Marriage Contract Between Samuel Smith WHEELER and Parene MILLS, widow of Hudson TABOR

Transcribed by Nancy L. Wright (c) May 12, 2000

Source: Lafourche Parish Civil Records, Lafourche Parish Court House,
Thibodaux, Louisiana  Deeds Book F. page 51, 23 Aug 2004

18 Feb 1829

Marriage Contract Between Samuel Smith WHEELER and Parene MILLS, widow of Hudson TABOR

Know all men by these presents, that on the day of the date hereof, before me, Peter Daspit, parish judge of the Interior parish of Lafourche, and fulfilling the functions of a notary public, in and for the aforesaid parish personally came and appeared - Samuel Smith WHEELER the legitimate son of the late James WHEELER and of the late Elizabeth, his wife, born in Montgomery County, in the state of Maryland, aged about thirty three years, of the one part and-- Parene MILLS, the legitimate daughter of the late John MILLS and the late Parene, his wife, born in the parish of West Feliciana, aged about twenty nine years, widow of the late Hudson TABOR, and natural tutrix of the minors beneath the age of puberty Ann TABOR, Mary TABOR, John Hammond TABOR, Julia TABOR, Martha TABOR, and Hudson  TABOR of the other part --- Which said appearers have agreed upon, sealed, fixed and established the civil (?) clauses and conditions of their marriage, which they intend to contract and to have celebrated today, as follows:---

Article the first: The debts due by and the mortgages inscribed or otherwise existing against the appearers respectively, _____ in dates to the celebration of the said future marriage, shall be paid by and out of the individual property of him or her who shall have contracted
accepted or recognized the said debt, or granted as acknowledged the said mortgage.

Article the second: The will of the appearers is that their said future marriage be governed by and subject to the community of acquits and gains, as regulated by the civil code of the state of Louisiana without any other in__fications or restrictions, than those hereafter mentioned.

Article the third: The said Samuel Smith WHEELER, brings in marriage a sum of two thousand two hundred dollars, represented by certain debts due him by sundry persons, over and above his personal property, books and smaller claims, which he does not deem proper to detail and which are sufficient to cover and pay the debts due him by the said WHEELER,
as it appears by a bit of the whole submitted to and examined by the said Parene MILLS---

The said Samuel Smith WHEELER who brings in marriage a land of two arpents, more or less, front by forty in depth, situate in the aforesaid parish of Lafourche Interior, on the right bank of bayou Lafourche, about twenty seven miles below Thibodauxville, bounded above by the land of Girod (?) brothers or the canal called Verret's canal, below by the lands of William FIELDS, it being the same which the said WHEELER did purchase of a sale made by the Treasurer of the State of Louisiana, and dated the eighteenth day of March eighteen hundred and twenty eight.----

Article the fourth: The said Parene MILLS, brings in marriage First The slaves Grace, Elsa, Mary Ann, Bernard, Susan, Martin, Louis Tom, Joe, Mary, Sophia, Kiss, Jack, and Gay, it being the same slaves and the increase of the slaves at the sale of her aforesaid father & mother, deceased, and whom she brought in marriage to the said TABOR, her first husband, deceased. ---

Secondly.  The following property described on the inventory of the estate of the late Hudson TABOR, deceased, taken by me the said judge, on the thirty first day of December eighteen hundred and twenty seven and on the eleventh day of January eighteen hundred and twenty eight, and adjudged to the said Parene MILLS on the advice of a family meeting
of the above named minors, by a decree of the court of probates, sitting in and for the parish last aforesaid, dated the twenty fifth of April eighteen hundred and twenty eight, to wit----- A plantation measuring three arpents more or less front, by forty in depth, situate in the parish last aforesaid at about one mile below Thibodauxville, bounded above by the lands of Eugene BOYER, below by those of Desire BOYER---

Another plantation, measuring four arpents and three fourths of an arpent, more or less, front by forty in depth, situate at a small distance above the former, and bounded above by the lands of John MILLS below by those of Urbain POCHE.  The Negro woman Charlotte and Milly and all the personal property, effects, claims and demands generally, which are mentioned on the aforesaid inventory, except the lots number thirty nine, seventy, seventy one, seventy two and seventy nine, which were alienated by the said Parene MILLS, to satisfy some of the debts due by the estate of the said TABOR.  The slaves described in lots number eighty, eighty one and eighty two, lately reserved by William TABOR, ____ and named, Rachel, Nathan, Montgomery, Allen and Ellick, amounting to four thousand and ____ dollars and forty cents and except likewise the following claims also described on said inventory, the amount of which has either been received by the said Parene MILLS and applied towards the payment of the debts of the aforesaid estate or is not recoverable on account of the insolvency or bad circumstances of the debtors, to wit: the claims against Joseph Paul BOURGEOIS, Antoine BRYANT and Pierre MOLAISON, John B. BOUDREAUX, James PORTER, John J. NEWELL, I. J. DOZIER, Ursin BOURGEOIS, Aaron HAINES, J. B. BERGERON, Parish Treasurer, Dorsey P. SWINDLER and the State Treasurer, am counting together to four hundred and thirty four dollars and seventy three cents.

The property and claims brought in marriage by the said Perene MILLS as aforesaid with the exceptions hereabove ______amount to the sum of sixteen thousand five hundred and seventy nine dollars and fifty cents it being the amount of the recapitulation of said inventory, after deducting the______ _____ exception.

The debts due by the said Perene MILLS according to the list of the same, substituted by her to the said WHEELER, amount to five thousand five hundred dollars, exclusive of the rights of the above named minors, if it should be proven that any thing is coming to them in the estate of the said Hudson TABOR, their father, deceased, and exclusive also of such other debts due by the estate, which are not yet ascertained and therefore not comprised on the schedule on file in the article of probates, which said debts are all to b satisfied out of the aforesaid property, brought in marriage by the said Perene MILLS---

Article the Fifth: The property brought in marriage by the said Parene MILLS, as aforesaid, as well as that which _____  to her, hereafter by ______ , donation, legacy, or other shall be considered as being paraphernal and extra datim, and the same shall be as _______ by the said WHEELER, and shall be alienable and mortgagable, by and with his consent.

Article the Sixth: In consideration of the ____________ and troublesome duties which will be incumbent on the said WHEELER as joint tutor of the above named minors, she the said Perene MILLS _______ all the exceptions contained in the article two thousand three hundred and seventy seven of the civil code of the state of Louisiana and consents that the ________, ______ as well as artificial of the property by her brought in marriage as aforesaid, be considered as acquits and gains of the community created by the second article of this act, even if it should be proven that said increase was due only to the ordinary coarse of things, to the size of value in property or to the chances of trade.

Article the Seventh: The survivor of the contracting parties above named, shall have during his or her natural life, the enjoyment and usufruct of all the acquits and gains of this said community and the said survivor shall ___ be bound to give the security required from unufructuaries

Article the Eighth: Whatever during marriage shall accrue to the said parties ______ by succession, legacy donation or otherwise, shall ________ as the individual property of him or her to whom it shall that have accrued

Article the Ninth: The said Perene MILLS hereby reserves as mortgage in the property of the said WHEELER, and on that of the aforesaid community, to secure her matrimonial rights resulting from this contract as from law.

This act done and passed at the domicile of the said Perene MILLS, to which I went on account of her bad health this seventeenth day of February eighteen hundred and twenty nine in presence of Edward D. WHITE and Henry F. KNOBLOCK who have signed with the parties and me the judge these _____ having first been read and fully understood. 

/S/ S. S. WHEELER                  /S/ Parene MILLS
/S/ E. D. WHITE                    /S/ Henry F. KNOBLOCK
/S/ P. DASPIT, Judge

Duly recorded from the original on file in my office the eighteenth day
of February A. D. eighteen hundred and twenty nine.