Bertie COUNTY NC DEEDS Hill, Willie J. - Robert Hamlin (Marriage Contract) 1857 ********************* Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/bertie.htm ******************** File contributed for use in USGenWeb Archives by Virginia Crilley varcsix@hot.rr.com Deed Book LL page 231-234 This Indenture made and entered into the 16 day of November, one Thousand, eight hundred and fifty-seven (1857) between William Julia Hill, of the county of Bertie, of the first part, Robert Hamlin, of the County of Northampton of the second part, and Thomas J.P. Smallwood of the County of Bertie, of the third part all of them being residents of North Carolina, witnesseth that whereas the said William Julia Hill and Robert Hamlin, expect and intend shortly to enter into the civil and religious contract of marriage and whereas it also the intention of the said parties that not withstanding said intended marriage the portion of the estate of the said William Julia Hill, shall be and remain a separate and distinct estate from that of her said intended husband, to the same extent as if she were a feme sole. Now this Indenture further witnesses that the said William Julia Hill for the consideration aforesaid, and for the further sum of ten dollars ($10) to her in hand paid by the said Thomas J.P. Smallwood, the receipt whereof she doth hereby acknowledge hath given, granted, bargained, sold and delivered assigned and set over to the said Thomas J.P. Smallwood, his heirs and assigns the following real and personal estate to wit: all that tract of land lying and being in the Indian Woods, in Bertie County which was devised to the said William Julia, by her father, the late John Ruffin; Also any other land which may have been devised to her by her said father, whether absolutely or in reversion, or remainder; all the negro slaves which the said William Julia owns at present, or in reversion, or remainder; all the horses, mules, hogs, sheep, cattle and other stock which belong to her all her crops whether consisting of corn, cotton, peas or fodder and also the said W. Julia Hill's right to a bond or note executed by Ric'd [Richard] B. Hill as guardian of Fredric [Frederick] Hill dated Georgia, Earle [Early] County Dec 15, 1853 for four thousand seven hundred and fifty dollars and to be paid on the 15th Dec 1853 in four annual installments and upon which there is a payment on the 15th May 1857 of two thousand four hundred and twenty five dollars. To have and to hold the said bargained real estate, slaves and their increase and other personal property and chose in action, to him the said Thomas J. P. Smallwood, his heirs and assigns forever. In special trust and confidence however that he and they will hold the said real and personal estate and chose in action for the uses and trusts and upon the conditions and limitations hereinafter set forth, viz: First. Upon trust for the sole and separate use of the said William Julia Hill, until the said intended marriage shall be lawfully solemnized. Secondly. From & after the said intended marriage that he will hold the said property for the sole and separate use of the said William Julia Hill, free from the debts, contracts, or control of her said husband, permitting her to have the possession and use of said property and she shall not be accountable to any person for heirs , rents or profits, but shall not dispose of the principal except the chose in action herein before referred to, which the said TJP Smallwood shall pay over to said William Julia upon her written request, attested by one witness to that affect during the coventure. Thirdly. In the event the said William Julia should survive the said Robert Hamlin, then the said Thomas J.P. Smallwood shall reconvey to her absolutely the property hereby conveyed. Fourthly. In the event the said Robert Hamlin should survive the said William Julia, then in trust for such person or persons as the said William Julia shall under her hand and seal, attested by two witness, limit, direct and appoint, which power of appointment, whether by deed or by last will and testament, is hereby expressly reserved to her. Fifthly. In the event the said Robert should survive the said William Julia, and she shall not have made any appointment then for the use of such child, or children as the said William Julia may have surviving her to be equally divided between them, or if the said Robert should survive the said William Julia, and she should have no children, nor the issue of such, surviving and shall have made no appointment, either by Deed or Will, then in trust for the said Robert Hamlin during his life, and after his death; for the use of the nearest relative or relatives by blood to the said William Julia. And the said Robert Hamlin doth, for himself and his heirs, exs covenant and agree to and with the said William Julia; heirs, executors & as with the said Thomas J.P. Smallwood and his heirs that he will by such legal assizes as may be advised by counsel learned in the law are sufficient for that purpose, join in any conveyance to the said Thomas J.P. Smallwood or to whomsoever may at that time be the trustee in this marriage settlement of all the property, real personal or mixed or chose in action, which the said William Julia may acquire from her mother by gift, devise, descent or otherwise upon the same trusts, and for the same uses and none other as are herein provided in regard to the real and personal estate herein conveyed. It is further covenanted and agreed and expressly declared to be the true intent and meaning of this Instrument, that the said Thomas J. P. Smallwood shall at any time, have the right to resume the possession of the property hereby conveyed to him whenever it may be necessary to keep it from being wasted, or destroyed, or removed out of the jurisdiction of the courts of this State and it is further expressly stipulated, covenanted and agreed that he shall in no event be responsible for the loss of any part of said property unless said loss occurred from gross and willful negligence on his part. In testimony whereof the parties have hereunto set their hands, and affixed their seals the day and year above written. Willie J. Hill (seal) Robt P. Hamlin (seal) Thos J.P. Smallwood (seal) Signed, sealed & delivered in presence of H.H. Hardy George Harrell State of North Carolina Bertie County Court February term 1858 This marriage contract between Willie J. Hill & Robt P. Hamlin to Thomas J.P. Smallwood, Trustee was proved in open Court by the oath of H.H. Hardy, the subscribing witness thereto and ordered to be registered. Wm. P. Gurley, clerk NOTES: "chose in action - the right to bring an action to recover a debt, money or thing" Thomas J. P. Smallwood was married to William Julia's older sister, Sally Ann. Sally Ann died Jul 14, 1858, so she will still alive at the time of this contract. Thomas JP Smallwood died Sept 14, 1876. Rich'd B. Hill might be Richard Bradley Hill. Frederic Hill might be his brother, Frederick Jones Hill born 1833. They were both sons of John (1796-1847) and Elizabeth Rebecca Bradley Hill (1800-1866) . This John Hill practiced medicine for about 10 years but was also connected with the Bank of Cape Fear, first as Cashier and later as president. Also VP of Wilmington & Weldon RR. He and his father were both rice planters. In 1842, John moved to Early County, Georgia and became a cotton planter on a large scale. He died May 9, 1847 and is buried at Orton Plantation near Wilmington. [Quote from history of Sharpless and Bradley Families] Willie Julia's first husband, John Hill, was the brother of Bradley and Frederick Hill. John died 1854. They had one daughter, Willie Ruffin Hill, born 1851. Willie J. and John Hill married Oct 23, 1851 in Bertie County. The marriage with Robert P. Hamlin took place Nov 23, 1857 (location unknown) The marriage reportedly lasted only a few years, although Willie J. kept the Hamlin name until her death Dec 3, 1917. Mother of Willie J. was Rachel Harrell Ruffin ho died Sept 26, 1869. Father was John Ruffin, a prosperous land owner in Bertie County.