“Whereas a Marriage Is Intended by the Permission of God To Be Shortly Had and Solemnized”: Elizabeth Mason Remarries

In the years after George Mason V’s death, Elizabeth raised her children, oversaw her personal holdings of enslaved people and lands, and managed her deceased husband’s estate. In addition to the enslaved people who helped to care for her children, Elizabeth hired a governess to oversee her three youngest children, hired music masters for her daughters, and arranged for her sons to attend boarding school. Elizabeth Mason billed these types of expenses to her deceased husband’s estate, but she also worked hard to improve the revenues from Lexington and Dogue Neck Plantation. From 1796 through 1803, both plantations produced high yields of tobacco, corn, wheat, pork, oats, and rye, which were supplemented by revenues from blacksmithing, carpentry, lumbering, fishing (to include the leasing of fisheries), and “miscellaneous articles.” In December 1802, Elizabeth Mason also sold two enslaved people—Charles and Luce—that belonged to the Mason estate, ostensibly because their sale would be more profitable than passing them down to the Mason children. All told, Elizabeth Mason acted as a shrewd businesswoman during her widowhood, which protected her independence and her children’s inheritance.[1]

Antenuptial Agreement Between Elizabeth M. A. B. Mason & George Graham

After nearly seven years of widowhood, Elizabeth Mason chose to remarry on July 16, 1803.[2] On July 4, 1803, Elizabeth Mason, Thomson Mason (the brother of Elizabeth’s deceased husband), and her soon-to-be husband, George Graham entered into a legal agreement because “a Marriage is Intended by the permission of God to be shortly had and solemnized.” The first part of antenuptial agreement specified that Elizabeth “doth Sell Alien, transfer make over and deliver unto the said Thomson Mason all her real and personal Estate and property whatsoever which she holds, possesses, Enjoys or Claims” for the purpose of creating a trust for all of her “Remainders, Reversions, Rights of Dower, Rents, Issues, Profits, Debts, and Appertinances.” The second part of the agreement specified that her holdings were “for her Own Separate use free from the Controul and direction [of] the said George Graham.”[3]

The antenuptial agreement between Elizabeth Mason and George Graham was consistent with the patterns of elite remarriage in the early republic. According to historian Mary Beth Norton, “marriage settlements were a device of … fairly well-to-do widows whose first marriages and subsequent independence had led them to conclude that they should prevent their property from falling entirely into their new spouses’ hands.”[4]

Elizabeth Mason’s motives appear to have been driven more by her desire to protect her independence, not because Graham was penurious or unfamiliar. At the time of their marriage, Graham was operating a law practice in Dumfries, Virginia. Furthermore, Elizabeth’s new husband was intimately acquainted with the Mason family. When the widower George Mason IV married Sarah Brent in 1780, the childless Brent brought Graham—her ten-year-old nephew—with her to Gunston Hall where he received an education alongside John and Thomas Mason. Graham was the same age as Thomas Mason, who later married Elizabeth Mason’s sister, Sarah Hooe, in 1793—adding yet another connection between Graham and Elizabeth Mason. For the remainder of his life, the Masons and outsiders alike viewed George Graham as an adopted member of the Mason family.[5]

Elizabeth Mason’s antenuptial agreement ensured that she—and not her new husband—dictated the fate of her property.[6] According to the agreement, Elizabeth was empowered to act “in her own proper Name” whenever directing the actions of her trustees. After all, in her 1799 deed with the executors of George Mason V’s estate, Elizabeth had fought to protect her widow’s “provisions” in the event of remarriage. Without an antenuptial agreement, Elizabeth would forfeit her own property and the gains from her widowhood to the whims of a new husband. Perhaps as a subtle reminder that Graham was marrying into a pre-existing family, Elizabeth Mason’s son-in-law and daughter, Alexander and Elizabeth Hooe, were the two witnesses to the antenuptial agreement. They—not Graham—would be among the eventual inheritors of Elizabeth Mason’s property.[7]

Portrait of John Mason by Charles Bird King (From the Philip Dawson Collection, Alexandria, Virginia; courtesy of Frick Digital Collections)

In the weeks following his wedding to Elizabeth Mason in 1803, George Graham suspended his legal practice in Dumfries and moved to his wife’s house at Lexington. Even though George Graham did not own the plantations at Lexington and Dogue Neck—all profits would go to the estate of George Mason V—he took an active role in managing the properties on behalf of his wife and stepchildren. As part of his management duties, George Graham wrote to John Mason in March 1804 to request goods and reimbursements from George Mason V’s estate. John Mason replied that he and his brother, Thomson Mason—another of George Mason V’s executors—were willing to oblige Graham’s request, but they also took the opportunity to voice their displeasure of Elizabeth Graham’s handling of the properties during her widowhood. “The Estate is so unproductive,” wrote John Mason, who had heard rumors that various individuals were “pilfering” the estate, that an enslaved person had lost a hand, and that there was a general need of “reform” at his late brother’s properties. John Mason ended his letter with a snide post-script: “Lest you or Mrs. Graham may not have a copy of the [1799] agreement between her and the Executors I herein enclose you the original which you will preserve & having taken a copy can return me when we meet.” [8]

The Grahams surely did not need a reminder of the “agreement”: without it, they could not live at Lexington or benefit from the George Mason V estate. Instead, the tone and contents of John Mason’s letter seems to indicate a simmering animosity towards Elizabeth Mason (now Graham) for her bold stance against the Mason brothers in 1799. This same independence and boldness had clearly not subsided by 1803, as her antenuptial agreement with George Graham can attest.

Signature of Elizabeth Graham (Courtesy of the Stabler-Leadbeater Apothecary Museum, City of Alexandria, VA)

 

 


[1] Will of George Mason V, Fairfax Will Book G-1, 254-260; Stith v. Mason, 1819-1825, accessed from the Gunston Hall Archives, for the expenses billed to the estate of George Mason V. In his will, George Mason V issued the following directives: “I give and devise to my wife during her life or widowhood) Life or Widowhood, the Negro lad Jacob (who work in the Garden & I direct & order that Jerry & Lewis continue to work in the Garden for two years if my Wife chooses them to do so Item I direct that the garden at Lexington be paled in & the Expence [sic] paid out of the Money arriseing [sic] from the profits of my Estate.” Based on the estate account, Elizabeth supplemented these directives by paying a gardener, Philip Shepherd, in 1797 for £40 in wages.

[2] According to George Mason Graham Stafford (the son and biographer of George Mason Graham, which would make Stafford the grandson of Elizabeth), Elizabeth Mason “must surely have been a woman of unusual attractions as neither her age or her six children seemed to have been an impediment to her securing a second husband.” See George Mason Graham Stafford, General George Mason Graham of Tyrone Plantation and His People (New Orleans, LA: Pelican Publishing Company, 1947), 96. While Stafford’s account borders on misogyny and stereotype, Philip Vickers Fithian alludes a similar sentiment when discussing the possibility of widowhood and remarriage with Frances Ann Tasker Carter in 1773:

"The table Discourse was Marriage; Mrs. Carter observed that was she a Widow, she should scruple to marry any man alive; She gave a reason, that She did not think it probable a man could love her grown old when the world is thronged with blooming, ripening Virgins; but in fact Mrs. Carter looks and would pass for a younger Woman than some unmarried Ladies of my acquaintance, who would willingly enough make us place them below twenty! […] Mrs. Carter is prudent, always cheerful, never without Something pleasant, a remarkable Economist, perfectly acquainted (in my Opinion) with the good-management of Children, intirely free from all foolish and unnecessary fondness, and is also well acquainted (for She has always been used) with the formality and Ceremony which we find commonly in high Life."

See Williams, John Rogers. “Journal of Philip Fithian, Kept at Nomini Hall, Virginia, 1773-1774.” The American Historical Review 5, no. 2 (1899): 290-319.

[3] Deed between Elizabeth B. Mason, Thomson Mason, and George Graham, Fairfax Deed Book E-2, 107-109.

[4] Mary Beth Norton, Liberty’s Daughters: The Revolutionary Experience of American Women, 1750-1800 (Boston, MA: Little, Brown, & Company 1980), 135-136.

[5] Pamela C. Copeland and Richard K. MacMaster, The Five George Masons: Patriots and Planters of Virginia and Maryland (Fairfax, VA: George Mason University Press, 2016), 220-221; Donald Jackson and Dorothy Twohig, eds., The Diaries of George Washington, Volume 6, 1 January 1790-13 December 1799 (Charlottesville, VA: University Press of Virginia, 1979), 303-311. See also James Madison to George Graham, April 5, 1827, Founders Online, National Archives, https://founders.archives.gov/documents/Madison/99-02-02-0973, and George Graham to James Madison, April 27 1827, Founders Online, National Archives, https://founders.archives.gov/ documents/Madison/99-02-02-0986. Madison was searching for George Mason IV’s handwritten copy of Virginia’s Declaration of Rights, so he wrote to Graham requesting a copy because of “your connection with the family.” Graham later provided Madison with “an accurate Copy of the original draught” that he obtained from John Mason.

[6] See also Mary Beth Norton, Founding Mothers and Fathers: Gendered Power and the Forming of American Society (New York: Vintage Books, 1996), 149-156. While Norton addresses widows and antenuptial agreements in colonial America, her analysis is also relevant to the early republic: “Although prenuptial agreements were relatively rare …, widows participated in most of those that were drafted. in such documents women not only reserved property for their own use but also divided their holdings among their children. … Both strategies—retaining control of some property for themselves and ensuring that their existing offspring were protected from possible ‘imbezill[ment] & wast[e]’ at the hands of their new husbands—revealed that women had learned important lessons from the months or years in which they had been ‘free in libertie.’ Premarital contracts allowed widows to continue to wield some of the power they had acquired as family governors, even as they nominally surrendered their independence to new household heads.” Norton’s description of inheritance and remarriage is quite helpful in contextualizing Elizabeth Mason’s antenuptial agreement and her behavior during her second marriage.

[7] Deed between Elizabeth B. Mason, Thomson Mason, and George Graham, Fairfax Deed Book E-2, 107-109. Despite being a witness to the antenuptial agreement, it seems that Elizabeth Hooe disapproved of her mother’s remarriage. In an 1816 letter to George Graham, Hooe asked Graham to forgive her for “my past conduct towards you and must beg you will, if any allowances ought to be made for my youth and the circumstance under which I acted.” See Elizabeth Hooe to George Graham, November 23, 1816, retrieved from Gunston Hall Archives; original document is in the Graham Family Papers, Virginia Historical Society, Mssl G7605.

[8] John Mason to George Graham, March 12, 1804, retrieved from Gunston Hall Archives; original document is in the Graham Family Papers, Virginia Historical Society, Mssl G7605. John Mason and Thomson Mason agreed to send 100 pounds each of coffee and loaf sugar, 10 pounds of tea, 1 barrel each of brown sugar, molasses, spirits, and flour, one firkin of butter, 1800 pounds of pork, 700 pounds of beef, two “Veals,” and three lambs.