From the University of Maryland Archives I obtained a photocopy of the prenuptial agreement between
John Hepburn, Sr. and Mary Chew. A scanned copy of the document appears below, followed by a
verbatim transcription.
The copies are stamped with this information:
Archives & Manuscripts Dept
McKeldin Library
University of Maryland
College Park, MD 20748
The material reproducved in this
copy may be protected by copyright.
This copy is made for personal use
only and may not be reproduced.
I have reproduced it nonetheless, although the scanned image is not readable. In fact, the "original"
copies in my possession are marginally readable. Under International Copyright Law as observed in
the United States, any copyright long expired. The signatories to and scribe of this document
penned in 1739, have long since died and the copyright has gone with them.. Additionally, there is
"Fair Use" for research and educational purposes, both of which this application fits. There is
no monetary gain on behalf of the Hepburn & O'Neill Family History Site from displaying the
copy of the document or the transcription. Wayne Hepburn, 28 Apr 2008
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Articles of Agreement Tripartite Indented had made concluded & agreed Between John Hepburn of Prince George's County
Mercht of the first Part. Mary Chew of Annarundell County Spinster of the second Part. Philip Thomas of
Annarundell County Gentleman of the Third Part as followeth Viz -
Whereas a Marriage is intended (by God's Grace) shortly to be had solemnizd between the said John Hepburn & Mary
Chew & that the sd Mary is possessd in her own Right of divers Slaves & other Chattels intentiond & (word?) in
a Schedule to these Presents annexd which Slaves & Chattels are agreed to be secured to & settled on the said Mary in
Manner & Form following - Viz ~ ~ ~
Imprimis - The sd John Hepburn for himself his Heirs Executors & Administrators doth covenant & agree to &
with the said Philip Thomas that He the said Philip Thomas & his Assigns shall be possessd of all & singular the Slaves &
other Chattels intentiond in the said Schedule in case the said intended Marriage shall take Effect & the said Mary for &
in consideration of five Shillings to her in hand paid by the said Philip Thomas hath bargaind so to made over & confirmd
by these Presents doth bargain sell make over & confirm unto the said Philip Thomas his Executors Administrators or
Assigns the said Slaves & other Chattels to the Uses Intent & purposes following Viz. That is to say in case the said
Mary shall survive the said John Hepburn & shall have no Issue by him that then & in such case the said Slaves with their
Issue & increase & other Chattels shall remain & be the sole absolute Property of the said Mary without limitation or
restriction and without being burthend or chargeable with the Payment of any debt or Debts which shall become due from
the said John Hepburn to any Person whatsoever ~ ~ ~ ~ ~ ~ ~
Item 2dly - It is mutually agreed by & between the said Parties that the said Slaves & other Chattels & the
Profit and Advantage arising from the use of them shall be subject & liable to the Payment & Satisfaction of a rateable
Part of any Debt or debts due & owing from Samuel Chew late of Annarundell County Gentleman deceased father of the said
Mary proportionable to the part of the Personal Estate of the said Samuel Chew which the said Mary has receivd from the
Representatives of the said Samuel any thing in these Presents to the contrary notwithstanding ~ ~ ~ ~ ~ ~ ~ ~
Item 3dly - It is mutually agreed by & between the said Parties that if the said Marriage shall take effect
that the said John Hepburn shall have the Use Profit & advantage of the said Slaves & other Chattels subject & liable
however as aforesaid that in case of the Death of the said Slaves or any of them or the loss of any of the said Chattels
by any Accident or any of them being reduced of loss be alive than they now are by the Use of them that the said John
Hepburn his Heirs Executors or Administrators shall not be obliged to make good any such Loss or any Slave that shall
happen to die anything in these Presents containd to the contrary notwithstanding ~ ~ ~ ~ ~ ~ ~
Item 4thly - It is mutually covenanted & agreed by & between all the said Parties that in case the said Mary
shall survive the said John Hepburn & shall have only one Child living by the said John Hepburn that the several Salves &
other Chattels hereinbeforementiond & (word?) in the annexd Schedule shall be equally divided between the said Mary &
such Child & also the whole clear Personal Estate of the said John Hepburn forever together with all his Lands during her
Life shall be divided in like Manner between the said Mary & such Child as shall be living at the time of the death of
the said John Hepburn & that in case there shall be two or more Children of the said intended Marriage living at the Time
of the said John Hepburn's Death that then & in such case that the said Mary shall have only one third of the said Slaves
& other Chattels that the other two thirds (the whole being equally & justly divided into three parts) shall be deemd the
Property & equally divided between or among such Children at the decease of the said Mary That in case the said John
Hepburn shall survive the said Mary his intended Wife that then & in that case these Presents shall be absolutely void &
of non Effect & the said Slaves & other Chattels shall be the absolute Right & Property of the said John Hepburn anything
in these present Articles to the contrary notwithstanding
~ ~ ~ ~ ~ ~ ~
Item 5thly - The said John Hepburn for himself his Heirs Executors & Administrators doth covenant & agree to &
with the said Philip Thomas his Executors & Administrators & the said Mary his intended Wife that if the said Marriage
shall take Effect & his said intended Wife shall survive him that she shall be intitled to one third part of his Personal
Estate & to her Dower in all or any of his Lands & tenements as fully as she would be if these present Articles had never
been made or executed any thing in the said Articles containd to the contrary notwithstanding ~ ~ ~ ~ ~ ~ ~
Item 6thly - It is the true Intent & Meaning of these Presents & mutually covenanted & agreed upon by &
between all the said Parties that it shall & may be lawful for the said Mary at any time hereafter with the Consent &
Approbation of the said Philip Thomas by writing under his hand witnessd by two creditable Witnesses at the least to
revoke & make null & void these present Articles ---- In testimony whereof the said Parties have to these Articles set
their hands & seals this Eighth day of February in the year of our Lord Seventeen hundred thirty nine ~ ~ ~ ~ ~ ~ ~
Signed Sealed & deliverd
in Presence of us
Benj Johns Joh Hepburn (LS)
John Hennings(?) Mary Chew (LS)
Margaret Thomas P Thomas (LS)
William Thomas
(LS) Locus Sigili meaning "place of the seal" in contract law. The seals are hand drawn scrolls shown in
this enlarged image.
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A Schedule of the Negroes & other Chattels of Mary Chew of Annarundell County which are made over & deliverd unto Philip
Thomas of the same County in Trust according to the true Intent & meaning of the annexd Articles of Agreement Viz ~ ~
Imprimis. Thirty Negroes named as followeth
That is to say
Cooper George Harry
Sarah Matt
Nelly James
Betty Peg Creek
Young George Sarah Barber
Hannah Will Creek
Peg Ned Creek
Harry Toby
Billy Boy Cherie
Orion Peter Mussu
Dido Bucco
Child Dido Tom
Molly Betty
Billy Betty (2nd)
Nanny
Item 2dly - One hundred Seventy One Ounces of Silver Plate
Item 3dly - Forty Cattle & Sundry Hogs
Item 4thly - The Crop of Tobacco now on her Plantation
Item 5thly - The produce of Tobacco shipt to London as may appear by the Accounts to be produced
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[ end of Document Transcription ]
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