I love this instrument because it shows the business sense of a woman in 1842. It is probably as close to a prenuptial agreement as one could get in that time period. "Betsy", as she was known within the family, had no intention of letting her soon-to-be new husband have any control over the estate let to her by her first husband. Way to go, Betsy!!
Garrard County, Kentucky
Deed Book O;
page 200/201: No. 1796: Elizabeth Leisure
to Abraham Adams: 01 Jan 1842
No. 1796 Mrs Elizabeth
Leisure to Abraham Dawes Adams
Deed of Trust
This Indenture made and entered into this 1st day
of January 1842 between Elizabeth Leisure, widow and relict of Joseph Leisure
dec’d of the county of Garrard and state of Kentucky of one part and Abraham
Adams of the same County and state of the other part witnesseth That whereas by
the last Will and Testament of the said Joseph Leisure decd a tract of land of
48 acres and appurtenances and 3 negro slaves named Tom, John and Milley were
devised to the said Elizabeth during her natural life, together with various
other species of property (ie) farming utensils, household and kitchen
furniture, stock of horses, Cattle, sheep, Hogs, and other things therein
specified with latter named property has increased to some extent and whereas
the said Elizabeth Leisure contemplates a marriage with a certain John Johnson
of Garrard County and is desirous to secure to herself all the aforesaid
property and that which she has or may hereafter acquire, does by these
presents convey to the afo@ Abraham Adams her interest in the tract of 48 acres
of land aforesaid with all its appurtenances, the three negroes above mentioned
trust, Tom John and Milley, together with one sorrel mare, 1 Rhone mare, 1
Black mare 2 colts, all the farming utensils 3 Beds, Bedstead and furniture, 1
Bureau 1 clock 1 cupboard furniture, chairs and every variety of household and
kitchen furniture, corn in hand, hay, oats, fodder, stock of cattle and other
stock, hogs sheep and in fine every species in articles of hereinafter, new
property of the said Elizabeth and the increase of the land stock and negroes
and property aforesaid and a note on I. H. Hopper for about $200 interest for
the uses and purposes hereinafter expressed.
The said Adams is to hold the aforesaid property and the
increase for the sole use and benefit of the said Elizabeth during her life and
at her death, that portion of the same devised to her during life, is to vest
as specified by the will of said Leisure and the same is not in any events to
be under the control of any person who may be her future husband and if she the
said Elizabeth shall by industry and economy accumulate an Estate, growing out
of the property devised her, and conveyed by this deed, other than her support,
the same is to be held by the aforesaid Adams during her life in trust for her
use and benefit and to be disposed of as she may elect at her death, provided
such disposition be in accordance with the last will and testament of Joseph
Leisure decd- and the said Adams is at liberty to dispose of the aforesaid
Estate in any manner best calculated to promote the Interest of the said
Elizabeth, lesening only the power of approval and ratification of such
disposition, which shall be in ?nting to be entered of record, in the clerk
office of the Garrard County Court.
The object, intent and meaning of this ?nting being to
secure to the said Elizabeth all the rights now pertaining to her, provided she
should hereafter become the wife of any person – and to prevent such person
from exercising any ownership or control over any of the afo@ property or its
increase, or to derive any benefit therefrom, other than that which the said
Elizabeth chooses to bestow.
The testimony whereof the said Elizabeth has herein to set
her hand and seal to date aforesaid.
Witness Elizabeth^ Leisure
Alex R McKee her mark
W. N. Fishback
James Stewart
James Stewart
Happy 3rd Blogiverary. I'm just about to the three month mark.
ReplyDeleteThanks for the congrats, Jim and Grant and thanks for stopping by.
ReplyDelete~ Becky