LAUDERDALE COUNTY,TENNESSEE

NOVEMBER 4,1940

CONTRACT FOR SETTLEMENT OF PROPERTY RIGHTS

 

STATE OF TENNESSEE}

LAUDERDALE COUNTY} KNOW ALL MEN BY THESE PRESENTS

 

That we,the undersigned,G.L. FITZGERALD and wife,Mrs.MATTIE MIDYETT FITZGERALD,have this day entered

into the following contract and agreement to wit:

 

WITNESSETH:

 

1.On November 9,1928,these parties entered into a marital contract prior to their marriage and this agreement is

a renewal and novation of said marital contract,the said parties are now man and wife and this contract is made

for the purpose of settling their property rights and marital rights.

 

2.IT IS AGREED that if for any reason the parties hereto shall separate and no longer live together as man and wife,

whether it be the fault of one or the other or both of them,then in such event,the said MRS.MATTIE M.FITZGERALD

shall have no rights or claims against the said G.L.FITZGERALD or his property for any alimony,support, maintenance,

or any other thing or attorney’s fees,except as follows:

 

a.If an absolute divorce is granted to her upon her petition,then she is to receive the sum of One Hundred and Fifty

($150.00) per year,for her lifetime or as long as she remains unmarried,to be used and spent by the said MRS.MATTIE

M.FITZGERALD for her support and maintenance. MRS.MATTIE M.FITZGERALD has two children by a former marriage

and she claims no rights for said children in any property of G.L.FITZGERALD for the support or benefit of these children.

 

b.If at the time of the death of G.L.FITZGERALD,the said MRS.MATTIE M.FITZGERALD is living and if she and the said

G.L.FITZGERALD are living together as man and wife,then MRS.MATTIE M.FITZGERALD agrees to accept as her full part

and in full satisfaction of all claims,including year’s support,exemptions,homestead and dower,the following property;-

 

(1) A life estate in 25 acres of land in the 5th civil district of Lauderdale County,Tennessee,being part of the 127 acre

owned by G.L. FITZGERALD now and being known as the HATTIE KELLER place. (2)Two mules and a wagon and plow

tools enough to work said 25 acres of land.

 

3.This agreement applies to and covers any and all property of the said G.L.FITZGERALD at the present time and

any and all property he may own at any future time,including insurance.

 

4.If the said G.L.FITZGERALD should desire to sell the 25 acres mentioned in Paragraph 2(b) (1) hereinabove then

the said MRS.MATTIE M.FITZGERALD hereby agrees to sign the deed to the same at any time requested and if at

that time they are living together as man and wife,the said G.L.FITZGERALD agrees to make such provisions for her

as will protect her rights under paragraph 2(b)(1) of this agreement.

 

5.MRS.MATTIE M.FITZGERALD especially agrees that she shall have no rights of any kind,especially of homestead

and dower,in any real or personal property of the said G.L.FITZGERALD,Ecept as herein given to her under this agreement

and that she will sign all deeds of conveyance of the property of the said G.L.FITZGERALD upon his request to her to

do so,provided of course that she will be provided for in regard to the 25 acres setout above.

 

6.The parties have entered into this agreement with full understanding of the meaning of the same,and as setout above,

a similar agreement was executed on November 9,1928 before they were married in contemplation of marriage and this

agreement,containing the same terms,is now entered into between them as a settlement of their property rights etc.,after

their marriage.

 

THIS AGREEMENT IS ENTERED INTO IN DUPLICATE this Oct.30,1940. s/n G L FITZREALD MRS.MATTIE M FITZGERALD

 

STATE OF TENNESSEE LAUDERDALE COUNTY Personally appeared before me the undersigned notary public in and

for said state and county,G L FITZGERALD and wife MRS MATTIE M FITZGERALD,the within named bargainors with whom

I am personally acquainted and to me known to be persons described in and who executed the within and foregoing

instrument and who acknowledged that executed the same as their free act and deed and for the purpose therein

contained,in duplicate. Witness my hand and seal of office at office in Ripley this Oct.30,1940. C S CARNEY notary public.

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