8 Dec 1851
Powhatan County, VA
Updated November 24, 2022
Overview
In 1851 Richard James Gilliam and Catherine E., his wife, mortgages 750 acres along the James River to Lucien Minor and John Fitzhugh Lay. Lavinia C. Smith was the wife of Nathaniel A. Smith and the daughter of well-connected William Overton Callis loans Richard Gilliam another $4000. William Overton Callis was a distant relative of William Overton, the surety and brother-in-law of Richard J. Gilliam. Richard dies two years later on 8 Mar 1853 leaving Catherine with five young children and the above obligations!
By 1857, Catherine E. Gilliam has met her obligations and is released from the mortgage.
This deed made this 8th day of December 1851 between Richard J. Gilliam and Catherine E. his wife of the one part and Lucien Minor and Jn. F. Lay (who or either of them are or is hereinafter called trustees or trustee and may act under the powers and trusts given and created by this deed) of the other part:
Witnesseth that the said Gilliam and wife do grant unto the said trustee and each or either of them with general warranty the tract of land with its appurtenances now owned and occupied by the said Gilliam in the county of Powhatan containing about seven hundred and fifty acres (750) bounded by the lands of the estate of John Gilliam, the land of Dr. Thos Goode, by the lands of James E. Mayo and by Fine Creek and the said Gilliam and wife covenant that they have the right to convey the said land to the grantees and that the grantees shall have quiet possession of the said land to the grantees and that the grantees shall have quiet possession of the said land. In trust to secure the performance of a bond this day executed by the said Richard J. with William Overton as his surety in the penalty of $800 with conditions that whereas the obligee Lavinia C. Smith has lent the said Richard four thousand dollars which are her’s for life remainder to the children of Nathl. A. Smith her deceased husband. Now if the said Richard or his proper representatives do punctually pay to the Lavinia her agent or assigns on the first day of July next the interest (at the rate of six percent per annum) then accrued from this day upon the said $4000 and the like interest upon the first day of Jan'y in each year thereafter during her life or in case two such installments of interest successively be met punctually paid, if the said Richard or his representatives do pay the said $4000 and all due interest thereon and if he do upon the 1st day of January next after her death pay to her proper representative the interest up to the time of her death and pay to the said children of Nathl A. Smith decd or the person rightfully claiming under them in their several rightful proportions the said $4000 and all interest accrued thereon after the said Lavinia C.’s death then the said obligation to be void also to remain in full force. But either of the said obligators may at any time pay the said $400 with the interest then due therein to the said Lavinia D. or her assigns if the obligors or either of them at least three months before such payment shall have given her or her assigns written notice that such payment would be made and that otherwise.
Witness the following signatures and seals.
Sig: R. J. Gilliam, Catherine E. Gilliam.
Powhatan County to wit
I Wm. Wrenn a justice of the peace for the county aforesaid in the state of Virginia do certify that Richd J. Gilliam whose name is signed to the writing above bearing date on the 8th day of December 1851 has acknowledged the same before me in my county aforesaid. Given under my hand this 31st day of Decem 1851.
Sig: Wm Wrenn, JP
State of Virginia Powhatan County, to wit
We Wm A Turpin and Wm Wrenn, Justices of the Peace for the County of Powhatan in the state of Virginia do certify that Catherine E. Gilliam the wife of Richd J. Gilliam whose names are signed to the writing hereto annexed bearing date on the 8th day of Decem 1851 personally appeared before us in the county aforesaid and being examined by us privily and apart from her husband and having the said writing fully explained to her, she the said Catherine E. Gilliam acknowledged the said writing to be her act and declared that she had willingly executed the same and does not wish to retract it. Given under our hands, this 31st day of Decem, 1851.
Sig: W. A. Turpin, Wm. Wrenn
Powhatan County, Court Clerk’s Office
January the 30th 1852
This day the forgoing deed of trust which has been duly acknowledged by Richd J. Gilliam a party thereto before a magistrate of this county and by Catherine E. Gilliam the wife of the said Richard J. Gilliam before two magistrates of this county and certified was received in this office and together with the certificate of the acknowledgement aforesaid was admitted to record.
Teste
Wm A. Dance
Powhatan County, VA, Deed Book 18, page 527-5281 Jun 1857
This deed made this 1st day of June in the year 1857 between Lucien Minor and Jno F. Lay of the first part, Jno Gilliam, Elizabeth T. Gilliam, William Gilliam, James D. Gilliam and Polly Gilliam, children and heirs of Richard J. Gilliam of the second part and Lavinia C. Smith of the third part whereas by a certain deed bearing date the 8th day of December 1851 between the said Richard J. Gilliam and Catherine E. his wife of the one part and said Minor and Lay of the other part it is witnessed that the said Gilliam and wife did grant unto the said Minor and Lay trustees and each or either of them the tract of land with its appurtenances then owned and occupied by the said Gilliam in the County of Powhatan containing about 750 acres and bounded by the lands of the estate of Jno Gilliam, the lands of Dr. Tho. J Goode, of Jas E. Mayo, and by Fine Creek.
In trust to secure the performance of a bond above day executed by the said Richard J. with Wm Overton as his security in the penalty of eight thousand dollars conditioned to pay four thousand dollars principal and interest in a certain manner set forth in said bond and deed and whereas said sum of four thousand dollars with all interest thereon has been paid to said Lavinia C. Smith the obligee in said bond.
Now in consideration of the premises and for the further consideration of one dollar to them in hand paid before the sealing and delivery of _____ presents the receipt whereof is hereby acknowledged they the said Lucian Minor and Jno F. Lay with the consent of the said Lavinia as ___ by her joining in the execution of this deed have granted, released and confirmed and by these presents do grant, release, confirm unto Jno Gilliam, Elizth T. Gilliam, William, Gilliam, James D. Gilliam, and Polly Gilliam children and heirs of the said Richard J. Gilliam decd all that tract of land with its appurtenances lying in the county of Powhatan herein before set forth, owned and occupied in his lifetime by the said Richd J. Gilliam and convey by him and his wife to the said Minor and Lay In trust, the purposes above mentioned freed and absolutely discharged the said trust and the principal money and interest by thereby secured to have and to hold the said tract of land and its appurtenances to them the said John, Elizabeth T., William, James D. and Polly Gilliam theirs, and assigns, free from the claims of the said Lucien Minor, Jno F. Lay and Lavinia C. Smith or any other persons or person may claim by through or under them or either of them.
Witnesseth the following signatures and seals this day and year first above written.
Sig: Lucien Minor, Jno F. Lay, Lavinia C. Smith
Powhatan County, VA, Deed Book 20, page 30Sources
- Powhatan County, VA, Deed Book 18, page 527-528
- Powhatan County, VA, Deed Book 20, page 30