Agreement where both husband and wife have been married before and have children.

 

Each of the parties has been married and each has children by former marriage. Each of the parties has property, real and personal, and they desire, in contemplation of entering into a marriage contract, to settle and adjust all property rights that each may have or claim in the property of other, and determine and declare what rights, if any, each of them shall have in the property of other, in view of the consummation of such marriage contract, in case of the death of either after such marriage contract is entered into:

Therefore, in consideration of the marriage contract proposed to be entered into by the parties, husband agrees with wife that in case she survives him as his widow she shall have the use and enjoyment of the real property situated in _________, _________ county, state of _________, and described as _________, for the full term of her natural life. She shall also receive from his estate $_____, to be paid to her within one year after his death.

The giving and granting of the use of the property to wife for the term of her natural life and the payment to her of $_____ out of the estate of husband as above agreed, shall be in lieu of all claims that wife, as surviving widow, might have or make or claim in the estate of husband, and shall be in lieu of all claims for dower in any real estate of which husband may die seized, and in lieu and satisfaction of any claims she might have or make in or to his estate, and that all the real and personal property of which husband shall die seized, except as to the real property above described, and all personal property of which husband shall die possessed, except as to the sum of $_____ above provided, shall descend from husband to his children or as he may direct by will, the same as if the contract of marriage contemplated had never been entered into and the same as if husband had left surviving him no widow.

All the property, real and personal, of which wife may die seized and possessed, shall pass to and descend to her children by her former marriage, or as she may direct by will, without any right or claim made by husband as surviving husband, and husband, in case he survives wife releases and discharges any and all claims that he, as surviving husband, might have or make to any of the estate of which wife may die seized or possessed, be the same real, personal or mixed, including all dower rights or other rights that he could have or claim or make.

This antenuptial agreement is executed by the parties in duplicate and delivered by them on the day and year above written and before the consummation of the marriage contract between them.

In witness the parties set their hands and seals the day first above written.

 

 

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