The other day while searching for land records at Masslandrecords.com, I came across an interesting entry in the index. The marriage contract of Jerusha Gilbert, located in Deed Book 429, Page 461, is a contract between Jerusha, widow of Harvey Gilbert, and James P. Barr, agreeing that Jerusha will maintain sole control over the property she inherited from her late husband and any profits derived from it.
|Masslandrecords.com; Worcester County; Gilbert |
Here is a transcription of the contract.
James P. Barr to Jerusha A. Gilbert
This intention of the parts made and entered into this sixteenth day of November in the year of our Lord one thousand eight hundred and forty seven by and between James P. Barr of Brookfield in the county of Worcester of the first part, and Jerusha A. Gilbert of said Brookfield in the said county of Worcester of the other part Witnesseth that whereas the said Jerusha A. Gilbert seized to ___ ___ ___ heir of certain real estate and personal property situate and lying in said Brookfield a schedule whereof is hereunto annexed which schedule is hereunto signed by the said James P. Barr and the said Jerusha A. Gilbert upon the contract of which marriage the said James P. Barr hath agreed that if the same shall take effect then notwithstanding the said marriage he the said James P. Barr his executors, administrators or assigns shall not and will not intermeddle with, or have any right title or interest either in law or equity in or to any part of the rents issues + profits of the said real and personal estate of the said Jerusha A. Gilbert a schedule whereof is hereunto annexed but same shall remain contain and be the property of the said Jerusha A. Gilbert to her sole and separate use as she the said Jerusha a shall think fit + appoint free from the control and interference of the said James P. Barr. And the said James P. Barr for the purpose of making this said agreement effectual in law doth for himself his heirs executors administrators and assigns covenant to and with the said Jerusha A. Gilbert by these presents and in the manner following, that is to say, that if the intended marriage shall take effect, he the said James P. Barr shall + will permit and suffer the said Jerusha A. Gilbert to give grant and dispose of her said separate estate as she shall think fit in her lifetime and to make such will or other writing as aforesaid and thereby to give order or devise limit + appoint her said separate estate to any person or persons for ant trust use interest or purpose whatsoever, and also it shall an may be lawful to + for the said Jerusha A. at any time ___ after the said marriage shall take effect to commence any action or suit in law or equity in her own name against any person or persons for the recovery of any sum or fund of money now due or to grow due to her Jerusha A. on her said separate estate as aforesaid ______. In witness whereof we the said parties above named have hereunto set our hands and seals the day above written signed sealed in the presence of us.
James P. Barr (Seal)
Jerusha A. Gilbert (Seal)
Mary Ann Bliss
[Following the agreement is a schedule of property, including a farm of about 100 acres, real estate being the same lately owned by Harvey Gilbert the late husband of said Jerusha A who is now deceased.]
A marriage between Jerusha Gilbert and James P. Burr, took place on Nov. 18, 1847 in Brattleboro, Vt, just two days after the above contract was signed. I also found Jerusha's petition for guardianship of two of their children which states that she is the widow of James P. Barr.
Massachusetts, Worcester County, Probate Files, 1731-1881, images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1971-36434-9304-56?cc=2102083&wc=MV9V-16X:1055512501,1055526701 : accessed 30 Apr 2014), Worcester > Case no 3696-3781, Barnes, Samuel-Barrett, Danforth K, 1731-1881 > image 647 of 1113; citing Supreme Judicial Court of Massachusetts, Boston, Massachusetts.