File submitted for USGenWeb/MOGenWeb Lincoln County page by Michael Parker, Elsberry MO,  4 August 1998.

Deed of Separation between
Jessse Cropper and Martha Cropper his wife
Recorder of Deeds, Lincoln Co. MO Deeds, Bk. N, p. 591, Deed of Separation.
Transcribed by Michael E. Parker, great-great-grandson of Jesse and Martha Cropper.

Deed of Separation between Jesse Cropper and Martha Cropper his wife.

This Indenture made this thirtieth day of March in the year 1858 between Jesse Cropper and Martha Cropper witnesseth. That whereas the said Jesse Cropper and Martha Cropper his wife have mutually agreed in consequence of various unhappy differences which have occurred of late between them to live separately and apart from each other during the remainder of their lives. And whereas the said Jesse hath agreed to settle upon his said wife in absolute estate to be held by her in fee simple free from his control and restraint one half of his property both real and personal out of which she may realize a maintenance and support.

Now this Indenture witnesseth, that in pursuance of the said first agreement herein before mentioned by and between the said Jesse and Martha his wife, he the said Jesse for himself his heirs, executors and administrators doth hereby covenant, promise and agree with and to the said Martha that it should be lawful for her the said Martha and that he will permit and suffer her at all times hereafter to live separate and apart from him the said Jesse and to go and reside at such place as she the said Martha notwithstanding her coventure may desire wholly free and discharged from all power, authority, government and restraint of him the said husband in like manner in all respects as if she were a feme sole. And the said Jesse for and in consideration of the above agreement and of the further consideration hereinafter mentioned and specified, hath granted, bargained and sold and by these presents doth grant, bargain and sell and convey unto her the said Martha her heirs and assigns forever the following described Real estate situate in Lincoln County, State of Missouri to wit: The North East qr. of section No. 21, Township No. 49 R 2 W of the 5th P. M.___ And the N. W. qr. of the N. W. qr. of sec. No. 22 T. 49 R. 2 West and the South West fourth of the N. W. qr. of sec. No. 16 T. 49 R. 2 W. and the S. E. fourth of the N. W. 1/4 of S. 16 T. 49 R 2 W. and the N. W. 1/4 of the S. E. 1/4 of Sec. 21 T. 49 R. 2 W. and the S. W. 1/4 of the N. W. 1/4 of Sec. 22 T. 49 R 2 W. and the S. E. 1/4 of the S. E. 1/4 of Sec. 16 T. 49 R. 2 W. To have and to hold unto her the said Martha her heirs and assigns forever free from all the Claims, right, title or interest of the said Jesse and free from the marital rights of the said Jesse and to be held and enjoyed by her in full right separate and apart from her said husband as fully as if she were a feme sole. Also One Negro man slave named John about 21 years of age, also one slave named Maria aged about 18 years and the following personal property one light brown horse named Jack, one dun mare named Sal, one two horse wagon, one yoke small cattle 7 years old, one brown steer points of horns broken, one white steer with red neck, one red steer (with) white heart in face, one red bull, one red bull 2 years old, one speckled cow 4 years old, one red and white cow with young calf, one old bell cow, one red and white heifer, bobtail, one red heifer, one red and white heifer with 4 white feet, one speckled heifer red sides and white back, one bull yearling, brown, white belly and one white calf red ears, also one half of the stock of hogs now on hand, also one half of the sheep now on hand, and one half of all the other remaining personal property, bonds and notes the same to be collected by her in her own right now on hand to have and to hold the same to her own separate use free from the control of him the said Jesse, in as full right as if she were a feme sole, and to exercise the same control thereof together with all the income thereof, and all the property which she the said Martha may hereafter possess and I hereby authorize her the said Martha to sue for and recover all debts and property belonging to her in her own name and to give receipts and acquittances therefore free from all the rights of the said husband to vest in her fully to all intents and purpose as if she the said Martha were a feme sole . And the said Martha in consideration of the aforesaid agreement and of the further consideration of the conveyance aforesaid to her made by the said Jesse hereby releases to him the said Jesse all her right, title and interest of and to the balance of the real estate and personal property not herein mentioned to the said Jesse belonging and more especially does she hereby release all her dower right in and to the following real estate to wit; The (S.E. qr. of the N.E. qr. of Sec. No. 27 T. 49 R 2 W., and the N.W. qr. of the S.W. qr. of Sec. 26 T. 49 R. 2 W., and the N. 1/2 of the S.E. qr. of Sec. No. 27 T. 49 R 2 West, and the west half of the N.E. qr. of Sec. 27 T. 49 R. 2 W. and the = W 1/2 of the N.E. qr. of Sec. No. 27 T. 49 R. 2 W. and the W. 1/2 of the N.E. qr. of S.E. qr. of Sec. 22 T. 48 R. 2 West and the W 1/2 of the S.W. qr. of Sec. 22 T. 49 R. 2 W.   And also all her right to the Negro slave named Susan, also all the other horses and cattle not herein conveyed to the said Martha, also to one half of the hogs and sheep and all the other personal property to the same belonging to all of which she the said Martha does by these presents release all her right, title and interest and claim for the consideration aforesaid and especially her right of dower in the lands last mentioned does she release to the said Jesse and the said parties doth hereby agree that each shall enjoy the property to them conveyed and released free and separate from the marital rights of the other and to have full power to dispose of the same without the consent of the other as fully to all intents and purposes as if no marriage existed between the said parties. And it is further agreed between said parties that the said Martha have the entire care, custody and control of all the infant children free from interference or restraint of the said Jesse in any respect whatever. And it is also agreed by and between the said parties that the said Martha support and maintain said children without any charge on the said Jesse therefore. And the said Jesse and the said Martha do hereby bind themselves in the penalty of one thousand dollars that they will never interfere with the rights or possessions or enjoyment of the property to each other conveyed by these presents, but that each of them shall use and enjoy the property to them released and conveyed free in all respects from the control of the other, and in event either one interferes with the possessions of the other or causes the same to be done by any one or suffers the same to be done in their name or by their authority they will forfeit and pay to the other the penalty of one thousand dollars as liquidated damages for which they may either of them sue for and recover in their own name.

In testimony whereof we the said contracting parties have hereunto set our hands and affixed our seal this the day and date first above written.


Jesse B. Cropper seal
Test F. C. Clark

her

Martha x Cropper seal

mark

State of Missouri
ss
County of Lincoln
Be it remembered, that Jesse B. Cropper and Martha Cropper his wife, who are personally know(n) to the undersigned, Clerk of the County Court of said County, to be the persons whose names are subscribed to the foregoing deed of Separation, as parties thereto, this day appeared before me, and acknowledged that they executed and delivered the same, as their voluntary act and deed, for the uses and purposes therein contained. And the said Martha, on an examination, acknowledged that she executed the same, and relinquishes her dower in the real estate therein conveyed to her said husband, freely and voluntarily for the uses and purposes therein set forth.

In witness whereof, I, Francis C. Cake, Clerk as
aforesaid, have hereunto
Seal set my hand and seal of Office, at Office in Troy,
this 30th day of March A.
D. 1858.


F. C. Cake Clerk

In the foregoing instrument of writing are erasures marked thus = and interlineations thus

Filed for Record April 9th 1858

Alexander W. Martin Recorder

File submitted for USGenWeb/MOGenWeb Lincoln County page by Michael Parker, Elsberry MO,  4 August 1998.

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