James City Virginia USGenWeb Archives Divorce.....Cowles, Jane Spratley - Durfey, William August 21, 1850 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Fran Florence hflorence2@cox.net March 18, 2009, 6:09 am Southall Papers, Special Collections Research Center, Swem Library, College of William and Mary The separation agreement below is dated a month before the September 1850 census, and the census lists Jane Durfey in the household. From the census and from the chancery suit brought by Jane Spratley Cowles Durfey Moore, evidence points to the fact that they did not divorce in spite of the following document: Southall Papers, Special Collections Research Center, Swem Library, College of William and Mary August 21, 1850 Folder Articles of Agreement made this 21st day of August 1850, between William Durfey of the one part, and Robert McCandlish (for and on behalf of Jane Durfey, the wife of the said William Durfey) of the other part. Whereas Wm. Durfey by virtue of a marriage contract made with the said Jane, duly recorded, dated 27 March 1850 became entitled for life to a farm in ........ of James City devised to said Jane by Ira B. Cowles, her former husband, and two Negroes, Chester & Peter, Jr. And whereas the Mr. Wm. Durfey & Jane have by mutual consent, agreed to live separate and apart and to the intent said Jane may be restored to her condition before her marriage with said William, he, Mr. Wm. Durfey, hath agreed to convey, surrender and agree to yield up all the estate & effects, both real and personal, which he is now, or at any time or times hereafter shall be seized or possessed of, or in any wise entitled to, in right of the said Jane, to be held & enjoyed as hers from henceforth, to her sole and separate use, to be at all times full & absolutely at her disposal, as if she were sole & unmarried, without being subject to his debts, or under his control in any manner whatever. Now for the more effectually carrying the said agreement into execution, he, the said Wm. Durfey, shall & will, at the request of the said Ro. McCandlish, set his costs and charges, convey and assign to the said Ro. McCandlish and permit him to take and receive the rents, ........, and profits of said farm, and the ...... of the said Negroes, which are now accruing or hereafter might accrue to the said Wm. Durfey, together with all debts, property and effects, which the said Durfey now or hereafter may have by virture of said marriage, free from the debts, liabilities of the said Durfey to be held and enjoyed by the said Jane for her sole and separate use for and during her own will & pleasure and in as full and ample a manner as if she were unmarried. And in consideration of promises, the said Robert McCandlish, for & in behalf of the said Jane, doth covenant and promise for and with the said Wm. Durfey, surrender, assign, and give up, all right and title, which the said Jane, hath or may have to any furniture, ........... or ..........., in or out of the estate, real or personal, of Wm. Durfey or any part thereof, & she doth hereby release all claim on the said Durfey's estate. And likewise she, Jane, shall ....... indemnify & ......... harmless the said William Durfey, from all debts, charges, and circumstances contracted or to be contracted by her, said Jane, anytime or upon any account whatever. And lastly ......... service parties hereto do mutually promise ....... to and with each other, to sign, seal and execute all such other deeds & conveyances for the letter(?) Confirming the several articles aforesaid, according to the true intents and meaning as shall be hereafter advised and at such time as either of the said parties shall require. In Testimony whereof ... .... Signed William Durfey R. McCandlish Trustee Jane Durfey In James City Co., Ct. Clk,s Office - August 21st, 1850. Acknowledged by Wm Durfey Re: McCandlish & Jane Durfey, to be ........................Submitted to record.. Teste. (Signed) Th.O. Cogbill ... File at: http://files.usgwarchives.net/va/jamescity/vitals/divorces/cowles3gdv.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 4.5 Kb