Re: "Pre-nupts" Wife Land Ownership in Tennessee Bait me?? LOL :) C'mon Janet; brand your sources as you choose, and pay no attention to me. :) :) I would like to see the "pre-nuptial" indenture (contract). While such were very common and ridded a newly married (or betrothed) couple of the jointure of property in the husband problem, yours seems to be remarkable, since it vests some measure of control in a third party. Why not copy it in .jpg on your scanner and send it along. Thanks. Paul | ----- Original Message ----- | From: <jleehunt1@aol.com> | To: <martee@citlink.net>; | <va-southside-l@rootsweb.com> | Sent: Sunday, April 22, 2001 5:42 PM | Subject: [VA-SOUTHSIDE-L] Re: "Pre-nupts" | Wife Land Ownership in Tennessee | | | | While this isn't Tennessee and it's not | clear whether land is involved -- I | | have an interesting VA case where legal | steps were taken to ensure | | "ownership" of assets (unnamed) by the wife | after her marriage. | | | | I have a "pre-nuptial" indenture in the | early 1830s (buried somewhere at the | | moment) in Amelia Co VA between my gg | grandfather (Archibald Bolling "AB" | | Baugh) and the man (Samuel Whipple) who was | about to marry AB's sister-in-law | | (Mariah Goode Wash/Walsh). | | | | Mariah had apparently inherited part of the | estate of her brother Samuel H. | | (probably Hyde) Wash/Walsh. (I have looked | through the Amelia Co will books | | microfilm, though not the court records, | 1810-1850 and not found a will for | | Samuel H. Wash/Walsh) | | | | The indenture seems to say that Mariah will | maintain "primary" control over | | the inheritance after she marries Samuel | Whipple, with AB having some sort of | | "secondary" control, and if Samuel messes | with any of it he is answerable to | | and can be sued by AB. | | | | I use the terms primary and secondary not | to bait Paul, but as a shorthand | | because at the beginning the indenture | seems to say that AB will have | | control, but then there is more extensive | tortuous legal language that | | suggests that Mariah is really the | decisionmaker..in the humble opinion of a | | group of us four cousins who find it | interesting. | | | | I am assuming that AB got involved because | Mariah could not have asserted her | | rights all by herself, thus the indenture | between AB Baugh and Samuel Whipple | | was necessary??? Comments anyone?? Is | this an unusual case? I honestly | | doubt there was much money involved, unless | Samuel Wash/Walsh did | | particularly well for himself. | | | | Both couples moved shortly thereafter to | Lawrence Co MO, where Samuel Whipple | | died sometime before 1840. | | | | Best Regards, | | | | Janet (Baugh) Hunter | | |