Powell Seperation Agreement KY  1807

Sarah & Charles Powell Seperation Agreement
Mercer County Kentucky Deed Book

Article of agreement entered into this 13th day of August 1807 between Charles Powell Senior of the county of Mercer of the one part and Jer. Briscoe of the county the other part witnesseth that whereas some unhappy differences has taken place between me Charles Powell and my wife Sarah Powell which is the cause of her seeking protection amongst her children and her neighbors and in order that our disputes may come to a final issue and all matters adjusted between us and believing it to be a duty I owe to my wife as she has equally with myself bore the heat of the day in procuring the title property we now possess which she has not only the right to claim from her services rendered but from her possessing a considerable part when she intermarried with me and as she is now far advanced in years and very infirm and wishing her welfare and also to manifest to the world my upright intentions and in order that she may be well provided for.

I covenant and agree and by those present do bind myself and heirs in the penal sum of six hundred pounds to deliver to Jeremiah Briscoe and to secure the same by a proper bill of sale five Negroes, to wit, Lid, a black woman 27 years old and Tony, Jeff, Jordain, and Mirah, children of said black woman except Tony,

also the one half of my stock of cattle, sheep and hogs and the whole of the kitchen furniture, twenty barrels of indian corn to be paid next fall. Also one roan mare and two yearling colts, each bridled with a stirrup cross? , also one feather bed which she now has in her possession, all and every species of the aforesaid property. I do bind myself to warrant to aforesaid Jeremiah Briscoe and his heirs and for and in consideration of the said property the said Briscoe doth bind himself in the penal sum of six hundred pounds to pay to Sarah Powell the lawful interest due yearly on the sum of one thousand dollars and the sum of ten dollars part of the principal and what ever shall remain of the principal at the death of Sarah Powell to be paid to any person or persons she may by will authorize to receive it in eighteen months after her death with lawful interest due therein and if it should so happen that the said Sarah Powell should fail to bequeath her money the above way, in that case, the aforesaid Jer. Briscoe is bound to pay the aforesaid sum to the heirs of Charles Powell Senior in an equal proportion and in the same time as above named and in order that this instrument of writing may be fully understood it is expressedly named and agreed by Charles Powell Senior and Sarah his wife that the money be paid in different payments to be made in the lifetime of the said Sarah Powell is for her benefit and to be paid to her and her only and no other person as long as she lives and afterwards in the manner above named and all receipts given by her and properly attested shall be credited but all frauds in said receipts liable to detection if any should happen. It is also understood by Charles Powell and Sarah Powell his wife that the sum be paid to the Sarah Powell by the aforesaid Jeremiah Briscoe in constituted of all her dower and as full compensation from Charles Powell to his wife Sarah Powell and she does release the said Powell from every obligation he is under to her as a husband. In witness we have here unto set our hands and seals the date within.
Signed
Charles Powell Sr. Jeremiah Briscoe Sarah X Powell (her mark)
Test. Avery Dye } Fountery Dye } Robert Burton } mark

Note in margin of paper--Dec'd? to G. H. Briscoe Adm.? of Sarah Powell Dec'd
August 1834. Mercer County, Kentucky Deed Book 6, Pages 372-376
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Data Source
Contributed by: Fleta Aday" .powell@cswnet.com