Thomas Mason Brumby (M) #2- Mrs. Elizabeth Singleton Rose 1827 Sumter, SC

MARRIAGE CONTRACT, THOMAS M BRUMBY & ELIZABETH SINGLETON ROSE, SUMTER CO., SC VOL GG P 64 April 20, 1827-Recorded 8 May 1827

This indenture made the twenty day of April in the year of our Lord one thousand eight hundred and twenty seven between Mrs Elizabeth Rose of the first part Thomas M. Brumby of the second part and John R. Singleton and Rich'd T. Brumby of the third part all of the District and State aforesaid sheweth that whereas a marriage is intended shortly to be had and solemnized between the said Elizabeth Rose and the said Thomas M. Brumby and whereas the said Elizabeth is possessed of a considerable estate consisting of the following property (viz) six negro slaves January, Darkey, Liza, Nicey, Abigail and Jim also one feather bed and furniture also about four hundred and fifty dollars in money and choses in action and whereas the said Elizabeth will be entitled to a considerable part partion or share of the real and personal estate of John Singleton deceased upon the division partition or distribution there of and whereas it hath been agreed between the parties that the said Elizabeth notwithstanding the covertures should have the sole separate and exclusive use ______ and enjoyment of all the above property during the natural life and whereas it hath been further agreed that in case the said Thomas M should survive the said Elizabeth that then if she should leave no child or children by the said Thomas M in the said intended marriage to be begotten in that case John Rose the present and only son of the said Elizabeth should have one third and the said Thomas M the two remaining third of the said property above named and whereas it hath been further agreed that after the decease of the said Elizabeth leaving alive any child or children ifsue of the bodies of them the said Elizabeth and the said Thomas M in the said intended marriage to be begotten then and in that case the property should be equally divided share and share alike between the said John Rose and the said child or children ifsue of the bodies of them the said Elizabeth and the said Thomas M
Now therefore the indenture ________ that in pursuance that in pursuance of the aforesaid agreement and in consideration of the said intended marriage and in further consideration of the sum of five hundred dollars in hand paid by the said J. Singleton and R. T. Brumby trustees for the purposes herein after mentioned the receipt whereof is hereby acknowledged the said Elizabeth by and with the purity and consent of the said Thomas M Brumby testified by his being made a party to and by his signing sealing and delivery of these presents hath granted bargained sold assigned transferred and set over and by these presents doth grant, bargain, sell, assign, transfer and set over unto the said John Singleton and R. T. Brumby their executors, administrators or assigns all the said property, consisting of the negro slaves afore said January, Darkey, Liza, Nicey, Abigail and Jim also the feather bed and its furniture also the money and choses in action above mentioned together with all the property both real and personal which at any time hereafter shall come and be allotted to the said Elizabeth from the real and personal estate of her father the aforesaid John Singleton decreased
To have and to hold all and singular the said property unto the said J. Singleton and R. T. Brumby their executors administrators or assigns in trust nevertheless and for such purposes and under such provisions as are herein after named that is to say in trust to and for the said Elizabeth until the solemnization of the said intended marriage there in trust for the payment of all the just debts of the said Elizabeth heretofor contracted out of the four hundred and fifty dollars aforesaid and after the payment of the said debts there in trust that they the said J. Singleton and R. T. Brumby their executors administrators or assigns shall and will with the balance and remainder of the said money and choses in action purchase and convey to the said Elizabeth such real or personal property subject however to the trusts and conditions therein after expressed as she the said Elizabeth notwithstanding her coverture shall in writing with her name subscribed thereto direct and appoint and in trust and upon the future condition that the said Elizabeth shall be referred and permitted during her natural life to take and receive to her own sole separate and proper use and benefit the interest and profits of all and singular the aforesaid property and after the decease of the said Elizabeth leaving alive any child or children ifsue of the bodies of then the said Elizabeth and the said Thomas M in the said intended marriage begotten them in trust that they the said J. Singleton and R. T. Brumby their executors administrators or assigns shall assign and convey all and singular the said property to the said John Rose and the child or children ifsue of the bodies of them the said Elizabeth and the said Thomas M to be equally divided between them share and share alike and after the decrease of the said Elizabeth without leaving any ifsue of the bodies of them the said Elizabeth and the said Thomas M if the he the said Thomas M should survive her then in trust that the said property and every part thereof shall be assigned and conveyed unto the said John Rose and the said Thomas M to be divided between the said John and the said Thomas M in such a manner and in such parts and proportions that the said John Rose shall have and take one third and the said Thomas shall have and take the remaining two third of the said property and after the decease of the said Elizabeth if the said John Rose should not survive her the said Elizabeth then and in case that the said property and every part and proportion thereof shall be assigned and transferred and conveyed to the heirs of the bodies of them the said Elizabeth and the said Thomas M in the said marriage begotten between them to be equally divided between the said heirs share and share alike to the ______ and these articles of agreement are made and entered into for the purpose and upon the expressed conditions that the property above mentioned and every part or proportion thereof shall and may not in any wise be at the disposal or subject to the debt contracts forfeitures or agreement of the said Thomas M. Brumby
In testimony whereof the several parties have hereunto affixed their seals and subscribed their names in the presence of each other this twenty fourth day of April in the year of our Lord one thousand eight hundred and twenty seven and in the fifty first year of the sovereignty and Independence of the United States of America
Elizabeth Rose
Thos M. Brumby
Jno. R. Singleton
Richard T. Brumby
In the presence of
William Singleton
Elizabeth Gerald
Chas W. Gerald