Edgecombe County, NC - Marriages - Scarborough, James and Eason, Martha File contributed for use in USGenWeb Archives by Jo Webb Marriage Contract Between James Scarborough and Martha Eason This indenture made the 18 day of November in the year of our Lord one thousand eight hundred and twenty three between James Scarborough of the one part Martha Eason widow of the second part and John R Scarborough of the third part all of the State of North Carolina and County of Edgecombe. WHEREAS by Gods permission a marriage is shortly to be solemnized between the said James Scarborough and Martha Eason and whereas the said James Scarborough at the time of executing hereof is possessed of interest in and entitled to a tract of land and plantation with its appurtenances and also a considerable personal estate and whereas the said Martha Eason is also at the time of executing hereof possessed of interested in and entitled during her life to a plantation and land together with a considerable personal estate - and whereas upon the treating previous to the said intended marriage it hath been and is by these presents agreed between the said James Scarborough and Martha Eason that there said personal and respective estates both real and personal should be by them granted and conveyed unto the said John R Scarborough his executors or administrators to for and upon the several uses and subject to the several trusts intents and purposes in such manner as is here in after mentioned limited ----- and declared of and concerning the same respectively Now this indenture witnesseth that in pursuance and in ---- performances of the said recited agreement and his consideration of the said intended marriage also for and in consideration of the sum of five shillings to him the said James Scarborough in hand paid by the said John R Scarborough before the executing of these presents the receipt whereof is hereby acknowledged and for ----- other good and valuable consideration here thereunto moving he the said James Scarborough by and with the knowledge consent and privileges and approbation’s of her the said Martha Eason his intend wife testified by her being a party and executing these presents hath granted bargained sold and confirmed and by these presents do grant bargain sale alien and confirm unto him the said John R Scarborough his executors or administrators of the estate of him the said James Scarborough both real and personal whether in possession or in action to which the said James Scarborough before the time of executing these presents hath any right title or interest whether in law or equity in as full and ample a manner as if every article thereof was herein particularly enumerated it being the clear intention of these presents to have the whole estate of the said James Scarborough agreeable to the uses and trusts herein after expressed and declared. And this indenture further witnesseth that in pursuance and part performance of the said recited agreement and in consideration of the said intended marriage also in further consideration of the sum of five shillings to her in hand paid by the said John R Scarborough before the execution hereof the receipt whereof is hereby acknowledged and for --- other good and valuable considerations here thereunto moving she the said Martha Eason by and with the knowledge consent and approbation of him the said James Scarborough her said intended husband testified by his being to and executing these presents hath granted bargained and sold and by these presents do grant bargain and sell unto the said John R Scarborough his executors or administrators all the estate of her the said Martha Eason whether real or personal in possession or in action it being the clear intention of these presents to --- the whole estate of the said Martha Eason in as ample a manner as if they were herein particularly enumerated and setforth agreeable to the uses and trust herein after declared and --- to have and to hold the said several bargained premises and every part and parcel thereof with thus several and respective appurtenances unto the said John R Scarborough his executors or administrators to for and upon the several uses and trusts and subject to the several limitations and agreements herein mentioned and declared of and concerning the same respectively that is to say as to the estate hereby conveyed by the said James Scarborough and every part thereof with these appurtenances to the use of him the said James Scarborough, his heirs executors administration or assigning until the solemnizing of the said intended marriage and from and immediately after the solemnization there of in trust to permit and suffer the said James Scarborough and his assigns during his life to receive and take possession of the property itself and all the rents ---- and profits of the last mentioned premises and every part and parcel thereof to and for his and there own rise and benefit and to sell and convey the said last mentioned premises or any part thereof from time to time as he may think fit. But should the said James Scarborough omit to make a disposition of his property in his life time then the property and estate by him herein granted and conveyed and all other property whereof he may be then possessed or entitled to shall remain ---- and --- to and be divided among --- his children agreeable to law without any interference or molestation whatsoever on the part of her the said Martha Eason who shall not claim or be entitled to any part of the last mentioned property hereby conveyed by virtue of her intended marriage with the said James Scarborough and shall be forever barred from any dower as proportionable part therein under the law and as to the estate hereby conveyed by the said Martha Eason any every part thereof with the appurtenances to the use of her the said Martha Eason her heirs executors, administrators and assigns until the solemnizing the said intended marriage and from and immediately after the solemnization thereof in trust to permit and suffer her the said Martha Eason not withstanding her poverture during her natural life to receive and take the rents issues profits and services of the last mentioned premises and every part and parcel there of to and for her own separate use and benefit in the same manner as if she was ---- and she the said Martha Eason not withstanding her coverture by any deed or deeds duly executed in her life time or by her last will and testament shall and may dispose of the whole and every part of the estate hereby granted by her at her own will and pleasure and in default of her making such disposition then said estate by her granted as aforesaid and every part and parcel thereof with the appurtenances shall remain go and --- equally to be divided amongst the children of the said Martha Eason agreeable to law without any interruption or molestation on the part of him the said James Scarborough his heirs executors administrators or assigns. It being the true intent meaning and agreement of the said James Scarborough and Martha Eason that each are out of the proceeds of their own separate property shall pay their own debts now and that neither shall have at any time any right or interest whatsoever in the estate of the other and the said Martha obligees herself in consideration of the premises to barred of any right of dower or her proportionable part of the said James’s estate but will be content with the use of her own as before limited subject to her own debts and the said James binds and obliges himself to suffer and permit the said Martha no with standing her coverture to dispose of the estate hereby limited by deed or will as before expressed in the same manner as if she was a fem sole and he the said John R Scarborough covenants and agrees that he his executors or administrators shall and will stand sured of the several estates herein before granted and conveyed to him to the several uses and upon the several trusts and limitations herein before ---- and declared and to no others use trust on limitation whatsoever. ============================================================== USGENWEB 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. 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