In Witness whereof the said John W.C. Loud hath hereunto
set hand and seal the day and year first above written
sealed and delivered in presence of
H. R. Sadler Jr
McKliffe Brown* comm'r to take John W.C. Loud SL
depositions & acknowledgements of deeds
& other papers under seal to be recorded
in the State of Florida etc.etc. for the State
of Georgia. In testimony whereof I have
hereunto set my hand and affixed my seal
officially
Recorded July 7th 1849
Robt. Youngblood, Clerk
This indenture made the first day of May in the year one
thousand eight hundred and forty nine, between Charles W. Brush
and Eugene Van Ness, executors of the estate of Dr. Nehiamiah
Brush deceased of the first part, and John Mallery of the second
part. Witnesseth that whereas Nehemiah Brush departed
this life leaving a last will and Testament dated the tenth of
March 1843, which has been duly admitted to probate in
the County and State wherein said Testator died, viz.,
the County of Dutchess and State of New York, and the Executors
therin reside, viz., John H Brush now deceased, Charles W.
Brush and Eugene Van Ness, have been duly qualified as
as such and whereas the said Testator in said will desired
his Executors within a certain specified time to sell and dispose
of all his real and personal estate, some of which is situate
in the State of Florida, in a certain tract of land known
as the Arrendondo Grant, and whereas Eugene Van Ness of
the United States being one of said Executors, by reason of his
profession is obliged to be absent from the business of said estate,
has by his Power of Attorney dated the first day of January 1847
specially made and appointed and empowered and clothed the
said Charles W. Brush his co-executor with all the authority
and power they both could have in the execution of said trust if
acting cojointly, as by reference to said power and will as
recorded in Clerks office of the County of Alachua, State of Florida
will more fully appear. And whereas also at a term of the
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