This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
This contract entered into this --------- day of ---------, ID-, by and between
A. B. and C. D.. both of ---------,---------, Witnesses:
That whereas, the parties hereto contemplate a marriage with each other, and the said A. B., is seized and possessed of property of value, both real and personal (and has --------- minor children, the issue of a former marriage) and desires to make suitable provision for said €. D., in lieu of dower in his real property, and in place of any year's allowance,- homestead or other share in or distribution of his personal estate, and of any and all other rights or claims of the said C. D., as widow, heir, survivor, or next of kin of the said A. B.
Now, therefore, in consideration of said marriage and of the covenants of said C. D., hereinafter contained, the said A. B., hereby promises and agrees to pay to the said €. D., immediately after the solemnization of said intended marriage, the sum of --------- dollars ($---------), the same to be and become her individual property.
In consideration of the payment to her of said sum, the said C. D., hereby covenants and agrees that the same shall be in lieu of any and all rights or claims of dower, inheritance and descent in and to the real property of said A. B., now owned or hereafter acquired, and in lieu of any and all rights or claims to a distributive share of his personal estate, now owned or hereafter acquired, and of all claims for an allowance for a year's support, and in lieu of any and all other rights or claims in or to the estate of said A. B., which may, in any manner, arise or accrue by virtue of said marriage.
And the said C. D., for the consideration aforesaid, does hereby release, remise and relinquish unto the said A. B., and unto his heirs, devisees, persona) representatives and assigns forever, all of the interests, rights, and claims hereinbefore mentioned and set forth.
And the said C. D., further agrees to execute and acknowledge, upon request of said A. B., or of his heirs, devisees, personal representatives and assigns, any and all proper instruments of release or conveyance to enable the said A. B., or his heirs, devisees, personal representatives or assigns, to bargain, sell and convey or otherwise dispose of any and all real estate, now owned or hereafter acquired, free and clear of any real or apparent right of vested or contingent dower therein.
In witness whereof, etc.
For specific performance of ante-nuptial contracts, see Sec. 3342. For the necessity of written evidence, see Sec. 1250. For cancelation, see Sec. 3414.