Marriage Settlement (Way/Way)

On July 20, 1835, Edward Way, of Jefferson County in the Territory of Florida, turned over to John McLemore, of the same county, land in the territory and “the following Slaves for life with their future increase, Wallace, Eliza, Paul, Hagar, Peggy, Charlotte and Harry,” in addition to the hogs, horses, cattle, farming utensils, and household and kitchen furniture. Way stated that he was planning to leave the territory “and may not return,” so he wanted to secure the future for his wife, Mary Way, and his children, Edward Franklin and Mary Caroline, and was turning over the property in trust for them. They were to be allowed to “use occupy and freely enjoy the same free from molestation, by him or any person whatever, and under her control as if she was a femme sole until her said Children, or either of them shall be able to manage for her and themselves, giving to the said Mary to sell barter trade convey any or all of the premises herein described or intended to be conveyed…” Witnessed by Mjohn H. Beall, Wm. [William] Budd. Probated by John H. Beall before John P. Wynn, Clk, C.C.J.C. and said to have been recorded in Book B, Folios 181 & 182 on 21 July and the affidavit in Book B, Folio 183, on July 24, 1835. Recorded on March 25, 1839, by Edward Way, Clerk [of Liberty County Superior Court].

On the next page in Deed Book L was an indenture dated March 4, 1839, in which Edward Way, Liberty County, used as collateral on a promissory note of $400 Mary Way a tract of land in Liberty County containing 490 acres, originally granted to John O. Baker as 500 acres on his headrights, with 10 acres held out after Baker had given it to Mrs. R. Minton. The 490 acres was said to have been bounded at the time of survey by vacant land on all sides. Witnessed by Jas. [James] S. McCollough, David Zoucks, J.P. Recorded on March 25, 1839, by E. Way, Clerk.