Search billions of records on Ancestry.com
   
Polk County Texas
Separate Property Of Married Women
Book B 1849-1872
Catherine F. McRoe
Pages 12, 13, 14, 15, 16 & 17
Transcribed by Joyce Munson & Beverly Evins

 


The State of South Carolina}
Marlborough District           }
This Indenture the Parties made on the twenty sixth day of May in the year of our Lord
one thousand eight hundred and forty seven, between Moses S. McCall Jr., of the one
part, Miss Catherine F. McRoe of the second part, and T. B. Haynesworth Esq. of
Darlington District, of the third part.  Witnesses—
 Whereas a Marriage is intended shortly to be had and solemnized, between
the said Moses S. McCall, and the said Catherine F. McRoe and upon the treaty of the
said marriage, it was agreed between the said Moses, and the said Catherine, that the
Negro Slaves, belonging to the said Catherine, should be settled and secured, in the
manner hereinafter mentioned--
 Now know all men by these presents, thus the said Catherine in
Consideration of the said intended marriage, and also, of one dollar, to her in hand paid,
by the said T. B. Haynesworth, the receipt and payment of which is hereby acknowledged
and by and with the Consent of said Moses S. McCall testified to by his signing and
sealing thesepresents, have bargained, sold, assigned, and transferred, and by these
presents doth bargain, sell, assign, and transfer, unto the said T. B. Haynesworth, the
following Negro Slaves—Towit; Billy, Garret, Marion, Toney, Patience, Bella, Leah,
Gee, Betsey, Emma, Jane, Sarah, and Matilda—to have and to hold, all and singular the
before mentioned Slaves together with the future issue of  the said female slaves, unto the
said T. B. Haynesworth, his executors, and administrators forever.  In Trust nevertheless,
and for the following use and purpose, that is to say, for the sole and separate use of the
said Catherine, until the Solemnization of the said Marriage—and from and immediately
after the same, to and for the sole and separate use, of the said Catherine, during the
Coverture and should the said Moses S. McCall Survive the said Catherine, then for the
use of the said McCall, for and during the term of his natural life—and after his death, to
 the use of  the Children of the marriage of the said Catherine and Moses, and their heirs
 forever—the Child or Children of a deceased Child or Children, to take the share or
shares, which his, her or their parent, or parents would have been entitled to have he, she,
or them been living—But if there should be none living at the time of Said Catherine’s
death, (the said Moses be surviving) then that the said T. B. Haynesworth, do convey the
said Negroes, together with their future increase (to take effective possession, after the
termination of  the life estate, to the said Moses S. McCall, to such persona and to such
uses, as the said Catherine in her lifetime, by exerting under her hand and Seal, executed
in the presence of  two witnesses, may have directed and appointed.  And in the
event, that the said Catherine Survive the said McCall then that said Haynesworth, do
hold the said Negroes and their increase, to and for the use and behalf? of the said
Catherine, for and during the term of her natural life, and after her death, to the use of the
child or children of the marriage, as already directed to be conveyed to such child or
children, in the event of the said Moses S. McCall Surviving—but if there should be no
child or children of the said Catherine and the said Moses, living at the death of the said
Moses, or Child or Children of a deceased child or children, then thus the said T. B.
Haynesworth (upon the written request of the said Catherine) do reconvey the said
Negroes, with the increase of the said female slaves, to the said Catherine and her heirs,
forever, free and discharged of all limits whatsoever.
 In testimony whereof, the parties to these presents, have hereunto set their
hands and seals, the day and year first above written.
Signed, Sealed, and Delivered                      Moses S. McCall      {Seal}
in the presence of                                         Catherine F. McRoe  {Seal}
John F. Dubose                                            T. B. Haynesworth    {Seal}
J. S. Weatherly

State of South Carolina}
Marlborough District    }   Personally appeared before me Jeb S. Weatherly and made
oath, that he was present, and saw the above named Moses S. McCall, Catherine F.
McRoe, and T. B. Haynesworth, sign & seal, as were the marriage contract above written,
as the schedule thereunto attached, and that he and John F. Dubose, in the presence of
each other, signed their names as witnesses to the same.
Sworn before me this 28th day of May 1847  } J. S. Weatherby
                                                                      J? McCall  Clerk
 
 A Schedule of Negro Slaves
Billy        a  Negro   Man   Slave
Garrett    a  ------     boy   ------
Marion   a   ------       “     -----
Toney    a   ------       “      -----
Patience a   -----    woman -----
Bella      a      “          “        -----
Leah      a      “          “        -----
Gee       a    -----     boy     -----
Betsey   a    -----    girl       -----
Emma    a    -----      “        -----
Jane       a    -----      “        -----
Sarah     a    -----      “        -----
Matilda  a    -----      “        -----
     In testimony that the above, is a true Schedule of the Negro Slaves
intended to be Settled and Secure by this Marriage Settlement, the parties to the same have
hereunto set their hand and seals, this the twenty seventh day of May, in the year of our Lord
one thousand eight hundred and forty seven.
Signed, Sealed and Delivered                       Moses S. McCall      {Seal}
In the presence of                                        Catherine F. McRoe  {Seal}
John F. Dubose                                           T. B. Haynesworth    {Seal}
J. S. Weatherby
 
Entered 28th May 1847
                                                                    J? McCall
                                                                    Register

State of South Carolina}
Marlborough District    }
Recorded in the Register’s office of said District Book R Page 11.
Examined and Certified by me this 28th day of May 1847.
                                                                     J? McCall
                                                                     Clerk Register

South Carolina     }
Darlington District} R. M. C. Office
Recorded in Book P  Pages 374, 375, & 376
Examined & Certified this 2nd day of June 1847
                                                                   J. H. Huggins  R.M.C.
Secretary’s Office
Columbia 8th June 1847
Recorded in Miscellaneous Record Book R Page 422
                                                                   M. F. Arthur
                                                                   Deputy Secty. of State

South Caroline     }
Darlington District}
 I Thomas C. Evans, Commissioner in Equity for the state and District
aforesaid, do hereby certify that Samuel E. Bingham has this day qualified by giving his
bond, as Trustee in the Stead of Thomas B. Haynesworth, under the deed of Marriage
Settlement, executed by Moses S. McCall Catherine G. McRoe and Thomas B.
Haynesworth on the 26th May A.D. 1847 and recorded in the Registers Book of
Marlborough District on the 28th May 1847  and in the office of the Secretary of State on
the 8th June 1847
In Testimony whereof thereunto set my hand and seal this 3rd October 1853
{Seal}                                                        Thomas C. Evans

Filed in Office for Record at 9 O’Clock AM 11th January A.D. 1854
                                                                   Jno P. Kale Clk
The State of Texas }
      Polk County     }  I, John P. Kale Clerk of the County Court of said County, Certify the
foregoing Marriage Settlement, Schedule of Property, and Certificates thereto were this day
recorded in office in Record Book of  the Separate Property of Married Women B
Pages 12, 13, 14 & 15  at 1O’Clock PM
Witness my hand and seal of office this 13th January A.D. 1854
{Seal}                                                         Jno. P. Kale Clk.

South Carolina    }
Darlington District}   Know all men by these presents that I, Moses S. McCall Jr., now of the
District and state aforesaid but intending soon to remove to the State of Texas, in Consideration
of the Natural love and affection which I have and bear to my wife Catherine and my Children,
to Supply an accidental omission in the Deed of Marriage Settlement on the 26th May A.D. 1847
Between myself of the one part Catherine F. McRoe of the second part and T. B. Haynesworth
of the third part, and for the further consideration of five dollars to me in hand paid by Samuel E.
Bigham late of the Marion District in the State first aforesaid, but who is now about to remove to
the State of Texas, have sold given granted and Conveyed, and by these presents do sell give
grant & Convey unto the said Samuel E. Bigham a certain female negro Slave named Margaret
about _____ years of age.  To have and to hold the said slave Margaret and her future issue unto
the said Samuel E. Bigham, his Executors and administrators in trust, Nevertheless, and for the
following uses and purposes, that is to say, for the sole and Separate use of the said Catherine F.
(now the wife of the Said Moses) so long as the Marriage shall exist, or during Coverture, and
should the said Moses Survive the said Catherine, then, for the use of the said Moses for and
during the term of his natural life, and after his death to the use of the Children of the Marriage
of the said Moses & said Catherine and their heirs forever; the Child or Children of a deceased
Childor Children, to take the share or shares, which his her or their parent or parents, would
have been entitled to had he she or they been living, but if there should be none living at the time
of the said Catherine’s death and the said Moses surviving, then the  said Bigham to Convey
the said Slave Margaret and her future increase (to take Effective possession after the
termination of the life Estate of the said Moses to such persons and such uses, as the said
Catherine in her life time by writing under her hand and Seal, Executed in the presence of two
witnesses may have directed and appointed, and in the Event that the said Catherine survive
the said Moses, then, that the said Bingham do hold said Slave Margaret & her future issue,
to and for the use & behalf of the said Catherine for and during the term of her natural life,
and after her death to the use of the Children of the Said Moses and the said Catherine, as
already directed to be conveyed to such Child or Children but if no Child or Children of the
said Moses and the Said Catherine should be living at the death of said Moses or Child or
Children of a deceased Child or Children then the said Bigham (at the written request of
said Catherine) do reconvey to said Catherine the said Negro slave Margaret & her future
increase to the and her heirs forever, free and discharged of all trusts—whatsoever—
       In testimony whereof I the said Moses S. McCall Jr. have hereunto set my hand & seal,
this the seventeenth day of November in the year of our Lord, one thousand Eight hundred
and fifty three and in the Seventy Eighth year of the Independence of the United States
of America.
Signed, Sealed, & delivered                            M. S. McCall {Seal}
in the presence of
D. C. Mullins
H. S. Charles

South Carolina     }
Darlington District}  Before me personally appeared before me David C. Mulling who on
oath, says that he saw the said M. S. McCall Jr. Sign Seal and delivered the above written
deed for the uses and purposes therein mentioned and that he with H. L. Charles witnessed
the due Execution thereof.  Sworn to before me this 17th Nov. 1853.
E. B. Brunson                                                   D. C. Mulling
Clerk Court ????? (Cannot read)

State of South Carolina}
Darlington District        }  Recorded in Registers office of Misc? Conveyances in Book R.
pages 67 & 68 this 17th day of November A.D. 1853
                                                                         E. B. Brunson
                                                                         R. M. C.
Secry. office Columbia

Dec. 19th 1853  Recorded in Miscellaneous Record Book (X) page 126.
Examined and Certified By
                                                                         Wm. F. Arthur
                                                                         Dep. Sec. of State

The State of Texas}
   Polk County       }   Personally appeared before me John P. Kale Clerk of the County
Court of said County, M. S. McCall Jr. to me personally known, who acknowledged the
execution of the annexed instrument of writing for the purposes and Consideration therein
Stated
{Seal}  In Testimony whereof I have hereunto set my hand and seal of office this
the 27th  February A.D. 1854
                                                                         Jno. P. Kale  Clk

Filed in office for Record at 10 O’Clock AM 27th February A.D. 1854
                                                                         Jno. P. Kale  Clk

Note:  The word “T.B. Haynesworth” interlined over the “the said Moses S. McCall Jr.”
erasure in 13th line of the foregoing instrument & “Sworn to before one 17th Nov. 1853”
erasure in 81st line of said instrument.

The State of Texas}
   Polk County      }  I John P. Kale Clerk of the County Court of said County, Certify
that the foregoing Instrument of writing and Certificates thereto were this day recorded
in office in Record Book of the Separate Property of Married Women  B
Pages 15, 16, 17, at 11 O’Clock AM
{Seal}   Witness my hand and Seal of office this the 28th February AD 1854
                                                                             Jno. P. Kale Clk
---------------------------------------------------------------------------------------------

Back to Separate Property Index >>>

Back to Polk County Connections >>>