This deed was one of the first documents I found concerning this family. The naming of the sister and her husband was one of the first proofs of connection to Abbeville county. Also this is the only place I have found the children of Nancy clearly stated.
When I found this, I imagined that the protections built into the deed were an indication that Edmund was somehow weak, abusive, irresponsible or absent – that he gambled in some way or other, putting his family at risk. Now I have become aware that he died very early – and I wonder if these protections were put into place in anticipation of his death, shielding them from the indebtedness that was typical of the time. Turner, himself, was dead within two years of the making over of this land, and was insolvent – owing a great number of people, including Thomas Byrd (a LARGE sum) back in Abbeville.
In those days, as far as I understand it (which isn’t far – just what I observe as I move through all these documents), they didn’t have “checking accounts” in those days. So what they did was barter with notes – I sell you a horse foal, and you hand me a note promising to pay, by Dec. 31 of that year, $50. I can then use that note to go buy something for someone else – trading actual debt rather than coins or printed money. And the note’s value depended entirely on your reputation for honesty and good business practices in the community; nobody is going to accept a note from a guy they think isn’t responsible or careful with his value.
But when someone dies suddenly, sometimes the amount of debt he has garnered out weighs his assets (farm, land, tools, etc) and the notes due him. I would imagine that this indicates that his true value was in his actual usefulness or ability to make things happen. When he dies, that value (the projects in process) goes to zero and all that’s left is the value that was already solid and in place.
Though these details aren’t salient if all you are doing is tracing line of descent, certainly they begin to humanize the story.
Abstract of Turner Anderson Davis Deed to Nancy
https://krandle.com/genealogy/TurnerDeed.html
Be it known that I, Turner A. Davis, of the county of Greene of the state of Alabama, for and in consideration of the natural love and affection which I have and bear unto my beloved sister Nancy N Calwell and her two sons to whit: John S. Calwell, Washington J. Calwell – as well as for the further sum of one dollar to me in hand paid by the said Nancy N Calwell; at and before the signing and sealing of these recedents the receipt and payment whereof is hereby acknowledged, have given and granted, and due by these presents, give, grant and convey unto the said Nancy N Calwell and her two sons, to whit: John S Calwell, Washington J. Calwell the same for their better maintenance and support, the north half of the NW quarter of Section 31 in T22 R5 East, together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining.
(legalese) rents, issues and profits thereof and all the estate, right, title, interest, property, claim and demand whatever of him, the said Turner A.
Davis…(legalese) and this gift and grant of land is made by me with the express intention and design that no part of the said land or improvements thereon, or any part of any crop hereafter made or gathered by said land shall not in any way or manner or form be applied to the payment of any of the debts, dues or demands that may at this time exist or be against Edmund Calwell, the husband of the said Nancy N Calwell.
And further, it is my intention and design in making this gift and grant that the land and improvements shall be a home for my sister Nancy N Calwell and her family of children until her youngest child shall come of age and as before stated that no part of the said or improvements etc.
And should the said, Nancy N. Calwell depart this life before her youngest child shall become of lawful age, then and in that case the said land with the improvements thereon shall be sold by the directions of the judge of the county court of Greene County and the money arising from the sale of the same shall be equally divided between the said (boys).
31 Oct. 1840