Volume 818, Page 355 View pdf image |
355 intention of the parties to these presents that the said deed of trust should have embraced all the right title and interest of the said Henry J Thompson and Elenora Thompson his wife of in and to all the personal estate of the said James Mitchell but from inadvertency in preparing said deed of trust the said personal estate to which the said Henry J. Thompson & Elenora Thompson is or may be entitled was not so conveyed as intended by the said parties. This Indenture therefore witnesseth that the said Henry J Thompson and Elenora Thompson his wife for and in consideration of the sum of five dollars current money to them in hand paid by the said Lucy Mitchell at and before the sealing and delivery of these presents the receipt whereof they do hereby acknowledge the said Henry J. Thompson and Elenora Thompson his wife have given granted bargained sold set over and assigned and by these presents do give grant bargain sell set over and assign unto the said Lucy Mitchell her heirs executors administrators and assigns all the estate right title and interest property claim & demand at law and in equity of them the said Henry J Thompson & Elenora his wife of in and to all the personal property right and credit goods & chattels stocks debts and all the effects whatsoever of him the said James Mitchell of which he died seized and possessed or entitled to in any manner and to which the said Elenora Thompson as one of the his daughters and the said Henry J. Thompson as husband of the said Elenora is in anywise entitled To Have and to Hold the said personal property effects goods and chattels rights and credits stocks & debts so as aforesaid sold unto the said Lucy Mitchell her heirs executors administrators and assigns in trust to and for the uses intents and purposes that is to say to hold keep and retain the possession thereof and to work use hire and sell if necessary and generally conduct control & manage without waste thereof in any manner that to her may seem most desirable during her life the hire use profit issue and sale if found necessary of the said personal property of the said James Mitchell to which the said Henry J Thompson and Elenora Thompson his wife may now or hereafter be entitled as aforesaid being for the use and benefit of the said Lucy Mitchell during her life and the use and benefit of the children or grand children of the said Elenora Thompson should they survive the said Lucy Mitchell or should neither the said Elenora Thompson nor any of her children or grand children be living at the death of the said Lucy Mitchell then the said described trust property shall be distributed by the executors or administrators of the said Lucy Mitchell among the brothers an sisters of the said Elenora Thompson it being the intent and meaning of the parties to these presents that the said Lucy Mitchell shall hold and enjoy the said undivided portion in said described personal property to which the said Henry J. Thompson and Elenora Thompson his wife are entitled during her life for her own use and behoof and in trust for the use and benefit after her death of the said Elenora Thompson her children & grand children if at the time of the death of the said Lucy Mitchell the said Elenora Thompson shall not be living then in trust for the children of the said Elenora Thompson. And if no children of the said Elenora be living at the time of her death then for the use of the grand children of the said |
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Volume 818, Page 355 View pdf image |
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