ARTICLES OF AGREEMENT indented and made this twenty fifth Day of May
1789 BETWEEN Benjamin Goodrich of the County of Greensville of the one
part and Tabitha Hicks of the County of Brunswick of the other part
Witness whereas a marriage is intended to be had and solemnized between
the said Benjamin Goodrich of the one part and the said Tabitha Hicks of
the other part it is in consideration thereof covenanted bargained and
agreed between the said parties to these presents in manner and form
following that is to say, that said Tabitha Hicks doth covenant bargain
and agree to and with the said Benjamin Goodrich that the said Benjamin
shall stand seized and possessed of and in one hundred and two acres of
land situate lying and being in the County of Brunswick it being one
half of a tract of land conveyed by Robert Hicks to Mary Hicks and
Tabitha Hicks which may more full appear reference being had to the said
deed and two Negroes (to wit) a Negroe wench named Hannah about
seventeen years old and a Negroe boy named Ben about sixteen years old
during his natural life together with four head of cattle two head of
horses two ewes and lambs two beds and furniture one pine chest one pine
press, one side saddle and bridle two potts one dutch oven one frying
pan four rush bottom chairs one linnen and one woolen wheel (in trust
for and to the in uses and purposes hereafter mentioned), to the joint
use of the said Benjamin during his intermarriage with the said Tabitha
and after the death of either of them then to the use of the survivor so
that if the said Tabitha should be the longest liver then she shall be
seized and possessed of the said land and slaves, goods chattels and
personal estate in the same manner as if the said intended marriage had
never taken affect. But shall not be entitled to any part of the estate
of the said Benjamin within he the said Benjamin shall think proper to
give any to her the said Tabitha in his Will provided always and it is
the true intent and meaning of these presents and each of them do
covenant and agree that if the said Benjamin shall survive the said
Tabitha and shall have one child by the said Tabitha that then the said
Benjamin shall have full power and authority to give or devise all the
said estate to such child and of the said Benjamin shall survive the
said Tabitha and have more than one child by the said Tabitha then the
said Benjamin shall have full power and authority to give and devise to
such children the said estate in any proportion he shall think proper,
provided also and it is the true intent and meaning of these presents,
and the said parties do covenant bargain and agree that if the said
Benjamin shall die before the said Tabitha and the said Tabitha should
not have had issue, in such case the said Tabitha shall have full power
and authority to dispose of the said land, slaves and personal estate to
any person or persons whatsoever as she shall or may think proper and
the said Tabitha doth covenant and agree that her having the liberty
shall be a sufficient bar against her having any right or title to her
dower or any part or parcel of the estate of the said Benjamin. In
Witness whereof the said parties do these presents hath set their hands
and affixes their seals the day and year above mention. Signed by
Benjamin Goodrich and Tabitha Hicks and witnessed by Robert Rivers,
William Atkison, John Bass. Brunswick County Court the 25th Day of May
1789. This Instrument of Writing was proved by the oaths of Robert
Rivers, William Atkison and John Bass, the witnesses thereto and ordered
to be recorded.
Deed Book 14, page 485, Brunswick County,
Virginia
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