New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-01-03
AN HISTORIC CONTRACT.
MR.. FILLMoREs MARRIAGE SETTLEMENT.
FINDING TIE PAPER SIGNED BY HIM AND III h10
WIFE PREVIOUS TO THEIR WEDDING.

FINDING TIE PAPER SIGNED BY HIM AND BY HIS
wIfE PREVIOUS TO THEIR WEDDING.
BUFFALO, Jan. 9 Especial. Some documents
connected with the suit of George Gorhan as the exc
cutor OF the estate OF Mrs Carolnc Fillmore against
the ex-Presidents son, Willard Powers fllimorc' "clo
found this afternoon In the County Clerks Office Dr
Fillmore died in 1874 and mis- widow in 1881 Bo'h had
previously been married and Mrs. Fillmore was /"
wealthy Albany widow whose first husband, Mr. Mcin-
to H. had left her property They red into the
following agreement, which was fled with the other
papers
Articles OF agreement and settlement made December
81. 1857, between Willard Fillmore and Caroline e.
Mcintosh OF the city of Albany, witness as follows
BhereaS A marriage Is contemplated between the
parties and they being desrous and having agreed that
in the event OF having marriage the wife shall have
full power over and absolute control of AL the prop
erty real and personal which she may or to which
may be cnttle at the time OF the inermarriGc OF
the parties. or which she may afterward acquire
by gift devise bcques descent or otherwise daring
her coverturo in full and ample manner and with
the like effect as she sole ana unmarried subject
nevertheless to the conditions hereinafter expressed
NOw therefore, in order that this desire and Intention
may be carried l effect the parties do, for them
selves their heirs and administrators respec
lively mutually covenant ana agree with each other as
follows:
First-Durlng the continuance Of the marriage rela
ZION DcLWCcH tue pditf9' TIN NlAo S'i ''''N '''0
to invest her and the proceeds thereof in such
manner rs she may think proper and all cohveyances
and securities shall be taken in her own name ana De
subject to her disposition and controls except as herein
after mentioned the manner as II she were sole
and unmarried.
Secoad-The rents issues, profits income and proceeds
thereof including the annuity TO which the wife Is en-
titled from the estate OF her late husband. sAa!! De
received by the husband without being i'll any way
accountable therefor.
Taird-The wife shall be at liberty from time to time
during her coyerture, at her death, In case ber
husband survives her. by will or an Instrument
in the nature OF WILL any other manner 10 dispose
of much OF the principal hcresiate Not eXceeding
however, in the aggregate $4,000 as she may choose
all the remainder such principal, in case the husband
survives shall vest in him ana become absolutely ms
property unless the contingency next hereinafter ne
toned shall happen.
Fo,gi-In case tho husband survives the -wife, and
tLere shall be issue Of the marriage living
ut the timo Of her death, then during his life
he shall only receive the income, but the
whole OF the principal OF her estate except much
may been disposed OF by her in the manner hereE
before mentioned. and except hereinafter proyd d
shall at his death the property of such issue in
the same manner II the had been devised and
bequcathcd 20 such issue by a valid Will.
TIdh-In case tic wife survives the husband tho
principal OF her estate in whatever tho may con
s, shall be and remain absolutely vested her rs the
same now H. and she shall thereafter re clye to her
own use The rents, issues income aud prohts thereof
including tho Tho VIE shall aso IN Sc
she survives husband, have the sole and occu
paucy during lie. OF any dwelling house and pre-
misses which may owned BIZ tho husband aud occupied
As family residence az tho time Of his death. she shall
also be- entitled durng her life third part OF the
net income Of the estate which her husband may leave
al the time hts death after dednctns lXe', assess
pcnr insurance aud other charges. These provisions
shall Ice la lieu OF all claim OF dover other interest IN
his estate.
(signeD MHLAED FILLMORE
CAROLINE c. FILLMORE.