Citation
Agreement: Ellen A. Beatty and George Brainerd – May, 20, 1859

Material Information

Title:
Agreement: Ellen A. Beatty and George Brainerd – May, 20, 1859
Creator:
Baker, Christopher A.
Publication Date:
Language:
English

Subjects

Subjects / Keywords:
Civil War
Spatial Coverage:
North America
North America -- United States of America -- Florida
North America -- United States of America -- Tennessee
North America -- United States of America

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Source Institution:
University of Florida
Holding Location:
University of Florida
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This item is presumed to be in the public domain. The University of Florida George A. Smathers Libraries respect the intellectual property rights of others and do not claim any copyright interest in this item. Users of this work have responsibility for determining copyright status prior to reusing, publishing or reproducing this item for purposes other than what is allowed by fair use or other copyright exemptions. Any reuse of this item in excess of fair use or other copyright exemptions may require permission of the copyright holder. The Smathers Libraries would like to learn more about this item and invite individuals or organizations to contact Digital Services (UFDC@uflib.ufl.edu) with any additional information they can provide.
Resource Identifier:
15jc

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[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
and delivered}
George Brainerd (seal)
Ellen A. Beatty (seal)
In presence of
E.S Cullan









Henry Shores
Witnesses for George Brainerd
J. Patton Anderson
M.L. Bybee
[Witnesses for Mrs. Beatty]

Transcribed by Christopher A. Baker, University of Florida, 2008.




Full Text

PAGE 1

[1859 May 20] Articles of Agreement entered into this Twentieth day of May One Thousand Eight Hundred and Fifty Nine, between Ellen A. B eatty late Ellen A. White, widow of Joseph M. White decd. of the town of Monticello and State of Fl orida 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 en titled to certain lots and tracts of land lying in the city of Pe nsacola and the County of Escambia and Santa Rosa in said State, in and by virtue of th e 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 a nd 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 pu t 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 lo ts 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 he reby 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 whatso ever in consequence of the agreement, provided however and it is so understood by a nd 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. B eatty and George Brainerd have herewith interchangeably set on hand and seals the day a nd date first above written. Signed sealed and delivered} George Brainerd (seal) Ellen A. Beatty (seal) In presence of E.S Cullan

PAGE 2

Henry Shores Witnesses for George Brainerd J. Patton Anderson M.L. Bybee [Witnesses for Mrs. Beatty] Transcribed by Christopher A. Baker, University of Florida, 2008.