Mexico weekly ledger., 1900-01-04
rHz A D. srRArr WILL CASE,
Lydia 3. Nichols Suit Awakens KEN
Interest in the Western Part Of
Audrain County.


D. Epratt viii case Is agitating this
section Of the country a. few legal
casss ever have. Intense interest was
recently aroused BY the action Of
Lydia F. Nichols, formerly Mrs.
Herndon, who fled suit against the
Spratt estate for $500. The action
ls based on an alleged marriage con-
tract, dated In September, iSss.
The following is q copy Of the arti-
Gle submitted In evidence:
This agreement made the tenth day
of September, 1855, between A. d.
spratt, of the county Of Audrain, and
Lydia F. Hsrndon, OF the county Of
Audrain, Witnesseths Said parties,
IN consideration OF the marriage about
to be entered into bstween them, do
hereby agree that after and during
such marriage each Of the parties
hereto shall have, hold and use as bis
or her sole and separate property and
estate, free from the control or use Of
the other. Said parties further agree,
when called on by the other, to join
In the execution of any deed or any
instrument or writing OF the other. i,
A. D. spratt, bind myself, should ]
sarvive the party OF the second part,
to release the estate of the second
party from all claims / would have as
husband II 1t were not for the execu-
ton OF this contract, and ], Lydia F.
Herndon, DO bind myself, should l
survive the party OF the fret part, 10
release the estate OF the fret party
from all claims l would have therein
as wife Of the first party, except that
shall have q one-half interest in the
entire estate Of the first party, that
beng 3 share equal to that OF his child
Lizzie, now living, or II there should
after this marriage be other children
borned to him they shall share equal
with my daughter. /, A. D. Spratt,
do further bind myself, as I am not
Just ready for this marriage to take
place, on account Of my daughter,
who opposes our marriage, but l do
agree for this marriage contract to
stand good, and on the 25th day Of
December, 1883, I, A. D. spratt, and
Lydia ?. Herndon will be married II
we are living. /, A. d. Spratt, in
consideration that the party Of the
second part does bind herself to wait
on the first party until the 25th day
Of December, 1889, with the consider
alton that II ! do not fulfil the con-
tract at that day, Lydia F. Herndor
shall have the sum OF two thousand
dollars (s2, ,o0O) at any time thereafter
she may demand it, as q forfeit te
her; and If there are any expenses
attached to this contract /, A. d.
sprstt, agree TO pay all expenses thai
may occur. LYDIA F. HKRNDoN.
A. d. SPRATT.
Witness: W. E. Herndon.
At the time of making the alleged
contract Mr.. Spratt was q widowel
} and had been for q number Of years
and Mrs. Herndon was a widow
They resided some Eve or SIX mile
apart. She had three or four child
rem and two or three hundred acre
: of land, and considerable persona
property.
Notwithstanding the alleged con
r tract Mr.. spratt married Miss Rncke
B In November, 1890, and 1t appear
also that on March 7, 1892, Mrs. Hern
don married o man By name OF Smell
from whom she soon separated, an
they were afterwards divorced. Sine
: then sne married Mr.. Nichols, froE
whom she is now separated, but nc
divorced. Mrs. Herndon Is 9 woma
Of much more than ordinary shrewd
ness. She claims that Mr.. 5praI
brought her the form Of the contraS
and she copied it. II was evldentl
framed by lawyer, or is taken froi
form book, but 10 very badly di'
iointed in writing. The witness
the contract Is her SOD, then quit
small.
No man stood higher in the com
munity than Mr.. Spratt.