Indenture, Mason Cole, Harriet Duke, and Samuel Duke
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Richland District, SC, Miscellaneous Records, Volume C, page 442-445

" South Carolina. This Indenture made on the Sixth day of October in the year of our Lord one thousand eight hundred and seventeen between Mason G. Cole of the first part, Hariet Duke of the second part and Samuel Duke of the third part. Whereas a marriage is shortly intended to be had and solemnized by and between the Said Mason G. Cole and Hariet Duke: And whereas the Said Harriet Duke is possessed of a considerable personal Estate consisting of Four negro Slaves, towit, a woman slave Luce and her two children Linder and Charlotte also a woman Slave Hannah and it hath been agreed that after the Said intended marriage had the Said Mason G. Cole and the Said Hariet Duke shall receive and enjoy during their joint lives the interest profits and services of the Said personal Estate for their joint use; but that the same and the profits thereof after the death of either of them shall be subject to the limitations herein after Mentioned Now this Indenture witnesseth that in pursuance of the before recited agreement and in consideration of the intended marriage and also in consideration of one dollar to the Said Mason G. Cole and Hariet Duke in hand paid by the Said Samuel Duke, the receipt whereof is hereby acknowledged she the Said Hariet Duke by and with the privity and consent and agreement of the Said Mason G. Cole testified by his being being made a party to and his signing sealing and delivering of these presents Hath granted, bargained Sold assigned and by these presents doth grant bargain Sell assign and transfer unto the Said Samuel Duke his Executors administrators and assigns, all the said four Negro Slaves, together with their future issue and increase To have and to hold the Said four Negro Slaves with their future issue and increase unto the Said Samuel Duke his Executors, administrators and assigns forever: To Such uses and purposes keep Trusts and for such interests and purposes as are hereinafter mentioned of and concurring the same, that is to say In Trust to and for the joint use and behoof the Said Mason G. Cole and the said Hariet Duke (after the said intended marriage had) during their joint Lives and to permit the Said Mason G. Cole and Hariet Duke during their joint Lives to have receive use and enjoy the profit and services of the Said four negro Slaves and their issue and increase without any Let or hindrance whatever. And from and in immediately after the death of either of them the Said Mason Cole or Hariet Duke then in Trust and to and for the use of the Survivor during his or her natural life and during that period to permit and suffer such survivor to have the actual possession and free use profit and services of the Said four negro Slaves and their future issue and increases without any obstruction Let or hindrance whatever. And from and immediately after the death of such Survivor then in Trust and to and for the Heirs of the Bodies of them the Said Mason G. Cole and Hariet duke, who shall be living at the death of such survivor forever, to be equally divided between them if more than one, and if but one, to that one forever. Provided always that if any such heir of the bodies of them the Said Mason G. Cole and Hariet Duke shall die in the lifetime of them the Said Mason G. Cole and Hariet Duke or either of them leaving issue alive at the time of their death such issue shall take among them the share to what their deceased parent would have been entitled But if the Said Mason G. Cole and Hariet Duke shall die without leaving any such Issue of their bodies alive at the time of the death of the Survivor of them then on the further Trust to hold the Said four Negros Slaves with their future issue and increase subject to such appointment by deed or will executed in the presence of two credible witnesses the Said Survivor of these the Said Mason G. Cole and Hariet Duke shall make free and discharged from all other and further Trusts whatever; but indefault of such appointment by Deed or Will and in Case the Survivor of them the Said Mason G. Cole and Hariet Duke shall again Marry and have issue (there being no issue of the first marriage living) then on the further Trust to permit such issue on the death of the such survivor to have hold and possess the Said Slaves forever and their issue increase. And in case of no such issue then to the right heirs of the Said Survivor of Them the said Mason G Cole and Hariet Duke forever. In witness whereof the parties to these presents have hereunto interchangeably set their hands and affixed their Seals.
(signed) Mason G. Cole (seal)
(signed) Harriet Duke (seal)
(signed) Samuel Duke (seal)

Signed Sealed and delivered in our presence and erasure having been first made in the thirteenth line from the last
(signed) Daniel Perry
(signed) Elizabeth Donnavan

South Carolina Richland District} Personally appeared before me the within named Eliza Donnavan and after being duly sworn saith that she was present and saw the within named Mason G. Cole Hariet duke and Samuel Duke Sign Seal and acknowledge the within Instrument of writing for the uses and purposes therein mentioned and that she with Daniel Perry witnessed the due execution thereof
(signed) Eliza Donavan

Sworn to before me Nov'r 3rd 1817
Spencer Jellan Notary Public
Recorded Nov 12th 1817 "

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