Befor the King's Notary ...
residing in the said Montreal, undersigned, and witnesses hereafter named
was present Jean Baptiste Lavoye, native of the parish of St Augustin
near Quebec, son of the late Jean-Baptiste Lavoye and Barbe Lhomme his
father and mother of one part; And françois aubry and marie Jeanne Boutillé
his wife who he authorizes to the effect of these presents, stipulating in this part
for Marie Catherine aubry, their daughter, here present, and with her consent
of another part.
Which parties, with the advice and agreement of their parents and friends hereafter
named, that is to say, on the part of the said Lavoye, of françois Jobin his friend,
and on the part of the said Marie Catherine Aubry, the said françois aubry and marie
Jeanne Bouteillé her father and mother, Thomas Letendre her grandfather,
Magdeleine aubry her aunt, Claude Denaux and Louise Laisné his wife,
Pierre Carry and Marie Geneviève Capel his wife, Marie and
Françoise Laisné her cousins, have made together the
accords and marriage conventions which follow. That is to say
that the said Jean-Baptiste Lavoye and the said Marie Catherine aubry have
promised and promise to take one another as husband and wife in name and legal
marriage, to be celebrated and solemnized before Our Mother the Holy Church
Catholic, Apostolic, and Roman, as soon as possible and
after advice and deliberation among themseslves, their parents and friends if God
and our mother Holy Church approve and consent.
The said future couple will become one community in all belongings
acquired furniture and whatever property they will own and will acquire during
the said future marriage, according to the wishes and custom
of Paris, which is followed in this county, and to which custom they submit.
Will not be held responsible for the debts of one another made and contracted before
their engagement, and if any exist, they shall be paid and acquitted
by whoever has made and created them, and against his/her property without
the other being held responsible in any way.
The said future husband has dowered and dowers the said future wife of
the customary dowry or the sum of four hundred livres dowry
that once paid, will be the choice of the said future wife to take
whenever dowry takes place, against the more valuable
and apparent property of the said future husband, who has now charged,
affected, obliged, and mortgaged, so that she doesn't have to demand of it in court.
The preciput shall be equal and reciprocal in the sum
of three hundred livres that the survivor shall have and take fully and
openly from the movable property of the said community or in ready cash,
which will be the choice of the survivor, following the inventory that shall be done.
Declares the said future husband that he owns a piece of property granted to him and situated
at Laprairie de la magdeleyne of three arpents frontage by thirty
arpents in depth, with a house built upon it and
....bordering in the front to the St Jacques river
and the other end, behind it, to ungranted lands. On one side
to the lands of Guillaume Baudry, and the other side to Jean messy?. Which
land and buildings.... the said future husband wishes to enter
in the present community as if he and the said future wife
had acquired it together and during this same community.
In addition, the said future couple take one another with their
property and respective rights, as much as those that they have inherited as those that
will acquire either by inheritance, donation or otherwise.
And in the event that the said future marriage is dissolved by the death
of the said future husband, the said future wife shall be free to accept the said
community or reject it, and in case of rejection, to retake
all that she justifiably has brought to it such as her
dowry and preciput as described above, along with her clothes, linens, suits, rings
and jewelry for her everyday use, and her furnished bed, and generally all that she
has acquired or came in her possession either by inheritance, donation or other
without being held responsible for any of the debt from the said community even
if she is obligated, told, or is condemned, for which she
shall be indemnified by the said future husband and on his property, and
for which indemnity she will have her mortgage on the day
on all of the present and future property of the said future husband
And for the mutual frienship that the said future
couple have for one another, they have made and make by these presents
a donation, pure and simple, intervivos, and irrevocable, to the survivor
of the two, if he/she accepts, of each and all of the property, movables,
and whatever immovables that are found to be the property
of the first deceased, on the day and hour of his/her death, in whatever place
that he/she will be found, and at whatever value the property will be assessed
, so that the entire property be enjoyed, made, and disposed
of by the survivor, that is all acquired property, and
other and all property in whatever way he/she sees appropriate.
This donation made on the condition however, that on the day
and hour of the first deceased there be no children
born or about to be born from the legitimate marriage
, and in case of children, the said donation shall become void as if never
made. And to have these presents insinuated, the said future couple
have made and constituted the notary, the bearer of these presents
to whom they give power to request and produce the document.
For such, &c promising, &c obliging, &c renouncing &c
made and contracted in the said Montreal, house of the said Carry, in the year
seventeen hundred and twenty seven, the 12th of September, in the afternoon,
in the presence of the said future couple and others have declared
being unable to sign, after being asked to do according to the ordinance.
In the royal jurisdiction of montreal and wherever else where needed
approved ten .... eight words crossed out...
marie Catherine aubrie
Claude Denaux Pierre Cary
J Biron Latour