Marlboro County, South Carolina
COURT RECORDS
 
 
 

Polk County, TX Court Record

Kindly contributed by Joyce McNiel Munson, © 2001


 Polk County, Texas  Record Book B -
Separate Property of Married Women 1849 - 1872
Transcribed by Beverly Munson Evins & Joyce McNiel Munson
from Original Records located at
Sam Houston Regional Library & Research Center
FM 1011, P.O. Box 310, Liberty, Texas 77575

Page 12

The State of South Carolina }
Marlborough District        }
This Indenture the Parties made on the twenty sixth day of May in the
year of our Lord one thousand eight hundred and forty seven, between
Moses S. McCall Jr., of the one part, Miss Catherine F. McRoe of the
second part, and T. B. Haynesworth Esq. of Darlington District, of the
third part.  Witnesses—
Whereas a Marriage is intended shortly to be had and solemnized, between

the said Moses S. McCall, and the said Catherine F. McRoe and upon the
treaty of the said marriage, it was agreed between the said Moses, and
the said Catherine, that the Negro Slaves, belonging to the said
Catherine, should be settled and secured, in the manner hereinafter
mentioned--
Now know all men by these presents, thus the said Catherine in
Consideration of the said intended marriage, and also, of one dollar, to
her in hand paid, by the said T. B. Haynesworth, the receipt and payment
of which is hereby acknowledged and by and with the Consent of said
Moses S. McCall testified to by his signing and sealing these presents,
have bargained, sold, assigned, and transferred, and by these presents
doth bargain, sell, assign, and transfer, unto the said T. B.
Haynesworth, the following Negro Slaves—Towit; Billy, Garret, Marion,
Toney, Patience, Bella, Leah, Gee, Betsey, Emma, Jane, Sarah, and
Matilda—to have and to hold, all and singular the before mentioned
Slaves together with the future issue of  the said female slaves, unto
the said T. B. Haynesworth, his executors, and administrators forever.
In Trust nevertheless,
and for the following use and purpose, that is to say, for the sole and
separate use of the said Catherine, until the Solemnization of the said
Marriage—and from and immediately after the same, to and for the sole
and separate use, of the said Catherine, during the Coverture and should
the said Moses S. McCall Survive the said Catherine, then for the use of
the said McCall, for and during the term of his natural life—and after
his death, to the use of  the Children of the marriage of the said
Catherine and Moses, and their heirs forever—the Child or Children of a
deceased Child or Children, to take the share or shares, which his, her
or their parent, or parents would have been entitled to had he, she, or
them been living—But if there should be none living at the time of Said
Catherine’s
death, (the said Moses be surviving) then that the said T. B.
Haynesworth, do convey the said Negroes, together with their future
increase (to take effective possession, after the termination of  the
life estate, to the said Moses S. McCall, to such persons and to such
uses, as the said Catherine in her lifetime, by exerting under her hand
and Seal, executed in the presence of  two witnesses, may have directed
and appointed.  And in the

Page 13

event, that the said Catherine Survive the said McCall then that said
Haynesworth, do hold the said Negroes and their increase, to and for the
use and behalf of the said Catherine, for and during the term of her
natural life, and after her death, to the use of the child or children
of the marriage, as already directed to be conveyed to such child or
children, in the event of the said Moses S. McCall Surviving—but if
there should be no child or children of the said Catherine and the said
Moses, living at the death of the said Moses, or Child or Children of a
deceased child or children, then thus the said T. B. Haynesworth (upon
the written request of the said Catherine) do reconvey the said Negroes,
with the increase of the said female slaves, to the said Catherine and
her heirs,
forever, free and discharged of all limits whatsoever.
 In testimony whereof, the parties to these presents, have hereunto set
their
hands and seals, the day and year first above written.
Signed, Sealed, and Delivered   Moses S. McCall {Seal}
in the presence of     Catherine F. McRoe  {Seal}
John F. Dubose     T. B. Haynesworth    {Seal}
J. S. Weatherly

State of South Carolina }
Marlborough District    }   Personally appeared before me Jeb S.
Weatherly and made oath, that he was present, and saw the above named
Moses S. McCall, Catherine F. McRoe, and T. B. Haynesworth, sign & seal,
as were the marriage contract above written, as the schedule thereunto
attached, and that he and John F. Dubose, in the presence of each other,
signed their names as witnesses to the same.
Sworn before me this 28th day of May 1847  } J. S. Weatherby
  J? McCall  }
  Clerk   }

 A Schedule of Negro Slaves
Billy     a  Negro   Man   Slave
Garrett  a  ------     boy    ------
Marion  a  -----       “     -----
Toney   a  -----       “        -----
Patience a  ----    woman  -----
Bella      a      “        “         -----
Leah      a       “       “         -----
Gee       a   -----     boy     -----
Betsey   a   -----    girl      ------

Page 14

Emma  a    -----    “         -----
Jane     a    -----     “        -----
Sarah    a    -----    “         -----
Matilda a    -----    “         -----
 In testimony that the above, is a true Schedule of the Negro Slaves
 intended to be Settled and Secure by this Marriage Settlement, the
parties to the same have hereunto set their hand and seals, this the
twenty seventh day of May, in the year of our Lord one thousand eight
hundred and forty seven.
Signed, Sealed and Delivered   Moses S. McCall {Seal}
In the presence of     Catherine F. McRoe  {Seal}
John F. Dubose    T. B. Haynesworth    {Seal}
J. S. Weatherby
 Entered 28th May 1847
    J? McCall
    Register
State of South Carolina }
Marlborough District    }
 Recorded in the Register’s office of said District Book R Page 11.
Examined and Certified by me this 28th day of May 1847.
     P. McCall
     Clerk Register

South Carolina      }
Darlington District } R. M. C. Office
Recorded in Book P  Pages 374, 375, & 376
Examined & Certified this 2nd day of June 1847
   J. H. Huggins  R.M.C.
  Secretary’s Office
 Columbia 8th June 1847
Recorded in Miscellaneous Record Book R Page 422
   M. F. Arthur
   Deputy Secty. of State

South Caroline      }
Darlington District }
 I Thomas C. Evans, Commissioner in Equity for the state and District
aforesaid, do hereby certify that Samuel E. Bingham has this day
qualified by giving his bond, as Trustee in the Stead of Thomas B.
Haynesworth, under the deed of Marriage Settlement, executed by Moses S.
McCall Catherine G. McRoe and Thomas B. Haynesworth on the 26th May A.D.
1847 and recorded in the Registers Book of Marlborough District on the
28th May 1847 and in the office of the Secretary of State on the 8th
June 1847
In Testimony whereof thereunto set my hand and seal this 3rd October
1853
{Seal}    Thomas C. Evans

Page 15

Filed in Office for Record at 9 O’Clock AM 11th January A.D. 1854
    Jno P. Kale Clk
The State of Texas }
      Polk County  }  I, John P. Kale Clerk of the County Court of
said County, Certify the foregoing Marriage Settlement, Schedule of
Property, and Certificates thereto were this day recorded in office in
Record Book of  the Separate Property of Married Women B  Pages 12, 13,
14 & 15  at 1O’Clock PM
 Witness my hand and seal of office this 13th January A.D. 1854
{Seal}     Jno. P. Kale Clk.

South Carolina       }
Darlington District  }   Know all men by these presents that I, Moses S.
McCall Jr., now of the District and state aforesaid but intending soon
to remove to the State of Texas, in Consideration of the Natural love
and affection which I have and bear to my wife Catherine and my
Children, to Supply an accidental omission in the Deed of Marriage
Settlement on the 26th May A.D. 1847 Between myself of the one part
Catherine F. McRoe of the second part and T. B. Haynesworth of the third
part, and for the further consideration of five dollars to me in hand
paid by Samuel E. Bigham late of the Marion District in the State first
aforesaid, but who is now about to remove to the State of Texas, have
sold given granted and Conveyed, and by these presents do sell give
grant & Convey unto the said Samuel E. Bigham a certain female negro
Slave named Margaret about _____ years of age.  To have and to hold the
said slave Margaret and her future issue unto the said Samuel E. Bigham,
his Executors and administrators in trust, Nevertheless, and for the
following uses and purposes, that is to say, for the sole and Separate
use of the said Catherine F. (now the wife of the Said Moses) so long as
the Marriage shall exist, or during Coverture, and should the said Moses
Survive the said Catherine, then, for the use of the said Moses for and
during the term of his natural life, and after his death to the use of
the Children of the Marriage of the said Moses & said Catherine and
their heirs forever; the Child or Children of a deceased Child or
Children, to take the share or shares, which his her or their parent or
parents, would have been entitled to had he she or they been living, but
if there should be none living at the time of the said Catherine’s death
and the said Moses surviving, then the  said Bigham to Convey the said
Slave Margaret and her future increase (to take Effective possession
after the termination of the life Estate of the said Moses to such
persons and such uses, as the said Catherine in her life time by writing
under her hand and Seal, Executed in the presence of two

Page 16

witnesses may have directed and appointed, and in the Event that the
said Catherine survive the said Moses, then, that the said Bingham do
hold said Slave Margaret & her future issue, to and for the use & behalf
of the said Catherine for and during the term of her natural life, and
after her death to the use of the Children of the Said Moses and the
said Catherine, as already directed to be conveyed to such Child or
Children but if no Child or Children of the said Moses and the Said
Catherine should be living at the death of said Moses or Child or
Children of a deceased Child or Children then the said Bigham (at the
written request of said Catherine) do reconvey to said Catherine the
said Negro slave Margaret & her future increase to the and her heirs
forever, free and discharged of all trusts—whatsoever—
 In testimony whereof I the said Moses S. McCall Jr. have hereunto set
my hand & seal, this the seventeenth day of November in the year of our
Lord, one thousand Eight hundred and fifty three and in the Seventy
Eighth year of the Independence of the United States of America.
Signed, Sealed, & delivered    M. S. McCall {Seal}
in the presence of
D. C. Mullins
H. S. Charles

South Carolina      }
Darlington District }  Before me personally appeared before me David C.
Mulling who on oath, says that he saw the said M. S. McCall Jr. Sign
Seal and delivered the above written deed for the uses and purposes
therein mentioned and that he with H. L. Charles witnessed the due
Execution thereof.  Sworn to before me this 17th Nov. 1853.
E. B. Brunson     D. C. Mulling
Clerk Court  ---?---  (Cannot read)

State of South Carolina }
Darlington District     }  Recorded in Registers office of Misc(?)
Conveyances in Book R.  pages 67 & 68 this 17th day of November A.D.
1853
     E. B. Brunson
     R. M. C.
Secry. office Columbia

Dec. 19th 1853  Recorded in Miscellaneous Record Book (X) page 126.
Examined and Certified By
     Wm. F. Arthur
     Dep. Sec. of State

Page 17

The State of Texas }
   Polk County     }   Personally appeared before me John P. Kale
Clerk of the County Court of said County, M. S. McCall Jr. to me
personally known, who acknowledged the execution of the annexed
instrument of writing for the purposes and Consideration therein Stated
{Seal}  In Testimony whereof I have hereunto set my hand and seal of
office this
the 27th  February A.D. 1854
     Jno. P. Kale  Clk
Filed in office for Record at 10 O’Clock AM 27th February A.D. 1854
     Jno. P. Kale  Clk
Note:  The word “T.B. Haynesworth” interlined over the “the said Moses
S. McCall Jr.” erasure in 13th line of the foregoing instrument & “Sworn
to before one 17th Nov. 1853” erasure in 81st line of said instrument.

The State of Texas }
   Polk County     }  I John P. Kale Clerk of the County Court of
said County, Certify that the foregoing Instrument of writing and
Certificates thereto were this day recorded in office in Record Book of
the Separate Property of Married Women  B  Pages 15, 16, 17, at 11
O’Clock AM
{Seal}   Witness my hand and Seal of office this the 28th February AD
1854
     Jno. P. Kale Clk


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