INDENTURE
BETWEEN EMILY F WESTON AND WILLIAM ST JULIEN MAZYCK
Including
Hagley and Weehawka Plantations
August
15 1864
[South Carolina,
Georgetown County, Register of Deeds, Deed Book A p. 166
Transcribed by Janet
Wright from Microfilm April 2004]
Emily F. Weston
To
William St.J. Mazyck
Conveyance of
Real & Personal
Estate
The
State of South Carolina
This Indenture made and
entered into this Fifteenth day
of August in the year of our Lord one thousand eight hundred and
Sixty-four Between Emily Frances Weston of the District of
Georgetown and State aforesaid, widow of Plowden C. J. Weston of the
same District of the First Part, and William St. Julien Mazyck of
Charleston in the State aforesaid of the Second Part.
Witnesseth: That whereas
the said Plowden C.J. Weston died seized and possessed of the property
and estate real and personal hereinafter described and conveyed and by
his last will and testament duly executed and admitted to probate before
the ordinary of Georgetown District did devise and bequeath the said
property hereinafter described and conveyed to the said Emily Frances
Westin absolutely; and whereas it was the express wish and desire
of the said Plowden C.J. Weston that if the said Emily Frances Weston,
who is a Citizen of England but a Denizen of the State of South Carolina
and intitled by the laws of the said State to hold and possess real and
personal estate, should return to her native Country she should give and
convey the property herinafter described and conveyed to the said
William St. Julien Mazyck upon such terms and conditions as she should
deem most advisable in order to secure the proper care and attention to
the said property; and whereas the said Emily Frances Weston is
about to return to England and is minded to carry out the wishes of her
said husband and to convey the said property to the said William St
Julien Mazyck absolutely but charged with the payment of a certain
annuity to her during her life as hereinafter described and expressed Now
Know all men by these Presents that I Emily Frances Weston in
consideration of the premises and also for
167
and in consideration of
the covenants and agreements by the said William St. Julien Mazyck
hereinafter made and entered into, and in the further consideration of
the Sum of Five Dollars to the said Emily Frances Weston by the said
William St. Julien Mazyck paid at and before the sealing and delivery of
these Presents, the receipt whereof is hereby acknowledged, have
granted, bargained, sold, and released and by these Presents I grant
bargain sell and release unto the said William St. Julien Mazyck All
that Plantation or Tract of land Situate lying and being in the District
of Georgetown and State aforesaid called “Hagley” measuring and
containing about two hundred and fifty five (255) acres of high land
having such shape form dimensions and boundaries as are delineated on a
plan of the said plantation made by J. Benjamin Johnson dated the sixth
day of December A. D. 1837.
Also the Lot of land with the buildings thereon known as number
one (1) of Sea Shore land formerly belonging to the Estate of Miss W.
Butler(?) and conveyed to Francis W. Weston by the Commission in Equity
for Georgetown District by Deed dated twenty fourth of April A.D. 1837;
which said Plantation and Lot of land were conveyed to the said Plowden
C. J. Weston by James W. Gray Master In Equity for Charleston District
by Deed dated the thirteenth day of March A. D. 1856(?) and recorded in
the Office of Register of Mesne Conveyances Georgetown District in Book
Q page 146; Also all that Plantation or Tract of land known as
“Weehawka” Situate lying and being on both sides of Waccamaw River,
that portion on the East side being in the Parish of All Saints, and
that portion on the West side being in the Parish of Prince George
Winyaw, both in Georgetown District in the State aforesaid; the western
portion known as Waccamaw Island measuring and containing one hundred
and thirty seven (137) Acres more or less of tide swamp land under
cultivation and Butting and Bounding to the North on a canal which
divides it from a portion of True Blue a plantation belonging to the
Estate of Francis W. Weston
168
to the East on Waccamaw
River and to the Southwest and West on Glens Thoroughfare which divides
it on the South from Hagley plantation hereinafter described and
conveyed, and west from Pee Dee Island the property of the Estate of
Francis W. Weston; and the Eastern portion of the said plantation,
Measuring and containing Five hundred and fifty-five and a quarter (555
1/4) acres more or less of high land and swamp Butting and Bounding to
the North on the said True Blue plantation to the East on land now or
formerly of the Estate of Tate, to the South on Hagley Plantation
aforesaid and to the West on Waccamaw River, and has such shape form
dimensions and boundaries as are delineated in a Plat thereof made by
Edward B. White Surveyor in March 1840; which plantation was conveyed to
the said Plowden C. J. Weston by Thomas Pinckney Alston by deed dated
the thirtieth of December A.D. 1858 and recorded in Mesne Conveyances
Office Georgetown in Book Q p. 447.
Also all that Lot parcel or Tract of land situate lying and being
on Pawleys Island in the Parish of All Saints in the State aforesaid and
bounded to the South West and North West by land formerly of Peter W.
Fraser, to the North East by a Street Thirty three (33) feet in width
and by Robert F. W. Allstons line, and to the South-East by the Atlantic
Ocean; measuring and containing Five and a half (5 1/2) Acres according
to Survey thereof made by Benjamin Solomon Deputy Surveyor on the
fifteenth of August A.D. 1844 and hath such marks forms and boundaries
as are represented in a Plat of said Survey which is attached to a
conveyance of the said Lot of land by Peter W. Fraser and Mary A. Fraser
his wife to the said Plowden C.J. Weston dated the thirteenth of May A.
D.1844 and recorded in the Mesne Conveyance Office in Georgetown in Book
W. page 341; and which Lot of land is now called “Weston Zeeland”
Also all that Lot piece or parcel of land with the buildings
thereon situate lying and bieng on Pawleys Island in the District of
Georgetown and State aforesaid known as “The Birds Nest” measuring
and containing Fifteen (15) Acres more or less and Butting and Bounding
to the West and South West on a Salt Creek to the South and South East
on Butler Inlet dividing[?]
169
Pawleys from Butler’s
Island to the East on the Atlantic Ocean and to the North on a Lot now
or formerly of Chancellor B. F. Dunkin; conveyed to the said Plowden C.
J. Weston by Thomas Pinckney Alston by Deed dated the fifteenth of
January A. D. 1859 and recorded in Mesne Conveyance Office Georgetown in
Book Q page 467. Also a Pew
in the upper Church of the Parish of All Saints in the District of
Georgetown and State aforesaid known and distinguished by the number
Eleven (11) and also a Bench in the Gallery of the said Church with a
number corresponding to the number of the said Pew, conveyed to the said
Plowden C.J. Weston by the vestry and Wardens of the Episcopal Church of
All Saints Parish by Deed dated the twelfth day of April A.D. 1847.
Together with all and singular the Rights Members hereditaments
and appurtenances to the said several plantations Lots of Land Pew and
premises belonging or in any[---] incident or appurtaining.
To Have and to Hold the said Premises with their hereditament
privileges and appurtenances unto the said William St. Julien Mazyck his
heirs and assigns, to his and their only proper use benefit and behalf
for ever; Also the following negro slaves named Antony, Tenah,
Willoughby, Hannah, Martha, Samuel, Baby, Little Anthony, Abraham, Abel,
August, Betsey, Ben, Cain, Clarinda, Carolina, George, Quacco, Willard,
Quashaba, Baby, Cato, Mary, Simon, Daniel, Mary. Dick, Fatima, Flander,
Cicely, Baby, James, Frank, Chloe, Sandy, Napoleon, Molly, John, S.
John, Rose, Delia; Agrippa, Charles, Johnno, Dolly, H. Johnny, Lavinia,
T.U. Johnny, Rachael, Milley,
Richard, Jack, Cretia, Baby, W. Johnny, Sal, Peter, March, Ted, Judy,
Jack, Neptune, Poonah, Pemba, Echo, Quacco, Patience, Juba, Blanche,
Joshua, C. Quacco, Mousiah,
Pompey, Simmon, Martha, Kit, Ellen, Israel, Mildred, Mary, Maria, Titus,
Nancy, Sylvia, Cilla, Yanica, Hannah, Philip, Tom, Nancy, Becky, Baby,
Frank, Kate, Susannah, George, Baby, Pochahontas, Toney, Yambo, Will,
Cumsee, Abraham, Dido,
William, Jim, Rachael, Amy, Amelia, Noah, Hariett, Bess, Cornelia,
Elizabeth, Hagar, Dic, Baby. Hannah, Laura, Phoebe, Lucretia, Elvira,
Fraser, Silvy, Venus, Sancho, Lonny, Lucy, Lucinda, Prince, Baby,
Melissa, Nelson, Lucky, Abraham, Baby,
170
Jemmye[?], Fanny,
Frank, Sarah, Jenny, Ben, Gabriel, Peter, Josiah, Julian, Lido,
Elizabeth, Alick, Morris, Jimmy, Hector, Renty, Prince, Ceasar, Gabriel,
Jack, Agrippa, Rachael, Dolly, Josephine, Phillis, Selina, Mary,
Susannah, Billy, Betty, Cudjoe, Friday, Clarinda, Joshua, Caroline, Big
Joe, Napoleon, Charity, Joe, Hariett, Baby, Adam’s Tenah, A.T. Nancy,
Sibby, Jeremiah, Madison, Baby, Jacky’s Rachael, Nelly, Hagar,
Gilberts Nancy, Sara, Baby, one hundred and eighty-seven (187) in
number; [the twenty-five last named of which said Slaves the Said Emily
Frances Weston has in her answer to a Bill filed in the Court of Equity
for Charleston District by Alexander Glennie, Daniel Ravanel, and
Alexander Mazyck Summing Execution of Francis M. Weston deceased
proposed to exchange for twenty-four (24) slaves the property of the
Said Estate of Francis M. Weston which said exchange She desires shall
be carried out and the said Slaves of the Estate of Francis M. Weston
conveyed and delivered to the said William St. Julien Mazyck in exchange
for the said twenty-five (25) slaves hereinbefor last named to be by the
said William St Julien Mazyck conveyed and delivered to the said
Executors of the said Francis M Weston.]
Also all the Stock, Cattle, Horses, Mules boat, flats, wagons,
plantation interests and other personalty appurtenant to “Hagley”
and “Weehawka”; also all Silver, plate, furniture, glass crockery
and other personal property at or belonging to and appurtenant to Hagley,
except the Library (which at the request of the said Plowden C.J. Weston
has been given by the said Emily Frances Weston to their friend Charles
Richardson Miles Esquire). Also
the sum of Thirty two thousand (32,000) Dollars raised by the said Emily
Frances Weston to pay the bond of Plowden C.J. Weston to James W. Gray,
Master in Equity and which sum has been invested in the Four per cent
call loan of the Confederate States.
To have and to hold the above named negro Slaves with their issue
and increase of the females, and also the here enumerated articles of
personalty and the above mentioned articles of personalty and the above
mentioned sum of Thirty two thousand (32,000) Dollars so invested
171
as aforesaid; to the
only proper use of the said William St Julien Mazyck his executors
administrators and assigns. The
said property real and personal hereinbefore conveyed to be upon and
subject to the following conditions and charges, that is to say, That
the said William St. Julien Mazyck his heirs executors administrators
and assigns will well and truly pay or cause to be paid the said Bond of
the said Plowden C.J. Weston to James W. Gray the Master in Equity for
Charleston District: secured
by a Mortgage of the plantation of “Hagley” and one hundred and
sixty (160) negroes; and shall and will at all times well and truly
indemnify and save harmless the Estate of the said Plowden C.J. Weston
and the said Emily Frances Weston her heirs executors and administrators
from all liability for on account of the said Bond and Mortgage; and
that the said William St. Julien Mazyck his heirs executors
administrators and assigns shall and will well and truly pay or cause to
be paid to the said Emily Frances Weston her Agent or Attorney the
annual sum of Four hundred and twenty (420) Pounds Sterling during her
life in semi-annual payments upon the first day of January and July in
each and every year. And the
said William St. Julien Mazyck for himself his heirs executors
administrators and assigns for and in consideration of the conveyance of
the property real and personal hereinbefore conveyed to him doth
covenant and agree with the said Emily Frances Weston her executors
administrators and assigns that he and they will well and truly pay and
cause to be paid the said Bond of Plowden C.J. Weston to James W. Gray
Master in Equity, secured by the Mortgage of Hagley and one hundred and
sixty (160) Negroes: and will apply the said sum of Thirty two thousand
(32,000) Dollars so invested in the Four per cent call loans of the
Confederate States as aforesaid to the payment of the said Bond; and
will at all times well and truly indemnify and save harmless the estate
of the said Plowden C.J. Weston and her the said Emily Frances Weston
her heirs executors and administrators from all liability for or on
account of the said Bond and Mortgage, and
172
also from all or any
debt liability charge incumbrance or accountability whatsoever for on
account of any or all of the property real or personal hereinbefore
conveyed to him. And also
that he the said William St. Julien Mazyck his heirs executors
administrators and assigns shall and will truly pay or cause to be paid
to the said Emily Frances Weston her Agent or Attorney during her life
the annual sum of Four hundred and twenty pounds sterling (£
420) in Semi-annual payments upon the first day of January and the first
day of July in each and every year during the life of the said Emily
Frances Weston.
And it is hereby
further covenanted stipulated and agreed by and between the said
parties to these Presents, that the said William St Julien Mazyck his
heirs executors administrators and assigns shall and may at all times
hereafter have the right and privilege of substituting in place of the
annuity hereinbefore charged upon the property herinbefore conveyed,
such sum or sums which if invested in the public funds and securities of
great Britain or at interest upon Government or real securities in
England shall yield and produce a like annuity of Four hundred and
twenty pounds Sterling (£420) during
the life of the said Emily Frances Weston: and upon the payment to and
the acceptance by the said Emily Frances Weston of the said sum or sums
of money, the amount of which shall be determined as aforesaid, the
property real and personal herinbefore described and conveyed shall be
freed and discharged from the said charge hereinbefore made upon the
same for the payment of the said annuity of Four hundred and twenty
pounds sterling (£420) to the said
Emily Frances Weston and from all liability and accountability for or on
account of the same: and the said Emily Frances Weston for herself her
executors administrators and assigns doth covenant and agree that she
and they will upon the payment and receipt of the sum or sums
hereinbefore last provided for well and truly execute and deliver such
Deed or Deeds as shall be necessary to release all and singular
173
the lands and premises
hereinbefore conveyed from all charges and incumbrances for on account
of the said annuity.
In Witness whereof the
said parties have herunto set their Hands and Seals the day and year
first above written.
Signed Sealed &
Delivered
(sgd) Emily F. Weston [seal]
in the presence of
Alexr Glennie
W. Clement D. Esdaile
The State of South
Carolina
Personally appeared
before me Alex. Glennie and made oath that he saw Emily Frances Weston
sign seal and as her hact and deed deliver the foregoing Deed and that
he with W. Clement D. Esdaile witnessed the execution thereof.
Sworn to before me this
15th day of
August AD 1864
(sgd) Alex. Glennie
Ch. Richardson Miles
Not. Pub. & ex off.
Magistrate
Examined and certified
this 29th day of August 1864
Paul Tampley[?]
Reg. M. Conveyance
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