An Early Prenuptial Agreement
While transcribing Probate Book C in the Circuit Clerk’s office in Marion, Charla Schroeder Murphy and Helen Sutt Lind came across the following. At a time when women had very few legal rights, it is a very unusual instrument.
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Probate Book C, Page 272
In contemplation in uniting soon in holy matrimony the undersigned Jeremy Bard and Martha F. Kiser in order to more clearly define the rights of each and to extend the rights of the wife in the inheritance of the husband’s property as well as in the present rights do hereby agree to contract to follow to wit:
In consideration that the said Martha Kiser will unite with Jeremy Baird in the holy bonds of matrimony and to him all lawful commands cherishing him in sickness and health, the said Jeremy Baird agrees to let her continue to own in her own rights as her sole and separate property and to have the absolute use possession and control of the same all the real estate and personal property she now owns and possesses or may own by the time they marry.
He further agrees to assign to the said Martha Kiser to be held and owned and controlled by her and for her own use and benefit as her sole and separate property free from the said Jeremy Baird and his creditors during her co-venture the following property to wit here: three heads horses, one milk cow, 20 heads hogs, 1 bed and bedding, 1 safe and table, 1 two horse wagon, 1 molasses mill, 1 tobacco press, 200 bushels corn, and 2000 lbs. seed cotton all this being property owned and possessed by the said Jeremy Baird.
This contract to go into effect with the marriage of the two, 10 Oct 1872, signed by us, same date. Jeremy Baird Martha Kiser
Editor’s note:
Jeremiah Baird and Martha F. Kiser were married 13 Oct 1872 by John Gold, Minister of God, in Williamson County, Illinois. I cannot find them in any printed Williamson County census.
(Published in “Footprints”, Williamson County Historical Society, Volume 8, #2, 2005)