Marriage Contract (Maxwell/Cumming)

On November 21, 1838, Susan Mary Maxwell, daughter of John Jones Esquire, late of Liberty County, and the widow of James Audley Maxwell, Esquire, also of Liberty County, entered into a marriage contract with Joseph Cumming Esquire, of Chatham County, with Charles Colcock Jones, John Jones, and Ralph King as her trustees. As part of the contract, she turned over to the trustees “all and every the following personal estate, that is to say – Twenty Negro Slaves: Marcus, Syhax [SIC, alt: Syphax, Cyphax], Peggy and her child John, Matilda, Mag, Malvina, Hamlet (Driver), Augustus, Prince, Little Hamlet, Willoughby (infirm), Annette & her two children Mary & Theresa, Cate, Tom, & Jupiter (old)…” [NOTE: The document says there are twenty slaves, but only eighteen are named.]

Also turned over to the trustees was the following land: “all that her real estate consisting of one moiety or half part of two tracts of land; one of said Tracts containing (202) two hundred & two acres, & known by the name of Monte-video [alt: Montevideo] adjoining Lands of Mrs. Mary Jones situated on North Newport River, and the tract containing (404) four hundred & four acres, known by the name of Cooper’s Tract [alt: Couper], adjoining lands of the Estates of Samuel S. Law and Mrs. Carter, both of said Tracts adjoining each other & lying on said North Newport River & whenever divided between said Susan Mary Maxwell & Charles Colock [SIC: Colcock] Jones, the only & equal owners of said Tracts of Land, the half upon which the Dwelling House and settlement stands, shall belong to the said Charles Colock [SIC] Jones, the dwelling house & settlement having been put up at his own private expense according to a special agreement drawn up & signed by Susan Mary Maxwell & Charles Colock [SIC] Jones…” [NOTE: A copy of this agreement, dated October 10, 1834, at Maybank on Colonels Island, was included in this document.]

Also included was “the one third part of portion of the estate real & personal of James Audley Maxwell deceased, now existing or hereafter to exist by Deed, will, Legacy, Heirship or otherwise, which said Susan Mary Maxwell may be entitled to.” When that estate was divided, Susan Mary Maxwell and her two children, Laura Elizabeth and Charles Edward Maxwell, were to receive one third part, which was to be attached to this “Deed of Settlement” and turned over to the trustees.

Witnessed by W. Maxwell, M.E. Robarts, Mary Jones. Probated by William Maxwell on December 19, 1838, before Thomas W. Quarterman, J.P. Recorded on January 28, 1839, by E. Way, Clerk.