Many thanks to Don Detwiler
Whereas a marriage is
contemplated
soon to occur between the undersigned Wm. J. Queen of the City of
Louisville,
Ky. And Mary S. Miller of Murfreesboro, Tennessee, and it being the
wish of the
said Mary S. Miller which is concurred in by the said Wm. J. Queen that
she
said Mary S. Miller shall after the consummation of the marriage
between them,
have, hold and possess all her property both real and personal now
owned by
her, and the rents and profits on the realty, and the interest and
income on
the personalty that may arise and accrue of the said marriage to her
sole and
separate use, free from the debts, liabilities and contracts both
present and
future of the said Wm. J. Queen, with power to the said Mary S. Miller
to use
and dispose of the same as she may think proper, both the realty, and
rents and
income upon it, and the personalty, interst and income upon it, also
with power
to the said Mary S. Miller to change the realty into personalty or the
personalty into realty when & so often as she may think proper, and
also
with power to the said Mary S. Miller to will if she chooses by last
will &
testament her said property thet she may at her death own, to
whomsoever she
wishes. Now in view of said marriage about to take place between the
said Wm.
J. Queen and Mary S. Miller and for the consideration of five dollars
paid by
the said Mary S. Miller to the said Wm. J. Queen, it is hereby agreed
and
contracted by them or between them, that the said Mary S. Miller shall
after
said marriage is consummated hold all of her property both real and
personal
and the rents and profits on the realty & the interest & the
incomt
from the personalty, under the restrictions above expressed as desired
by her
and concurred in by the said Wm. J. Queen, and with the powers of
disposition
as above stated as desired by her, and the said Wm. J. Queen, doth
hereby in
view of said contemplated marriage release or relinquish to her, the
said Mary
S. Miller, all the rights in said property, real and personal & in
said
rents & profits & interest & income that he might (but for
the
terms of this contract) acquire upon becoming the husband of the said
Mary S.
Miller.
The property of the
said Mary S.
Miller, now owned by her & intended to be subject to her rights
&
powers as set forth in the first part of this contract is as follows:
First, a tract or
parcel of land
situated in Rutherford Co., Tennessee, near Murfreesboro & lying
adjoining
the Nashville, Murfreesboro & Shelbyville turnpike road & about
2 ½
miles south of Murfreesboro – containing forty-four acres and 124
poles, being
a part of the land which was assigned to her mother, N. C. Miller as
dower in
the land of Alfred Miller, dec’d.. Said
44 acres & 124 poles are described in a decree rendered the 16th
Oct. 1877 by the Chancery Court at Murfreesboro in the case of John A.
Collier,
guardian of Carrie Miller & other against N. C. Miller and others
in which
cause the dower aforesaid was divided between the heirs of Alfred
Miller,
dec’d. & the said decree is referred to for the boundaries of said
parcel
of land.
Second, a house, brick
office &
lot situated in the town of Murfreesboro, Rutherford County, at the N.
E.
corner of the Public Square bounded on the north by W. H. Burt, east by
Adam
Bock & west, Church street.
She holds the
following promissory
notes:
1.
Note on John Batey, Thomas Batey & J.
D.
Richardson, dated the 10th March 1877 due at 12 months for
three
hundred dollars ($300.00) credited 21 Sept. 1878 with one hundred &
fifty
dollars.
2.
Note on H. W. Murray, A. Todd & W. S.
Love for
three hundred & fifty dollars ($350.00), dated Nov. 23rd,
1874
& due at 12 months. Credited on 21st April 1876 with one
hundred
fifty dollard.
3.
Note on W. A. Ransom, James A. Ransom &
John W.
Wade & W. A. Ransom Sr. For six hundred dollard ($600.00) dated
13th March
1877 due at 12 months.
4.
Note for one hundred & thirty seven
dollars &
fifth cents ($137.50) on B. E. Bowman & Wm. W. Johnson dated 27th
July 1877 and due at 12 months.
5.
Note on N. C. Miller for three hundred
dollars
($300.00) dated May 31st, 1876 due 31st May 1880.
6.
Note on W. W. Johnson for one hundred &
ten dollars
($110.00) with B. E. Bowman security, dated Jan. 28th, 1877
due at
12 months.
7.
Note on N. C. Moore for five hundred
dollars ($500.00)
dated 15 Dec. 1877 due Jan. 25th 1879.
8.
She had judgment in the Chancery Court at
Murfreesboro,
Tenn. Against J. W. Sparks, Executor of S. H. Miller, of the date April
term
1876 for nine thousand and two hundred and six dollars ($9206.00).
9.
She had a claim or promissory note against
W. F. Hooper
for two thousand six hundred & twenty-five dollars ($2625.00) which
is
partly secured by mortgage on real estate which claim is in suit in the
Chancery Court at Murfreesboro.
10.
She owns an interest in whatever may yet be
realized of
the estate of her dec’d. tather, Alfred Miller, * she may be entitled
to
something from the estate of her mother, Narcissa C. Miller, dec’d.
The said notes &
judgments
& other above mentioned claims constitute the personal property
& said
44 acres of land & brick office embrace the real property now owned
by said
Mary S. Miller & are by this contract to be held by her after said
marriage
under the restrictions as to her separate use and with the powers of
disposition as set forth in the first part of this contract as desired
by her
and concurred in by the said Wm. J. Queen, including also, the rents
&
profits & interests & income upon said property, both real
&
personal. This 27th November
1878.
Test
W.
J. Queen
I. B. Collier
Mary
S. Miller
Jno. D. Miller
