Source: Copy of the original Indenture on
file at the Brunswick Co Register of Deeds, Bolivia, NC. Document
obtained and provided by Eugene Peterson, Wilmington, NC.
Transcribed by: Kitty B Hoffman and Gene
Peterson 12/30/07
State of North Carolina
Brunswick County
This Indenture Tripartite made the 12th day
of April in the year of our lord 1798. Between James WILLIAMS of the
county aforesaid planter of the first part & Eleanor NEAL of the
Same County Spinster of the second part to John Gambier SCULL &
Benjamin MILLS both of the county & State aforesaid of the third
part. Witnesseth that whereas a marriage is intended by the permission
of God to be shortly had & Solemnized between the said James
WILLIAMS & the said Elenor NEAL & where as the said Elenor NEAL
is entitled to Sundry Negro Slaves, & all other property as wife of
Wm VERNON, deceased late of the County and State aforesaid & to
certain other Negroes, Wm VERNON
slaves & other property by & under
the last Will & Testament of Thomas NEAL of the same County &
State aforesaid, & also the other Negro Slaves & other property
as one of the children to next of Kin of the late Pantewell [Cantwell]
SCULL deceased as here distributive Shone of the Real & personal
Estate of the said Pantwell [Cantwell] SCULL by thorough & under
the Statues of distribution all of which Said Negro Slaves & other
property remain undivided between devisors of the Said William VERNON
& Thomas NEAL & Next of kin of the Said Plantwell [Cantwell]
SCULL.
Now This indenture witnesseth, that in consideration of the said
intended marriage & of the sum of ten pounds to the Said James
WILLIAMS by the said John Gambier SCULL & Benjamin MILLS by &
with the consent of the said Elenor NEAL at or before the ensealing
& Delivery of their Presents, the receipt whereof the said James
doth hereby acknowledged & for providing & securing a competent
provision of maintenance for the said Elenor NEAL for & during the
said conventuer & in case She shall after the said intended
Marriage had surviving & over him the said James WILLIAMS her said
intended husband & for selling & securing the said Negro Slaves
& other property to said Elenor NEAL & unto such uses &
upon such trust as are herein after expressed & declared they the
said James WILLIAMS & Elenor NEAL have & each of them both
granted, bargained, sold & confirmed & by these presence do
& each of them grant, bargain, sell, & confirmed unto these
presence do & each of them grants, bargains, sell & confirm
unto the said John Gambier SCULL & Benj. MILLS their heirs &
assigns all & singular(?) the Said Negroes Slaves & other
property & the issues & profits thereof & every part &
parcel item thereof with all the Estate right - titles, property,
interest, claims & demand whatsoever, both at Law & equity of
the said James WILLIAMS & Eleanor NEAL or either of them To Have
& To Hold the said Negros Slaves & other property with their
future increase unto the said John Gambier & Benj. MILLS, their heirs & assigns to such uses
& upon such trusts & to and for such intents & purposes as
hereafter mentioned of & concerning the same That is to Say &
the Sole & Separate use & behoof of the Said Elenor NEAL from
the Executors of these presents until the solemnization thereof to the
joint use & behoof of them the said James WILLIAMS & Elenor
NEAL for & during the said coventure & if the said Elenor NEAL
should survive & over live the said James WILLIAMS her said
intended husband , therefore & after the decease of the said James
WILLIAMS to the sole & separate use benefit & behoof of her the
said Elenor NEAL, her Heirs & assigns forever, and the said JAMES
WILLIAMS doth covenant & agree to & with the said John Gambier
SCULL & Benja MILLS that he will well and truly perform the
covenant herein Expressed & the said John G. SCULL & Benjamin
MILLS parties to these presents doth covenant & agree to & with
the said James WILLIAMS and Elenor NEAL his said intended wife they
will hold the said Negroes Slaves & other property herein mentioned
with their further increase according to the true intent meaning &
intention of these presents. That is to say the said Negro slave &
other property with the future increase shall & may at all times
hereafter remain contained & be to & the further uses &
purposes & upon the trust-& agreements herein before mentioned
& so shall remain contained & be.
In witness whereof the parties to these
presents have hereunto set their hands & seals this day & year
first-above.
Witnesses -Signed Sealed & Delivered In
Presents of Elka ALLEN, JR.
WILLIAMS T. Ellsworth
James WILLIAMS
Elenor NEAL
John G. SCULL
Benjamin MILLS,
John Cains, Clk.
Brunswick County, July Term 1798 The due
Executors of the within marriage settlement was proven in open court by
the oath of Elkanah ALLEN JR., one of the subscribing evidences thereto
& was ordered to be registered.
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