Marriage Contract (Bulloch/Eliott)

On May 8, 1832, James S. Bulloch, a planter of Liberty County, entered into a marriage contract with Martha Elliott, a widow of Chatham County, with Daniel M. Stewart, of Glynn County, and John Dunwody, of Liberty County, named as her trustees. The contract stated that Martha Elliott, “as one of the heirs of her late father, General Daniel Stewart, is entitled in her own right to receive, have and possess an undivided part or portion of all the real estate of her late father: and whereas the said Martha Elliott, as the widow of her late husband, the Honourable John Elliott, is also entitled to receive, have and possess an undivided part or portion of all the real estate of her late husband, and whereas the said Martha Elliott is also possessed in her own right of the following negro slaves, thirty nine in number, herein after particularly mentioned and described: And whereas, upon the contract of said intended marriage, it was agreed to make a settlement of the estate, both real and personal, as well [as] that in possession or in expectancy, which the said Marth Elliott is entitled to receive and enjoy, to and for the uses & trusts herein after particularly expressed.” 

Martha Elliott, having named Daniel M. Stewart and John Dunwody, as her trustees, transferred to them, in trust for her, “all the undivided interest, portion or part of or in the real estate of her late father, General Daniel Stewart, late of Liberty County in the State of Georgia, deceased, to which she the said Martha Elliott is now, or may at any time hereafter become entitled, as one of the heirs of her said father, pursuant to the laws of the State of Georgia: Also all the undivided portion, interest or part of or in the real estate of the late John Elliott of Liberty County in said State, deceased to which the said Martha Elliott, as widow of the said John Elliott, is now, or may hereafter become entitled under and by virtue of the laws of said State. Also all the following named negro slaves, thirty nine in number; namely, Bob (carpenter), Rose, Leah, Monroe, Sylvia, Bristol (carpenter), Lavina, Byron, Hagar, Sarah Ann, Old Sylvia, Adam (carpenter), Luke, Cupid, Jacob, June, March, William, Daphne, Nanny, Caesar, Malia, Polly, Nancy, George, Sandy, Sally, Paul, Maurice, Billy, Lucy, Hagar, Paul Jr, James (shoemaker), Phillis, Moses, James, Joe and Moll; together with the future issue and increase of the said female slaves. To have and to hold, receive and take the said undivided interest, portion or part of or in the said real estate of the late General Daniel Stewart, deceased, to which she the said Martha Elliott is now, or may at any time hereafter, become entitled, as one of the heirs of her late father, the said General Daniel Stewart, deceased. And also all the said undivided portion, interest, or part of or in the real estate of the late John Elliott, deceased, to which the said Martha Elliott, as widow of the said John Elliott, is now, or may hereafter, become entitled: And also to have and to hold all the said negro slaves, thirty nine in number, namely, Bob (carpenter), Rose, Leah, Monroe, Sylvia, Bristol (carpenter), Lavina, Byron, Hagar, Sarah Ann, Old Sylvia, Adam (carpenter), Luke, Cupid, Jacob, June, March, William, Daphne, Nanny, Caesar, Melia, Polly, Nancy, George, Sandy, Sally, Paul, Maurice, Billy, Lucy, Hagar, Paul Jr, James (shoemaker), Phillis, Moses, James, Joe and Moll, together with the future issue and increase of the said female slaves.” 

Martha Elliott’s property put into trust was to be used by the trustees for the join use and benefit of James S. Bulloch and Martha Elliott, during their joint lives, but were not to be subject to any debts of James S. Bulloch. Martha Elliott could apply in writing to sell any part of the property, or change or revoke any of the trusts in the marriage contract, “thereby exercising complete control by her will over said property as fully as she might or could do, if the same were her property, solely & absolutely, & not made subject to the trusts expressed in this Indenture.” If she were to die without a will or having otherwise expressed her wishes for disposition of her property, then it was to be held in trust for the use and benefit of James S. Bulloch during his natural life, but not subject to any debts of his, and upon his death, to be held in trust for the use and benefit of Martha Elliott’s heirs. 

Witnessed by Notary Publics Geo. [George] Schley and W.H. Bulloch. Recorded in Liberty County Superior Court on June 12, 1832.