"Articles of Agreement between the heirs of NANCY CLANTON, dec'd. Rec & received 14 January 1841"
Sumter Co, AL Deed Book F (1840-1842), pp. 68-69.
"Articles of agreement by and between the heirs of NANCY CLANTON, late
of Lauderdale County Mississippi deceased to wit THOMAS CUSACK in right
of his wife MARTHA L, HUGH DALE in right of his wife CATHERINE, JAMES
RATLIFF in right of his wife ELIZABETH all daughters of said deceased
and Lewis D. Clanton, son of said deceased. Whereas the aforesaid
heirs have agreed on a division of the property and estate which was of
NANCY CLANTON deceased and there being a son of said deceased named
MARK CLANTON who is considered wholly incompetent to manage his own
business in consequence of some mental defect and provision for
maintenance and protection of said MARK CLANTON being necessary and
therefore agreed by and between the aforesaid heirs that a Negro girl
named MAHALA of black complexion of the age of thirteen ? (being a
portion of said NANCY CLANTON estate) together ? with the future of ?
to remain in or on the ? of LEWIS D. CLANTON who is to ? take charge of
and protect the said MARK
CLANTON during his natural life but with the further specification that
the said MAHALA her future ? are to be ? for the debts in contracts
neither of the said LEWIS D. CLANTON nor MARK CLANTON during the
natural life of said MARK but are to remain in the possession of the
said LEWIS D. CLANTON for the purpose of aforesaid during the natural
life of said MARK CLANTON and are not to be removed or disposed of
under any circumstances nor ? but it is agreed that if the said LEWIS D
should survive said MARK that there and in that ? the said MAHALA (and
increase?) are
to be the bonafide property and estate of the said LEWIS D. CLANTON but
if the said MARK survive the said LEWIS D. then the nearest relative is
to provide some good and comfortable home for said Mark where he will
be properly provided for and protected and shall put into the
possession of the person thus to provide & protect the said
MARK. The said MAHALA
and her increase? as a ? or compensation for said provision and
protection during the natural life of said MARK and said nearest
relation shall this provide for him from time to time as may be
required with this further agreement that whenever the said MARK shall
depart this life then the said MAHALA & increase shall under all
circumstances become the property of the heirs or estate of LEWIS D.
CLANTON and put into their possession at the death of said MARK CLANTON
if they shall have been put in the possession of any other person for
the purpose of aforesaid. In testimony whereof we hereinto set
out hands and seals this 16th day of October AD 1840."
THOMAS CUSACK (SEAL)
HUGH DALE (seal)
LEWIS D. CLANTON (seal)
JAMES RATLIFF (seal)
By L.D. CLANTON agent
State of Alabama
Sumter County
"Personally came THOS. CUSACK, HUGH DALE, LEWIS D. CLANTON, JAMES
RATLIFF by his agent L.D. CLANTON and ? acknowledged that they signed,
sealed and delivered the written ? on the day of its date and for the
purposes therein contained for testimony of all which hereto subscribe my name this 12 Janry 1841."
PRICE WILLIAMS, clerk
Source: Photocopy of original document
