3 August 1791
STATE OF GEORGIA
COLUMBIA COUNTY
THIS INDENTURE made on third day of August in the Year of our Lord one thousand seven hundred and ninety-one, between John Cobb of the County of Washington, in the State aforesaid the Elder Planter of the one part, and Howell Cobbs, Susannah Bostick, Mary Cobb, John Addison Cobbs, Henry Willis Cobbs, and Mildred Lewis Cobbs, the sons and daughters of the aforesaid John Cobbs by Mildred Cobbs late deceased of the other part.
Witnesseth that in consideration of the natural love and affection which the aforesaid John Cobbs had and bears towards his several above named children and in further consideration of the sum of five shillings to him in hand paid by each of the above named children, the said John Cobbs doth by these presents give and grant unto the aforesaid children a certain tract or parcel of land on the ????able fork of the Peora River in the state aforesaid in the name of Horatio Marbury containing four thousand one hundred and twenty-five acres, citation to a plot thereof and hereunto annexed will more fully and at Large appear, to be divided, and distributed, in the following proportions, and manner following, namely twelve hundred acres of the aforesaid land, Howell Cobb is to have the first choice but with this qualification, to be laid off adjoining one or more of the old lines, and run as nearly in a square as the situation of the past, where he may make his situation, ????.
Also one thousand acres of the above said tract of land first mentionned to Susannah Bostick, wife of Charles Bostick the younger, the second choice of the aforesaid tract of land, having particular regard to the same mode, and manner of laying off, and surveying the aforesaid number of acres, as is described for the quantity to be laid off and admeasured for my eldest son Howell Cobbs.
Also one thousand acres to Mary to have her third choice, and to observe the same manner and mode in laying off and admeasuring as was before pointed out and observed.
And the residue of the aforesaid tract of land, first mentioned, to be admeasured and surveyed for my youngest child Mildred Lewis Cobbs.
Twenty-four hundred acres of land to be laid out on the Appalachia River in an oblong from the river agreeable is a survey to be made hereafter, and the said Land to be equally divided, agreeable to Quantity and Quality by John Cobbs Junior Esquire. Between John Addison Cobbs and Henry Willis Cobbs giving John Addison Cobbs the first choice after the said division, it being part of a tract run in the name of Basil Jones containing seven thousand one hundred and twenty five acres beginning on the lower line of the said Survey.
The said John Cobbs the elder doth also give and grant unto his children aforesaid the following Negroes, to wit:
... to Howell Cobbs my eldest son, I give and grant the negroes Ben, son Ben, Glasgow, Joshua, Idy, Polly, Betsey, and Polly's child Betsey;
... to Susannah Bostick the wife of Chestley Bostick, the negroes Will, John Josiah, Robin, Billy, Rachel, Vinny and Joe;
... to Mary Cobb I give and grant the following Negroes to wit, Jack, Bristol, Alice, Fanny, Dolly, Nanny, Lydia, and Betty's child James.
... Also to John A. Cobbs the negroes Neptune, Betsey, her children John and George, and Fanny's child Nancy,
... Also to Henry Willis Cobbs, Phillis' daughter Sally and her child, also her daughter Molly and her child,
... Also to Mildred Lewis Cobbs, Tabitha and her sister Phillis, daughter of Jackey.
To Have and to hold the above mentioned tract of Land, with the divisions and proportions as before, pointed and out described, to each of the several named children, and also the Negroes above named to each of the several named children severally described and enumerated to them and their heirs forever; with this condition, provided nevertheless that the said John Cobbs the Elder hath the care and charge with the profits of the said land and negroes mentioned in this Indenture until his children or such child who is entitled by this Gift and grant to such Land, and negroes as is described and mentioned herein; until such time as the children may marry or arrive of the age of Discretion, or twenty one years, except the increase of such negroes which is not to be understood to be included in the term profits herein mentioned, and in case of the death of either of my children, the negroes to be divided equally among the survivors, and the land to be in such case equally proportioned and divided among the Boys; provided also nevertheless that the further Condition of this gift and grant is that neither of my above mentioned children shall ??? , sell or dispose, or lease for a term exceeding seven years without my approbation or consent expressed in writing and under a seal.
In Witness whereof I have hereunto affixed my hand and seal the day and Year first written, and of the sovereignty and Independence of the United States of America the sixteenth.
Signed sealed and delivered before us,
Jn Cobbs
R. Dickinson
Jno. Cobbs
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