Amanuensis Monday is a Web Blog theme started by blogger John Newmark. You can access his blog here.
A full explanation of the Amanuensis Monday blog theme can be found here.
Today's subject is a Pre-Marital Agreement Between Roger Roberts and Keziah Davis, 1798. 1
I have only included 2 pages of the contract between Roger Roberts and Keziah Davis. The hyper-link accessing the document can be found in the footnotes if you desire to download the entire document.
Transcription:
(Page 112)
Roger Roberts to } South Carolina Marion District
Keziah Davis + Henry Davis Jun’r} This Indenture made between
Roger Roberts, of the State and District aforesaid planter of the first part Keziah Davis of the same State and District Spinster and Henry Davis Junior of the same State and District of the Second part, Whereas David Davis late of this State and District died on the Sixteenth day of October in the year of Our Lord One thousand Seven hundred + Ninety Eight intestate leaving the said Keziah Davis his Widow and Seven children To Wit: Francis, Benjamin, David, William, Elizabeth, Rachel and Henry, And Whereas by an act of the General Afsembly of this state Entitled and Act for the Absolution of the Rights of Primogeniture for the the <sic> giving an equitable Distribution of the Real Estates of intestate + for others purposes therein mentioned passes the Nineteenth day of February in the year of Our Lord One thousand Seven hundred and Ninety One, the Said Keziah Widow of the Said David became Entitled absolutely to
(page 113) One third part of the Real and personal property of the said David Davis Deceased, And whereas Since the Death of David Davis the Elder, one of his Sons to wit David Davis died to Wit, on the Sixteenth day of April in the Year of our Lord One thousand Eight hundred and and <sic> One intestate by whose death the said Keziah Davis became entitled to an Equal part or Share with the Children of the Said David Davis the Elder, of the Real + personal Estate
the illegible of the Said David Davis the Younger, Agreeable to an Act to amend the Act above mentioned pafsed the Sixteenth day of December in the year of Our Lord One thousand and Seven hundred and Ninety seven, And Whereas a marriage is agreed upon + entered to be Shortly had and Solemnized by and between the Said Roger Roberts and the Said Kezia Davis, And upon the treaty of the Said entered Marriage it was agreed upon by and between the Said Roger Robert’s and Kezia Davis that previous to the Solemnization of the said Marriage that She the said Kezia Davis should afsign and make over the lands and Negroes to which she is entitled out of the Real and personal property of the Said David Davis her late Husband and of the Real and personal property of the said David Davis the Younger aforesaid unto the Said Henry Davis her Executors Administrator the Said David Davis her late Husband and of the Real and personal property of the said David Davis the Younger aforesaid unto the Said Henry Davis her Executors Administrator and Afsigns upon the trust and for the intents and purposes herein after espoused + declared of and Concerning the Same, And that the Said Kezia Davis should have full and complete power and Rights Notwithstanding her intermarriage <sic> with the Said Roger Roberts to make any disposition by deed Will or other Conveyance of the lands and Negroes to which she is entitled out of the Real and personal Estate of the Said David Davis the Elder late Husband, and of the Said David Davis the Younger, And it was further agreed upon by and between the Said Roger Roberts and the Said Kezia Davis that She the Said Kezia Davis would Relinquish her Claim and Rights of in and to any Real or personal Estate to which She would by Common Law usage of the laws of this State entitled out of the Estate both Real and personal of the Said Roger Roberts in Right of being the wife of the Said Roger Roberts, NOW this Indenture Witnefseth that in consideration of the Said intended Marriage and in pursuance and performance of the Said herein before Mentioned agreements
(page 114) on the part of the Said Roger Roberts and of the Said Kezia Davis in this behalf, and in Consideration of the Sum of Two Dollars of lawful money +c to Said Kezia Davis in hand paid by the Said Henry Davis Junior at or before the Sealing and Delivery of these presents the Receipt whereof is hereby Acknowledged and for divers? other Good Causes and Valuable Consideration the Said Kezia Davis hereunto Moving She the Said Kezia Davis With the Consent and approbation of the said Roger Roberts by his being a party to + Sealing sand Delivery these presents hath bargained Sold, Afsigned, transferred and Set Over and by these presents Doth Bargain and unto the Said Henry Davis Junior his Executors Administrators and afsigns all Such Negro Salves and their Increase and Such lands Estate as the Said Kezia Davis is or may be entitled in or out of the Estate Both Real and personal of the Said David Davis the Elder her late husband And in or Out of the Estate of the said David Davis the Younger and all the Rights, title, Interest, property Claim and Demand, Whatsoever both at law and in Equity of her the Said Kezia Davis of in and to the Same and Every part thereof, Respectively unto the said Henry Davis Junior his Executors Administrators or Afsigns, But Neverthelefs upon the trust and for the intents and purposes herein after Espoused + declared of and Concerning the Same and for the consideration aforesaid She the Said Kezia Davis with the Consent and Approbation of the Said Roger Roberts (testified as aforesaid) Doth make Nominate and Appoint and in her place and Stead the Said his Executors Administrators and Afsigns his true and Lawful Attorney for and in the name of her the Said Kezia Davis, But upon trust herein After Mentioned Concerning the Same to Ask demand Recover and receive of and from Benjamin Davis + Henry Davis Administrators of
Illegible and struck thru the Estate of David Davis deceased and of and from all and Every other person and persons that have any part or the Whole of the Said lands + Negroes in his her or their pofsefsion hereby Afsigned or intended to be so and Every thereof Respectively, And on Receipt thereof or any part thereof Respectively for and in the Name of her the Said Kezia Davis to give Sign and Execute any receipt or receipts, Acquittance or Acquittances Release or Releases or Other Effectual Discharge or Discharges for
(Page 115) the Same. And on Nonpayment thereof or any part thereof Respectively for + in the Name of he + the Said Kezia Davis to bring Commence Carry on + prosecute any Action or Actions, Suit or Suits or Others proceeding or proceedings Whatsoever and Generally to do Execute and perform any Other Act, deed, Matter or thing Whatsoever Relative to Receipt and Recovery of the Said lands + Negroes hereby Afsigned or intended so to be and Every or any part thereof Respectively as fully and Absolutely to all intents and purposes whatsoever as She the Said Kezia Davis Might or Could do in her proper person__And after the Said Henry Davis Junior his Executor Administrators or Afsigns Shall have Receive or Gotten the said lands or Negroes hereby Afsigned or intended to be afsigned unto his or their pofsefsion or Control for the consideration aforesaid With the Consent + approbation of the Said Roger Robert (testified as aforesaid) Upon this further trust to pay or cause to be paid all the hire produce and profit of the Negroes hereby Afsigned or intended so to be, and the Rent + produce of the Said lands hereby Afsigned or intended to be so Yearly and Every Year during the Natural life of the Said Kezia Davis unto the proper hands of her the said Kezia Davis for her sole and Separate use and illegibel mark thru benefit Independent and Exclusive of the Control Demand and Authority of the Said Roger Roberts to whom She the Said Kezia Davis is to be Married, And for Which her Receipt Alone Shall be a Sufficient Discharge, And its further agreed and Declared by and between the parties (the consent + Approbation of the Said Roger Roberts being testified as aforesaid) that the Said Kezia Davis Shall have full & legal power and Right (not withstanding her being feme Covet and being the wife of the Said Roger Roberts) to make any disposition or Conveyance of the Estate hereby afsigned or intended so to be Either by deed Will or Others Conveyance independent of the Control and Direction of the Said Roger Roberts to Whom She Expects Shortly to be Married) as Good and Effectual both in law or Equity as if the Said Kezia Davis was a feme Sol, And She the Said Kezia Davis Declared that She has Afsigned or Intended to Afsign the Said Real and personal Estate above Mentioned unto the Said henry Davis Junior his Executors Administrators or (Page 116) or assigns, Upon this further trust that he the said Henry Davis Junior his Executors, Administrators or Afsigns Will by Deeds Competent and proper in Law afsign and Convey over the Estate both Real and personal by his hereby Afsigns all or as Much thereof on fee and Absolute or others lefs Estate to Such person or persons to Whom the Said Kezia Davis may Wish to Convey her will or wish being and Exprefsed by Some legal or proper mode of Conveyance previously__And the said Henry Davis Junior Trustee as aforesaid his Executors Administrators or Afsigns as often as shall be Necefsary or Requisite (with the consent of the said Kezia Davis testified by Some Writing Signed with her hand and under her Seal) by Deeds Competent and proper in law in the Stead and place of him the Said Henry Davis Junior his Executors Administrators or Afsigns (and it Sahlll be Lawful for him or them So to do) Resign, Release afsigns Relinquish and Give up his or their Trust and Interest in the Estate both Real and personal hereby Afsigned unto the hands of Another person or persons as trustee Which Subsequent trustee appointed as aforesaid Shal have as full power and Authority in the premises as the Said Henry Davis Junior has or Can pofsefs, Provided also and it is hereby likewise Declared and agreed by and between the said parties to these presents that the said Henry Davis Junior or any other New trustee as aforesaid and the Executors Administrators and Afsigns of them and each and Every of them Shall be Charged and Chargeable only for their and Each of theirs Willful defaults Respectively___And Also that they the Said Trustees as is Now appointed or such as may be hereafter appointed and Each and Every of them and the Executors Administrators or Afsigns of Each and Every of them Shall and may With and out of Such income as shall come to his or their hands by Virtue of the aforesaid trust pay and allow all Costs and Charges Damages and Expenses Which he or any of them Shall or may Suffer Sustain Expend disburse be at or be put unto in the Execution of any of the aforesaid To wit or in Relation then to And Lastly it is hereby Declared and agreed by and between all the Said parties to these presents that the Afsignment hereby made by the Said Kezia Davis is for and in the Name and in the Notion of a Jointuer for her the Said Kezia Davis and Lien, Recompliance, satisfaction and Best of all Such Dower and thirds at the Common law or any others Estate Either Real or personal by the laws of this State Contained or Enacted or (page 117) Exprefsed Either in the Collection of Laws of this State Generally Called the Public Laws or any of the Acts Commonly Called the Acts of the General Afsembly of this State Which She may or otherwise might have claim Challenge or demand of into or out of any Real or personal Estate of the Said Roger Roberts Which he the Said Roger Roberts is now or Shall or may be Seized or posefsed of interested in or intitled unto for any Estate of inheritance during the Said Courture Intended Courture, In Witnefs whereof we have here unto Signed and affixed our hands and Seals this first day of February in the Years of our Lord One Thousand Eight hundred and five___
Signed, Sealed + delivered} Roger Roberts {Seal}
in presence of} Kezia X her mark Davis {Seal}
Henry L. Leggett Henry Davis Jun'r {Seal}
{W} Henry Graves, Collin Woodberry
State of South Carolina, Marion District, Before me Samuel Cooper, Esquire Register of Mense Conveyance for Said District personally appeared Collin Woodberry who being duly Sworn declared that he was a Subscribing [Witness] to the within indenture and that on the first day of February A. D. 1805 he Saw the Within Named Roger Roberts, Kezia Davis, and Henry Davis, Junior Sign Seal and as their Act and Deed Deliver the Within Indenture for the uses and purposes therein Mentioned and also that Henry L. Leggett and William Henry Graves Subscribed their Names as Concurring. Witnesses thereunto __ Sworn to before me this 10 July 1805.
Sam Cooper Collin Woodberry
Recorded this 10 Day of July 1805 and Examined by Sam Cooper, Reg.
Rebecca Keziah Godfrey Davis is the widow of my 1st Cousin 6 times removed David Davis.
____________________
NOTE: All ampersands within this document have been replaced with the plus (+) sign.
Land Deed - Pre-Marital Agreement Between Roger Roberts and Keziah Davis, 1798; 16 October 1798; Deed Book #Deed Book "C"; Page(s) pages 112-117; Register of Deeds; Marion, Marion County, SC; 11 September 2019. [Deed Book "C" pages 112-117; Marion County, SC Register of Deeds]
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C331-17RY-P?i=406&cat=472601
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