Synopsis
The original conditional bond, dated 29 August 1825, Lawrence County, Arkansas Territory, and its endorsed back. Jacob Fortenbery binds himself to James L. Fortenberry for $1,000. The condition is that it is "the Last will and request" of James L. Fortenberry that his enslaved man Jack and Jack's wife Jenny be freed at the deaths of James L. and his wife Peggy. Jacob must see that they get their freedom according to law, stand as their security, and never keep them in bondage after the deaths of James and his wife. Jacob signed his name, and Henry Wayland and Samuel Crow witnessed. The back is endorsed "Conditionall Bond, Jacob Fortenbery to J. L. Fortenberry, Bond $1000," with clerk's fees (filing 06¼¢, recording 60¢, certificate & seal 50¢, total $1.16¼) and "Probate." It was "Filed for Record the 30th Aug 1837, J. S. Brown C.C., J. B. Hammond Dp." The back is stained and its endorsement is written upside down. The enhanced copies (flattened background, boosted contrast) make both pages easier to read. Filing in 1837 suggests James L. had possibly died by then, but that is not yet confirmed. Jacob was possibly his son, which the post implies but this document does not state.
On 29 August 1825 Jacob Fortenberry (Fortenbery) of Lawrence County, Arkansas Territory, bound himself to James L. Fortenberry for $1,000. The bond was void only if Jacob carried out “the last will and request” of James L.: that Jack and his wife Jenny, enslaved by James L., be given their freedom at the deaths of James L. and his wife Peggy, with Jacob standing as their security and never holding them in bondage. Henry Wayland and Samuel Crow witnessed. Wayland proved the bond in Lawrence County on 30 August 1837, and Circuit Clerk James S. Brown certified its recording (Book C [?], pages 18–19) on 29 March 1838. Although the family has long called it James Leath’s will, the surviving document is this bond; no will has been found. This post combines the original post with the full transcription of the bond, the witness’s proof, the clerk’s certificate and the docket.
Original post
The following is transcribed from the will of James Leath Fortenberry. His only request is that Jacob free his slave, Jack, and his wife, Jenny, after the death of James Leath and his wife, Peggy. Jacob is held under a $1000 bond to carry this out. The bond is dated August 29th, 1825.
The cover of the will below identifies it as a conditional bond filed for record the 30th August 1837 J.S. Brown C.C. (County Clerk) by J.B. Hammond Dp (Deputy Clerk)
Full record and images (from post 1953)
On August 29, 1825, Jacob Fortenberry of Lawrence County, Arkansas Territory, signed a $1,000 bond to James L. Fortenberry. The bond was void only if Jacob carried out “the last will and request” of James L.: that Jack and his wife Jenny, a married couple enslaved by James L., be given their freedom at the deaths of James L. and his wife Peggy, with Jacob standing as their security as the law required and never holding them in bondage. Witness Henry Wayland proved the bond in Lawrence County on August 30, 1837, and the circuit clerk certified its recording on March 29, 1838. The folder contains no will. This bond is the surviving record of James L.’s stated wish to free Jack and Jenny.
Source files: 1825 James Leath Fortenberry Will .jpg (bond); 1837 James Leath Fortenberry Will Recorded.jpg (witness proof); 1838 James Leath Fortenberry Will Certified.jpg (clerk’s certificate); 1825 James Leath Fortenberry Will Cover.jpg (docket, rotated upright in the enhanced copy). The files 1825 8-29 James Leath will.pdf, will 2.pdf, and will 3.pdf are alternate scans of these same sheets and are not posted separately.
Transcription
Spelling, capitalization, and punctuation follow the original. [illegible] marks unreadable text, and [?] marks an uncertain reading. Records on the same pages that are not about the Fortenberry family are labeled.
Transcribed from the images already shown in this post (click any image above for the full-size original). Spellings are kept as in the original. [?] marks an uncertain reading, and words in brackets are editorial notes.
Know all Men by these presents that I Jacob Fortenberry of Lawrence County Arkenses Teritory am held and firmly Bound to James L. Fortenberry [struck: of] said Teritory and County, in the Pennal Sum of one thousand Dollars of good and Lawfull Money of the United States, to be paid to the sd James L. Fortenberry or his Executors Administors, or assign To which payment, Well and truly to be made, I Bind myself my heirs, Executors and Administrators firmly by these presents; sealed with my seal. Dated the 29th Day of August in the year of Our Lord 1825 —
The Condition of this Obligation is such That it is the Last will and request of the Above Named James L. Fortenberry that his Negro Man Named Jack and his Wife Jenny Should have their freedom and be at Liberty at the Death of the sd James L. Fortenberry and his Wife Peggy, The Obligation such that the above Bounded, Jacob Fortenberry, Doth attend to that Business and see that these above Named Negroes Doth get their freedom agreeable to Law, and also to stand their security as the Law Directs, and Never keep them in Bondage any Longer than the Decease of me and my Wife
the said Jacob Fortenberry Complying with this my Request; Then this Obligation to be void Or otherwise to Remain in full Force and Virtue
Sealed, Signed, and Delivered in the presents of
Henry Wayland
Samuel Crow
Jacob Fortenberry (Seal)
Note: The bond is written as James L.’s request (“this my Request”; “the Decease of me and my Wife”) but is signed by Jacob as the bound party. The witness names are read as Wayland and Crow from the 1837 proof on the next sheet.
Witness Henry Wayland’s proof of the bond, Lawrence County, Arkansas, 30 August 1837
This Day Personally Came before me John B. Hammond Dp Clerk for James S. Brown Clerk of the Court of Lawrence County in the State of Arkansas — Henry Wayland one of the Subscribing Witnesses to the above Bond or Obligation and after Being Duly Sworn Deposeth and Saith that he was Present at the Sealing and Delivery of the above obligation and that the Signature and Seal is the Genuine Signature of The Signer Jacob Fortuneberry Executed for the purposes there in Named and that he Saw Samuel Crow Sign his name also as a witness Done at my office in Jackson the 30th August 1837
J. S. Brown Clerk
By J. B. Hammond Dp
State of Arkansas } ss
County of Lawrence }
I James S. Brown Clerk of the Circuit Court and Ex-officio Recorder in and for Lawrence County aforesaid do hereby certify that the within and foregoing Bond or instrument of writing was filed in my office on the 30th of August A.D. 1837 and was Recorded in Book E and on pages 18 & 19.
In Testimony whereof I have hereunto set my hand as Clerk of said Court and affixed the Seal thereof at Smithville on this the 29th day of March A.D. 1838 — And of the Independence of the United States of America the 62nd Year
J. S. Brown Clk
Conditionall Bond
Jacob Fortenberry
To } Bond $1000
J. L. Fortenberry
Fees
| Filing …….. | 06 1/4 |
| Recording ….. | 60 1/2 |
| Certificate & seal … | 50 |
| [Total] | 1.16 3/4 |
Filed for Record the 30th Aug 1837
J. S. Brown C.C.
J. B. Hammond D.C.
[Later hand, large:] Probate
The writing faintly visible through the paper is the bond text on the other side of the sheet.