Marriage Settlement (Bacon)

“State of Georgia, Liberty County } Know all men by these presents that whereas the marriage relations heretofore and for many years existing between Henry W. Bacon and Julia A.C. Bacon in consequence of unhappy differences existing between them they have mutually agreed and do hereby agree to live separate and apart. Now in consideration of these presence [SIC] this Indenture made and entered into between the said Henry W. Bacon of the first part and the said Julia A.C. Bacon of the second part, and Edmund B. Way, trustee of the said Julia A. C. Bacon of the third part, witnesseth that the said Henry W. Bacon covenants and agrees and by these presents doth covenant and agree to relinquish, transfer, assign and deliver unto the said Julia A.C. Bacon or Edmund B. Way her Trustee the following negro slaves to wit Charles Wesley Nancy and to account and settle for such property of the said Julia A.C. Bacon as he has disposed of. And the said Henry W. Bacon further covenants and agreed not to sue the said Julia A.C. Bacon at any time hereafter for the restitution of conjugal rights and that the said Julia A.C. Bacon shall enjoy her separate property and all and singular the [one word], good, and chattel she may acquire….” Julia Bacon also agreed to give up her rights described in a deed of trust between her, Henry W. Bacon and Edmund Way in the “territory of Florida” dated October 24, 1832. She also relinquished her right to the tract of land on which Henry W. Bacon was residing in McIntosh County, two hundred acres, as well as her dower rights. Witnessed by S. Spencer, notary public of McIntosh County, James ?D? McConnell, N.P. on September 24, 1860. Recorded on 26 September 1860 by Jesse Brewer, Clerk. 

[Second document] Henry W. Bacon, McIntosh County, acknowledged receipt on September 24, 1860 of $1 “and other good & lawful considerations” from Edmund B. Way as trustee for Mrs. Julia Ann C. Bacon and her child Julia in return for conveyance to him “of the slaves Mary and Anna.”  He also sold to Mrs. Julia Ann C. Bacon and her child Julia “the three negro slaves Wesley, Charlies & Nancy, to be held in trust for the said Julia C. Bacon during her natural life & at at her death to be the property of her said child Julia should said child survive her.”

[Third document] Henry W. Bacon, as principal, and Geo. T. Handley, Thomas B. Wheeler, Robert Long and Sheldon M. Chapman “as securities” were “bound and firmly held to Edmund B. Way as Trustee for Mrs. Julia A.C. Bacon for $2000 on September 24, 1860. “The conditions of the above bound is such that whereas the above bound Henry W. Bacon has in his possession two slaves: viz: – Jenny and Samuel held by said Edmund B. Way as Trustee aforesaid and whereas it is the desire of said Trustee that said Henry W. Bacon should have the use and enjoyment and profits of the labors of said slaves during his natural life. Now should the said Henry W. Bacon not remove or cause to be removed the said slaves from the bounds of the State aforesaid or sell or dispose of the same but shall keep said slaves within the aforesaid bounds so that they shall be returned safely to the said Edmund B. Way Trustee as aforesaid or his successors; at the death of the said Henry W. Bacon for the sole use of his daughter Julia B. Bacon should she survive or should said Henry W. Bacon at any time during his lifetime bona fide surrender or deliver said slaves Jenny and Samuel to said Edmund B. Way trustee as aforesaid or his successors and surrender all claim thereto to his said daughter Julia B. Bacon then and in that case the above bond or obligation to be null and void; otherwise to remain in full force and virtue.” Witnessed by R.H. Quarterman, S. Spencer Not Pub. Recorded on 26 September 1860 by Jesse Brewer, Clerk. 

[Fourth document] “Mr. E.B. Way. I request you as my trustee to sign a bill of sale by which I have sold Sam a boy about [blank] years to Mr. G.W. Dunham for Mrs. A.C. Hart. Liberty Co. 11th March 1852. Julia C. Bacon.” Recorded on 26 September 1860 by Jesse Brewer, Clerk.