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Gardner Marriage Records

John Arrington and Sarah Gardner

1823 Marriage Contract, Nash Co., NC

This Indenture made the 14th day of April in the year of our Lord One Thousand Eight hundred & twenty three between John Arrington Sr. of the first part--Sarah Gardner of the Second part and James N. Mann of the third part all of the County of Nash and State of No Carolina. Witnesseth and declareth that whereas a marriage is agreed upon between the said John Arrington and the said Sarah, and is shortly to solemnized according to the rights and form by Law, usage long established; and whereas it is the understanding and agreement Solemnly bond by and between the said parties: that all the Estate real and personal of the said Sarah, as which may hereafter accrue to her shall be and remain her own separate use and enjoyment and subject to her disposition not withstanding the intended Marriage, and that the said Sarah's in the event of her surviving her said intended Husband shall not claim or demand any dower in the Lands or tenements of which the said John may be seized or possessed nor in the event afterward shall she Claim any distributives, share or proportion of his personal estate: except as herein after limited in Order to the due execution of the purposes aforesaid the said John Arrington in consideration of the promises as well as of the love and affection which he hath for the said Sarah, his intended wife and for the further Sum of Five Shillings to him paid by the said Sarah the receipt whereof is herein acknowledged hath bargained and sold given and granted and by these presences for himself and his heirs doth covenant to stand siezed of a Certain tract of Lands of James Hilliard as well as Other Lands of the said John and known as the Biris Griffm Tract containing one Hundred acres more or less to the use of the said John for life and from and after the determination of that Estate to the said Sarah for her life as a jointive in bar and Satisfaction of her dower and thirds in the Lands tenements and hereditaradties of which the said John may disseized or possess as well as in bar an do Satisfaction of her distributive share and proportion of the personal Estate of the said John and which may remain in the hands and possession of his Executors or administrators and from and after the ends of that Estate to the heirs of the said John forever--and the said John for himself and his heirs to herein covenant to and with the said James N. Mann that all the Land & tenements and chattel of the said Sarah or which may accrue to her during coverture shall be and remain to her separate use and do hereby give her full power and the said Sarah doth hereby reserve to himself to dispose of the same by any conveyance deeds or wills apt and sufficient thereof his disability of coventure to the contrary notwithstanding and the said Sarah doth hereby covenant with the said James N. Mann for herself and his heirs that in the event of surviving the said John she will forbear to claim or demand any dower or thirds distributive Share or proportion in and of the Lands or tenements goods or Chattel which may remain of or belonging to the said John; Excepting always such as the said John of his own freewill shall give and bestow on the said Sarah: and further Should the lands herein before limited to the said Sarah or any part thereof be recovered or evicted from her possession then she doth covenant and agree with the Said James N. Mann that she will accept Other lands of the said John equal in value to these so recorded which Shall be taken and accepted as her jointure in lieu of these recorded and Shall remain to her during her life as bar and Satisfaction in manner aforesaid in testimony of all which parties herein before mentioned have hereunto set their hands and affixed their seals & done at the County aforesaid the day and year above written and in presence of the witnesses hereunto subscribed.

John Arrington { seal }
Sarah x Gardner {seal}

Henry Arrington
Doctor M. Harper
James N. Mann {seal}

State of N. Carolina Nash County Court May Term 1823

The foregoing was duly proven in Open Court by the Oath of Henry Arrington Sen. a Sub. Wit. Thereto which on Mo. was Ordered to be recorded.

Attest ________ Blount CCC

And Registered by W. G. Whitfield PR

Source: Transcribed from a microfilm copy of Nash County Deed Book 3, pg., 446, by C. K. Wilson.
Submitted by:  Ken Wilson

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