Marriage Contract, Theodore P. Marion and Mary F. Rawls, Monroe, Alabama http://files.usgwarchives.net/al/monroe/wills/sdmanning.txt ==================================================================== USGENWEB PROJECT NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Project Archives to store this file permanently for free access. This file is copyrighted and contributed by: Kathryn Ballew ==================================================================== July 2001 Marriage Contract: Theodore P Marion, 1836: Monroe County, AL Book A Page 139 An Indenture made this the first day of January in the year of our Lord one thousand eight hundred and thirty six by and between Theodore P Marion of the town of Monroeville County of Monroe and State of Alabama of the first part Mary F Rawls of the same County and State of the second part, George Rawls as guardian of the said Mary of the third part and Henry S Rawls of the fourth part witnesseth that whereas a marriage is shortly intended to be had and solemnized between the said Theodore P Marion and Mary F Rawls and upon treaty of said Marriage it was agreed that the estate of said Mary both real and personal in profession or expecting should be secured in manner hereinafter mentioned and whereas her said estate consists in her share of the estate of the said George Rawls which is now in his hands and cannot at present be conveniently settled and divided and her share part and portion thereof assigned to her before said marriage Now this indenture witnesseth that the said Mary in consideration of the premises and for diverse other considerations her thereto moving and by and with the consent of the said Theodore P Marion Manifest by his Signing and Sealing these presents hath granted bargained sold assigned and transferred and doth herby grant bargain sell assign and transfer to the said Henry S Rawls all the rights title and interest claim and demand of every nature kind and description whatsoever which she now hath or at any time hereafter may have in or to the estate of said George Rawls both real and personal or in or to any other estate or property real or personal to which the said Mary may now or hereafter become entitled to by gift grant purchase or devise to have and to hold the same to the said Henry S Rawls forever but nevertheless upon the trusts or to the interests and purposes that the said Theodore P Marion and Mary and the survivor of them shall take levy possess use verify and enjoy the property and estate aforesaid and receive the rents issues revenues and profits thereof during their joint lives and the life of the survivor of them for their support maintenance and education of their children if any there should be and upon the further trusts that after the ? of the said Theodore P Marion and Mary in testate the said Henry S Rawls shall stand and be seized of all and singular the ? to the use of the children of the said Theodore P Marion and Mary F Rawls and in default of said children to use and behalf of right heirs of the said Mary forever. And upon the further trust that the said Theodore P Marion may by his last will and testament in writing give devise and bequeath all the premises aforesaid to the children of the said Theodore and Mary if any in such manner and such proportions as to heirs shalt seem meet and proper but in the event that there should be no such children and in the further event that if there should be such children but the said Theodore should fail or neglect to give and devise the property to said children by will as aforesaid then ? in either of said events the said Mary by her last will and testament in writing give devise and bequeath all the premises aforesaid to such person or persons and in such proportions as to her shall deem meet and proper and upon the further trust that the said Henry S Rawls shall ? may from time to time sell exchange and dispose of any or all the premises aforesaid whenever the said Theodore and Mary shall by joint writing under their hands and seal so require and direct and the proceeds and issues of such sale or exchange to hold for the uses and purposes aforesaid. It being the true and express intent and meaning of these presents that the proceeds rents and profits only of all the aforegranted premises shall be applied to the support and maintenance of the said Theodore and Mary but that the principal stock aforegranted by it real or personal shall always be held as an inviolable fund and shall inn wise be lessened or diminished and especially that the increase of the slaves shall be taken and held as a part of the original stock on in the same manner. And the said Theodore P Marion on his part covenants and agrees to and with the said Henry S Rawls that he shall stand sized and possessed of all the aforegranted premises for the uses and purposes aforesaid that the same shall in nowise be liable for any of his debts now or hereafter be contracted and that he will never sell of dispose of any parts thereof but that whole of the said original stock be it real or personal shall be enviably held for the use and benefit of the said Theodore and Mary and their children as aforesaid and that in the event of the death of the said Mary without children then the whole of the said estate both real and personal shall after the death of the said Theodore go to the legal representatives of the said Mary or to such person or persons as she by her last will and testament shall direct. And the said George Rawls as guardian for the said Mary covenants and agrees to and with the said Henry S Rawls that he will assign to vest in and deliver over to the said Henry S Rawls the full share portion or dividend of the said Mary in the estate aforesaid for the use interest and purposes aforesaid. And the said Henry S Rawls for himself his heirs executors and administrators doth hereby covenant to and with the said Theodore P Marion and Mary F Rawls severally and jointly and with their several and respective executors administrators and assigns and to and with all and every person now or hereafter to be interested in the premises that he will faithfully and truly perform and fulfill from time to time and at all times all and singularly the trust aforesaid according to the true intent and meaning of these presents and that he will not waste injure or convert to his own use or suffer to be wasted or injured any stock or other property which shall come into his hands by virtue of the trust aforesaid but will in all things faithfully manage the same to the best advantage of all parties aforesaid have hereunto set their hand and seals the day and year first above mentioned. Attested: Lamech Rawls & Claiborne Cato Signed: Theodore P Marion, Mary F Rawls, George Rolls, & Henry S Rawls