Between Nathan Brownson & Elizabeth McLean
Deed Book HH, p. 16

Georgia

This Indenture Tripartite made the tenth day of Aprill (sic) in the year of our Lord One Thousand Seven Hundred and Seventy Six between Nathan Brownson of the Parish of  St. John in the province of Georgia, Practitioner in Physick, of the first Part, Elizabeth McLean, of the Parish of Christ Church in the province aforesaid, widow, of the second part and Benjamin Andrew Sen. of the said Parish of St. John in the province aforesaid, Esquire, and Josiah Dupont of the province of South Carolina, planter/ Trustees nominated and appointed by them, the said Nathan Brownson and Elizabeth McLean, for the needs, Interests, and purposes herein after mentioned and expressed/ of the third part.  Whereas a marriage by Gods permission  is shortly intended  to be had (held?) and solemnized between the said Nathan Brownson and the said Elizabeth McLean.  And whereas the said Elizabeth McLean on the day of the date hereof being lawfully possessed in her own right of the negro slaves and effects herein after mentioned, hath  agreed / by and with  the consent of the said Nathan Brownson, her intended husband/ to assign, title, and makeover the same in such way and manner as will provide and secure a competent maintenance and support for her, the said Elizabeth, in case she shall survive the said Nathan.  Now therefore, this Indenture in writing (set) forth that in consideration of the said intended marriage and in order to provide and secure a competent maintenance and support to and for the said Elizabeth in case the said intended marriage shall take effect and she, the said Elizabeth, shall survive the said Nathan and for certain other Good Causes and Considerations, the said Elizabeth thereinto moving and also in consideration of the sum of ten shillings, current money of the province aforesaid, by the said Benjamin Andrew Sen. and  Josiah Dupont to the said Elizabeth McLean in hand, well and truly paid, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, she, the said Elizabeth McLean, by and with the consent of the said Nathan Brownson, her intended husband, hath granted, bargained, sold, and assigned and by these presents Doth Grant, Bargain sell and assign unto the said Benjamin Andrew Sen. and Josiah Dupont all and singular, these, her twelve negro slaves herein after particularly named that is to say Guy, Sammy, Little Guy, Monday, & Neptune, male slaves and Gritten, Phyllis, Nancy, Clarassea, Hager, Britiannia, and Tacky(?), females and also all and singular the household goods, plate, chattels or effects as mentioned in the schedule as Inventory hereunto annexed To have and to hold the said twelve negro slaves with the future issue and increase of the said female slaves and also the said Household goods, plate, chattels, and effects unto the said Benjamin Andrew and Josiah Dupont and the survivor of them and the Executors and Administrators of such survivor, to and for the several uses, intents, and purposes and upon the several truths and confidences herein after mentioned, of and concerning the same, and to and for the otherwise intent or purposes whatsoever, that is to say to the use and behalf of the said Elizabeth McLean, her Executors, Administrators, and Assigns with the solemnization of the said intended marriage, and from and immediately after the solemnization of the said intended marriage, then to and for the joint use and behalf of the said Nathan Brownson and Elizabeth McLean till one of them shall depart this Life, except with respect to the plate mentioned in the annexed Inventory which is hereby Declared to be intended for the sole and separate use of the said Elizabeth, her Executors, Administrators and Assigns forever and from and after the Determination of the said last mentioned Estate/ except as before excepted/ share the use, occupation, management, and profits to be had and received by the said Nathan Brownson for and during his Natural Life in case he shall survive the said Elizabeth and after his decease/ in case of such survivorship /to the heirs, Executors and Administrators of the said Elizabeth, but in case he shall not survive her, then the whole of the said Estate, from and immediately after the death of the said Nathan, shall be delivered to and become the absolute property of the said Elizabeth, her Executors, Administrators and Assigns forever, and further it is hereby agreed by and between all parties to these presents, that not withstanding the said intended marriage,  then said Elizabeth shall be at Liberty and it shall be lawful for her at any time or times hereafter to make, sell, and execute her Last Will and Testament in Writing provided the same shall contain no bequest which may  tend to deprive the said Nathan Brownson of any benefits or advantages which he can legally enjoy under and by virtue of this present settlement and not otherwise, and it is particularly agreed by and between the said parties, that all debts contracted or to be contracted, by the said Elizabeth prior to the intended marriage shall be paid and discharged out of the said Estate and Effects herein before mentioned, or out of the gain or profit which shall be made thereby, and lastly the said Benjamin Andrew Sen. and Josiah Dupont for themselves, and each of them and each of their heirs, as Executors and Administrators Do hereby Convey and Grant and Agree to and with the said Nathan Brownson and Elizabeth McLean and the survivor of them and the heirs, Executors, and Administrators of such survivor, that they, the said Benjamin and Josiah, and either of them, their, or either of their heirs, Executors or Administrators shall and will in all things well and truly observe, fulfill and keep all and singular the articles, Clauses, and truths as herein before set forth in writings whereof the said parties have hereinto Interchangeably set this hand and seal the day and year first before written.

Furniture Viz:___
Three Beds and Furniture
Five Mahogany Chairs
One ___ D_ Carpet
Tea kettle & W___
1 Pair of Shades
fire dogs & spit, 3 rakes & spotle
1 trunk & coffy mill 
_____ Irons and crockery ware
three tables, one set of Drawers, one Desk
A List of the plate
Five Tablespoons
One Tankard
One Milk Pot
two Doz. knives and forks
one Doz. Teaspoons
one Pepper Box

Nathan (LS) Brownson
Elizabeth (LS) McLean
Benjamin (LS) Andrew
Josiah (LS) Dupont

Sealed and Delivered by the said Nathan Brownson
Elizabeth McLean & Benjamin Andrew Sen. in the
presence of ~~~~~~~~
Thomas Tallemach
Jean Hatcher
And Sealed and Delivered by the said Josiah 
Dupont in the presence of
Thomas Tallemach
Jean Hatcher

Received on the day of the date of the within written Deed from the within named  Benjamin Andrew Sen. & Josiah Dupont the sum of ten shillings current money of  the province of Georgia being the Consideration within expressed to have been by them paid to me.

Elizabeth McLean
Present:
Thomas Tallemach
Jean Hatcher

Georgia

Personally appeared before me, Thomas Tallemach, Gentln., who being solemnly sworn on the hold Evangelist of the Almighty God made Oath that he was present and saw the said within named, Elizabeth McLean, Nathan Brownson, Benjamin Andrew Sen. and Josiah Dupont severally sign, seal, and as their Act and Deed deliver the within deed of Settlement to and for the uses and purposes therein mentioned and that he, the Deponent and Jean Hatcher subscribed their names as witnesses thereto and to the Receipt endorsed thereon~~~~~~~~

Sworn this 9th day of May, 1777
Thomas Tallemach
Before James Whitfield  __ C.
Recorded, 9th May, 1777

Transcribed July 2004 by Barbara Snead Beasley

Transcriber’s note
Punctuation was added to made this document easier to read.  Note that some terms are no longer in use today- for instance “by these presents” means by these words or by this document.  Transcription made from photocopy of microfilm at Georgia State Archives.  

Under the laws of colonial Georgia and the early laws of the State of Georgia, when a woman married, all of her property became the property of her husband.  To circumvent this situation, a marriage agreement could be written that turned her possessions over to a trustee or trustees before the marriage.  The prospective husband had to agree to this arrangement.  Such an agreement would only be made when the woman had considerable wealth.

The agreement between Nathan Brownson, doctor of Physick, St. John’s Parish and Elizabeth McLean, widow, Christ Church Parish is an example of such a document.
It is lengthy, but it gives Elizabeth protection of her goods and possessions.

Nathan was born in Woodbury, CT in 1742 to Abigail and Timothy Brownson.  He graduated from Yale in 1761, then studied to become a physician.  Sources differ as to the date of his moving to GA-  some give 1764, others 1774. He settled in Riceboro, south of Savannah. Likewise, there are contradictions on his marriages.  In a listing of early CT marriages, a Nathan Brownson married widow Lewis on June 29, 1769 in New Haven (CT) Second Church.  A notice in The Royal Gazette gives a marriage of Dr. Nathan Brownson to Mrs. Elisabeth Martin, Widow of John Martin, Esq. Late of Newport in Georgia on Friday, September 2, 1774.  She died in 1775.  In 1776,  Nathan married Elizabeth McLean.  It does seem certain that the Dr. Nathan Brownson was married twice in Georgia and there was possibly an earlier marriage.

Brownson was against British rule and became active in rebel politics.  In both 1776 and 1777, he was elected as one of Georgia’s delegates to the Continental Congress. His name is among those on the British Disqualifying Act of July 1, 1780. In  August,1781, after the British were driven out of Augusta, Brownson was elected Governor of Georgia.  He served until January 2, 1782.   In June of that year, he was appointed to be deputy purveyor for southern hospitals.  He was a member of the GA convention that ratified the U.S. Constitution in 1788.  After Georgia rewrote their state constitution, he served as the first president of the senate.  He worked to create a state supported institution of higher learning that is today’s University of Georgia.  He died on his plantation in Riceboro, Liberty County, GA on November 6, 1796.

Elizabeth McLean is most likely the widow of John McLean, Little Ogeechee, Christ Church Parish.  John McLean died on July 21, 1773.  John and Elizabeth had four sons and three daughters.  One daughter was old enough to be married before the his death.  In John McLean’s will, Elizabeth was left 7 Negroes, annuity of 20 pounds sterling during her widowhood, one eighth of his household goods, a riding chair and horse, and use of his dwelling house.

Midway Congregational Church records list the birth of a son for Nathan and Elizabeth Brownson, Oct., 1778.   A name or baptism date is not given.

One of the trustees of the marriage agreement, Benjamin Andrew, was a fellow resident of Liberty County and also active in the rebel cause.  Andrew moved to St. John’s Parish about 1754.  He was born in Dorchester, SC and likely moved when the congregation of the church relocated to Midway, GA.  He appears to have been married to Elizabeth at the time of the move and church records list seven children.  On September 28, 1762, Benjamin Andrew married Mary Philbin.  Records give four daughters born to this union.

Benjamin Andrew, as president of the Rebel Council, joined Brownson  on the names listed on the Disqualification Act.  He served as President of the State Executive council in 1777.  When William Bartram, naturalist from Philadelphia, was exploring southeastern GA., he stayed over night with Andrew.

One source gives his death “on the floor of the GA house of Representatives, Augusta, GA., Dec. 16, 1790.”  Another says that he died in Liberty County, GA. about 1799.

The second trustee, Josiah Dupont, although a resident of South Carolina is also named on the Disqualification Act.  Josiah was born around 1743 in South Carolina to Abraham and Jane Elizabeth Dupre Dupont.  He married Ann on April 1, 1766.  They had seven children.  In the late 1700’s, they moved south of Saint Augustine, FL where they acquired a large amount of land.  The house was ransacked by Indians in 1802 and the family moved to northeast Georgia.  Josiah died later that year.  Ann moved to Orangeburg, SC to live with a daughter.
 

Sources

Midway Congregational Church Records, Liberty County, Georgia

Biographical Directory of the United States Congress

Early Connecticut Marriages as Found on Ancient Church Records prior to 1800

The History of Georgia by Robert Davis