Page 59
No 72
Thomas Moore
TO | Marriage Contract
Nancy J Howse
This agreement made and entered into this 22nd day
of November 1841 between Nancy Howse and Thomas Moore both of Rutherford
County Witnesseth, that whereas the said Thomas and Nancy have agreed to
intermarry and whereas the said Nancy is prepossess of an interest in fee
simple in an undivided tract or parcel of land lying in Rutherford County
and State of Tennessee on the waters of Overalls creek the whole tract
containing about Seven hundred & Twenty acres, the same being the land
of which Wm Beaty the farther of the said Nancy, died seized and processed
the said tract of land adjoining the lands of C Beesley; John Haynes and
the heirs of John Lytle, also two negroes, to wit; Peter aged thirty two
years, and Nancy aged about forty the same having been set apart to the
said Nancy Howse at the death of her late
husband Robert Howse; one bay horse, two head of cattle
and household
furniture, three hundred dollars in cash, and whereas
the said Nancy has two children to wit, Patrick H Howse aged two years,
Julia Howse aged about fifteen months, for whom she wishes to provide in
case of the happening of the contingencies herein after mentioned.
Now therefore the said Nancy Howse hereby gives, grants, and conveys to
Shirley Couter his heirs and assigns forever all the Lands, negroes, horses,
cattle & household furniture aforesaid in trust a& for the uses
following viz, the said property shall remain in the possession of her
husband Thomas Moore for and during the time they may live together as
husband and wife, and if the said Thomas should die leaving the said Nancy
as Survivor; then said property of every kind is to appertain to her; if
the said Thomas should survive the said Nancy then the said property of
every kind shall go to her two children aforesaid or if she has other children
then to such other children as She may have during her expected coverture;
and if the bonds of matrimony should be dissolved between the parties
by a court of Justice then the property aforesaid is to go to the said
Nancy; And it is hereby further agreed between the parties that if said
Trustee should at any time deem the property unsafe or likely to be conveyed
out of the Country, then he may take such steps as will secure the same
to the use of the family provided that the said Trustee shall have no control
whatever over the cash aforesaid but the said Thomas is to have the same
upon his own responsibility. If the parties to the foregoing contract
should not marry then the above contract to be void. Witness our hands
and seals the date above attest, the words or if she has other children
then to added before signing
Wm H Johnson
Thomas Moore Seal
H Youkum
Nancy J Howse Seal
State of Tennessee | Personally appeared
before me Robert S. Morris Clerk of Rutherford County |
the County Court of said County the within named Thomas Moore & Nancy
J Howse the executors of the within agreement with whom I am Personally
acquainted and who acknowledged that they executed the within agreement
for the purposes therein contained Witness
my hand at office this 22 Day of November 1841. Registered Nov 23,
1841 Robert S Morris Clk
Rutherford County Marriages
Thomas Moore & Nancy J Howse
June 9,1841