Terms of a Texas Marriage. Lauren Canan

myself, Ben Rucker, legal counsel for Ms. Hardin.”

      Shea smiled at Ben. His tired but astute gray eyes reflected his concern over the situation. He’d practiced law for almost forty years, and she had complete confidence in his abilities, as her father had before her.

      “At the turn of the nineteenth century, five thousand one hundred and twenty acres of land running along the western boundary and into what is now the National Forest and Grassland Reserve in Calico County, Texas, were acquired by William Alec Morreston. Later that year, he transferred the entire parcel to a widow, Mary Josephine Hardin. Since that time, descendants of Mary Hardin have continued to live on the land, today licensed as the Bar H Ranch.”

      Ben reached for his glasses, placed them on his nose and picked up his copy of the original paperwork.

      “Rather than a purchase, this transfer of land was handled in a manner similar to what we today call a lease.” He glanced over the top of his glasses. “I believe you each have a copy of the original paperwork?” When everyone nodded, he continued. “You’ll note the duration was ninety-nine years with a renewal option.

      “The first lease term was renewed by Cyrus Hardin, Shea’s great-grandfather. The second term, currently in effect, is due to expire at the end of this month—in five days, to be precise. Ms. Hardin would like to retain possession of the property. Mr. Morreston has indicated a desire to reclaim it for his own use. This can be achieved only if Ms. Hardin has not, or does not meet all of the renewal requirements by the end of the month.”

      Shea glanced at Alec Morreston and once again encountered the full intensity of his gaze. A powerful energy emanated from him, the full force of it focused directly on her. She swallowed hard and looked away, ignoring the increasing tempo of her pulse.

      “We didn’t inspect the house and outbuildings,” Mr. Long advised without preamble. “But we are satisfied that everything appears in satisfactory condition. We concede all stipulations relating to the condition of the property have been met.”

      Shea closed her eyes as relief washed over her. Reaching out to Ben, she squeezed his arm and then looked at Mr. Long and Alec Morreston. So grateful they’d been honest in their findings, she even managed to send a stiff smile of thanks in his direction. He hesitantly tipped his head as if to say you’re welcome, but she couldn’t help but notice the raised eyebrow and the hint of a smirk in the hard lines of his face, almost as if he knew something she didn’t.

      Shea returned her attention to Ben. He wasn’t smiling, and didn’t appear to share in her feeling of relief. No one switched off the tape recorder. No one stood up. It was as though a silent warning had begun to flash in a quickly ascending elevator, indicating the bottom was about to drop out.

      “In addition to the condition of the property,” Ben said, still not meeting her glance. “Apparently the ancestors of Ms. Hardin and Mr. Morreston believed it necessary to add what I would describe as a personal clause.”

      “Personal clause?” Frowning, Shea began to page through her copy of the old, handwritten document.

      “On page four, about two-thirds down the page.” Ben removed his glasses and put down the paper as if he could recall the words from memory. His voice was quiet, his manner unusually gentle. “It states in addition to the actual upkeep, if the renewal of the lease is awarded to a woman, she must be legally wed by or before the expiration of the lease.”

      Her head snapped up, staring at Ben’s face.

      “What?” Her jaw dropped in astonishment. She frowned, not understanding or wanting to believe the implications of what she’d just heard.

      “It further states—” Ben again donned the thick glasses and raised his chin, a motion that enabled him to use the lower, bi-focal portion of the lenses. “‘If the female lessee has no husband or betrothed, the oldest adult male, unmarried, in the Morreston family will be joined to her in matrimony, legally and spiritually, and they shall live as husband and wife for a period of not less than one year to ensure her protection against any and all perils, assist her with all ranching endeavors and ensure she is given fair and equal consideration.

      “‘The failure of either party to meet these terms will result in the forfeiture of the property to the other. If a marriage does occur between the principal parties, such marriage can be terminated at the end of one year, and at such time the land will go to the Hardin family for another ninety-nine-year duration.’”

      He sat back in his chair and tossed the documents onto the tabletop. “You gotta love the Morreston family chivalry.”

      Silence momentarily filled the small room.

      “For what it’s worth, Shea,” Ben said, “I’d guess the families were very close, and this was their way of ensuring the safety of any woman who might be single and head of household when the lease expired. As you know, it used to be a man’s world and a woman by herself didn’t have much of a chance. The one year marriage provision was probably intended to ensure she had full support with the ranch. If either didn’t want to stay married after that, they wouldn’t be required to do so. Ironically—” his eyes narrowed as he looked at Alec Morreston “—the clause was probably intended to protect any female of the Hardin family from the crooks who might try and take advantage of her.”

      The only reaction from Alec Morreston was a deepening of the tiny lines around his eyes, a silent indication he found amusement in Ben’s assessment.

      “But...” Leaning forward, she placed her elbows on the table for support and rubbed her fingers against her temple, willing her brain to click back into gear. “You’re saying...You’re telling me the lease can’t be renewed because I’m a single woman?”

      “If I may,” Thomas Long interjected. “What it means, Ms. Hardin, in the simplest terms, is that in order for you to renew the lease you must currently be married or you must agree to marry Alec within the next five days and remain married for at least one year. If you don’t agree, the lease cancels. If Alec does not agree to such a marriage, should you choose that option, the lease will be renewed.”

      For a few moments, speech was impossible. Her eyes remained fixed on Mr. Long as her mind tried to make some sense out of his words. She was stupefied.

      “You’ve got to be kidding. This is a sick joke. It’s archaic.” Although attempting to remain calm, her resolve was quickly slipping away. “This kind of thing isn’t legal.” She looked at Ben, who sat quietly, tapping his pencil on the tabletop. “Is it?”

      Ben hesitated for a few seconds as if trying to formulate his answer. “As far as I’ve been able to determine, the owner of the property could place any clause, requirement or restriction in the lease that he wished within the existing laws of the time. If the lessee agreed, it became a binding agreement. As to the question of whether it’s binding by today’s laws, it may very well not be.”

      Hope flared within her.

      “But the problem is, if we sue to have that clause stricken, the courts could declare the entire contract null and void, in which case Mr. Morreston is under absolutely no obligation to renew the lease. And, if the courts didn’t find the clause unlawful, by the time they handed down their decision, the deadline would be past. Either way...” Ben made a small gesture with his hands, his palms turned upward, indicating the hopelessness of the situation.

      Shea sat back in her chair and stared out the large picture window. How could such a beautiful spring day suddenly turn so bleak and ugly? She trained her eyes squarely on Alec Morreston.

      “You knew about this, didn’t you?”

      “Yes,” he replied, his voice deep and throaty. “Thomas caught it and advised me a couple of months ago. You might want to ask your attorney why he didn’t see fit to inform you. Since he was obviously aware of your single marital status, it might have saved all of us a lot of time.”

      Her glance swung to Ben, who shrugged and shook his head. “I’m sorry, darlin’. I thought Mr. Morreston