It's Mine, Not Yours

In the early 1800s a single woman enjoyed the same rights as a man to enter contracts and manage property. However, when a woman married, those rights merged with the husband’s rights. Legally speaking, the man and woman became one—and he was the one who had all power over property and contractual rights in the marriage.

A married woman could not legally own property even if it were hers before the marriage.  One Lawrence County Lady was having no part in this inequitable state of affairs.  When Mrs. Ann Turner Ashbrook decided to marry a second time in 1833 she had an early form of a prenup created to protect her rights. (While this document may not be the first in the county, it is the first one this researcher has ever found.)

Articles of Agreement between Thomas C. Bailey of Knox County Indiana

and Mrs. Ann Ashbrook of Lawrence County Illinois. Dated September 4, 1833

  Whereas a marriage is shortly intended to be solemnized between Thomas C Bailey and Mrs. Ann Ashbrook, it is therefore agreed and covenanted, by and between these two parties that Ann, widow of Thomas Ashbrook, inherited two hundred acres of land bought by said Thomas Ashbrook in his lifetime and all his personal property, all of which is supposed to be worth $1200.  The above property being exclusively to all intents and purposes the property of the said Ann Ashbrook.

And whereas the said Thomas also owns property of some amount, it is their wish and intention to keep their property that respectively belongs to each party as their own and at their own disposal at any time after their marriage as if said marriage did not exist and it is further agreed that in case the said Thomas dies first then his property shall belong to his heirs and that the said Ann shall do as she pleases with her own property which belongs to her. Both parties signed their name by their own hand.

 This document was filed with the Lawrence County clerk on September 29, 1833.

Editor's Note: The land that she had "inherited" from her first husband, had belonged to her father, Moses D Turner to begin with and her first husband had paid a nominal fee to her brothers and sisters to acquire it.