Marriage Settlement (Butler/Smith)

On November 22, 1860, William Henry Butler, Liberty County, and Nancy Jennette Smith, Liberty County, with John S. Andrews, same County, as the Trustee, stated that William Henry Butler, as part of his marriage to Nancy Jennette Smith agreed that the following would be the separate property of Nancy: “two negroes: Milie, a woman about fifty-eight years of age, and Abner, a boy about seventeen years of age, now in possession of said Nancy Jennette Smith, and all other property which may, at any time, be given said Nancy Jennette Smith by her father or other person, shall form and remain to be her separate estate, and shall not in law or equity be subject to the payment of the debts of the said William Henry Butler…[text omitted]…but the right and title of said property shall be vested in the said John S. Andrews for the use and benefit of the said Nancy Jennette Smith.” It was also agreed that Nancy Jennette Smith could dispose as she saw fit of any of her separate property but that in the meantime it could be used by William Henry Butler for their mutual benefit, with John S. Andrews’ approval. It was also agreed that if Nancy died first, Butler would have the use of “said property” for his natural life, and if Nancy should die without children, then the property would go to the “children of her two sisters, Mary R. Shave, wife of John R. Shave, and Sarah Baggs, wife of Wm. [William] Baggs.” Witnessed by Joel W. Smith, Joseph Ashmore, J.P. Recorded on 19 December 1860 by Jesse Brewer, C.S.C.L.C. 

[Second Document] “Georgia, Liberty County } Received of John S. Andrews, Trustee for the children of Elisha Smith, the following named negroes: Miley and her son Abner, in full of all the claim, right, title and interest of all property contained in said deed of Trust to which I am entitled as one of the Heirs of said property, this 21st day of November 1860. [Signed] Nancy Jennette Smith.” Witnessed by Joseph Ashmore, J.P.  Recorded on 19 December 1860 by Jesse Brewer, C.S.C.L.C.

[Transcriber’s Note: Look for Miley and Abner, surname Wilson, in the 1870 U.S. Federal Census in Liberty County.]