Marriage Settlement for John Wayles Eppes
This indenture made on the 12th. day of October1 one thousand seven hundred and ninety seven between Francis Eppes and Elizabeth his wife on the first part, John Wayles Eppes their son on the second part, all of the county of Chesterfield, Thomas Jefferson on the third part and Mary Jefferson daughter of the said Thomas on the fourth part, witnesseth that Whereas the said Francis, being seised in feesimple in his own right of a certain tract of land at Bermuda hundred on the South side of James river in the county of Chesterfeild containing by estimation 750. acres and one other tract in Martin’s swamp2 adjoining to the lands of David Meade Randolph,3 containing by estimation one hundred and thirty one4 acres, in consideration of the natural love which he bore to his said son John Wayles Eppes, did, by deed indented, proved and recorded bearing date on the day of April5 one thousand seven hundred and convey the same to him in feesimple, and thereof delivered possession;6 and a marriage being now intended shortly to be had between the said John Wayles Eppes and the said Mary Jefferson, and the said Thomas7 from natural love for his said daughter and for her advancement8 and in consideration of the said marriage and of the advancement so heretofore made and by these presents confirmed on the part of the said Francis and Elizabeth his wife to the said John Wayles, hath conveyed or undertaken to convey before the said marriage to the said Mary in fee-simple a certain tract of land in the county of Albemarle on the North East side of the Rivanna river, called Pantops, containing by estimation9 eight hundred and nineteen acres and one quarter;10 heretofore the property of the Smiths, of which said tract the said Thomas is seised in feesimple, as also thirty one11 slaves, with certain stock of horses cattle and hogs, and certain plantation utensils specified or to be specified in the said conveyance, and it being the desire of the parties interested, for their greater security, that the said John Wayles Eppes shall again convey the said lands at Bermuda Hundred and Martin’s swamp12 to the said Francis, in order that the said Francis and Elizabeth may reconvey the same to him in feesimple on more valuable, valid,13 and beneficial considerations Now therefore this indenture witnesseth that the said John Wayles Eppes for the purpose aforesaid, and in consideration of the sum of five shillings to him in hand paid by the said Francis, hath given granted bargained and sold unto the said Francis the said tract of lands before described at Bermuda Hundred and Martin’s swamp with their14 appurtenances: To have and to hold the same to him and his heirs, for the sole use and purpose before expressed: And that the said Francis and Elizabeth his wife for the natural love they bear to the said John Wayles Eppes and his more certain15 advancement, and in consideration of the marriage aforesaid and of the advancement given or to be given as aforesaid before the marriage by the said Thomas to the said Mary his daughter, and of the sum of five shillings to them the said Francis and Elizabeth in hand paid, do give grant bargain and sell to the said John Wayles Eppes the same tracts16 of land at Bermuda Hundred and Martin’s swamp before described with their appurtenances: To have and to hold the said tracts of land with it’s appurtenances to him the said John Wayles Eppes and his heirs free of all incumbrances. In witness whereof the said Francis and Elizabeth his wife and the said John Wayles have hereto set their hands and seals on the day and year first beforementioned.17
Signed sealed and delivered in presence of18 (the interlineations here noted)
PrC (ViU: Edgehill-Randolph Papers); entirely in TJ’s hand; indented; with blanks filled and signatures supplied by TJ in ink (see notes 1, 4, 5, 11, and 18 below), except for one day of month and year which remain as blanks; other emendations by TJ in ink as noted below (see notes 2, 10, 12, 14, and 16). Dft (CSmH); partially dated, with blanks for day and month; lacks emendations in ink in PrC; with numerous emendations, the most important of which are noted below. Enclosed in TJ to Francis Eppes, 24 Sep. 1797.
1. Preceding day and month entered in ink by TJ.
2. Preceding twelve words interlined in ink by TJ.
3. Preceding eight words interlined in Dft.
4. Preceding five words entered in ink by TJ.
5. Preceding word entered in ink by TJ. It appears as a dash in Dft.
6. Preceding four words interlined in Dft.
7. Word interlined.
8. Preceding four words interlined in Dft.
9. Preceding two words interlined in Dft.
10. Preceding two words interlined in ink in place of “one half.” Dft: “1/2.”
11. Preceding two words entered in ink by TJ.
12. Preceding three words interlined in ink by TJ here and the two subsequent times they appear in the text.
13. Word interlined in Dft.
14. Word overwritten in ink by TJ replacing “it’s” here and when it appears later in the same context.
15. In Dft preceding two words interlined in place of “further.”
16. TJ added “s” in ink to this word at this point and again when it appears later in sentence.
17. Dft ends here.
18. Remainder of document completed in ink by TJ.