Phelps Family History in America
1827 Prenuptual Between Samuel Claggett III and Julia Sanford
My third g-grandfather, Samuel Claggett III (b. Feb 8, 1797), was the son of Dr. Samuel Claggett II and Amey Ramey of Fauquier County, Virginia.
At age 19, he first married on January 23, 1816 Lucy Sanford (b. 1796), daughter of Col. Thomas Sanford and his wife Kesiah Wilson. Lucy died young after bearing two children, James Augustine and Sanford R., before 1827.
In spite of the fact that his father was a doctor, Samuel apparently didn't receive much money from his father's estate when he died on March 29, 1821 or didn't manage his affairs well. When he proposed to marry Lucy's older half-sister, Julia (b. July 1, 1807), the "Sanford to Fewell Indenture" was created to preserve her assets separate from his. Her assets included "two beds and furniture, one side board, one table and some chairs" and at least two female slaves ("Delila" and "Jane"). This Indenture and a second one written in 1832 ("Claggett to Horner Indenture") were effectively an early form of a pre-nuptual agreement.
When they married in 1827, Julia's father had died about 5 years after her birth. Her younger brother Thomas has also died, and she received his "considerable" estate as well. When Samuel and Julia first married on May 8, 1827, an Indenture was created with James Fewell as trustee. James Fewell was a merchant in Fauqier County and later County Coroner.
Claggett to Fewell Indenture
Marriage Contract for Samuel Claggett and Julia F. Sanford
This indenture tripartite made the 8th day of May in the year of our Lord one thousand eight hundred and twenty seven between Samuel Clagett of the County of Fauquier of the first part, Julia F. Sanford of the County of Prince William of the second part and James Fewell of the third part.
Whereas a marriage is shortly intended to be had and solemnized by the permission of God by and between the said Samuel Clagett, and the said Julia F. Sanford: and whereas the said Julia F. Sanford under and by virtue of the last will and testament of her father Thomas Sanford and by the death of her mother the late Kesia Britton and of her brother Thomas Sanford is entitled to a considerable personal property consisting of one moiety [half] of the slaves mentioned in the said last will and testament and the increase of the female slaves in the said will mentioned, and is also possessed of the following household and kitchen furniture.
That is to say, two beds and furniture, one side board, one table and some chairs, and whereas it hath been agreed by and between the said Samuel Clagett and Julia F. Sanford that the aforesaid property should be so settled before marriage as to prevent the said Samuel Clagett from acquiring any title or interest therein by virtue of the intended marriage and for the purpose of affecting that object the said Julia F. Sanford doth by this Indenture and for the consideration of one dollar to her in hand paid by the said J. Fewell dispose of and transfer to the said James Fewell all the right title and interest in the property above mentioned. To have and to hold the said personal property unto him the said James Fewell his heirs Executors administrators or assigns.
Nevertheless for the following uses and purposes, to wit, that the said James Fewell his heirs Exors etc shall permit the said Julia F. Sanford to use the said personal property and receive and enjoy the hires of the said slaves and personal property is in no wise to be considered as the property of the said Samuel Clagett or subject to his management and direction and the said James Fewell his heirs Executors etc shall annually pay over the hires of the slaves hereby conveyed to the said Julia F. Sanford her heirs exors or assigns to be appropriated to her exclusive use and benefit.
It is understood that this trust estate is created to secure to the said Julia F. Sanford the aforesaid property during her marriage therefore if the said Samuel Clagett should die, living the said Julia F. Sanford, that then and in that event the trust is to cease and she is to have the said property in the same manner as she possessed before the signing sealing and delivery of this Indenture and in the event of the said Julia F. Sanford's dying before the said Samuel Clagett my appointment or disposition which she may choose to make of the aforesaid property by will or by any writing in the nature of a will shall have full effect and she hereby reserves to herself the right to make such disposition or appointment or if she dies without making my such will or writing in the nature of a will her rightful representatives shall possess and enjoy the said property free of this trust and incumberance.
In testimony whereof the parties have hereunto set their hands and affixed their seals the day and year aforesaid.
Signed sealed and delivered
Samuel Clagett in the presence of Julia F. Sanford
James Fewell Memo: the words Thomas interlined in the 17th line of the first page interlined before signed
Mr. B. Sinclair
At a Court held for Prince William County the 2nd day of July 1827.
This indenture between Samuel Clagett of the 1st part Julia F. Sanford of the 2nd part and James Fewell of the 3rd part, was acten..es by James Fewell to be his act and deed and certified.
And at a Court of quarterly sessions continued and held for Prince William County the 10th day of August 1827.
This said Indenture was proved by the oaths of Mr. B. Sinclair and Redmon Foster witness thereto and further certified.
And at a Court held for said County the 4th day of February 1833. This Indenture was fully proved by the oath of Bernard Leachman and ordered to be recorded.
John Williams Clerk
At a Court held for Fauquier County on the 9th day of February 1833.
This Indenture was received in the Office and having been duty admitted to record in Prince William County as appears by the certificate of the Clerk of the County Court of said County, admitted to record in this office.
A. J. Marshall Clerk
By the fifth year of his second marriage in 1832, Samuel was broke and in debt. In the second indenture (bel0w), Julia agrees to sell one of her slaves ("a certain negro girl by the name of Jane") to pay Samuel's debts.
The indenture protects "all the interest, title, claim and demand in law and equity of her the said Julia Sanford now Julia Ciaggett in and to the estate of her deceased father, Thomas Sanford of the County of Prince William as also all her the said Julia's interest, claim and demand in and to the estate of her deceased Brother Thomas Sanford should be settled upon and secured to her the said Julia and her heirs forever, free from the control, debts. forfeitures of the said Samuel Ciaggett..."
Claggett to Horner Indenture
Samuel Claggett/John S. Horner/Julia Claggett
October 8, 1832
This Indenture made and entered into the 8th day of October 1832 between Samuel Ciaggett of the first part, John S. Homer of the second part and Julia Ciaggett wife of the aforesaid Samuel Ciaggett and formerly Julia Sanford formerly of the County of Prince Wm. and the said Samuel Ciaggett and Julia his wife now of the County of Fauquier State of Virginia.
Witnesseth: that whereas among other considerations the said Samuel Ciaggett and Julia Sanford entered into certain articles of marriage agreement signed and recorded in the County of Prince William before their intermarriage in the year 1827 by which agreement it was covenanted by and between the aforesaid Samuel Ciaggett and Julia Sanford a certain James Fewell being the trustee, that all the interest, title, claim and demand in law and equity of her the said Julia Sanford now Julia Ciaggett in and to the estate of her deceased father, Thomas Sanford of the County of Prince William as also all her the said Julia's interest, claim and demand in and to the estate of her deceased Brother Thomas Sanford should be settled upon and secured to her the said Julia and her heirs forever, free from the control, debts. forfeitures of the said Samuel Ciaggett then or to come; and whereas after the aforesaid marriage and at the sale of the estate of the aforesaid Thomas Sanford a certain negro girl by the name of Delilia, the property of the estate of the aforesaid Thomas Sanford the brother aforesaid was brought in by the said Samuel Ciaggett with the funds secured by the aforesaid recited articles of agreement.
To wit: by the distributive share in part of the aforesaid Julia in and to the estate of her deceased Brother Thomas: at the time of the aforesaid sale the Trustee to said articles substituted by an order of the County Court of Prince William.
To wit: James Hampton being then dead, which said negro girl Delilia being the proceeds of the said Julia's interest and distributive share in the estate of the said Thomas Sanford her deceased Brother in aforesaid and it being just and equitable that the said negro girl Delilia should be placed on the same ground as the fund which bought her, should she not already be in that condition to effect the same to all intents and purposes in the same manner and to the same intent and according to the provisions of the aforesaid recited articles recorded as aforesaid in the County Court of Prince William and referred to by this deed and for and in consideration of the sum of one dollar in hand paid by the said John S. Homer to the said Samuel Ciaggett, the receipt whereof the said Samuel Ciaggett hereby acknowledges, bargains and sells, aliens, transfers and conveys unto the said John S. Homer, all the right title, interest, claim and demand of him the said Samuel Ciaggett in and to the said negro girl Delilia in law and equity to have and to hold her the said negro girl Delilia and her future increase to him the said Homer and his heirs forever.
ln trust for the benefit of the aforesaid Julia Ciaggett formerly Julia Sanford and the heirs of her body begotten by her husband Samuel Ciaggett and in case of the death of the said Julia without issue living the said Samuel Ciaggett surviving, then the negro girl Delilia and her increase shall be the property of the said Samuel Ciaggett and his heirs forever.
And for a further consideration as moving the said Samuel Ciaggett in the premises, to wit: that the said Samuel Ciaggett soon after the intermarriage, with the said Julia sold and transferred a certain negro girl by the name of Jane, the proceeds of which sale was applied to the payment of the individual debts of the said Samuel. When it was agreed by and between the aforesaid Samuel and Julia that because of said last recited sale, the said Samuel Ciaggett would make over such interest in any that he might have in and to the said girl Delilia in lieu of the said negro Jane, solo for his befit as aforesaid. In testimony, whereof the parties to this deed, hereunto set their hands and seals, the day of year first above written.
The words "John S. Horner' between 2nd and 3rd lines interlined before signing, so also the word 'Horner" in last line on second page and also the words "John S. Homer" between 10 and 11 lines from bottom of 2nd page, the erasure of the I 7th line in 3rd page also the erasure of 7th and 8th line on 1st page.
Signed, sealed and delivered in presence of us
William B. Sinclair
Elizabeth A. Ciaggett
William W. Syles
Clerk's Office of Fauquier County Court, October 8th 1832.
This Indenture was acknowledged by Samuel Ciaggett and admitted to record.
Wm. H. Jennings, J.P.T.F.C.C.
Deed Book 33, Page 129