Deed in Trust

Richard Toney and wife, Jane Oliver Toney,
to
Martin Tucker and John Adams

This Indenture made this 8th day of June in the year 1838 between Richard Toney and Jane Oliver his wife of the first part and Martin Tucker and John Adams of the second part Witnesseth that the said Toney and wife for and in consideration of the sum of five dollars to them in hand paid at and before the sealing and delivery of these presents the receipt thereof being hereby acknowledged have given granted bargained sold and conveyed and do by these presents give grant bargain sell and convey unto the said Tucker and Adams their heirs and assigns all that certain tract piece or parcel of Land lying and being in the county of Powhatan on which the said Toney at present resides containing by estimation two hundred and ninety acres being a part of the tract of land formerly owned by John Toney Senr., together with all and singular the hereditaments and appurtenances to the said tract of land belonging or in any wise appertaining and the reversion and reversions, remainder and remainders rents, issues and profits thereof, and of every part and parcel thereof. To have and to hold the land hereby conveyed with every of its rights, members and appurtenances unto them the said Tucker and Adams their heirs and assigns to their only proper use and behoof forever  And the said Toney and wife hereby for themselves and their heirs covenant and agree to and with the said Tucker and Adams and their heirs that they the said Toney and wife will forever warrant and defend a clear and absolute estate in fee simple in and to the land hereby conveyed with the appurtenances unto them the said Tucker and Adams their heirs and assigns against the claim and demands of all persons whomsoever. Upon Trust however and upon this special confidence that the said Tucker and Adams and the survivor of them his heirs and assigns, shall permit the said Toney and wife to remain in quiet possession of the land hereby conveyed and to take and receive use and appropriate the issues and profits of the said land for the support and maintenance of the said Toney and his wife and their children during the natural lives of the said Richard Toney and his wife, or either of them; And upon this further trust, that the said Tucker and Adams or either of them or their heirs of the survivor, shall upon the death of the said Toney and wife divide the land hereby conveyed equally between the children of the said Richard Toney and Jane Oliver his wife, then living, and the children of such as may be dead, such grand child or children taking the part to which his or their parent if living would have been entitled. In Testimony of all which the parties hereto have set their hands and Seals to this Indenture the day and year herein first mentioned. Signed by Richard Toney and Jane O. Toney. Powhatan County to wit, We Ro: K. Dabney and Tho: C. Miller Justices of the peace in the County aforesaid in the State of Virginia do hereby certify that Jane Oliver the wife of Richard Toney parties to a certain deed bearing date the 8th day of June 1838 and hereto annexed, personally appeared before us in our County aforesaid, and being examined by us privily and apart from her husband and having this deed aforesaid fully explained to her, she the said Jane Oliver acknowledged the same to be her act and deed and declared that she had willingly signed, sealed and delivered the same and that she wished not to retract it. Given under our hands and seals this nineteen day of June 1838. Signed Ro: K. Dabney and Thomas C. Miller.

Deed Book 14, page 112, Powhatan County, Virginia.