Note: The original copy is located in the Special Collections at Tennessee Tech University, Cookeville, TN 2002. This transcription was done by Anna Moffitt from a photocopy of the original. Spelling, punctuation, and grammar depicted as deciphered -- no correction made except paragraphs inserted for ease of reading. Original is one paragraph. Copies of original signatures of witnesses are included as they could not be transcribed.

Article of agreement and marriage contract made and entered into the 3 day of February in the year of our Lord 1825 between Robert Cooke and Sarah Sawyer both of the State of Tennessee and County of White - Witneseth - that the said Robert Cooke beinga a widdower and the said Sarah Sawyer being a widdow and possest of Considerable property the estate of her deceased husband Elijah Sawyer and having six Children at the death of her said husband and being dezirous that her said Children should have and possess the property their father left at his death and the sais widdow at the request of her said deceased husband agreed to take a childs part of the said Estate as her right of dower which part she retains in her own hands as her portion to her intended husband Robert Cooke -

And whereas a Considerable part of the Estate of the said Elijah Sawyer deceased is in notes not paid up - and some not yet due - it is therefore by this agreement understood that the expense of collecting all the debts due the said Estate be discharged and paid out of said money as collected = and when three of the children of the said Elijah Sawyer being small and having not been educated - is herby understood that the expence of education of the said three children be paid out of their part of the said Estate =

and whereas the said Sarah Sawyer did administer upon the Estate of her said deceased husband = and is appointed guardian to said children = and George Pirtle and Christopher Swindle her sureties as guardian to said children and it is hereby understood that the profits {if any} arising from administering upon the Estate and guardianship of said Children of the said deceased together with the amount of her part of the Estate on the day of the marriage of the said Sarah Sawyer to said Robert COoke to become with her the right of said Robert Cooke during the natural lives of said Sarah Sawyer and Robert Cooke =

and it is hereby understood that in case of the death of said Sarah the intended wife of said Robert Cooke then and in that case all papers and securities of any money or property that may at that time be in the hands of said Robert Cooke belonging to the children of the said deceased to be given up to the George Pirtle and Christopher Swindle sureties of said guardian =====

And whereas the said Robert COoke possessed of considerable property consisting of land Negroes and stock of difrent kinds and household and kitchen furniture in great plenty = and having twelve children by his deceased wife and being dezirous that his said twelve children should heir and possess his said Estate at the decease of him the said Robert Cooke =

It is therefore agreed and to be understood that if the said Sarah Sawyer the intended wife of him the said Robert COoke should live till after the decease of her intended husband Robert Cooke = then and at that time she is to relinquish all her title and Claim of Dower to any part of the said Cooke Estate = and to become a legatee and to have a good and lawful right to one thirteenth part of all the amount of the sales of the said Estate having a right to bid at the sale for any piece of stock or furniture she may think fit and in no wise to prevent the most profitable sale of the property that may be had as soon as the Executors or administrators of the said Robert Cooke may think best = and this to stand as a marriage contract binding on both parties unless otherwise provided for by the will of the said Robert Cooke at the time of his Decease

In witness whereof we have hereunto set our hands and affixed our seals the day and date above written

Signed and acknowledged Robert Cooke Sarah Sawyer in presence of (illegible signatures -- see below)

Transcribed from a scanned image of The Upper Cumberland Researcher, provided by Lori Williams, by Dean McGee on July 10, 2005