They Had Names

African Americans in Early Records of Liberty County, Georgia

Marriage Contract (Ward/Maxwell)

[Begin Transcript]
State of Georgia

This Indenture tripartite made this second day of May, in the year of our Lord, one thousand eight hundred and twenty six, and the fiftieth of American Independence between William Ward of Sunbury in the County of Liberty, planter of the first part, Sarah Constant Maxwell of Bryan County eldest daughter of Richard Moultrie Maxwell deceased of the second part, and Joseph Law Senior of Liberty County and John G. Maxwell of Bryan County, platner, of the third part Whereas a marriage is agreed upon, and intended shortly to be had and solemnized by and between the said William Ward and Sarah Constant Maxwell and whereas the said Sarah Constant Maxwell is possessed of and entitled to certain nine negroe slaves, named, Linder [alt: Linda], March, Sam, William, Dick, Phillis [alt: Phyllis] and her three children and is entitled to an undivided moiety of a certain tract of land situate lying and being in the said County of Bryan, together with all and singular the buildings and improvements thereon, containing about eight hundred acres, more or less, bounded on the north & east by lands of John G. Maxwell, on the north and west by lands of George W. Owens, and on the south by the river and marshes of Midway known as the Waterford Plantation and whereas the said William Ward is entitled to five lotts, numbered 10, 11, 12, 42, 43 situate lying and being in the town of Sunbury, together with all and singular the building and improvements on said lots; and is also entitled to a certain tract of land, situate lying and being in the vicinity of Sunbury, containing one hundred acres, more or less, bounded on the north by the twon of Sunbury, on the East by the river and marshes, and west and south by lands of the Charles O. Screven, and it is agreed by and between the said William Ward and Sarah Constant Maxwell that the said property, before described, should be conveyed, transferred, settled and secured upon trust for the intent and purposes…

[End Transcript]

Remainder creates a trust for the above property with Joseph Law Senior and John G. Maxwell as the trustees. It was agreed that William and Sarah were to have the use and benefit of the trust property during their natural lives, including for the lifetime of the one longest surviving, and then to their children, share and share alike. They retained the power to sell all or any part of the property. Witnessed by R.H. Footman, Edward Footman. Recorded in Bryan County on May 26, 1826.

Source: Bryan County Superior Court, Deed Book D, pp. 257-9; digital images, FamilySearch.org (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4K-KSMC : accessed 16 May 2023), “Deeds and mortgages, 1796-1922; general index to deeds and mortgages, 17 93-1937” -> “Deeds & Mortgages, v. A-D 1796-1829,” images #541-2 of 600; citing FamilySearch Library film #007899046.