Newberry County, South Carolina Genealogy Trails
transcribed by Horretta Wilkins
rodneyraw@optonline.net

Source: Deeds Newberry, SC;  Book GG;  Pages 3 - 5

Copied in: FHL US/CAN Film 24248 - Deeds, v. GG-II, KK 1856-1866 

A Conveyance from FF Calmes to John B. Carwile

The State of South Carolina

Newberry District

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      Whereas WW Calmes as my attorney and agent by virtue of a power of attorney made and executed by me bearing date the thirtieth day of November Eighteen hundred and fifty five; has sold my whole estate both real and personal (except two tracts of land) has collected all sums of money due me, paid my debts and made a settlement as therein directed, and whereas also upon said settlement the share which I intend to convey to John B. Carwile, in trust for my daughter Sarah F. Calmes, has been ascertained to be Eleven thousand eight hundred & forty one dollars and 35 cents, and a negro girl Dixay about fourteen years of age.  Now know all men by these presents that I Fielding F Calmes, of the District of Newberry and State aforesaid for and in consideration of the natural love and affection which I bear to my daughter the said Sarah F Calmes, do hereby give transfer and convey to John B. Carwile, the said sum of Eleven thousand eight hundred and forty one dollars, thirty five cents, the negro girl Dixay aforesaid and an interest in the remainder of my real Estate yet unsold to the extent of one eighth on the following terms and conditions to incl. for the sole and separate use of the said Sarah F Calmes so long as she may remain unmarried, and that the said John B Carwile shall be fully empowered with the consent of the said Sarah F Calmes expressed to him in writing to invest all or any portion of the money herein conveyed in such property real or personal as he may see fit, and that he be further empowered with the consent of the said Sarah F Calmes expressed, as aforesaid to sell said property and the property herein conveyed or an property which may be held by him as such trustee and to keep the funds arising there from at interest or to reinvest these at such liua?l and in such property as he may decree most to the interest of the said Sarah F Calmes all the property purchased and funds raised as above mentioned to be subject to the trusts herein declared.

      I hereby authorize the said John B Carwile, trustee as aforesaid to pay my daughter the said Sarah F Calmes such a sum of money annually as may be necessary for her support and maintenance provided such sum shall not exceed nine hundred dollars and that the said John B Carwile shall be reimbursed any expenditure which he may be required to make executing the inst herein created, and that he receive as a compensation for his services two and a half percent commissions on all monies received and a like commission on all sums paid out including commissions on all sums of money paid or handed over to the said Sarah F Calmes, or to her and her husband as herein after directed for to her dishibutees or legal representative in case of her death.  I hereby authorize the said John B Carwile by the consent of the said Sarah F Calmes.  I hereby authorize the said John B Carwile by the consent of the said Sarah F Calmes expressed in writing to appoint a successor with the same powers herein conveyed to him, and who will hold the trust funds and property under the same limitations as herein described.

      In the event of the marriage of the said Sarah F Calmes the said John B Carwile or his successor is hereby authorised to convey all property funds and chores in action which he may hold at the time as trustee of the said Sarah F Calmes to her husband in trust for the joint use of husband and wife during their joint lives and at the death of either of them to the survivor during his or her life, and in the event there being no issue of my said daughter Sarah F Calmes by any husband whom she may marry, then at the death of my said daughter, the said Sarah F Calmes and her then husband, the property, funds and chores in action above in actioned shall go to and vest in her next of kin exclusive of the husband according to the act of this state for the distribution of intestates estates now in force.  But in the event that the said Sarah F Calmes should die leaving issue living at her death then and in that case the property funds and chores in action above mentioned shall go to and vest in the issue of my said daughter after her death and the death of her husband who may survive her.  Given under my hand and seal this Ninth day of April Eighteen hundred & fifty six.

Signed sealed and delivered in presence of

WW Houseal      F F. Calmes

DW Ramage


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