A MARRIAGE CONTRACT
CHESTERFIELD DISTRICT 25 June 1840
This indenture of three parts made the twenty-fifth day of June in the year of our Lord one thousand and eight hundred and forty, between Obadiah Gulledge of District and State aforesaid of the first part Lavicia Boatwright, widow, and relict of Drury Boatwright, late of Chesterfield District in the state aforesaid of the second part and John Evans of the same District and State aforesaid of the third part.
Witnesseth that whereas a marriage intended shortly to be had and solemnized between said Obadiah Gulledge and the said Lavicia Boatwright upon the Contracts of which marriage it is hereby concluded and agreed by and between them the said Obadiah Gulledge and Lavicia Boatwright that if the said marriage should take effect and be solemnized the property and Estate, real and personal of the said Lavicia which she is now entitled of which she is now seized and possesses, a particular description whereof may be had by reference to a schedule marked A. hereto annexed and also a negro man named Cudjo, A Sorrel Horse, a gig and Harness now the property of the said Obadiah Gulledge particularly described and set forth in the schedule hereunto marked B, shall be settled, transferred to and vested in the aforesaid John Evans, his heirs, Executors, Administrators and assigns in such manner and form and for such uses, intent, and purposes, as hereinafter limited, appointed and expressed and for no other use intent, or purposes whatsoever. Now to make the said agreement effectual in law, and for and in consideration of the said marriage as intended to be had and solemnized by and between the said Obadiah and the said Lavicia and also for and in consideration of the sum of one Dollar by the said John Evans to the said Obadiah in hand paid at and before the sealing and delivery of these presence <sic>the receipt whereof is hereby acknowledged he the said Obadiah Gulledge by and with the privity consent and approbation and agreement of the said Lavicia testified by her being made a party to signing, sealing, and delivering these presents hath bargained . sold, transferred and delivered and by these presents doth bargain, sell, transfer, and deliver to the said John Evans a negro man named Cudjo, one Sorrel Horse and one gig and Harness, more particularly described as aforesaid in scheduled B hereunto annexed to have and to hold the said property unto the said John Evans his Executors, Administrators, and Assigns forever. In trust nevertheless and to and for the several uses, intents and purposes hereinafter limited, declared and expressed of and concerning the same that is to say to the use of the said Obadiah until the said intended marriage be solemnized and take effect and from and immediately after the solemnization thereof them in trust that he the said John Evans his Executors, Administrators or Assigns shall and do permit the said Obadiah and Lavicia during their joint lives to have, receive, take and enjoy all the use, hire, profit, benefit or advantage of this said property so mentioned and described in schedule B as aforesaid to their joint use and benefit; and if the said Obadiah shall survive the said Lavicia, then in trust that he the said John Evans, his Executors, Administrator and Assigns shall at the death of the said Lavicia convey, assign, transfer and pay over all the same property mentioned in schedule B as aforesaid to the said Obadiah then after his death in trust for the sole and separate use of the said Lavicia during her natural life and at her death then in trust that he the said John Evans, his
end of page 7// Start of Page 8
Executors, Administrators or Assigns shall convey, assign, transfer, and pay over all the said property mentioned in Schedule B, as aforesaid to the children of the said Obadiah as well by the said Lavicia if any, as by and former wife then living at the death of the said Lavicia to be equally divided amongst them share and share alike to them their Executors, Administrators forever the aforesaid property in schedule mentioned in no wise to be subject to or liable for the Contracts, debts or engagements of the said Obadiah hereafter to be make or entered into by him and the said Lavicia Boatwright to make the said agreement effectual in the law and in consideration of the said marriage so intended to be had and solemnized by and between the said Obadiah and Lavicia and also for and in consideration of the sum of one dollar by the said John Evans to the said Lavicia in hand paid before the sealing and Delivering of these presents the receipt whereof is hereby acknowledged,. She the said Lavicia by and with the privity consent approbation and agreement of the said Obadiah testified by his being made a party to signing, sealing and delivering these presents hath granted, Bargained, sold, released, transferred and delivered and by these presents doth grant, bargain, sell, release, transfer and deliver unto the said John Evans, his heirs, Executors, Administrators and assigns two tracts, pieces or parcels of land one of which tracts is the plantation or tract whereon she now lives and the other called the Sand Hill tract. Both of which were purchased by her, the said Lavicia at the sale of the real Estate of her late husband Drury Boatwright made by order of the Court of Ordinary for Chesterfield District (except so much of said tract as was hereto sold by her the said Lavica to Malachi Rivers) a more particular description of which said two tracts of land is given in the aforesaid schedule A hereunto annexed. Also a Negro Woman called Biddy, a Negro boy called Cato, one bay mare and colt , one yoke of oxen, and one oxcart, two cows and Calves, one heifer, three bedsteads, and furniture, one clock and all other articles of household furniture now in her possession. Kitchen furniture, plantation tools, and farming utensil, a note on Dr. Wm. McBride for four hundred Dollars, and two notes on Jacob Ganey for one hundred Dollars each, all of which are more particularly described in the schedule A hereunto annexed to have and to hold the said property real and personal unto the said John Evans, his heirs, Executors, Administrators and assigns forever. In trust nevertheless and to and for the several uses, intents and purposes herein after limited, declared and expressed of and concerning the same, that is to say: to and for the use of the said Lavicia until the said intended marriage be solemnized and take effect, and from and immediately after the solemnization thereof then in trust to pay to the children of her late husband Drury Boatwright what she the said Lavicia Boatwright owes them either as Administrator of her said late husband or as guardian of the aforesaid children and such other debts as she the said Lavicia at this time owes; then the balance in trust that he the said John Evans, his heirs, Executors, Administrators, and Assigns shall and do permit the said Obadiah and Lavicia during their joint lives to have, receive, take and enjoy all the use, rents, hire, profit, benefits and advantages of the said property real and personal (after payment of the aforesaid debts as aforesaid) so set forth and described as in schedule A to their joint use and benefit and is the said Lavicia should survive the said Obadiah then in trust that at the death of the said Obadiah he the said John Evans, his heirs, Executors, Administrators, and Assigns shall convey, transfer, assign, deliver, and pay over all the said property, real and personal mention in schedule A with the increase of the personal property to the said Lavicia; But should the
End of page 8//Start page 9
the said Obadiah survive the said Lavicia, then the said John Evans, his heirs, Executors, Administrators, or assigns shall at the death of the said Lavicia convey, transfer, assign, deliver and pay over to the children of the said Lavicia as well by the said Obadiah if any, as by her former husband Drury Boatwright, living at her death, all the said property real and personal mentioned in schedule A except the tract or plantation on which the said Lavicia now lives to be equally divided amongst them share and share alike to them their heirs, Executors, Administrators and assigns forever; and the said tract of land or plantation on which she the said Lavicia now lives the said John Evans shall hold in trust for the sole and separate use and benefit of Obadiah during his natural life provided the the <sic> said Obadiah shall, within a reasonable time after the solemnization of the said intended marriage, repair the houses and plantations aforesaid which are now out of repair, in a manner to be approved of by the said John Evans, and at the death of the said Obadiah then in trust that he the said John Evans, his heirs, Executors, Administrators, or assigns shall convey, transfer, and assigns over the said tract of land or plantation whereon the said Lavicia now lives to her son John Boatwright, if then alive, in fee simple forever, but if not alive then to the children of the said Lavicia as well by the said Obadiah to be equally divided amongst them share and share alike to them their heirs and assigns forever. The said property real and personal mentioned in said schedule A not to be subject to the control of the said Obadiah further than is consistent with the true intent and meaning of these presents and not be in any way or manner subject to or liable for the contracts, debts or engagements of the said Obadiah either now made or hereafter to be made and contracted but to remain in trust for the uses, intents, and purposes of these presents expressed. In witness whereof that the said John Evans assumes upon himself the trust above mentioned the parties aforesaid have hereunto set their hands and affixed their seals the day and the year above written.
W. L. Roberson OBADIAH GULLEDGE {seal}
Rob. B. White LAVICIA X her mark BOATWRIGHT {seal}
JOHN EVANS
Schedule A.
One tract land on which Lavicia Boatwright now lives adjoining lands of Thos. Davis, M. {Michael} Davis, John Rivers and Lewis Boatwright. One other tract of land called sand Hill Tract adjoining lands of Lewis Boatwright, Wm. Rivers and E. Burch. The two tracts being the whole of the purchase of Lavicia Boatwright at sale of the real Estate of Drury Boatwright, except so much as she sold off of said two tracts to Malachi Rivers.
Negro woman Biddy 35-year-old, a Negro boy Cato, about twelve-year-old, one bay mare and colt, one yoke of oxen & oxcart, two cows and calves, one heifer, three bedsteads, and furniture, one clock, all other household furniture, plantation tools and farming utensils. A note on Dr. Wm McBride on which are two credits the amount still due is about four hundred Dollars and two notes on Jacob Ganey (Lewis Ganey security) for one hundred Dollars each.
Witness: OBADIAH GULLEDGE {seal}
W. L. Roberson LAVICIA X her mark BOATWRIGHT {Seal}
Robt. B. White JOHN EVANS {seal}
Schedule B.
A Negro man called Cudjo, about fifty years old, a sorrel horse six years old, one plain gig and harness.
Witness: OBADIAH GULLEDGE {seal}
W. L. Roberson LAVICIA X her mark BOATWRIGHT {Seal}
Robt. B. White JOHN EVANS {seal}
STATE OF SOUTH CAROLINA}
CHESTERFIELD DISTRICT}
Personally appeared Robt B. White and made oath that he saw the within named Obadiah Gulledge, Lavicia Boatwright and John Evans sign, seal and as their act and deed, deliver the within sheets containing a contract for marriage and schedules, and that himself and Mr. L. Roberson witnessed the Execution thereof sworn to before me 8th of July 1840.
T. Bryan Q. W. Robt B. White
Recorder 3rd Sept 1840
Lavicia Thurman Boatwright was the 3rd wife of Obadiah Gulledge. Lavicia married Obadiah in 1839 after the death of her husband, Drury Boatwright sometime before 23 October 1832 and after the death of Obadiah’s second wife, Matilda Taylor in 1837.
Obadiah Gulledge, age about 75, died on 25 June 1863. His wife Lavicia died 20 Dec 1882. Lavicia is buried beside her 1st husband, Drury Boatwright, in the Pine Grove Baptist Church Cemetery. No gravesite has been found for Obadiah Gulledge. Date of Death from War of 1812 Pension File.
 |
| Photo Courtesy of Sharon F. Corey |
____________________________________
This document is taken from the SOUTH CAROLINA DEPARTMENT OF HISTORY AND ARCHIVES, Columbia, South Carolina. Found in a Book of Miscellaneous Records, Book 1, page 128.
By Marie Gulledge Wiggins
Summer of 1978
I obtained copies of The Marriage Contract from Marie years before her death and transcribed the 5-page document in its entirety.
Lavicia spelled with an “A”: in this document and with an “E” on her tombstone – Levicia
