Brunswick County NC Genweb

James Williams to Eleanor Neal to John Scull & Benjamin Mills, 1798
Contributed by Kitty B Hoffman
October 2008
Brunswick County, North Carolina

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
Elenor NEAL
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.