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Transcription of Marriage Contract between John S. Gregory and Frances Coleman Gregory

Meck DB32:606-608
25 Nov 1848
(Note: Marriage Bond was dated 6 January 1836.)
Marriage Contract between John S. Gregory and Frances Gregory his wife and Jno G. Coleman of the 3rd part. Witnesseth that whereas a marriage contract and agreement was made and entered into between the the said John S. and the said Frances on the 7th day of January 1836 before their intermarriage by which it was contracted and agreed that all the estate real and personal of the said Frances should be fixed and settled upon trustees to be held by them for the use of the said John S. and Frances during the coverture, permitting the said John S. to have the use; possession and controul thereof, and to take the rents issues and profits thereof during the coverture, and to appropriate them to his own, and that upon the dissolution of the coverture, the trustees should hold it for the said Frances if she survived the said John and restore and reconvey the whole to her, but should the said Frances die leaving the said John S. surviving her, then the trustees were to surrender, and convey all of the said property, real and personal to such person or persons as the said Frances should by deed or will have given it to- & in the event of her making no disposition of it by deed or will, then to surrender and convey it to the heirs at law and next of kin to the said Frances for distribution among them, as if she had died a feme sole, and by the said contract it was further covenanted and agreed that the said Frances should by the said marriage acquire no right of dower in the real estate of which the said John might be siezed during the coverture, and no right to any distributable share in his estate, and the said Frances contracted and agreed to surrender any and all rights which by the said marriage she might acquire in the estate real and personal of the said John. The said marriage contract was duly executed and delivered to one of the trustees, but has never been recorded, fact not known until recently to parties, and the said John & Frances wishing to carry out the same in good faith, and to correct some errors therein, for that purpose, and, in consideration of the premises and for the further consideration of five dollars in hand paid by the said John G. Coleman to the said John & Frances, before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, they the said Frances and John have granted, bargained and sold and by thee presents doth grant, bargain, sell, convey and confirm unto the said John G. Coleman the following land, slaves and other property one tract of land lying in this county on Kettle Creek containing two hundred and sixty acres, be the same more or less, it being the land conveyed by Obediah Coleman to the said Frances, fifteen slaves, to wit, Joe, Gilbert, Amy, Simon, Silas, Caroline, Amy jr, Molly and his [rechecked] children, Paul, Jordan, Betsy, Jim, John, Archer & Jofeme, four beds, bedsteads and bed-clothes, one cupboard, one bureau, one candle stand, eight tabled, one clock, one dozen rush bottom chairs, shovel and tongs, one spinning wheel and one loom, with all the right, privileges and appurtenances to the said real estate belonging, and all the increase of the female slaves, to him the said John G. Coleman, his heirs and assigns forever, to have and to hold in absolute property to his and their only proper use, benefit, and behoof forever, free from the claim, challenge and demand of all persons whatsoever, and a good and sufficient title to the said property real and personal to him the said John G Coleman his heirs and assignees, the said John S. Gregory covenants and binds his heirs forever to warrant and defend against all persons claiming? by through or under him. But it is distinctly agreed and understood that the said John G. Coleman is to hold the said property real and personal in special trust and confidence, and to and for the following uses and purposes, that he is to permit the said John S. Gregory to have, possess, and hold all the said property real and personal for an during the said coverture, and to take, use and appropriate all the rents, hires?, issues and profits thereof; and should the said coverture determine by the death of the said John S. Gregory, the said Frances surviving him, then the said trustee is to hold the said property until the said Frances shall by proper deed surrender and released all right of dower and distribution which she may have in and to the estate of the said John S. if he has died intestate or shall __?__ to his will if he has left one, But this is not to prevent the said Frances from receiving and taking any thing under and by the will of the said John S. and the said Frances having complied with this condition the said John G. Coleman shall surrender and convey all the said property real and personal to her, but should the said Frances refuse to comply & to surrender her right of dower and distribution in the estate of the said John S. and claim the same, then the said trustee is to convey the said property real and personal to the heirs and legal representatives of the said John S. Gregory to be administered as a part of his estate; But should eh coverture determine by the death of the said Frances, in the life time of the said John S.; John G. Coleman is to convey and surrender the whole of the said property to such person or persons as the said Frances by any paper in the nature of a deed or will (executed as those instruments are required by law to be executed) shall direct the right and power of the said Frances to dispose of the said property by deed or will having been expressly retained by the said marriage contract, and in the event that the said Frances shall make no disposition of the said property by deed or will, then the said John G. Coleman is to surrender the whole estate real and personal to the heirs at law and next of kin to the said Frances to be distributed among them, as if she had never married & had died intestate. In testimony of all and singular the premises, the parties have hereunto set their hands and seals the day and date above
Signed sealed and delivered in the presence of Ewd R. Chambers

Signed: John S. Gregory
Frances Gregory
John G. Coleman

Mecklenburg County state of Virginia to wit:
We Cephas H. Pettus and JOhn Y. Richards justices of the peace in the county aforesaid in the state aforesaid, do hereby certify that John S. Gregory a party to a certain deed bearing date on the 25th of November 1848 and hereto annexed, personally appeared before us in our county aforesaid, and acknowledged the said to be his act and deed, and desired ut to certify the said acknowledgement to the clerk of the county court of Mecklenburg, in order that the said deed may be recorded given under our hands and seals this the 30 day of November 1848

Sig: C. H. Pettus J.P.
John Y. Richards J.P.

Mecklenburg County State of Virginia to wit:
We Cephas H. Pettus and John Y. Richards Justices of the peace in the county aforesaid and in the state aforesaid do hereby certify that Frances Gregory wife of John S. Gregory parties to a certain deed bearing date the 25 November 1848 and hereto annexed personally appeared before us in our county aforesaid, and being examined by us prively and apart from her husband, and having the said deed fully explained to her. she the said Frances Gregory acknowledged the same to be her act an deed, and declared that she had willingly signed sealed and delivered the same and that she wished not to retract it given under our hands and seals this 30th day of November 1848.
Sig: C. H. Pettus J.P.
John Y. Richards, J.P.

Mecklenburg County, Clerks Office, December 6th 1848
The foregoing deed of Gift together with the certificate of acknowledgement and relinquishment of dower thereon endorsed was this day received in the clerks office aforesaid and admitted to record

Teste
R. B. Baptist C.