Agreement barring all rights in property of other spouse, with exceptions in favor of wife.

 

Agreement is made this _________, 19__, between _________, a widow, of city of _________, state of _________, for convenience referred to as wife, and _________, a widower, of city of _________, state of _________, for convenience referred to as husband.

Recitals:

A marriage is about to be had between the parties.

Wife is seized and possessed of certain houses and lots in the city of _________, and certain moneys and negotiable securities not to exceed in amount $_____; and husband is also possessed of his home dwelling in the city of _________, and certain lands in _________ county, _________, and has lately conveyed to one of his sons by absolute deed of conveyance, certain lands in _________, and is seized and possessed of certain personal property, moneys, negotiable securities, and a business, and the aggregate of the personal estate owned by him does not exceed $_____ in value; and

The parties desire that the estate of each shall remain separate and be subject only to the control of its respective owner, as well after the solemnization of the marriage as before.

The parties agree as follows:

First. The estate of wife shall remain her separate property, subject entirely to her individual control and management, as if she were unmarried; husband not acquiring by force of the marriage, for himself, his heirs, assigns or creditors, any interest in it, or in the income, rents, profits and emoluments of it, or in the use or control of it, or any part or portion of it.

All the estate, real or personal, which wife may acquire or become entitled to in any manner, shall be held by her to and for the separate use of herself and her heirs, as stated above, and be placed beyond the control and management of husband.

Husband, in consideration of the marriage, and the further considerations set forth in this agreement, will waive, release and relinquish to wife, her heirs and devisees, all the property right, community estate, homestead and dower interest in the real estate which she now possesses or may acquire, or in any manner become entitled to, of which he may become vested by force of the contemplated marriage, and at all times during the coverture of wife, permit her to control and manage her real and personal estate, at her own separate discretion, free from his interference or control and for her own separate use. Husband agrees with wife, her heirs and assigns, that he will warrant and defend her estate and property, to wife, her heirs and devisees against himself and his heirs forever; that he will permit her to dispose of the same by will as she may desire, and that he will not in any manner interfere with her action in it.

Second. In consideration of the marriage and the further considerations set forth in this agreement, all of the real and personal estate of husband shall remain his separate property, subject entirely to his individual control and management, as if he were unmarried; wife not acquiring by force of the marriage for herself, her heirs, assigns or creditors, any interest in it or in the income, rents, profits and emoluments of it or in the use or control of it, or any part of it, so long as husband shall live.

All of the estate, which husband may acquire or become entitled to in any manner, shall be held by him to and for the separate use of himself and his heirs as stated above, and be placed beyond the control and management of wife.

Wife, in consideration of the marriage and the further considerations set forth in this agreement, will waive, release and relinquish to husband, his heirs and devisees, all the property right, community estate, homestead and dower interest in the real estate which he now possesses or may acquire, or in any manner become entitled to, of which she may become vested by force of the contemplated marriage, and at all times during the coverture of husband, permit him to control and manage his real and personal estate at his own separate discretion, free from her interference or control, and for his own use, and agrees to and with husband, his heirs and assigns, that she will warrant and defend his estate and property to husband, his heirs and devisees, against herself and her heirs forever. Wife agrees to permit husband to dispose of the same by will, as he may desire, and she will not, in any manner, interfere with his action in it, excepting only one-third of the personal estate of which husband may die seized and possessed, and one-third fee simple share and title in and to that portion of the real estate mentioned in this agreement as the home property of husband, in city of _________, which one-third of his personal estate and one-third of his _________ home he agrees to give her and which shall, at the death of husband, be and become the individual property of wife, and she agrees and elects to take the same in lieu of and in full release, discharge and satisfaction of dower, homestead, award, property right, community estate and any and all interest in the estate of husband to which she might at law or otherwise be entitled.

Witness our hands and seals the day and year first above written.

 

 

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