1855 Nelson County Deed Book 14, p. 217
January 22, 1855
This Deed made by John Anderson this 22nd day of January 1855. Witnesseth that whereas said John Anderson claims as his own property absolute all the increase of a certain negro girl named Rose, willed by the last will of William Lyon deceased to Mary Thurmond Anderson wife of said John Anderson, and whereas said John Anderson has this day employed Alexander Fitzpatrick as counsel to advise: so for if necessary, or to defend any suit that may be brought against him to recover said increase of the girl Rose, for which he has agreed to give to said Fitzpatrick a contingent fee, of one ninth of the whole of said increase as set out in an agreement between him and said Fitzpatrick, but should said Anderson not be entitled to said increase of said Rose, then said Fitzpatrick not to have any fee for his counsel and services, and the said John Anderson being old, and only desiring to secure for himself a support for life, and desiring to make safe to his children in such portions as he thinks proper the increase of said Rose, doth in the first place reserve to himself the right to hire out or keep all of said slaves during the present year to pay his debts and the debts of his wife, and at the end of this year he doth by these presents direct, that all of the said increase of said Rose, be sold to the highest bidder for cash at Fabers Mill after giving ten days notice of such sale by advertisement at three different public places in Nelson County, by Thomas T. (S?) Berry and Alexander Fitzpatrick trustees for that purpose, and out of the proceeds of such sale, after defraying the expense thereof, and the cost of recording this deed, said Berry shall retain one ninth for the benefit of himself & his wife & children, and they the said Berry & Fitzpatrick shall pay one other ninth to Woodson Fox, for the benefit and use of himself and family: One other ninth to David Drumheller for the benefit and use of himself and family, provided said Drumheller will surrender to me a bond executed by my wife & myself to him, but provided he will not surrender said bond to me, then they are to pay to me the amount he claims on said bond out of his ninth, & the balance pay to him, and they shall pay to James Saanders one other ninth for the benefit of himself and family. One other ninth to Moses Dodd for the benefit and use of himself and family, and to Margaret Anderson or her heirs & c one ninth, and the said Alex. Fitzpatrick shall retain one third of the other three ninths as his own, and they shall pay to me two thirds of the last named three ninths, which I reserve for my own support, or to dispose of hereafter as I may deem proper.
As witness my hand & seal the day & date first above written.
John Anderson (SEAL)
Witness
James S. Penn
Thos. P. Fitzpatrick
It is “however” expressly provided that said Berry & Fitzpatrick is not to sell under this deed, untill they give bond with good security for the faithful compliance with its conditions, and this provision shall be taken as part of the above deed Jany. 22, 1855
John Anderson (SEAL)
Witness
Thos. P. Fitzpatrick
Jas. S. Penn
In the Clerks Office of Nelson County Court Janry. 22, 1855, This deed was presented proven by the oaths of Thos. P. Fitzpatrick and James S. Penn two subscribing witnesses hereto and admitted to record.
Teste: L. L. Loving D.C.