Richard T. Powell & M. G. Powell to Duncan McNair --- Marriage Settlement, 31 August 1848

Sometimes finding the maiden name of a spouse can be a formable task especially when moving back in time. Minor transcription errors in documents and census records also create confusion.

Richard Thompson Powell, brother of Thompson B. Powell, married Margaret Gilliland Whitaker about 1843. Margaret was the daughter of William Whitaker and Mary Greer. Proof of this marriage can be found in a Chesterfield County Land Deed dated 31 August 1848 -  Richard T. Powell + M. G. Powell to Duncan McNair --- Marriage Settlement, 31 August 1848.

Richard T. Powell + M. G. Powell to Duncan McNair --- Marriage Settlement, 31 August 1848

This entire Land Deed has not been transcribed here; only the pertinent portion that identifies the wife of Richard Thompson Powell as Margaret G. Whitaker daughter of William Whitaker.



Transcription:

The State of South Carolina.
This indenture of Two Part made this 31^st day of August in the year of our Lord one thousand eight hundred and forty eight Between Richard T. Powell and Margaret G. Powell his wife both of Cheraw in the State aforesaid of the First part and Duncan McNair of the same place of the Second Part. Witnefseth as follows:
Whereas the said Richard T. Powell and Margaret G. Powell his wife parties of the first part hereto lately together with Robert Man and Eliza Jane Man his wife filed their Bill in the Court of Equity for Charleston District praying for Petition of the estate of William Whitaker deceased the father of the said Margaret G. Powell and Eliza Jane Man against Mary Whitaker the widow and administratrix of the said William Whitaker and also against his infant children Catherine J. Whitaker Mary Ann Whitaker Sarah Ellen Whitaker Thomas Whitaker and William Whitaker and whereas James W. Gray Esquire one of the Masters of the said Court to whom the said cause was referred among other things to report a proper settlement of the shares of the Complainants Margret G. Powell and Eliza Jane Man in and by his report dated the sixth day of March last recommended that the shares of the said Complainants should be settled on the following terms terms <sic>. To and for the sole and separate use of the wives for life with remainders to their children respectively that may be living at the time of the deaths of the said wives and the ifsue of such of their children as may have died before them (such ifsue of the deceased children representing their respective parents and among themselves taking per stirpes) share and share alike the husband, joining their wives in conveying the respective shares to such Master or Trustees as the said parties may nominate ….










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[1] Chesterfield County, South Carolina, DEED BOOK 1: Pages 153-155, Richard T. Powell & M. G. Powell to Duncan McNair ---Marriage Settlement; 31 August 1848, Register of Deeds, Chesterfield, Chesterfield County, South Carolina.

Land Deeds–A Genealogy Goldmine

I’m a huge advocate of using land deeds in your genealogy journey. Land deeds are a genealogy goldmine overlooked by many budding genealogist because they become so intimidated with the concepts and jargon related to Land Deed research.

Just doing a small amount of reading and research in Land Deeds will open up a whole new world of knowledge and information. 

Just recently, many of the counties I am researching have made a major leap and push in getting all Land Deeds on-line readily available 24 hours a day.

These on-line databases have become my new playground. This week I ran across this Land Deed between “Richard T. Powell & M. G. Powell to Duncan McNair --- Marriage Settlement”

This document consists of 3 pages and is very complex. I have only published a portion of the very first page (DB 1, pg 153)  of the deed. It’s available (free) on-line.



Partial Transcription:

Richard T. Powell & M. G. Powell to Duncan McNair --- Marriage Settlement

The State of South Carolina.
This indenture of Two Part made this 31^st day of August in the year of our Lord one thousand eight hundred and forty eight Between Richard T. Powell and Margaret G. Powell his wife both of Cheraw in the State aforesaid of the First part and Duncan McNair of the same place of the Second Part. Witnefseth as follows:
Whereas the said Richard T. Powell and Margaret G. Powell his wife parties of the first part hereto lately together with Robert Man and Eliza Jane Man his wife filed their Bill in the Court of Equity for Charleston District praying for Petition of the estate of William Whitaker deceased the father of the said Margaret G. Powell and Eliza Jane Man against Mary Whitaker the widow and administratrix of the said William Whitaker and also against his infant children Catherine J. Whitaker Mary Ann Whitaker Sarah Ellen Whitaker Thomas Whitaker and William Whitaker and whereas James W. Gray Esquire one of the Masters of the said Court to whom the said cause was referred among other things to report a proper settlement of the shares of the Complainants Margret G. Powell and Eliza Jane Man in and by his report dated the sixth day of March last recommended that the shares of the said Complainants should be settled on the following terms terms <sic>. To and for the sole and separate use of the wives for life with remainders to their children respectively that may be living at the time of the deaths of the said wives and the ifsue of such of their children as may have died before them (such ifsue of the deceased children representing their respective parents and among themselves taking per ??) share and share alike the husband, joining their wives in conveying the respective shares to such Master or Trustees as the said parties may nominate…

This is awesome; just look at the genealogy data revealed in the short paragraph above.

• William Whitaker has died intestate sometime before 31 August 1848.
• His widow, Mary, is the administratrix of the Estate
• She is being sued by the 2 oldest daughters, Margaret and Eliza Jane Whitaker
• Margaret G. Whitaker is the wife of Richard Thompson Powell
• Eliza Jane Whitaker is the wife of Robert Man
• 5 additional sibling (all infants under 21) are named - Catherine J. Whitaker, Mary Ann Whitaker, Sarah Ellen Whitaker, Thomas Whitaker and William Whitaker

If you haven’t done any research in land deeds now is a good time to head over to your local Courthouse or go to FamilySearch.org and access some of their land records.




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[1] Chesterfield County, South Carolina, DEED BOOK 1: Pages 153-155, Richard T. Powell & M. G. Powell to Duncan McNair ---Marriage Settlement; 31 August 1848, Register of Deeds, Chesterfield, Chesterfield County, South Carolina.

Summons For Final Settlement

Thompson B. Powell, born 1802 died in Chesterfield County South Carolina sometime before 26 April 1866. He was 64 years of age. Thompson was a very successful farmer and highly esteemed in the county.  

About 1834, Thompson married Mary “Polly” Boatwright daughter of Lewis Boatwright and Sarah Lundy. To this  union were born four children; three daughters and a son.

Thompson died intestate in 1866. The letter below, dated 27 June 1866 is the request of his son  Richard Thompson Powell, Jr. for letters of Administration.¹ The earliest date I found mention in his estate folder was 26 April 1866. It is believed that Thompson died sometime before this April 1866 date. 


State of South Carolina}
Chesterfield District}
To Hugh Craig Sen Esq. Ordinary
The Petition of Richard T. Powell Jr. Admrs of the goods, and chattels of Thompson B. Powell deceased, Sheweth, that the said deceased died intestate having whilst he lived and at the time of his death, divers goods, and chattels upon which your petitioner has taken out Letters of Administration. And in as much as the said goods, and chattels, are liable to waste and destruction – your petitioner prays for an order for the sale thereof on such terms as may be deemed best – June 27^th 1866
                                                                     R. T. Powell Jr.


The heirs of Thompson B. Powell including his wife Mary Boatwright Powell were summoned by the court on the 20th March 1867  to audits the account and make final settlement of the estate.



The State of South Carolina
        To Mrs. Mary Powell, Wm. M. Hurst, and Wife Mary E. Richd T. Powell, Jr. Ann R. Powell and Ellen Powell, legal heirs and representatives of Thompson B. Powell who died intestate.
Greeting.
    You are hereby required to appear at the Court of Ordinary to be held at Chesterfield Court House for Chesterfield District on the first day of April next for the purpose of having the accounts of the administrator of said Thompson B. Powell deceased audited and for final settlement of said estate.
    Given under my hand and seal this Twentieth day of March A. D. 1867
                                                           Hugh Craig, Sen.
                                                                A. C. D.

No tombstone or death date has been found for Thompson or his wife Mary Boatwright Powell. His estate file is evidence of his death in early 1866 in Chesterfield County, South Carolina. 










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[1] Chesterfield County, South Carolina, Chesterfield County Estate Papers, Thompson B. POWEL.; "Chesterfield County Estate Papers," digital images, LDS Church, Family Search (https://www.familysearch.org/: viewed March 2012); Estate # 201.