Bettie Jeffress and Isaac Overby Marriage Agreement
RETURN TO THE VAGenWeb Project Charlotte County Home Page Submitted by Sallie Lewis Hurt and Ann Horne 1-19-00 Note: Both Isaac Overbey and Bettie Jeffress were buried in Charlotte County and during their married life, lived in a section called Mossingford. Isaac Overbey was an early postmaster at Mossingford and ran a store there. Sallie ------------------------------------------------------ MARRIAGE AGREEM'T OF BETTIE JEFFRESS AND ISAAC OVERBY ...unreadable...Bettie H. Jeffress the first part, Isaac Overby of the second part and Laura C. Wilson wife of Nathaniel C. Wilson, Edward H. Jeffress, William Horace Jeffress, Mattie Jeffress, and Luther C. Jeffress, children of Bettie H. Jeffress of the third part. Witnesseth that whereas a marriage is shortly to be solemnized between the said Bettie H. Jeffress and Isaac Overby now in consideration thereof, and of five dollars in hand paid by the said Overby, the said Bettie H. Jeffress doth grand unto the said Isaac Overby the sum of ten thousand dollars (to be taken in bonds now held by the said Bettie H. Jeffress in that sum can be realized therefrom) to be held by the said Isaac Overbey nevertheless on the following trusts and subject to the following limitations to wit: The said Isaac Overby is to enjoy the interest which may accrue on the said sum of money during the coventure between himself and the said Bettie H. Jeffress, and if the said Bettie H. Jeffress survives the said Isaac Overby, the said principal sum of money without any interest or profits which may have acrued during the marriage shall be paid to the said Bettie H. as her own property. But should the said Bettie H. die during the lifetime of the said Isaac Overby then she shall have the right to dispose of the said principal sum of ten thousand dollars by will or writing in the nature of a will, and should she die leaving no such will or paper in the nature of a will, then the said principal sum is to be divided amongst the heirs of her body according to the laws of Virginia. And the said Bettie H. Jeffress doth also grant unto the said Isaac Overby her carriage driver named Price, and her carriage horse, to be held in trust nevertheless on the same terms and to be disposed of on the death of either party in exactly the same manner as the said sum of ten thousand dollars, the said Overby enjoying the heirs and profits during the coventure of the said property be them alive. And in consideration of the said Bettie H. Jeffress relinquishing all right to dower and distribution in the estate of the said Isaac Overby, the said Isaac Overby doth hereby grant unto the said Bettie H. Jeffress ten thousand dollars to be paid to her in money upon the death of the said Isaac Overby or in such property as she may select, the interest..?.. and profits she is to enjoy during the time she survives him, and at the death of the said Bettie H. the principal of money or property whichever she may have selected shall be divided amongst the heirs at law of the said Isaac Overby according to the laws of Virginia, and in consideration of the money or property so given her to be enjoyed during the time she may survive the said Isaac Overby. The said Bettie H. Jeffress doth hereby give up and relinquish forever all claims of dower and distribution in the estate of the said Isaac Overby. And the above mentioned jointure is to be a complete bar to all claim she may have upon the said Overby's estate as his widow and is accepted by her as such in consideration of the premises and of the fact that the said Isaac Overby gives up all interest in her property except the right to enjoy the property heretofore conveyed to him as interest during his lifetime. And in consideration of her natural affection for her children and in view of her proposed marriage with the said Overby, the said Bettie H. Jeffress doth hereby grant unto Laura C. Wilson, ............................................................................. ............................................................................. .......................... ............................................................................. ............................................................................s he intends to give her no more at this time, And the said Bettie H. Jeffress doth hereby grant all the balance of her estate including her dower and distributive interest in the estate of her late husband Luther Creath Jeffress to her four children, Edward H. Jeffress, Wm. H. Jeffress, Mattie E. Jeffress and Luther C. Jeffress to be divided amongest them in the following manner, all her interest in the land belonging to her late husband's estate, she grants to her three sons, Edward H. Jeffress, Wm. H. Jeffress, and Luther C. Jeffress in equal proportions, and her negro property except that above granted to Isaac Overby, trustee and to Laura C. Wilson is to be divided amongst her four children, Ed. H., Wm. H, Mattie, and Luther C. Jeffress in lots of equal value if it can be done consistently with the subsequent provisions of this deed. As Luther C. and Mattie E. Jeffress have not completed their education, the said Bettie H. Jeffress grants to Luther C. Jefress $800.00 beyond his equal proportion of the property hereby giving her four children last mentioned and to Mattie E. Jeffress, $600.00 in addition to and beyond her equal proportion of the said property, which said sums are intended for their education. And the said Bettie H. Jeffress doth also grant unto Mattie E. Jeffress $200.00 to be assigned her in personal estate in lieu of her part of the said Bettie H. Jeffress dower interest in her late husband 's land hereby given to her sons. And in case, there should not remain enough money, a bonds after raising $10,000.00 for Isaac Overby, trustee, as aforesaid, to pay the said $800.00 to Luther C. Jeffress, and the said $600.00 and $200.00 (making $800.00) to Mattie E. Jeffress , then then said sums or so much as may remain unpaid, shall be taken into account in the division of the negroes and the lots assigned to Luther C. and Mattie E. Jeffress shall be so increased as to give them the said amounts or so much as may be due of them. And the said division of negroes is not to be delayed on account of any doubt about raising the said sums or any part thereof from the money or bonds belonging to Bettie H. Jeffress, but when the said division of slaves takes place, only the amounts which shall be certainly raised from the money and bonds aforesaid shall be taken into account, and if then anything be wanting to pay the said sums or any part thereof to the said Luther C. and Mattie E. Jeffress it shall be made up in the lots of slaves assigned them as aforesaid- and in order to make a proper division of the said slaves, the said Bettie H. Jeffress doth appoint her neighbors , Col. Whilshire Cardwell, Wm. H. Cargo, and John P. Hughes, to make the valuation and division and in case they or any one of them should fail to act then such other persons as her adult children and the guardians of her infant children may select: and when they proceed to make the said division they are first to value all of the slaves to be divided and from their aggregate valuation deduct whatever amount may be needed to make up the sums heretofore given Mattie E. and Luther C. Jeffress for education and divide the remainder into four equal lots and then add to the lots of Luther C. and Mattie E. Jeffress the amounts needed to make up the said sums - and the said Bettie H. Jeffress directs that the lots of the said Luther C. Jeffress and Mattie E. Jeffress shall be kept together without being divided between them until Luther C. Jeffress shall have arrived at 21 years of age, or Mattie E. Jeffress shall have married. And the said Bettie H. Jeffress being desirous that each of her said children shall own some of the descendants of her negro woman Hannah, she directs if she should think proper to direct which of the descendants of Hannah shall go to her said children, respectively. And as there is to be a settlement of the amounts of Edward H. Jeffress and Wm. H. Jeffress admin. of Luther C. Jeffress, dec'd. , if there be any balance coming to the said Bettie H. Jeffress, she grants it to her four youngest children above mentioned, and if there be any balance against her, she hereby directs that it shall be a charge on the estate hereby given to the said four children to be paid by them in equal proportions - and the said Bettie H. Jeffress ....directs that the slaves hereby granted shall be divided on the first day of DEC. , 1860, or soon thereafter as convenient - and the said Bettie H. Jeffress reserves the right to say in what manner the furniture belonging to her shall be divided amongst her children and at what time or times., - and the said Bettie H. Jeffress directs that the stock, crops, and ..... hereby granted to her children shall be divided , or sold and divided at such time as their guardians shall think proper. Her children to whom she has given the same having the privilege of living at her present residence and keeping it up if they desire it and in that case they shall divide the profits. And in case any of her children should die under 21 years of age, and without children, their estate hereby given them shall be divided amongst the survivors of them. and their descendants according to the statute of descents and distributions, Laura C. Wilson, coming in for her share. In testimony of all which, Witnesseth the following signatures and seals. Isaac Overbey (seal) Bettie H. Jeffress (seal) Prince Edward County , VA. I, John P Hughes , a justice of the peace in and for the county and state aforesaid, do certify that Bettie H. Jeffress and Isaac Overbey whose names are signed to the writing above, bearing date the 16th of Oct. 1860, have acknowledged the same before me in my county, aforesaid. Given under my hand this 16th Day of Oct. 1860. John P. Hughes JP Prince Edward County Court Clerks's Office 20th Oct. 1860, this writing with the certificate of acknowledgement .....was admitted to record. Teste B. Worsham, D.C.