Family Stories

Linton Indenture and Contract

Note by Phyllis Brown:  This indenture is important since it lists all the children of William and Eliza Lyon Moran Linton, and the husbands of the two married daughters.  William and Eliza are my great-great-great-grandparents.  I am descended through their son Edward Linton.

William is the son of Captain John and Ann Nancy Mason Linton.  Eliza is the daughter of William Moran, Jr., and Mary Barber.

There was no day listed – only month and year.

Washington County Court Order Book

R-627, September 1850

This Indenture and Contract made and entered into on this    day of September 1850, between William Linton and Eliza his wife, Basil Green and Jane his wife, Daniel L. Mock and Susan his wife, Bushrod Linton, Margaret Linton, George Mason Linton and Mary Rebecca Linton of the first part and Edward Linton of the second part all of the County of Washington and State of Kentucky.  Witnesseth that whereas John Linton, by his last will and testament, devised to John H. Linton in trust for said Eliza Linton and her children above listed, and to secure to said William Linton a support out of the same.  The tract, parcel of land lying in said County containing about 160 acres, whereon said William Linton now lives and also contains negroes therein described.  To wit:  Henry and Mariah and her children part of which are yet living and in said William and Eliza Linton’s possession.  To wit:  Lea, Louisa, Abraham and John.  And whereas many years ago William Moran conveyed to said John H. Linton in trust for said Eliza Linton and her children aforesaid a certain negro man slave named Amos, also in said William and Eliza Linton’s possession and whereas said John H. Linton has been dead for a number of years and no other trustee has ever been appointed in his stead for the management of said estate and since the death of said John H. Linton said Edward Linton has furnished necessaries, expended money and rendered services necessary to the maintenance and support of said William and Eliza Linton and their children in infancy to the full amount of $500 for which said estate is chargeable – now for and in consideration thereof and of said Edward Linton’s contract and agreement hereinafter contained they, the said William Linton and Eliza his wife, Basil Green and wife, Daniel L. Mock and wife, Bushrod Linton, Margaret, George Mason and Mary Rebecca Linton have bargained, sold and conveyed and do by these presents bargain, sell, align and convey unto the said Edward Linton the share, interest, right and title and claim of them and each of them in and to said land and its appurtenances, uses, issues and profits and said slaves and their increase for and during the terms of the natural life of said William Linton and Eliza Linton and the survivor of them but not longer and the said Edward Linton, besides his claim of $500 aforesaid as a further consideration of the aforesaid conveyance to him in consideration thereof covenant and agreed and hereby obligates and binds himself for and with said parties of the second part that he will provide for support and furnish all necessary and suitable maintenance of and for said William and Eliza Linton and such of their infant children as may reside in the family for and during the lives of said William and Eliza Linton and for and during the life of either of them.  It is understood that the said William Linton and wife and their children living with them are to live on the premises and should said Edward Linton die before said William and Eliza Linton or the survivor of them then this contract is to cease and the rights hereby conveyed shall remit to the said parties as though this deed had never been made.

In testimony whereof the said parties have hereunto set their hands and affixed their seals on this the day and year first above written.

Edward Linton

Eliza Linton

William Linton

Bushrod W. Linton

Daniel L. Mock

Susan Mock

Jane Green

Margaret Linton

George Mason Linton

Mary Rebecca Linton

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