[1859 May 20]
Articles of Agreement entered into this Twentieth day of May One Thousand Eight
Hundred and Fifty Nine, between Ellen A. Beatty late Ellen A. White, widow of Joseph
M. White deed. of the town of Monticello and State of Florida of the first part and
George Brainerd of the city of Pensacola and State aforesaid of the other part.
Witnesseth that whereas the said Ellen A. Beatty is believed to be entitled to certain lots
and tracts of land lying in the city of Pensacola and the County of Escambia and Santa
Rosa in said State, in and by virtue of the wish of her late husband the said Joseph M.
White decd. Now if the said George Brainerd shall seek, discover, investigate and secure
the title of the said tracts and lands, and shall secure and confirm that which is doubtful in
said title, either by action at **** on in **** whenever the same may become necessary
or by any other lawful ways of means shall put the said Ellen A. Beatty in possession of
all or any of the said lots or parcels of land so bequeathed as aforesaid, then and in that
case the said George Brainerd shall have and receive as a compensation for his care,
trouble, and expense the one half part of all the land or lots so recovered and with which
the said Ellen A. Beatty shall have been put in possession by the said George Brainerd,
and in all cases in which it may become necessary and which the said George Brainerd
may compromise any claim or claims to any lots or lands as aforesaid, then and in that
case the said George Brainerd shall have and receive one half of the sum or sums so
received in such compromise. And the said George Brainerd is hereby fully authorized
and empowered to enter into and effect said compromises when in his judgment it shall
be best for the interests of the said Ellen A. Beatty; and the said Ellen A. Beatty shall and
will confirm and render valid all such compromises and execute all due instruments in
writing to carry the same into effect.
And the said George Brainerd assuming to himself and promising to pay off and
discharge all the expenses, lawyers fees, and other costs and charges accruing and
incident to the prosecution of this business, and that the said Ellen A. Beatty shall in
nowise be subjected to any expense whatsoever in consequence of the agreement,
provided however and it is so understood by and between the parties to this agreement
that the same shall in nowise extend to the lot in the City of Pensacola belonging to the
said Ellen A. Beatty no in the possession of Mrs. Rebecca Bright and upon which taxes
are paid by her for and on behalf of the said Ellen A. Beatty.
For the faithful performance of all which the parties to these presents do herewith bind
themselves, their heirs, executors and assizes, each to the other firmly by these presents.
In testimony whereof she the said Ellen A. Beatty and George Brainerd have herewith
interchangeably set on hand and seals the day and date first above written. Signed sealed
George Brainerd (seal)
Ellen A. Beatty (seal)
In presence of
Witnesses for George Brainerd
J. Patton Anderson
[Witnesses for Mrs. Beatty]
Transcribed by Christopher A. Baker, University of Florida, 2008.