Deed of Trust: Boerley to Lover

This Indenture made this 31st day of July 1846, between Thomas Burley, of the County of Jefferson and state of Virginia of the first part, Samuel Lover, of the said County and State, of the second part, and Charles Burley and Mary Burley of the said County and State of the third part. Whereas the said Thomas Burley doth truly and affectionately love his children, the said Charles Burley and Mary Burley, and wishes to secure to them the blessings of education and further to provide for their welfare. Now this Indenture witnesseth that for and in consideration of the premises, and also for the further consideration of one dollar, lawful money of Virginia Currency, to the said Thomas Burley in hand paid by the said Samuel Lover, at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, he the said Thomas Burley hath given and bequeathed and by these presents doth give and bequeath unto the said Samuel Lover, all the stock, articles and money belonging unto the said Thomas Burley, consisting of chiefly of the articles named in the schedule signed by the said Thomas Burley and hereunto annexed as a poart of this deed. To have and to hold the said articles, money and stock to the said Samuel Lover, his executors, administrators, and assigns, to the only proper use and behoof the said Samuel Lover, his executors, administrators and assigns, and the said Thomas Burley for himself, his executors and administrators, does covenant with the said Lover, his executors, administrators, and assigns that he the said Thomas Burley will, and his executors and administrors shall warrant and defend the same to the said Lover, his executors, administrators and assigns, against the lawful claims and demands of all persons whatsoever. Upon Trust nevertheless, that the said Lover, his executors, administrators and assigns, shall permit the said Thomas Burley to remain in quiet possession of the said stock, articles, and money, and to continue the use thereof until the children shall have become 21 years of age, then upon this further trust that so soon as the said children or either of them, having arrived at the age of 21 years, shall request the said Lover, he shall dispose of the said articles for cash, which together with the amount of cash on the schedule annexed hereto he shall pay over unto them in equal proportions, after deducting the expenses of executing this deed, and also after allowing all the expenses which the said Burley may go to in the education and support of the said children from now until the time of such sale, and paying the same to him; but should the children depart this life before arriving at the age of 21 years, then the said Lover, his executors, administrators, or assigns shall transfer unto the said Thomas Burley, his executors or administrators or assigns, the articles and money hereby conveyed. In Testimony whereof the parties to this deed have hereunto set their hands and seals the day and year first above written.

Thomas Boerley (seal)
Samuel Lover (seal)

Schedule
Cash – $40.00
James Harris Note – 40.00
M Doran’s – 450.00
Joe Reynolds – 31.00
An assignment on Wm. Medler
1 Grey Horse
2 Featherbeads & bedding
1 [?] bedsteads
1 Beaureau
1 Looking glass
3 Stoves