Humphrey Simmons to James Guthrie

This indenture made this tenth day of May one thousand eight hundred and thirty eight between Humphrey Simmons and Elizabeth his wife of Bullitt County Kentucky of one part and James Guthrie, trustee hereby created for that purpose for Mrs. Sarah Colmesnil, the wife of John D. Colmesnil, all of Jefferson County and City of Louisville and State aforesaid. Withesseth that whereas said James Guthrie paid me the sum of two thousand dollars to purchase that part of the tract of land herein after mentioned called the Paroquet tract, on Salt River, and I did purchase for said Guthrie and myself said tract of land at the price of three thousand dollars and by agreement one hundred acres thereof lying on the east end of said tract was for my benefit at the price of one thousand dollars by me paid to said McDowell as McDowell's deed to me Humphrey Simmons dated the 15th day of September 1836 recorded in Bullitt County Court office in deed book H, page 345 will more fully show, and whereas said one hundred acres has been laid off out of said tract for said Simmons agreeably to said consent and understanding of the parties and which said hundred aces belonging to Simmons is bounded as follows viz. Beginning at an oak on the bank of Salt River corner of Humphrey Simmons' land purchased of Guy Phelps, thence with said Humphrey Simmons' line north 36 1/2 degrees west two hundred and thirteen poles two tenths(?) to a stake, thence with the meanders of the Shepherdsville and Mount Washington road, and with the middle thereof south thirty seven degrees west eighty three poles three feet to a stone in the middle of the road, thence parallel with the first line south 36 1/2 degrees east one hundred and eighty four poles to a stake on the bank of Salt River, thence up the river and binding thereon about north fifty seven degrees east eighty poles 1 3/4 feet to the Beginning. The balance of the said Paroquet tract so purchased of McDowell is the tract here sold to Guthrie and is bounded as follows. Beginning at the aforesaid stone being the divisional corner of Simmons and Guthrie in the middle of the said road, thence with the middle of the said road and the meanders thereof towards Shepherdsville until it strikes the line of Shepherd's 900 acre survey and McGee's line, thence with the line of said Shepherd and McGee patent tracts and Maraman who claims under Shepherd to the patent corner of said tracts on the bank of Salt River and up the river and bearing thereon to the aforesaid stake, the divisional line of said Simmons and Guthrie, thence with their divisional line out from the river north thirty six and a half degrees west one hundred and eighty four poles to the stone in the Shepherdsville road the beginning corner aforesaid and divisional corner of this and Humphrey Simmons' land, with it appurtenances to have and to hold the same to him the said James Guthrie in trust to secure to the said Guthrie the sum of two thousand by him paid for said land to McDowell through said Humphrey Simmons as aforesaid with interest hereon from the 10th day of September 1836 until paid and also in trust to secure to said Guthrie all such sums of money as he has already advanced or may hereafter [missing text] said tract of land with interest from the time such advancements for improvements was or shall be made in such sums so advanced until paid and after paying and satisfying said sums of money then to hold said land by him said Guthrie in trust for Mrs. Sarah Colmesnil, wife of said John D. Colmesnil, and to and for her separate use and benefit free of and from the control of her said husband and to her heirs in fee forever, and that she the said Sarah Colmesnil may live on said land and premises and that she shall enjoy all and singular the benefits and advantages of and resulting from the same in anyway. And that said tract of land and premises may be leased for the separate use and benefit of the said Sarah Colmesnil, and that the said land and appurtenances shall not be sold by the said Colmesnil wife without the assent of said Guthrie who shall enter in the act of sale.

And said Humphrey Simmons and wife warrant and defend the title to said land here sold to said James Guthrie in trust for the said Sarah Colmesnil and her heirs forever as herein before expressed, and for no other purpose and on no other conditions to hold whatever against the claim of said Simmons and wife and all persons claiming by from through or under them, and in case of loss of said land or any part thereof no individual responsibility to arise against said Simmons, hereby transferring to the grantees the right of recourse over to McDowell fully, and the said Guthrie accepts the trust herein and this deed for record. Witness the hands and seals of the said Simmons and wife the date first herein written. (signed) H. Simmons, Elizabeth Simmons

I agree to and accept the above deed. (signed) Jas Guthrie.

State of Kentucky, Bullitt County, towit I H. Wm Edwards, deputy for Noah C. Summers, clerk of the county court for said county, do certify that the deed from Humphrey Simmons and Elizabeth his wife to James Guthrie in trust for Mrs. Sarah Colmesnil was this 12th day of May 1838 produced to me and acknowledged by the said Humphrey Simmons to be his act and deed. And the said Elizabeth being examined by me privily and apart from her husband declared that she did freely and willingly seal and deliver said writing and wished not to retract it and acknowledged said writing again shown and explained to her to be here act and deed and consented that the same may be recorded. Whereupon the same is truly recorded in said county court office. Attest. H. Wm Edwards DC

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