Merrit Hamilton's Claim to Thomas Hamilton's Property

The following documents came from the Adair County Court House

Adair Co. Kentucky Will Book E pg. 430-434 Feb 15, 1850

Lists the property of Thomas Hamilton and the sale of his property

This following document is dated June 28th, 1847 but was not filed at the court house until Feb.2nd, 1850. This is the document that the Orator is referring to as Merits's claim or pretended claim to Thomas's property and slaves. It does give us Thomas's wife's name as Barbary.

This indenture made and entered into this 28 day of June A.D. 1847 between Thomas Hamilton of the County of Adair and State of Kentucky of the one part and Merit Hamilton of the same County and State of the Other part. Witness that whereon the said Merit Hamilton, waited and attended ????, and nursed Barbary Hamilton the late wife of said Thomas during her last sickness of about seven years, and whereas the said Merit also waited on and nursed and served the said Thomas during two or three spells of sickness of said Thomas Hamilton. Now for and in Consideration of the said sermises And for the great love and affection of the said Thomas for the said Merit the said Thomas Hamilton hath given, granted, bargained, and sold and by these presents doth give, grant, bargain and sell unto the said Merit Hamilton all his said Thos. Hamiltons tract or parcel of land on which the said Thomas now lives in said County and State with all and singular the houses and ????? and all outhouses and other buildings and improvements and each and every thing there unto ascertaining; and also eight Negroes now in the possession of said Thomas (Towit) Pleasant, Hannah, Louisa, Mariah, Thomas, Mana, Lucy and Wash to have and to hold unto the said Merit Hamilton his heirs and assigns forever the said land houses and Negroes. Yet the said Thomas Hamilton ???? and retains the said land and Negroes in his own possession and for his own and separate use and control for and during his natural life but binds himself his heirs and assigns that he will not sell or convey said land or Negroes or any of them as to move the said Negroes or any of them out of the state without the consent & concurrence of the said Merit Hamilton and immediately upon the death of said Thos. Hamilton the said Merit Hamilton is to ave full and complete possession of all said property under this deed of gift, sale and conveyance.

In testimony whereof the said Thomas Hamilton hath her unto ?? his hand and seal the day and year first above written the 8 day of June 1847

Witness his

M.D. McLary Thomas X Hamilton

Richard Tritt ? mark

Kentucky Adair County Seat

I William Caldwell clerk of the County Court for the County aforesaid do Certify that this day the foregoing deed from Thomas Hamilton to Merit Hamilton was produced to me in my office and proven by the oaths of M.D. McLary & Richard Tritt subs or ibing witnesses there to be the act & deed of said Thomas Hamilton. Where from I recorded said deed with this certificate in my office. Witness my hand this 2nd day of February 1850 Wm. Caldwell Clk

By J???? Caldwell D.C.