John H. Baker, Acknowledgement of Marriage Contract

John H. Baker and Nancy D. Brooking, widow of Samuel S. Brooking, were married in Green County by Rev. Johnson Graham on 14 Apr 1836. Nancy had inherited a considerable estate from her late husband and, according to this deed, the couple entered into a marriage contract prior to their marriage that was designed to ensure that her two daughters by Brooking received the benefits of his estate by reserving Nancy's inheritance to her and the two daughters.

In this 1845 deed, Baker acknowledges that marriage contract, and Sterling Barnard is identified as a trustee for Nancy to control her estate and protect it from the debts and obligations that John H. Baker had accumulated.

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This indenture made this 15th of January 1845, between John H. Baker of the first part, and Sterling S. B. Barnard as trustee for Nancy Baker, wife of John H. Baker of the second part, and the said Nancy Baker of the third part. Witnesseth that whereas John H. Baker, the party of the first part, purchased of Benjamin and Abner Collins two tracts of land in Bullitt County, Kentucky and held their obligations to convey the same, on the payment of the purchase money, and on which tracts of land said Baker built the Crooked Creek furnace and there is now a decree of the Bullitt Circuit Court to sell the tract of land purchased of Benjamin and Abner Collins, containing two hundred acres, being part of Monton's 500 acre survey, for the purchase money, and whereas Phillip Johnston has a debt against John H. Baker, being a judgment of the Jefferson Circuit Court for the sum of $___ with interest from the ___ day of ___ until paid and $___ costs of suit in the name of James Harrison and there is a bill now pending in the Bullitt Circuit Court to subject the interest of John H. Baker in the said land bought of the Collins to the payment of said judgment after the payment of the debt to the Collins for the purchase money and whereas there is a lease outstanding on said land and furnace to Jesse Craddock and by him assigned to Walter P. Lane and by him assigned to Nathan Evans and which lease has not been complied with on the part of the lessee, nor his assignees and whereas Smith and Rowland hold a mortgage on the engine at said furnace which has been paid but on which they set up a claim, but which said Baker says is unjust, and whereas by a marriage contract between the said John H. Baker and his said wife Nancy Baker, then Nancy Brookings, widow of Samuel S. Brookings, it was covenanted and agreed as follows:

"This marriage contract made and entered into this 9th day of April 1836 between John H. Baker and Nancy D. Brookings provides that whereas it is the mutual wish of both the parties that Catharine S. and Mary S. Brookings, infant heirs of Samuel S. Brookings dec'd, should have secured to them all the personal and real estate that the said Nancy is this day possessed of in any manner whatever, except the slaves reserved to her in a marriage settlement with Samuel S. Brookings dated the 4th of August 1826, which slave and their increase the said Nancy in this agreement reserves all the right, interest and control of to be disposed of as she may think proper at any time, and not to be subject to the sale of the said Baker or subject to the payment of his debts without the consent and agreement of the said Nancy. It is therefore for the purpose and consideration as above named that the right of disposal is also reserved to the said Nancy of all the property, money on accounts &c that may be on hand after a fair settlement of all just demands is hers and the payment of such of the debts as is yet unpaid by the estate of Samuel S. Brooking deceased. On testimony whereof we have hereunto set our hands and seals this day and date above written (signed) John H. Baker, N. D. Brooking. (witnessed by P. W. Hendrick, C. H. Holoway)"

And whereas the said Nancy Brooking at the time of said marriage contract was carrying on the powder works in Hart County and had a large stock of materials on hand for the manufacture of powder, and has other personal estate in possession, all which came to the possession of said John H. Baker and which he applied to his own use, and there was money due to her from the said John H. Baker and others, all of which the said John H. Baker has collected, kept and used, and which the said Nancy Baker, wife of the said John H. Baker, claims that the said John H. Baker should restore to her, and which in all exceeds $10,000, and for that purpose hath named the party of the second part as such trustee and who has agreed to act as such.

Now for and in consideration of said marriage contract, and of the conversion of the personal estate and money of his said wife to his own use without her consent, the said John H. Baker, the party of the first part, hath bargained and sold, and by these presents hereby bargains, sells and conveys to Sterling S. B. Barnard, party of the second part, the said 200 acres of land which he bought of Ben and Abner Collins in Bullitt County, and for the sale of which to raise the purchase money for the said Collins, there is now a decree of the Bullitt Circuit, and also for the adjoining 126 acres for which he holds an obligation for a conveyance without warranty including the Crooked Creek furnace and the engine and all the tools and implements on the premises.

To have and to hold the same to the party of the second part for the sole and separate use of the said Nancy Baker, wife of the said John H. Baker, free and clear from all his acts, and from all his debts and liabilities with authority to pay the debt to the said Collins for which there is a decree of the Bullitt Circuit Court as aforesaid, or procure it to be done; and said debt when paid by the party of the second part or any one at his instance, or when held by any assignee to be the first and prior lien on the said tracts of land, furnace and machinery.

And also in trust with authority to pay the said debt to the said Johnson on his agreeing to give one, two, there, four and five years for the payment in equal parts, and said Johnson to have a lien on said tract of land, furnace &c next after the debt of the said Collins on his giving the party of the second part a written contract to that effect signed in duplicate and with authority to procure an assignment of the said outstanding lease from Nathaniel Evans on equitable terms, and to give to said Evans a lien next after the said Johnson for the sum agreed to be given payable at such time and in such manner as may be agreed upon which shall be done by signing a contract with him to that effect with him or with his assignee, and to procure on equitable and fair terms a release of the mortgages of Jesse Craddock and Smith & Rowland, and to allow them liens for the sums agreed to be given, and with authority to lease out said lands and furnace and apply the proceeds to the payment of the debt to the Collins, and the debt to the said Johnson, and the sums agreed to be given for the assignment of the lease held by the said Evans, and also the mortgages by the said Craddock and Smith and Rowland.

It is also clearly and distinctly understood that the second part is not expected to make himself personally liable for any of the said debts, and that he is not to be personally liable for the rent, should he rent the premises if the tenants fail to pay the same, and that he may lease to any person or persons that the said Nancy Baker shall in writing direct, and that her receipt for the rent shall acquit the trustee from the payment.

And it is further agreed that said trustee is not expected to attempt to carry on said works for the benefit of the said Nancy Baker; and it is expected that he will rent the same as she shall in writing direct. The settlement with Nathaniel Evans, Jesse Craddock and Rowland and Smith not to be made without the written consent and directions of Nancy Baker. It is further understood that the party of the second part may agree with the said Johnson or his counsel or with any one else to purchase for him the trustee under this agreement, and when the debt of the Collins and the debt of the said Johnson is paid out of the rents of the property to reconvey to him upon the trusts herein declared, and he shall if possible provide that the property shall not be lost to Nancy Baker by a sale for the Collins' debt.

It is especially agreed that the claim of Nancy Baker, wife of John H. Baker, to the slaves secured to her by deed of trust and mentioned in the within recited marriage contract is not to be affected by this conveyance. It is agreed that the party of the second part in the written request of Nancy Baker shall convey the property to any trustee she shall designate on the like trusts as herein declared. In testimony the parties have hereto set their hands and seals. (signed) John H. Baker, S. B. Barner, N. D. Baker