Tag: common law marriage

In the early 1800s on Roanoke Island, North Carolina, a romance blossomed that would challenge the social and legal norms of the time. This is the story of my 4th great-grandparents, John Weskett Jr. and Barbara “Barby” Midgett, whose relationship began as a scandal but endured to become a legitimate marriage spanning decades.

The Early Years

Barbara Midgett was born in 1787 and came from a prominent Roanoke Island family. In 1802, at just 15 years old, she married Ambrose N. Dough, an 18-year-old mariner¹. The marriage seemed promising at first, with Barbara bringing 76 acres of inherited land to the union². However, their relationship would soon take an unexpected turn.

A Marriage Falls Apart

While Ambrose was away at sea, Barbara began a relationship with John Weskett Jr., who was born between 1774 and 1780. By 1807, Barbara and John were living together openly, having already welcomed two children. When Ambrose returned from his voyage to discover this new arrangement, he found himself in an impossible situation.

The Failed Divorce Petition

In 1809, Ambrose petitioned the North Carolina legislature for divorce. In his emotional appeal, he described how he had improved Barbara’s land during their marriage but had “declined any further use of the same” after discovering her relationship with Weskett. Despite support from several prominent citizens, including members of the legislature, his petition was denied.

Property and Financial Matters

In an interesting twist, despite his complaints to the legislature, Ambrose had already sold Barbara’s 76 acres to John Weskett in 1804 for 400 silver dollars. This transaction would later become part of a complex web of property arrangements between the three parties.

A Family Grows

Unable to marry legally until after Ambrose’s death, John and Barbara continued their life together, eventually having seven children: Thomas, Samuel, Patrick, Sally, Polly, Harriett, and John (my 3rd great-grandfather). Their relationship, though technically illegal, was accepted enough in the community that they were able to conduct business and own property.

Legal Marriage at Last

On December 22, 1824, John and Barbara were finally able to formalize their relationship. They signed a detailed marriage contract that carefully protected Barbara’s property rights and provided for their children’s inheritance. This contract offers a fascinating glimpse into both the legal complexities of the time and the couple’s commitment to securing their family’s future.

Later Years

By 1830, Barbara had established herself as head of her own household, according to census records. The family owned three slaves initially, though by 1840 this number had decreased to one. The census also notes “1 insane white” in the household, possibly referring to John’s brother James.

Home of three generations of Wescott's built around 1810. 
Moved from Manteo Airport in 1942 by D. Victor Meekins

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