Location: Union, Kentucky, United States
Surname/tag: Clements, Harris, Berry
1849 Agreement between Patrick Clements & Matilda Harriss. Kentucky, Union County, Deed Book K, pp. 116-117, County Court. 14 November 1889, Digital images 395-396 to 625, FamilySearch.org, (: accessed 30 April 2021)
The following agreement this day entered into by and between Patrick Clements and Matilda Harris Witnesseth that the said Matilda for and in consideration of the promise and covenants herein after to be expressed and set forth hath agreed and promised to and with the said Patrick that she the said Matilda will on the first day of May 1849 intermarry with him the said Patrick and the said Patrick for and in consideration of the law promise herein made by said Matilda and in consideration of the covenants and promises herein after to be made and exproposed by her the said Matilda doth covenant, promise and agree- 1st that he will protect and support the said Matilda for and during the time they both shall live as husband & wife in a manner suited to their condition and circumstances in life..
2nd That he the said Patrick will intermarry with her the said Matilda on the first day of May 1849 aforesaid.
3rd That all the personal property of which the said Matilda is now possessed an that she may at any time acquire by purchase or descent shall continue to be vested in the said Matilda as of her own property in the same manner and to the entire extent that the same would be should the said Matilda remain & continue unmarried- and the said Patrick hereby binds his heirs, Administrators & Executors to the ??act performance of the covenant.
4th The said Patrick further covenants & promises that he will pay all past & reasonable charges & expenses of the tuition and support of Rosella Huits a sister of said Matilda, during the attendance of said Rosella Hite at school which may be for two years or more, which said expenses of the said Rosella are to be paid and of the proceeds and profits of the real estate of the sd Matilda which she now owns land and negroes.
5th The said Patrick further covenants and agrees that should the following slaves towit, George, John, Rachel & Priscilla, belonging to the estate of Aaron Harris dec’d be sold under a decree in Chancery as otherwise that said Matilda shall at all times as well after as before marriage have the same power and right to purchase the said last mentioned slaves as she would in the capacity of an unmarried woman and the same if purchased by said Matilda through her agent or otherwise shall vest in her as her own property in the same manner and to the same extent as though she were unmarried and the said Patrick further covenants and agrees that he will furnish money for the purchase of said slaves as aforesaid should they be sold, except some $300 or $00 more or less which belongs to said Aaron Harris’ estate and is now in the hands of Isaac Hollingsworth.
6th The said Patrick further covenants & agrees that he will pay all just debts and claims which may be brought or produced against the estate of Aaron Harris, but the said Patrick is not to pay any of the said last mentioned debts and claims out of his money or property but only out of the profits of which may come to his hands arising from the use of the lands and hire of the slaves of the said Matilda.
And the said Matilda further covenants and agrees that the whole of her personal property, heretofore mentioned which she now owns an may hereafter acquire shall be used by both said parties in the family during the time they shall live together as husband & wife.
And that the said Patrick shall also have the use and control of the profits rent and hire of the land and negroes of the sd Matilda with the exceptions heretofore mentioned and the said Matilda further covenants and agrees that the said Patrick shall be fully reimbursed for whatever money he may advance for the purchase of the four slaves aforesaid and should the said Patrick die before he shall have received the full amount this to be advanced for said purchase then the said Matilda covenants with his heirs, Executors and Administrators that she will pay the residue thereof from the hire of her negroes & the rent of her lands as will pay the same herself.
And the said Matilda covenants and agrees that she will never claim any right of dower in any lands which the said Patrick now owns or which he may at any time hereafter acquire in any way whatever & that she will never claim in any way any of the personal estate of which said Patrick in now possessed or that he may hereafter acquire but she hereby fully and freely relinquishes forever any such claim of dower or other interest which she might under any circumstance have in the real or personal estate of said Patrick.
Signed with own hands this 30th day of April 1849
Commonwealth of Kentucky Union County Sct
I James R Hughes Clerk of the County Court for the Court aforesaid do certify that this agreement between Patrick Clements and Matilda Harris was this day produced to me within the County aforesaid and acknowledged by the said Patrick Clements and Matilda Harris to be their act and deed and was thereupon together with the certificate duly admitted to record in my office.
Witnesses my hand this 30th day of April 1849
James R Hughes Clk