The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-07
ANTE.NUPTIAL CONTRACT.
Rather An Unusual Instrument Filed
for Record Yesterday.
THE PROPERTY ARRANGEMENTS.
Both Parties Prefer TO Manage sepa-
ra'eiy 1heir Property Interests.
Tho Othcr Provisions.

| Antc-nupt!al contracts arc not often
seen IN this part of the country. rhcy are
very common however. In England. and
more frequent tn the North than IN tn,
South. The following untc-nuptinl con-
tract between William W. Smith and no
borta Cecilia Howard. executed January
II. 1876, was filed y,steriay IN the county
clerks office:
The covenant rccitcs that the party of
the frs, part is possessed of property In
Texas and other States. which it is agreed
shall romain under his sole control during
the covortgre OF the parties and that
should they separate from any cause his
property shah remain his own. free from
any martial claims.
/, IS agreed, however. tina, should the
rarity o; the first part die before the de-
ccase of the said party of the second part.
aad While thoy are living together. tha,
tine party of the second part shall lie On
titled to and have the proceeds and in.
come OF ms property during her llfc. with
on, the r.sht to sea- or otherwise dispose
OF any oi 1t.
1t is further agreed that the party OF
the second part shall maintain. support
aud educate Whatever issue may result
from SAID marriage. and also Ruth Elmer
Howard, chilli of the sad second part,
10y former marriage. out of the rents.
lfoitS ana Income from said property
aud that when said party of the second
lnit 81 II die the principal OF said prop
CITY shall descend to said living issue Of
snii nariide" and said Ruth Ein"r How
ara. sharo and share alike.
1T r. also agreed that the property held
hy tho party Of he second part AZ tho
time OF the marriage shall remain under
her solo control and manng,mcni during
the oovrr;vre.
1t is fnr,her agreed that should the par
tics Separate tho property OF tho second
rrfty sAAn rcirHen hers. free from my
niutfrI cnims al the party OF TIA" first
lat. ana mat She may sell or convey the
.tusH VI, Cls" ui her d,Ith lc shall not
htsv amy Interest IN her SAID prop rty.
AS courtesy or otherwise. and II shan Dc"
tcrrd, froe # IN any claim 10y HIM. to thu
hcis OF 'he second party
II Is agreed however. that should tho
sctoud party die before tn" dcrca-" Of thu
said nrst party rnd white they are living
tog thor. ID. PARTY If the first part shall
have tn. right TO enjoy the snmr duy!ri;
HIS lif'llwe Il ls stipulated that sni1 fssi
inriN shall maintain support aud "liira g
whatever issue may result from said mar
uId share hlik-, and In cnsc Their" Is NJ
such living ISSUE TO said Ruth Elmer How
a5d
1t f.; agreed tat in casr there Is no Is
sue pr that there t. issuc and the earne
snuuld die before deccnsc oi both Inc par
tios hereto without dos, .n1lnts. and in
ease the sa'd Ruth Elmer Howard should
IL" without descendants before the death
of both parties hereto thon the party sur-
viving this contract shall have all his or
her rrpnrrty tina. was The property Of the
party WHO r,i.iv hav" died or in case There
IT, lip r. ne from tho marriage and SAID
iuulh Nltr Howard shall die before either
OF tho parties hereto then and In that
case the property II either party hereto
who may first die shall descend to and
become IN" absolute rroreriv OF the PARTY
who may survive. shoGld they be living
together as In band anil wife. otherwise
tus contract 10 ho void.
In "a @ nf tho death of Mrs Howard
hrf"fe Mr. Smith I Is stipulated thar
toe. without bond, Tor Ruth Elmer How
arl II she IL lying
Ilorc rs added u rrovision that nftcr
mhitlage they shall purchase home to
y" -" property ~ Mr.. Howard. and tho
iurlhcr hgf" mont that ~ soon after mar
riaEc nH prnotirAl,'c they win each mniso
th'lr last VIII nnd testament In conform
ity 20 the above covenant