of January, 1946 in Deed Book X, pages
86, 87, 88 and 89.
Witness my official
signature and seal of office, this 3rd of February,
1968.
Clerk
Warren Superior Court