MONTGOMERY COUNTY, NC - COURT - Wm. Haywood & Henrietta Green Marriage Contract ************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. This file was contributed for use in the USGenWeb Archives by: Wayne Dunn HWDUNN@prodigy.net *************************************************************** Wm. Haywood & Henrietta Green Marriage Contract Wm. Haywood & wife to C. J. Bruton State of North Carolina Montgomery County This Indenture tripartite made, executed and concluded this the 10th day of December A. D. 1861 by & between Wm. Haywood of the County of Montgomery and State of North Carolina of the first part, and Henrietta Green of this county & state aforesaid of the second part, & Calvin J. Bruton of the County and State aforesaid of the third part, witnesseth that whereas a marriage is agreed upon and the blessing of God intended to be solemnized between sd William Haywood & sd Henrietta Green and whereas the sd Henrietta Green is legally and justly entitled or will be legally and justly entitled to one child’s part of her father Dudley Baldwin estate at his death, also she the sd Henrietta Green will be entitled to one child’s part of her mother Rebecca Baldwin’s share of the estate of her father Thomas Roper given to sd Rebecca Baldwin by the last will and testament of the sd Thomas Roper. The two above interests amounts to a number of Negroes and money, the names and amounts to ascertained at the time of the final division and whereas it has been stipulated & agreed between sd William Haywood & the sd Henrietta Green that the sd W. Haywood shall take hold use and enjoy the above mentioned property so long as they both the sd W. Haywood & the said Henrietta Green shall live and the survivors of them shall hold and use and enjoy the same so long as he or she may live and not longer, but that the said W. Haywood shall not convey any part of the sd property so as to defeat her the said Henrietta Green’s children of the inheritance that is to say the children that she now has or may hereafter have, notwithstanding the intended coveture of the sd W. Haywood & Henrietta Green, and that the above mentioned property shall not be liable for any of the contracts, ingaurants or obligations of the sd W. Haywood. Now therefore in consideration of the promises and the further consideration of the sum of one dollar to the aforesaid Calvin J. Bruton to the sd W. Haywood & the sd Henrietta Green in hand paid, the receipt whereof is hereby fully acknowledged & they & each of them fully satisfied & contented & paid the sd Henrietta Green hath bargained sold & conveyed & by there presents hath bargained & sold & conveyed & delivered & the sd W. Haywood hath released and confirmed & doth there presents, release and confirm unto the said Calvin Bruton his heirs, Exec, Admin the aforesaid personal property herein before mentioned to the uses, interests & benefits following, that is to say that the Calvin J. Bruton shall at any time and at all times whenever called upon by the children of the sd Henrietta Green, that she now has or may hereafter have, and after the death of both the sd W. Haywood & the sd Henrietta Green deliver to the children of the said Henrietta Green the above mentioned property & make good sure & lawful titles to the same by not until after the death of both the sd W. Haywood and the sd Henrietta Green, then it shall be by the sd Calvin J. Bruton conveyed and delivered over to the children that the sd Henrietta Green now has or may hereafter have or to so many of them as may be living, and if any of them shall not be living at the death of the survivors of the sd W. Haywood & Henrietta Green then to their legal representation as their sure, lawful & indefinable property In Witness whereof we have hereunto set our hand & affixed our seal, signed, and delivered. W. Haywood (seal) Henrietta Green (seal) Calvin J. Bruton (seal) In the presence of Dudley M. Baldwin March 1st 1862 When the foregoing Marriage Contract was offered for probate and the execution thereof duly sworn by the oath of Dudley M. Baldwin the subscribing witness Therefor it is ordered to be registered. J. S. Spencer, CCC K. H. McRae. Db