Deed of Trust between Thomas Mann Randolph and Thomas Jefferson Randolph

Whereas Thomas Jefferson Randolph has heretofore either wholly discharged or has assumed upon himself the payment of several large bonds, drafts, promissory, negotiable or protested notes and thereby has actually paid or become liable to pay the same to Thomas Mann Randolph the elder to a large amount, Viz to the amount of about twenty three Thousand seventy six Dollars & some cents as by the annexed schedule of the said bonds, notes &c will more precisely appear (the schedule being marked (A); and Thomas M Randolph being desirous fully to secure Thomas Jefferson Randolph against all loss for any monies so by him the said Thomas Jefferson Randolph already actually advanced or which he may hereafter advance toward the payment & discharge of any of the bonds, notes, drafts &c included in the annexed schedule marked (A) Now Therefore—This Indenture made this first day of April in the year eighteen hundred & twenty four Between Thomas M Randolph the elder of the one part and Valentine W Southall and Frances Gilmer of the other part. Witnesseth that the said Thomas Mann Randolph in consideration of the above recited premises and for the further consideration of one Dollar to him in hand paid by the said Southall & Gilmer (the receipt of which he hereby acknowledges) hath granted bargained & sold and hereby doth grant bargain & sell to the said Southall & Gilmer and to their heirs all the following real & personal estate Viz. 1st the place called Varina in the Parish & County of Henrico lying on the north side of James River and containing one Hundred & sixty eight acres more or less 2nd all that parcel of land lying on the Rivanna River in Albemarle County called Edgehill and supposed to contain two thousand acre, be it more or less 3rd Also the following with all the future increase of the females Viz (Varina) Syphax1, Ned2, Bret3, Betty4, Milly5, Lewis6, Aleck7, Tom8, Mat9, George12, Ben13, Zachary12, Bagwell13, Mason14, Isaac15, Aggy16, (Albemarle) Johnny17, Mingo18, George19 Billy20, Jupiter21, Julius22, Peter23, (Smiter) Isaac24, (Edgehill) Isaac25, Carter Billy26, Daniel27 Phill28, Harry29, John30 Wright, Lewis31 Wright, [Gale? Gate?]32, Brown33, Scylla34, Mary-Ann35 Lucy36, Phannel37 & child 38, Priscilla39, Mary Wright40, Betsy41, Betty42, Lavinia43, Wormly44, Nancy45, Emily46, Martha47, Thenia48, Betsy-Ann49, being in all forty nine to have and to hold the said tracts of land & their appurtenances and the said slaves and the future increase of the females to them the said Southal & Gilmer and to their heirs forever upon trust Nevertheless and subject to the following conditions: that the grantor T M Randolph shall be suffered to remain in quiet possession and receive the rents & profits of all the above conveyed property untill the said Southall & Gilmer shall be required by the said Thomas Jefferson Randolph to sell any part of it to reimburse him money already advanced or which he may hereafter advance for Thomas M Randolph included in the annexed schedule: and whenever the above named trustees shall be so required to do by the said Thomas Jefferson Randolph they the said Southall & Gilmer or the survivor of them or the heirs of such survivor or his executors shall after advertizing the time & place of sale for six successive weeks in some public Gazette printed in Richmond, proceed to sell so much of the property above conveyed (taking care always to begin with the slaves and not to sell any part of the Land untill all the slaves are exhausted) as will fully satisfy & pay to the said Thomas Jefferson Randolph all and every advance he has made or hereafter may make to Thomas M Randolph on any of the bonds, notes, drafts &c included in the annexed schedule and the said Southall & Gilmer or the survivor after paying out of the proceeds of such sale or sales, the expences of executing this trust shall pay to the said Thomas Jefferson Randolph his executors &c the full amount principal & interest which he the said Thomas Jefferson Randolph has already advanced or hereafter may advance on all and every of the bonds, notes, drafts, orders &c included in the annexed schedule and after having satisfied & paid to the said Thomas Jefferson Randolph all the advance aforesaid the said Southall & Gilmer or the survivor shall return to Thomas M Randolph whatever monies shall remain in their hands proceeding from such sales and Thomas Jefferson Randolph is completely exonerated from all liability on each & every of the bonds, notes, drafts, orders &c included in the annexed schedule the said Southall & Gilmer or the survivor shall release to Thomas M Randolph his heir &c all interest in all the property passed by this conveyance. It is hereby expressly convenanted & agreed that the said trustees shall also have power at any time at the request of Thomas Jefferson Randolph to sell all or any part of crop now growing, or of any crop which may hereafter grow upon either of the above mentioned tracts of Land for the purpose of paying any of the debts enumerated in the schedule (A), and that such sale of the crops may be for each without advertisment and further it is hereby expressly covenanted by the said Thomas M Randolph that his endorser Samuel Carr of Albemarle shall equally with Thomas Jefferson Randolph have any benefit accruing from this conveyance so far as to protect the said Carr from any loss by reason of his endorsement of any of the notes &c mentioned in the annexed schedule (A) but Thomas Jefferson Randolph is to have priority of protection &c to the amount of the two bonds due to Kirbys exor mentioned in the schedule and further it is covenanted that all the stock of every kind Agricultural implements &c on both farms Varina & Edgehill shall be disposed of by the trustees at the request of Thomas Jefferson Randolph for the purposes of this trust already mentioned in the same manner as the crops have already been declared disposable. In witness of all which the said Thomas M Randolph hereto set his hand & affixed his seal on the day & year first above written

Lewis Randolph
Benjamin Randolph
James H Randolph
Th M Randolph

Schedule of bonds, notes, drafts, orders &c (A)

Thomas M Randolphs bond: Thomas Jefferson Randolph surety to Robert Kirby of London exor of James Kirby date Feby 7th 1822 for $221483/100 with interest from the 1st Jany 1823 payable 1st July 1823 and the like sum payable 1st July 1824

A note endorsed by Thomas Jefferson Randolph & Saml Carr [. . .] at the farmers bank on theday of November 1823 & paid by Thomas Jefferson Randolph principal & int $36345/100

A Draft on Henry Remsen of New York in favor of Tho Jefferson Randolph not accepted or paid to discharge a note discounted at the Farmers Bank for Thomas M Randolph and endorsed by Th Jefferson Randolph & Saml Carr amount $60280/100 paid by Thomas Jefferson Randolph Feby 1824

A note discounted at the Farmers Bank at 32 days endorsed by P N Nicholas & Thomas Jefferson Randolph paid & taken in by Thomas Jefferson Randolph amount $800

A note discounted at the United States Bank (Richmond) for $165880/100 another for $23500–/100 another for $4000/100 amounting to ten Thousand four hundred Dollars all at the same bank endorsed by Th Jefferson & Saml Carr

A note at the farmers Bank for $3000 endorsed by Th Jefferson Randolph & Samuel Carr A note at the Virginia Amt $1600. endorsed by Th Jefferson Randolph Samuel Carr & Bernard Peyton

A note due to the Virginia Bank for $19010/100 now held by Robert Stanard for the benefit of the said bank endorsed by Th Jefferson Randolph & Saml Carr

In Albemarle County Court Clerks office the 29th day of April 1824

This Deed in trust was presented to me in said office the date above, and proved by the oath of the subscribing witnesses thereto and admitted to accord

Teste
Ira Garrett DC. A.C.
MS (Albemarle Co. Deed Book, 24:268–70).
Date Range
Date
April 1, 1824
Collection
Repository
Albemarle County Deed Book, 24:268–70