This Indenture made & entered into upon this 23d day of August in the year of our Lord Christ one thousand seven hundred and ninety four between Thomas Vaughan of the County of Brunswick of the first part Sterling Tucker of the same County of the second part and David Tucker of the third part Witnesseth that the said Thomas Vaughan for and in consideration of the sum of five pounds current money of Virginia to him in hand paid at & before the sealing and delivery of this Indenture by the said Sterling Tucker the receipt whereof is hereby acknowledged by the said Thos. Vaughan and thereof of every part thereof the said Vaughan hereby acquits exonerates and discharges the said Sterling Tucker and his legal representatives and also for and because of the considerations hereinafter mentioned hath given, granted, bargained, sold, alien'd conveyed, made over, & absolutely confirmed to the said Sterling Tucker . . . forever and by these presents the said Thomas Vaughan doth give, grant, bargain, sell, alien, convey and absolutely confirm to the said Sterling Tucker, . . . the following negroe Slaves, to wit, Fanny, Milly, Pegg, Cressey and Joan & all their future Increase, and Moses, Cupid & Anthony, . . . In Trust, nevertheless to the following uses, and to & for the following intents & purposes, and to and for no other use, intent or purpose whatsoever, that is to say Whereas Thomas Hunt in and by his last will and testament which is duly recorded in the County Court of Sussex as will thereby more fully appear, willed, declared and devised as follows that is to say "My Will is, that "if any of my Children should loose any of their slaves, that then my Executors shall make them good out of the Increase of the Slaves, that I have lent to my wife, if there should be any, my meaning is, before they shall come of age or married or have authority to receive them, but if there should be no Increase, then they shall be made good out of the slaves lent" And the said Thomas Hunt afterwards in the same Will declared & willed as followeth "My Will is after the death of my wife, then all my Slaves that shall then be alive after such of my Children as shall be so unfortunate to lose any of theirs be made good to them again, the remainder my will is be equally divided among my Children that shall be then alive; except Robin which I give to my Son Judkins Hunt &c" And the said Thomas Hunt in his said Will nominated & appointed his wife & his son Executrix and Executor thereof & whereas the said Testator survived his said wife the nominated Executrix (but not his son John the nominated Executor) of his said Will and the said Testator after her Death made a Codicil to the said Will, which is also duly recorded in the same Court, which Codicil was made another wife, to wit, Athaliah Kesia Hunt, and contains the following Clauses and bequests, to wit "I give to my youngest daughter unchristened two Negroes, one named Portelus, and the other named Friday to her and her heirs forever, I mean my daughter that I had by my late wife Athaliah, and the residue of all my estate of what kind soever, I lend the use of it, to my well beloved wife Athaliah Hunt, during her natural life the better to enable her to bring up my Children and school them, and after her decease it is my desire it should be divided according to the direction of my Will, my meaning is, that all the Slaves excepting Sue lent, to be "equally divided amongst all my Children" And the said Testator afterwards in the same Codicil directs as follows "And further it is my will that my executors be not compelled to give Security" and whereas after the death of the said testator, certificate was granted by the said Court of Sussex County to his Widow Athaliah Kesia for obtaining letters of administration of the said Testator's estate with the said last Will and Testament and codicil annexed she having complied with the requestions of the law in such Cases, and it appearing that the executors in the said Will mentioned were dead. And whereas afterwards to wit about the year 1764 the negroe Portilus, devised to the said unchristened daughter died and the said Athaliah Kesiah Hunt the widow of the Testator conceiving that she had a right & power under the Will aforesaid to make good the said deceased Negroe by giving another of equal Value out of the Slaves or the Increase of the Slaves lent the said unchristened daughter, who was after baptized by the name of Suckey & afterwards intermarried with and is now the wife of the said Thomas Vaughan did by and with the consent of her then second husband David Tucker party hereto give, deliver, grant, and make over to the said Suckey one negroe woman named Fanny, to wit, the said Woman Fanny herein before granted by the said Vaughan to the said Sterling Tucker in lieu and stead of and as _ compensation for, and to make good the said deceas'd negroe Portilus to the said Suckey in supposed persuance of the said testator's intentions and the said Fanny has been in the possession of the said Thomas Vaughan as his own proper Slave in Virtue of his intermarriage with his said wife, and the said Fanny hath since had the herein before other granted Slaves, born and they have been raised nurtured and brought up, by the said Thomas Vaughan, at his own Expense under a belief of their being indefeasibly his own property and whereas it is doubted whether the said Athaliah Kesia Hunt had any right or power under or by the said Will to make good to the said Thomas Vaughan and his said wife the loss of the deceas'd Negroe Portilus, by allotting to them in lieu thereof the said negroe Fanny or any other of equal value, and whether the said testator meant or intended that his widow Athaliah should have the same power of supplying the loss of any of the Negroes bequeathed to his Children out of the Stock of Negroes or their Increase designated in the said Will which he had thereby granted & delegated to his executor and it is consequently doubted whether the said David Tucker may not be liable to be damnified for having permitted the allotment & delivery of the said negroe Fanny to the said Vaughan or for having assented to the same the true intent and meaning of this Indenture therefore is, the complete indemnification and security of the said David & his lawful representatives & the herein before granted and conveyed negroes are so granted & conveyed in trust, that if the said David Tucker . . . should be impleaded prosecuted or sued for or concerning the said delivery grant or allotment of the said Negroe Fanny or should by the Judgment of any Court of Justice be ordered or adjudged or decreed to redeliver the said Fanny or any of her increase to any person or persons claiming the same, or to pay or satisfy any damages for or concerning her or her increase, or to suffer any other Injury on that account, or if the said David or his legal representatives should in any manner whatsoever be damnified for any thing by him done or suffered concerning the said Fanny or her increase, then & in any such case the said Sterling Tucker shall immediately deliver the said Negroes Fanny and all her increase to the said David Tucker or his legal representative or he shall dispose of them as the said David or his representative aforesaid shall require. . . Signed by Thomas Vaughan, David Tucker and Sterling Tucker, and witnessed by Rich. Gregory, Thomas Hardaway, and Thomas Lanier.
Brunswick County Court October 27th 1794. This Deed of Trust was proved by the Oaths of the witnesses thereto and ordered to be recorded.
Deed Book 16, page 30, Brunswick County, Virginia