Thomas J Wallace and Arrena Mayes - Prenuptial Agreement - Deed Book A Page 374
This indenture made this 19th day of May in the year of our Lord one thousand eight hundred and thirty two between Thomas J Wallace & Arrena Mayes both of the County of Hickman and state of Kentucky. Whereas there is a marriage intended to be shortly hand and solemnized between the said Thomas J Wallace and Arrena Mayes now this Indenture Witnesseth that for an in consideration of the aforesaid marriage and provided it doth and shall take place then in that event the said Thomas J Wallace covenants and agrees to and with the said Arrena Mayes and by these presents doth bind himself that all the title that he may derive to any property real personal or mixed or any other she may hereafter acquire by gift, grant demise or purchase or in any other way in consequence of said marriage to let permit and suffer and it is hereby covenanted and agreed to by the said Wallace that the said Arrena shall have possess and enjoy all the property that she now has or owns and other money or property she may acquire by purchase or otherwise to her own separate use and benefit freely fully and completely as if she were a femme sole or an unmarried woman in the same manner that she might or could have possessed owned or done in case the contemplated marriage had or should not take place and free and clear from any debts that said Thomas J Wallace now owes or here after may owe or contract and she the said Arrena May dispose of the same by deed will or otherwise with all her future earnings and the said Thomas further aggress to settle upon her five hundred dollars to be paid her in the following manner to wit to be paid to Drue Augustus Outlaw in Trust the above sum in ten Annual Installments in any way and in what kind of property or in money whichever she the said Arrena may direct and whereas in consideration of the aforesaid intended marriage shortly intended to be solemnized between the aforesaid Thomas J Wallace and the said Arrena Mayes and she being possessed of the following property to wit one tract of land containing one hundred and sixty acres lying and being in the county and state aforesaid and known as the south west quarter of section thirty township two range three west which tract or parcel of land was granted to John Mayes assignee of Samuel P McFall by the commonwealth of Kentucky and by him the said John Mayes willed to the said Arrena, also Jenna a female Negro slave about twenty years old and her future increase, and her two children to wit Lucinda about three years old and Sarah about eighteen also the following other property one cherry secretary, five feather beds and furniture, two head of horses, three head of cattle and a stock of hogs the number not known as well as one block and a variety of other articles consisting of all the house hold and kitchen furniture that the said Arrena is now possessed of and the said Arrena wishing to reserve to herself the separate use and control of the above named and described property and to possess and enjoy the same as fully and completely as if the aforesaid contemplated marriage were to not take place and free and clear of any debt or debts that the said Wallace now owes or hereafter may owe or contract and the said Arrena to have the complete control of the aforesaid property and the rights to disposed of the same by deed grant or gift or in any other way which she may think proper as fully and completely as a femme sole or an unmarried woman could or by law might do and for the purpose of carrying into effect the aforesaid contrack and to enable the aforesaid Arrena the separate use and enjoyment of the aforesaid property she doth for herself her heirs executors and administrators Grant bargain and confirm and doth by these presents convey unto the aforesaid property either real or personal in trust for her separate use as aforesaid and it is further expressed and stipulated by and between the parties to these present to wit Thomas J Wallace and Arrena Mayes that all the aforesaid or above described property entirely as well as the said annuity is bargained granted and conveyed to the said Drue Augustus Outlaw in trust as aforesaid and by these presents confirmed for the sole and entire use of the said Arrena as though the said marriage were not to happen or take place. In testimony whereof the aforesaid contracting parties have hereunto set their hands and affixed their seals this day and date first above written.
Witnesseth Thomas J Wallace {seal}
G W Humphreys Arrena (her X mark) Mayes
MP Bynum Drew Augustus Outlaw {seal}
Commonwealth of Kentucky, Hickman County Set
I Henry L Edrington clerk of the county court for the county aforesaid do certify that on the 19th day of May 1832 the foregoing contract or agreement between Thomas Wallace and Arrena Mayes was produced to me in my office and acknowledged by the said Wallace to be his act and deed for the purposes therein contained and proven as to Arrena Mayes to be her act and deed for the purposes therein contained by the Oaths of GW Humphreys and MP Bynum subscribing witnesses thereunto and admitted to record.
In testimony that I have recorded the same together with this certificate I have hereunto set my hand this 14th day of August 1832.
HL Edrington