The Munsons of Texas — an American Saga
Appendix V
DIVISION OF THE SLAVES OF JAMES P. CALDWELL AND ANN B. CALDWELL AND OTHER FAMILY MATTERS
Text of division of slaves of James P. and Ann B. Caldwell,
and other family matters — (as transcribed by Erma Munson
Rich. The document is dated "Decr. 27, 1860", but other
circumstances indicate that it was written about 1850 [Sidenote].
Know all men by these presents
that we the parties to this Instrument have determined each to the
other that we will carry out the provisions of this article in good
faith as follows - 1st that all the Debts due from the Estate shall
be paid & 2nd that we James P. & Ann B. Caldwell now
partition off to each legatee the Negroes of said Estate. We James
P. & Ann B. Caldwell come into said division equally taking a
childs part.
Memoranda of Negros & partition
| Gerard B Munson's part — | Geo. P. Munson's | |||||
| Negro | Jerry——— | at $1000.00 | Henderson | $1000.00 | ||
| " | Manual—— | 1000.00 | Melinda | 1000.00 | ||
| " | Charlott | 1000.00 | Burrell | 1000.00 | ||
| " | Adeline | 600.00 | 3 children | 600.00 | ||
| $3600.00 | $3600.00 | |||||
| Robert Milam Caldwell's | Mary Jane Caldwell's | |||||
| Stanford | $1000.00 | Joe | at | $1000.00 | ||
| Ell——— | 1000.00 | Easter | at | 500.00 | ||
| Peter | 1000.00 | Allen | at | 500.00 | ||
| An—— & 2 chil | 500.00 | Maria | at | 500.00 | ||
| $3500.00 | Sally | 300.00 | ||||
| Brat | 100.00 | |||||
| $3400.00 | ||||||
| Ann B Caldwell's | James P. Caldwell | |||||
| David | $1000.00 | Abe | at | $1000.00 | ||
| G——— | 1000.00 | Martha | at | 1000.00 | ||
| Deak | 800.00 | Arthur | at | 1000.00 | ||
| Eliz | 500.00 | Ann | at | 700.00 | ||
| Albert | 200.00 | Jack | 300.00 | |||
| Milly | 500.00 | $4000.00 | ||||
| $4000.00 | ||||||
| Amount Brought forward $22000.00 | ||||||
| M. S. Munson's | ||||||
| Ralf | $1000.00 | |||||
| Laura | $1000.00 | |||||
| Benjn. | 300.00 | |||||
| Joe | 200.00 | |||||
| $2500.00 | this family with the Negro partition[ed] off years ago to Wm. B. Munson & passed | |||||
| in partition to M. S. Munson is received as full [--] satisfaction by this party — | ||||||
| himself. | ||||||
That at the death of Ann B. Caldwell her slaves as named above
is hereby disposed of in the following manner, to wit —
| to Gerard B. Munson | Boys Deck & Albert |
| to Geo. P. Munson | [———————————] |
| to Rbt. Milam Caldwell | Boy Green |
| to Mary Jane Caldwell | Girl Milly & Eley |
at death of Jas. P. Caldwell his moiety is hereby disposed of to wit —
| to Gerard B. Munson | negro | woman Martha |
| to Geo. P. Munson | " | man Arthur |
| to Rbt. Milam Caldwell | " | " Abe |
| to Mary Jane Caldwell | " | Ann & Jack |
and should any of the Negros die or be lost by accident or otherwise it is to be distinctly understood that it shall be the loss of the party to whom they have been designated in this article so that at the demise of either parent, the property is so set apart that no difficulty can arise as each legatee will know his or her property without the aid of Courts or Court Officers to decide what belongs to each. The lands belonging to the Estate of H. W. Munson was divided by order of Probate Court of Brazoria County some years since (as the records will show) and we hereby direct that the lands so divided stand, and is to be so regarded by the parties to this Instrument - to say the land on Oyster Creek is the property of Gerard B. & Geo. P Munson also [-/4] league on Bernard (this half league is known as the Gray & Moore Tract) is the property (by said division on the Court) of Ann B. Caldwell and therefore subject to the same terms of division as the other property as above, unless said party A. B. Caldwell should sell said [--/4] league of land during her life time; which privilege she retains & the parties guarantee to her - also the lands held in the name of James P. Caldwell in Bexar County [----- road] 900 acres or thereabouts - 2100 acres in Goliad City - 220 acres on Brasos below Brazoria, 4 lots in town Richmond, 4 lots in Velasco, & 1 in West Columbia, one half of S. land & lots, etc. etc. are the property of Ann B. Caldwell & subject if not sold by her during her life time to same rule or [-----] of divission as above & any property not here mentioned shall be subject to the parties.
And the party M. S. Munson not having a title to his Bailey Prairie place from Robt Mills (or R & D. G. Mills) be it understood by the parties that should he never mature the title to Hard Castle place, that the parties hereto doth bind & agree to remunerate the said party of 7th part, so that no party shall suffer in the divission, and to carry out the spirit of this [-----] - be it understood by all the parties herewith that we waive any & all advantages that seem to promise success to either party and forever disclaim any other divission of property than that which of right is embodied in this Instrument & to which we all pledge good faith.
Oakland plantation will be conducted by Gerard B. Munson, 1st
party until be deemed proper to dispose of same to advantage,
annually the said G.B.M. manager & M. S. Munson Curator, shall
pay all expenses accruing to plantation & when debts are paid
then shall a dividend be made annually, divided into seven (7)
parts & paid over to each legatee - to say that each legatee
shall receive a dividend from proceeds of plantation as are the
hands of each employed to cultivate the place and in paying the
debts the legatees shall pay more or less as their hands employed
[-----] - the negros Henry, Adam, Harriet & child not taken
into this division will be a joint stock & subject to divission
amongst the first 6 parties named.
[signed] Jas
P. Caldwell Ann B. Caldwell
Gerrard
B. Munson Geo. P.
Munson M. S. Munson
R.
M. Caldwell
Decr 27 1860
