Friend of Friends Friday: Trust: Milstead to Weedon (use H. Hooe)

Deed Trust: Milstead to Weedon (use H. Hooe)
PWCo Deed Book 13, pg. 347

This Indenture made and entered into this 3rd day of February 1834 between Hendley Milstead of the first part, John C. Weedon of the second & Howison Hooe of the third part. Whereas the said Milstead is justly indebted to the sd. Hooe in the sum of Two Hundred & forty dollars & eighty seven & half cents as by bond bearing date the 4th day of November 1833 more fully appeared which bond with legal interest accruing thereon, he the said Milstead is willing & desirous to secure. Now then this Indenture witnesseth that the said Hendley Milstead for and in consideration of the promises as also for the further sum of One dollar in hand paid by the said Weedon to the said Milstead at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, he the said Milstead has bargained, sold, aliened & conveyed and by these presents doth bargain, sell, alien & convey unto the said Weedon his Exr. admr. vc a certain negro boy named Henry, to have and to hold the said boy unto him the said Weedon his Extr. admr. forever.

Upon trust nevertheless & to & for the following purposes, that is to say, The said Weedon is to permit the said Milstead to remain in peaceable possession of said Slave and appropriate the proceeds of his labor to his own  use until default in payment of said note which by agreement between the parties is fixed to the first to the first of April 1834 and then on this further trust that if the aforesaid Milstead shall fail to pay on or before the first of April the amount the aforesaid bond with the legal Interest accruing thereon, then and in that event the aforesaid Weedon shall sell as soon as thereafter as he may think proper or the said Hooe or his representatives may direct at public auction to the highest bidder for cash at Brentsville the said boy, having given at least fifteen days notice of such sale by advertisement to be set up at Brentsville and such other public places in the county as said Weedon may think proper and out of the proceeds of such sale the said Weedon shall pay over to the said Hooe his Exr. adr. or assigns the amount of the aforesaid note with the legal interest accruing thereon, and the balance of any there be the said Weedon shall pay over to the said Milstead his Exr. & admr. vc. but if the said note shall be paid off when the same is due so that there is no default in the payment thereof, then the above obligation to be void, or else to remain in full force & virtue. In testimony whereof the parties have hereunto set their hands & seals the day & date fixed above written.

Hendley Milstead {seal}
Jno. C. Weedon {seal}
Howson Hooe {seal}

Witness:
Richd. W. Weedon
Jas. B. Ewell

At a court held for Prince William County the 3rd day of February 1834--

This Indenture between Hendley Milstead of the first part, John C. Weedon of the second part and Howison Hooe of the third part, was acknowledged by the parties thereto, to be their act and deeds, and ordered to be recorded.

Teste - Jn. Williams   Ct. cur.