The most dependable records in the county of Bentheim in city, church or state archives are the marriage records. They were not given by survivors or neighbors but by the persons themselves. Marriage customs and restrictions shed a whole new light on the life of your forbearers. They may even give a clue as to why they emigrated to North America. Marriage contracts were set up by relatives at the time of the engagement or betrothal as it was called in olden days, before the actual marriage. The co-signers were responsible for the enforcement of the contract. Marriage restrictions were a form of population control. It must be kept in mind that all over Europe the population doubled during the eighteenth century. It was the lower class of the population, especially in the rural areas who had big families. If you wanted to get married, you had to have the parents blessing and the permission of the political and church authorities. Dr. Kuhle says in his book about the village of Uelsen that the marriage restrictions lasted until 1866. A pastor himself was held responsible for the support of poor bridal couples should they decide to sanction a forced marriage. So if you find children out of wedlock in your pedigree it probably is just as much a sign of poverty as anything else. The parents could have been denied an honorable marriage. 

Lambertus Scholten from Graafschap, Michigan wrote the life history of his father B. H. Scholten from Haftenkamp, county of Bentheim, Germany. He said his father came in the company of twenty-five bachelors in 1848. This is a clear sign of the situation in the homeland. Those bachelors had been surely candidates for the well-known title of "hofuncle". Emigration for them was far better than anything that was offered to them back home. A hofuncle and the female counterpart a "spinster" were unmarried relatives who worked, with almost no reward, for the good of the homestead. A hofunc1e might have his own bees or a few of his own sheep. Sometimes he was a teacher and trusted counselor to his nephews and nieces. A spinster would spin in the main room or in the bakehaus and work on the dowry of her nieces. Sometimes she helped out neighbor ladies in times of sickness or childbirth. Although the hofuncle and spinster were secure in their position, for they had food and shelter willed to them by their parents on the homestead, nobody looked forward to such a life. Emigration was a welcome alternative. 

Research in marriage records will also soon bring you to the marriage banns. This is something, which is practiced until this very day in Bentheim. A marriage bann is a proposed marriage intention, which is posted for two weeks in a box outside of the local courthouse. The intention of marriage has also to be announced at least two times from the pulpit of the respective churches. It has happened that there was intervention by concerned parties. Up to 1866 when the county became Prussian you had to prove to the village elders that you could support a family. This could be shown by being heir to a farm, having a craft or being a member of a guild. A normal laborer would have to show the opportunity and desire to work as well as efficiency. All this went on in the interest of the common taxpayer and churchgoer, in order to prevent poverty. 

Out of this dilemma came also the heuerman system. A heuerman was a cottage dweller who lived near the homestead. His house and land belonged to the farm owner. He and his wife had to work certain days and at harvest time on the main farm as payment for staying there. In church records they were always registered. For example, "Herm Gesler, Bramer's heuerman". There was a clear understanding that they were, just as grandparents, unmarried uncles and aunts part of the extended farm family. 

In the parish of Nordhorn it happened repeatedly that a heuerman and the second and third born sons of the farmer emigrated to the same area in North America. The oldest son of course usually inherited the farm as a going concern. If a farmer had only daughters it would be the oldest daughter, but her husband would be obliged to take on the surname of his wife and live with her parents. If a couple had no children they would adopt a nephew or niece but with the stipulation that she or he would also carry on the family name. Many farms in the county of Bentheim look back on an almost one thousand year tradition. The farm saw generation come and go, provided them home and shelter and assured their existence. They have their own history, registered by their landlords who were either the Count of Bentheim, the monasteries of Wietmarshen or Frenswegen or a nobleman who resided in the Netherlands. The farmers were serfs up to 1862. By that time they were usually redeemed for twenty-five times the yearly taxes. The period of serfdom is too long to be included in this book. It enforced the rule that the oldest son inherited his father's ownership. He was responsible for the aging parents and had to give his sisters and brothers a dowry" and inheritance as the following wills and marriage contracts spell out. 

The first document is a will of a childless couple about forty years of age. A few weeks after the will was drawn up the husband died. When the widow remarried her new husband took the name of her deceased husband as they lived on that property. The introduction to the will was in German and the will itself in Dutch. The second document is a marriage contract between Evert Dobben and Dele Borrink (courtesy of the Dobben family in Germany). The third is a marriage contract between Willem Lohmolder and Swenne Holsher. It is available through the courtesy of Joyce Seaman. The last document is the will of Steven Kaalmink and Dina Slaghuis. Five of the seven children named in it emigrated to Western Michigan between 1866 and 1882. The original letter has four one and a half stuber stamps on it. This will is published through the courtesy of the Zuverink Family of Fillmore Township.

We were asked by the married couple Gerrit and Fenne Lemmen to formulate and set up, in our position as judge and associates, a will and testament. That their last will should be written down, that whatever may, could or should happen, that every step and point should have legal power. That in a truthful way it should be signed by a certified court secretary. The document be stored and signed by the Judge and his associates and carry the seal of this court. 

Emlichheim the 16th of May 1783
Judge: von Beesten
            B. J. Reinink, G. J. Ruitman 

Testament of the couple Gerrit and Fenne Lemmen
In God's Name. Amen!

Several times have I, Gerrit and I, Fenne Lemmen, a married couple, living in the guild and farm community of Laarwald, thought of the vanity of life. Assuring ourselves that nothing is more certain than death and that we don't know when it will take us. So we have taken council and have come to the conclusion, that we in our present state of physical and mental well being should set up our own last will and testament. 

In this manner we will in a short way outline our wishes.

1.  We commit our souls into the merciful hands of our Creator and Redeemer Jesus Christ. Our bodies to the grave for an honorable funeral.

2.   Lemmen, declare my beloved wife Fenne Lemmen to be my only heir and I Fenne Lemmen, declare Gerrit Lemmen, my beloved husband to be my only heir. Nothing held back, he or she shall inherit, own, use, enjoy, if necessary put up for sale, the complete inheritance.

3.   Whatever is left of the inheritance, after the last one of us is gone, shall go to our nephew Jan Hendrik MeyerGeerds. We install him, with this statement, as our legal heir. He can use his inheritance as he sees fit.

This above statement is our last and sincere will. It shall be acknowledged as a legal document. If or any reason it should not be able to be carried out, we shall have the right to make some changes or set up a new document, asking the court in Emlichheim to confirm it. 

May it be truthfully known, that as a married couple Gerrit Lemmen and Fenne Lemmen were assisted in setting up this testament by Herm Ligtenborg. Who signed this our testament with his own hand. 

Emlichheim the 16th of May 1783
Gerrit Lemmen
Fenne Lemmen
Herm Ligtenborg as assistant

MARRIAGE CONTRACT

The engaged couple, Evert Dobben, son of Jan Dobben from Hohenkorben, and Dele Borrink, daughter of the late Jan Borrink of Bookholt, have decided to get married. With the permission of both parents and the guardian of the bride, the following contract was found: 

1.   The groom promised that he will take his bride, right after the marriage ceremony, to his inherited estate. Also, that he will share his inheritance with her, and that she may stay there as long as she lives. If he should die before her, she may remarry whomever she chooses, and stay at the Dobben Estate, as is the custom here in Grafshaft.

2.   On her part, the bride promised to share with her future husband everything she already owns, including the inheritance from her parents estate, which will be determined when her youngest brother gets married. Both shall have all goods in common, as it is practiced in this area for a long time.

3.   As soon as the parents of the groom decide to hand over the estate to the young couple, they shall be bound to give their father annually, as a retirement income, 6 Mudde or 24 Scheffel Rye. (The income of 5 acres land:) Their mother shall have 36 Ellen Linen (24 yards). In case the father should pass away before the mother, then she shall receive the income of 3 Mudde or 12 Scheffel Rye annually (2.5 acres). Besides this, the parents shall have the freedom to use all the linen they need, and the mother shall have a wool apron every three years. As long as the parents remain owners of the estate, the young couple shall have as their private income, the above retirement income that is intended to go later on to the parents.

4.   The siblings of the groom shall each receive as part of the estate of their parents, 200 Gulden in currency. If they choose to get married, each one ought to receive 25 Gulden to buy wedding clothes. As a dowry, they shall receive a one-year-old horse, 2 cows, 1 heifer, 3 beds (2 down-filled), 6 bed sheets, 6 pillows, 1 bolster, an amoire, and a trunk. If they choose, they can ask 45 Gulden for the horse, 30 Gulden for each cow, and 15 Gulden for the heifer. They can ask for their share according to their age, but only one animal or one payment shall be made per year. If one of the children gets married, no payments shall be made in that particular year to the other children. Also, each child shall have a Moaksmoal and a Hilkebier. (Similar to a shower and engagement party.) If they don't care for a Hilkebier, they can ask 40 Gulden.

5.   Each of the brothers shall receive 25 Gulden annually, if they work on the parent’s estate; also, all the linen they need, as it is common in this part of the country. They can also keep 15 sheep on the premises; the feed bi1l shall be for the farm.

6.   The groom's sister, Gertien, shall receive (in case she is not sick or crippled) annually, 9 Gulden for her work on the parent’s estate, and 30 Ellen Linen (about $5.00 and 20 yards of linen). After her 18th year, if she chooses to remain in her parents home, 10 Gulden and 30 Ellen Linen, and other extras that a farmer's maid earns; also, two Bodden Flachs. The youngest sister, Hindrikin, shall have 6 Gulden as soon as she turns 14 years old. As soon as she can do the work of a maid, 9 Gulden and 30 Ellen Linen. When she turns 18 years old, she shall be paid like her sister, Gertien, as described above.

7.   If the siblings of the groom should become sick and crippled, and are not able to work for others, and if they have no other shelter, they shall be provided for on their parent’s estate. If there are doctor bills after the death of such a child, they shall be subtracted from their inheritance money.

8.   The land that the groom's father added on to the farm, will stay after his death as part of the estate. This way all the children receive 200 Gulden. The money will stay in escrow, and the father will receive 3% annually, as long as he lives. After his death, the siblings can ask for their part, till they all have received it, Should one of them die unmarried, then half of the 200 Gulden shall go back to the estate, if it has not been used.

9.   All savings of the parents shall after their death, go to the siblings of the groom in equal parts.

Read, accepted, and signed. 

Bookholt,
the 27th of May, 1862.