Mecklenburg-Cabarrus County NcArchives Marriages.....Wharton, Cenia - Harris, Samuel 1868
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Connie Ardrey n/a December 11, 2011, 6:36 pm

N C Reports
State of North Carolina - Mecklenburg County

This contract, made this the 22nd day of June, A. D., 1868, between Samuel 
Harris, of the City of Charlotte, Mecklenburg County and State aforesaid, 
party of the first part, and E. Cenia Wharton, of the County of Cabarrus and 
State aforesaid, party of the second part, witnesseth:

Whereas, an agreement of marriage has been made between said parties, the 
rites of which are expected shortly to be duly solemnized in conformity to 
law: Now in consideration of the premises and the further consideration of the 
sum of $5.00 paid to the said party of the first part by the said party of the 
second part, the said party of the first part doth hereby covenant, stipulate 
and agree to and with said party of the second part, that he will set up no 
claim to any estate now owned by the said party of the second part, by virtue 
of his marital rights, which estate is believed to consist of an interest in a 
tract of land lying in said County of Cabarrus which descended to her as one 
of the heirs at law of her father, the late Alphonso Alexander, and about two 
hundred or three hundred dollars in moneyed assets, but both hereby release 
all rights and claims thereto, and doth hereby covenant to hold said estate 
upon the marriage, for the sole, separate and exclusive use and benefit of 
said party of the second part, and upon her death in the life time of said 
party of the first part, in trust for such purpose or purposes, as said party 
of the second part may indicate by writing in the nature of a last will and 
testament, and the said party of the first part doth further convenant, 
stipulate and agree to and with said party of the second part, that in the 
event she survives him, "then and in that case, she shall be entitled to the 
use, possession and enjoyment of a lot now owned by him, situated in said City 
of Charlotte, on Tryon Street, and known in the plot of said town as lot No. 
54, in Square No. 8, with all the improvements thereon, for and during the 
term of her natural life and at her death said real estate to descend to the 
hiers at law of said party of the first part," and in addition thereto, she 
shall have out of his personal estate in her absolute right the sum of one 
thousand dollars in money, and an additional sum of one hundred dollars to 
purchase a good horse, and a further additional sum of fifty dollars to 
purchase farming tools, one cow and calf and one year's provision for herself 
and family. The said party of the second part for and in consideration of the 
premises and the further consideration of the sum of $5.00, doth hereby 
convenant, stipulate and agree to and with the said party of the first part, 
that in case she survives him, that then and in that event she will not set up 
any claims for dower or year's allowance, or as one of the next to kin to his 
estate; but on the contrary, doth hereby release all dower, right of year's 
allowance, right as next to kin, or any other right or rights in and to his 
estate, to which she as widow, by law, may be entitled. In witness whereof the 
parties have hereunto set their hands and seals.

Testimony:

A. C. Alexander (Seal)
J. M. W. Alexander (Seal)
S. A. Harris (Seal)
E. C. Wharton (Seal)

North Carolina - Mecklenburg County
In the Probate Court

Be it remembered that the due execution of the foregoing marriage contract by 
S. A. Harris and E. C. Wharton, was duly proven before me, E. A. Osborne, 
Judge of Probate, for said county, by the oath and examination of A. C. 
Alexander, a subscribing witness thereto, and recorded in my office this the 
2nd day of August, 1872. Therefore, let said marriage contract and this 
certificate be registered.

E. A. Osborne
C. S. C. & J. P.

Additional Comments:
Contained in NC Supreme Court case S. A. Harris vs. Kate Russell, Feburary 
Term 1899

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