Deed to Nancy Baker's Trustee, 1845

On 24 Jan 1845, following the deeds made by the Bakers to Quirey, Tyler and Hardy, the following deed was entered in which Quirey, Tyler and Hardy, along with John H. Baker himself, acknowledged the marriage contract between Baker and his wife, and conveyed to her trustee a group of mostly female slaves, along with the personal estate of Baker at the Crooked Creek furnace, the land on which the furnace was located, two additional large tracts of land, along with a cash payment.

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This indenture made this 24th day of January 1845 between Charles Quirey, James E. Tyler and Nathaniel Hardy of the first part and John H. Baker of the second part, and Sterling B. Barner as trustee and in trust for and on behalf of Nancy D. Baker, wife of the said John H. Baker, of the third part.

Witnesseth that the said parties of the first part for and in consideration of said Baker and wife on this day having executed a deed to said Quirey and Tyler for the Salt River forge and furnace and lands therein mentioned and the release by said Baker and conveyance to said Hary of seven negroes as stated and named in said conveyance, and the further consideration of a marriage contract between said John H. Baker and his wife, then Nancy D. Brooking, by which certain slaves which then belonged to her were to remain her separate estate after the marriage of the said John and the said Nancy and part of which negroes, without her consent, were mortgaged by said John H. Baker to the said Hardy, and the residue bought by the said Hardy under execution against the said John H. Baker, and which negroes the said Nancy D. Baker now claims of right to be her separate property under said marriage contract with said John H. Baker, the receipt of said conveyances are hereby acknowledged by said first parties, the said first and second parties have bargained and sold, and by these presents do grant, bargain and sell and convey to said third party the following negroes to wit: Patsy and her six children named William, Maria, George, Emerine, James and David; Mary and her two children, James Thomas and Jonathan; Sally and Sarah Jane with the increase of the females of any.

Also all the personal estate which the said John H. Baker mortgaged to Quirey and Tyler and which is now in the possession of the said John H. Baker at the Crooked Creek furnace.

Also the two hundred acres of land purchased by said Baker of the Colling's and one hundred and twenty six acres of land also purchased of the Collin's on which tracts the Crooked Creek furnace is situate.

Also 2000 acres of land on Long Lick Creek called the West Tract; also a house and lot in Shepherdsville and twenty acres of land adjoining Shepherdsville; also 5000 acres of land in Bullitt County called the Railey tract; and further the said Quirey and Tyler agree to pay to the party of the third part the sum of $500 cash in hand on the due execution and acknowledgement of the deeds aforesaid by said Baker and wife, and $250 in goods at fair prices in Louisville or iron at the forge below Shepherdsville.

To have and to hold the same unto the said third party in trust for the separate use of said Nancy D. Baker, separate and apart from her said husband, said John H. Baker, and not to be liable to his debts or his contracts; and the hire of the negroes to go to her separate use and benefit, and said land and slaves are not to be sold by said Baker and wife without the written consent of the said third party, and if the same or any part thereof be thus sold, the proceeds to be reinvested for said Nancy's separate use, the receipt of the said Nancy to be a sufficient discharge to the said trustee for the hire of the negroes and rent of the land, or the trustee may permit the said Nancy to have the possession of said slaves and lands and said personal estate for her own use and comfort without any liability on said trustee, and said Barner is to convey to another trustee at any time on the written request of said Nancy upon the trusts.

The said first parties do not warrant the title to the said property and are in no event to be liable for the title, consideration money or otherwise in any way or from any cause or contingency whatever and said second party for himself and her heirs agreed with the third party to warrant and defend the title to the property hereby conveyed to said third party and to her heirs and assigns forever against the claims whatever, and said third party accepts this deed and binds himself to comply with the same and in further consideration of this conveyance the party of the third part as trustee for Mrs. Baker is to pay to said Hardy within a year after the execution of this deed the sum of $250 in pig metal at the Louisville prices and which $250 is to be a lien on the property hereby conveyed in trust, except the $500 cash and $250 in goods or iron. In witness whereof all the parties set their hands and seals on the day and year aforesaid. (signed) Charles Quirey, James E. Tyler, Nathaniel Hardy, John H. Baker, S. B. Barner