Marriage Contract between Queen, Wm. J. & Miller, Mary S. 1878

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:

               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.

               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.

                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.

                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.

               Note on N. C. Miller for three hundred dollars ($300.00) dated May 31st, 1876 due 31st May 1880.

               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.

              Note on N. C. Moore for five hundred dollars ($500.00) dated 15 Dec. 1877 due Jan. 25th 1879.

              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).

               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. 

               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