The State of
Texas
County of
Travis
Know all men
by these presents, That we, James Manor and Mrs. M. Burditt, entertaining a
mutual affection and regard for each other, and in order that the happiness and
welfare of both may be promoted, Do make and execute this marriage contract,
and as we both have children living, to prevent any difficulties or trouble in
regard to property, in the event of the sudden death of either party, We do
hereby make the following contract jointly, as to the disposition of our
property and estate.
1st,
All property, both real and personal, owned or claimed by Mrs. M. Burditt at
the date of her marriage with James Manor, and that which she may acquire afterwards,
by gift, devise, or descent, including the rents and profits of land and money,
and all the increase of livestock, shall remain as her separate property,
subject to her control and management, and the rights, interests, uses or life
time estate there in granted to the surviving husband by law, are hereby
released, relinquished and granted to said Burditt (and her children at her
death) by said Manor.
2. All
property, both real and personal, owned or claimed by James Manor at the date
of his marriage with Mrs. Burditt, and that which he may acquire afterwards, by
gift, devise or descent, including the rents and profits of lands and money,
and all the increase of livestock, shall remain as his separate property,
subject to his control and management, and the rights, interests, uses or
lifetime estate therein granted to the surviving wife by law, are hereby
released, relinquished, and granted to said Manor (and his children at his
death) by said Burditt.
In making
this marriage contract and relinquishment of rights mutually, at our marriage
we desire to remove all reason for difficulties that so often occur in the
second marriage, between different children, and to provide for and indicate
the disposition we wish made of our separate property, in case of the unexpected
death, without a will, and each one makes this a portion of the marriage
contract - - should a child or children
be born during our marriage, it or they shall be provided for and receive of
our separate property one half of a child’s part, and of the common property
shall share equally with our other children, and the community property acquired
by us during marriage, shall at the death of one be equally distributed among
our heirs, the survivor taking only a child’ s portion.
During
marriage James Manor will provide for the support and maintenance of his
family, and in no way interfere with the separate property of Mrs. Burditt, his
wife, the same being left to her control, to be used by her in the education,
support and maintenance of her children, who are minors at the date of our
marriage. We each of us reserve the right at a future time, to make a
supplemental will, indicating the manner we wish our separate property to be
divided among the children of each one. But should death of either one occur suddenly,
leaving no will, then this shall be probated as the will of the deceased, and
the property owned by him or her to be divided between the children of the
deceased.
In witness
of which we hereto set our hands and seals, this the 20th day of
September, A.D. 1866.
R. H. Taliaferro James Manor
J. G. Wheeler Missouri Burditt
R. H. Taliaferro was the minister who performed the marriage ceremony.
J. G. Wheeler was the Clerk of the Travis County Court where the contract was filed.
James Manor and Missouri Burditt had no children born to them during this marriage.
James Manor and Missouri Burditt had no children born to them during this marriage.
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