Sumter County Alabama

Sumter County
Nancy Clanton Heirs Articles of Agreement

Submitted by: Nancy Bell

"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."

HUGH DALE (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."


Source: Photocopy of original document

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