It was common for a couple contemplating marriage to draw up an
agreement whereby the property of each person was to remain within their
control and, after their death, to go to their own children. The following marriage
agreement was between Eli Nichols and Mrs. Sarah Salyer, who married on the
28th day of November 1833 Caldwell County, Kentucky and was among loose papers
in the Caldwell County Clerk's Office. The contract is presented in the exact
language of the original document.
"This article
of agreement, made and entered into This 28 day of November in the year of our
lord 1833, Between Eli Nichols of the State of Kentucky and County of Caldwell
of the one part, and Sarah Salyer of the County and State aforesaid, of the other
part, Witnesseth, that the following agreement is made (towit) As follows, as I
the said Eli Nichols, are agoing to Join in Wedlock with the said Sarah Salyer
and I the said Nichols doth agree, that what ever property of any kind
whatsoever she the said Sarah Salyer Shall fetch with hur to my House, at my
death, or at hurs, which ever should be the Longest liver, it shall be understood,
that each one shall be intitled to their own property, unless unavailable accidents,
such as fire death, &c and further,
if it should please God to smile on us in our undertaking, and we should make any thing more than a reasonable
support, That I the said Nichols is willing, if I should be the longest liver
to come to a fare division, with the heirs of said Sarah Salyer, and if she the
said Sarah Salyer should be the longest liver, she is to do the same. In
testimony Whereof we have hereunto set our hands and Seals the day and date
above written. [signed] Eli Nichols,
Sarah (X hur mark) Salyer. Attest: Jas.
Perry, James (X his mark) Salyer."
Published 10 November 2016, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/
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