Rutherford County, Deed Book 2

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