Marriage Contract (Lewis/Stewart)

On March 2, 1810, Sally Lewis, widow and relict of Elijah Lewis, and Daniel Stewart, planter of Liberty County, entered into a marriage contract, with Samuel Lewis and Charlton Hines, both planters of Liberty County, as her trustees. Put into trust for her was “certain real estate, as well as … certain negro slaves, named Plato and Bess, and their five children, named Sam, Sylvia, Plato, Jack and Rose; Patty, a wench, and her five children Winter, Jim, Jenny, Main, and Stephen; Affy, a wench, and her three children, Hannah, Amy and Lancaster; Dinah, a wench, and her three children, Phillis, Abraham and Isaac; and the following other slaves, named Tom, July, Old Dick, Little Dick, Harry, Dublin, Chloe, Hagar, and Venus; and Lucy and her child Sylvia; as well as … certain other personal estate, consisting of horses, black cattle, and other stock.” The contract provided for Sally Lewis to be able to sell any of her property put into trust upon application to the trustees. Witnessed by Jno. [John] Cocke, John Stewart, and William Hines. On August 7, 1829, William Hines, said to be of Burke County, appeared in Chatham County before William Law, judge of the Superior Court, Eastern District, to swear that he was present when the contract was signed by all parties concerned. 

Attached to this deed was this statement: “Whereas this writing, or marriage settlement, has never been recorded, by this means it might be considered in law only as a dead letter; and whereas the real estate therein specified has been sold & disposed of by the consent of us both, previous and long before thi sdate; yet nevertheless, I have deemed it proper by these presents to declare, that in case of my death previous to my wife Sarah, the whole of that part which has reference to personal property shall be considered legal; because I wish and give to her all the negroes there specified, with their issue & increase.” [Signed] D. Stewart.

Recorded in Liberty County Superior Court on August 11, 1829.