Indenture of William H. Clark
May 15, 1846
Contributed by Frances Cronin January 8, 2006
This Indenture, made and entered into this the fifteenth day of May, One thousand eight hundred and forty six, between William Clark, the elder, of the first part, William H., Major John, Samuel V., James B. and Mary O., infant children of the said William the elder, of the Second part, and Robert A. Clark of the third part, all of the county and State aforesaid, Witmesseth:
That, Whereas the said William of the first part has advanced and given to his five elder children, that he conceived to be an equal portion of his estate or nearly so, and being desirous of securing to his five younger children as tenants in common a portion of his estate, hath therefore for and in consideration of the premises and of One dollar to him in hand paid by the said Robert A., bargained, sold and conveyed and unto Robert A. Clark of the third part, the following property, that is to say, one tract of land lying partly in the County of Hindds, but principally in the County of Madison, on and adjoining Society Ridge, containing twelve hundred and eighty acres, which will more fully & distinctly appear by reference to a deed of conveyance from Elisha Battle, administrating Est. of his wife, from Isiah Wilson and Eliza his wife, from Wright B. Hendricks and Mary, his wife, from Burwell Fox and O.D. Battle, administrating Est. of Joseph A. Fest, Dec’d and from Upton Miller, admr.de bonis non Edio in Perry’s estate, it being the plantation whereon the said William of the first part is now carrying on his farm, together with all of the farming utensils, all of the horses, mules, cattle, hogs, sheep, oxen carts, waggons which are now or may be upon the farm, also the following negroes:
Hannah, Anderson, Noah, Prude, Cornelia, Syfan, Celia,Emily, Airy, Jep, Abraham, Little Mathilda, Seth, Evans, Mary, Daniel, Big Mathilda, Tillar, Stephan, Ned, Chany, Amanda and her child Eliza, Ephriam, Bethany, Peter, Susan, Harry, Lettice, Amy, Jim, Ormen, Edwin, Arthur, Young Lewis, Edmond, Jacob, Philip, Old Lewis, Jinny, Rose, Sarah & Violet.
and I the said William Clark of the first part, do for my heirs and assigns warrant and forever defend the aforesaid property to the said Robert A. Clark, his heirs and assigns upon trust, nevertheless, and upon the express condition that he the said Robert A. shall permit the said Willliam of the first part to remain in pea ceable and quite posession of the same, and to enjoy for and during the term of his natural life, the aforesaid property as well for his own maintenance, as the maintenance and education of his children of the second part, and the payment of his debts, and the said William shall further be permitted to hire out or sell any or all of the aforesaid property at his discretion, and again to buy other property with the proceeds of said sale, or otherwise invest the money as he may see proper to do, for the proceeds of which sale whether invested in property or notes or cash is to be held by the sid William of the first part, or Robert A. of the third part, subject to all respects to the trust herein declared, and whenever he the said William may think proper so to do he may divide off, and give to any child or children of the second part, before they marry or arrive at the age of twenty-one years, equal portions of the property herein conveyed, the share that he or they would have acquired had they lived is to survive to the survivors, and upon the death or at the request of the said William of the first part, the said Robert A of the third part hereby covenants and agrees to take charge of the said property herein conveyed to him in trust, and manage it to the best of his skill and ability for the promotion of the the interest of the parties of the second part, and he is hereby fully authorized and empowered to do and perform all acts, to sell and dispose of, and when any of the second part marry or arrive at the age of twenty-one years, if by him or her desired, to allot to him or her as the case may be, their equal proportion of this trust find.*
This document continues for another page discussing daughter Jane Eliza Pickett and daughter Mary O., a minor at this time. William made this testament after the death of his second wife, Louisa Pearce Lanier, mother of his children. this was before his third marriage. See his will. this was recorded May 22, 1846 Book K, Page 183, Madison County Mississippi.
*Note From Frances: Names of Slaves of William H. Clark of Madison County & Hinds
County. Plantation of 1200 acres in both counties at place called Society Ridge. There is a road still in existence as well as a cemetery.
Slaves: Hannah, Anderson, Noah, Prude, Cornelia, Syfan, Celia, Emily, Airy, Jep, Abraham, little Mathilda, Seth, Evans, Mary, Daniel, Big Mathilda, Tillar, Stephen, Ned, Chany, Amanda and her child Eliza, Ephriam, Bethany, Peter, Susan, Harry, Lettice, Amy,
Jim, Ormen, Edwin, Arthur, Young Lewis, Edmond, jacob, Philip, Old Lewis, Jinny, Rose, Sarah & Violet.
This indenture was dated 1846. In his will he mentions Stephen and his wife Marie.(could be Mary above.) The hearsay in our family was that the William H. Clark's wife, Louisa Pearce Lanier ran a school for the children and taught all the slaves to write. I don't know how true this is.
Page Created January 9, 2006
Copyright 2006 Jane Combs All Rights Reserved
Submission Remains the Property of Frances Cronin