Articles of Agreement Between Heirs of Nancy Clanton, Sumter, Alabama

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March 2004


"Articles of Agreement between the heirs of NANCY CLANTON, dec'd.  
Rec & received 14 January 1841"

Sumter Co, AL Deed Book F (1840-1842), pp. 68-69.

"Articles of agreement by and between the heirs of NANCY CLANTON, late of 
Lauderdale County Mississippi deceased to wit THOMAS CUSACK in right of his
wife MARTHA L, HUGH DALE in right of his wife CATHERINE, JAMES RATLIFF in 
right of his wife ELIZABETH all daughters of said deceased and Lewis D. Clanton, 
son of said deceased. Whereas the aforesaid heirs have agreed on a division 
of the property and estate which was of NANCY CLANTON deceased and there being 
a son of said deceased named MARK CLANTON who is considered wholly incompetent 
to manage his own business in consequence of some mental defect and provision 
for maintenance and protection of said MARK CLANTON being necessary and therefore 
agreed by and between the aforesaid heirs that a Negro girl named MAHALA of black 
complexion of the age of thirteen  ? (being a portion of said NANCY CLANTON estate) 
together ? with the future of ? to remain in or on the ? of LEWIS D. CLANTON who 
is to ? take charge of and protect the said!

  MARK CLANTON during his natural life but with the further specification that 
the said MAHALA her future ? are to be ? for the debts in contracts neither of 
the said LEWIS D. CLANTON nor MARK CLANTON during the natural life of said MARK 
but are to remain in the possession of the said LEWIS D. CLANTON for the purpose 
of aforesaid during the natural life of said MARK CLANTON and are not to be removed 
or disposed of under any circumstances nor ? but it is agreed that if the said 
LEWIS D should survive said MARK that there and in that ? the said MAHALA 
(and increase?) are to be the bonafide property and estate of the said LEWIS D. 
CLANTON but if the said MARK survive the said LEWIS D. then the nearest relative 
is to provide some good and comfortable home for said Mark where he will be properly 
provided for and protected and shall put into the possession of the person thus 
to provide & protect the said MARK. The said MAHALA and her increase? as a ? or 
compensation for said provi! sion and protection during the natural life of 
said MARK and said near est relation shall this provide for him from time to 
time as may be required with this further agreement that whenever the said MARK 
shall depart this life then the said MAHALA & increase shall under all circumstances 
become the property of the heirs or estate of LEWIS D. CLANTON and put into their 
possession at the death of said MARK CLANTON if they shall have been put in the 
possession of any other person for the purpose of aforesaid. In testimony whereof 
we hereinto set out hands and seals this 16th day of October AD 1840."

THOMAS CUSACK   (SEAL)
HUGH DALE   (seal)
LEWIS D. CLANTON  (seal)
JAMES RATLIFF  (seal)
By L.D. CLANTON agent

State of Alabama
Sumter County

"Personally came THOS. CUSACK, HUGH DALE, LEWIS D. CLANTON, JAMES RATLIFF by his 
agent L.D. CLANTON and ? acknowledged that they signed, sealed and delivered the 
written ? on the day of its date and for the purposes therein contained for 
testimony of all which hereto subscribe my name this 12 Janry 1841."

PRICE WILLIAMS, clerk


Source: Photocopy of original document