Contract of Marriage

Date: 23 Sep 1794
Location: Contrecoeur, Bas-Canada
Surname/tag: Pontbriand

The following contract was transcribed by Benoit Pontbriand and the very poor English translation was produced by Google Translate with a few obvious adjustments:

Contract of Marriage Jean Pombriand et Therese Perron 23 Sep 1794

(Before Louis Bonnet)

In front of the Notary of Lower Canada, resident at St-Ours, the undersigned and witnesses named, was present Jean Pombriand male of twenty-six years, resident living in the parish of Sorel, acting for himself and in his name on the one hand; and Ustache Perron resident of St. Ours residing there, acting for Damselle Thérèse Perron his twenty year old daughter, also present and with her consent on the other hand; with parts of the notice and advice of their relatives and friends for this assembly. Known to Jean Pombriand, François Badenais friend: and for Damselle Thérèse Perron, Ustache Perron, father, Hélène Burque wife of Pierre Perron her aunt, and Joseph Duval friend: have made and granted treaties and marriage conventions that follow: that is to say Eustache Perron has promised and promises to grant Damselle Thérèse Perron his daughter his approval to Jean Pombriand who promises to take her for his future and legitimate wife by name and marriage to be celebrated with Our Holy Mother Church and will make it possible and as soon as one of the parties will ask the other and he will be advised and deliberated between them in front of relatives and friends. To the future husband and wife, one and common in all movables and conquests, immovables and even immoveable property, the customs and customs formerly and until now followed in this country, renouncing for this purpose all laws and usages contrary to this: However, no debts of each other will be made and created before the future marriage and if there are any they are paid and paid by the person who made them and his property without the other or his property is in no way required. The future spouses take the property and rights of each of them, of the present members, and of the sum of money that can be raised; and as they will be able to see them in the future, Declares the future husband he has owned three arpens of land in frontage of twenty arpens of depth, in the seigniory of Sorel south of the St. Lawrence, of which part in value and the other in standing timber, which he has acquired from Jean-Baptiste Felix, as the contract designates it, and what property will be and will enter into the future union with all that will be available to him in the future: and those of the future wife, which are substantial in property and rights, which will come to pass through the death of his father and mother and in what may happen to him by inheritance bequest or otherwise. All to enter the future union. The future husband gifted the future wife (dowager) the sum of three hundred pounds dower [The dower, either customary or prefix (or conventional), is a term of ancient law designating the portion of property that the husband reserves for his wife in case she survives him. The beneficiary is called dowager. The dower is a fundamental element of the law of married people under the Ancien Régime.], or customary dower at his choice to have it and take as soon as dower will take place, on the clearest and apparently future spouse whom it will be seized according to custom. The precipitate will be equal and reciprocal at the reciprocal one to the survivor of them, except pars and without confusion of the movable property of the future union, and such of those whom it may wish to fall, according to the value of the inventory to be made of it, and without delay, up to the amount of one hundred and fifty livres, where such sum in cash at the option of the survivor.

The surviving spouse will have and take his bed, as it will be at the day and hour of the first dying person, and furthermore for the eyes of the future husband, his clothes, his bed linen, his weapon, his ax and his pickaxe for his use, and likewise the groom his clothes, his ring and jewels for his use, and similarly the future date brings his clothes, guards, rings and jewels for his use: and before the dissolution of the future union by death or otherwise will be permitted by the future wife and the children who will be born of the future marriage, to accept or renounce the future union, and in the event of renunciation to win frankly and leave all that it justifies to have brought to the future marriage, together all that will come to him and not amount to him, by donation, inheritance testamentary bequests or otherwise, even his doweries and precipitated as above, without being held of any debts nor mortgages of the future union even though it was obliged which she and her children will be paid and paid by the heirs of the future husband and on his property, on which for that reason there will be a mortgage. And for the mutual friendship that the future husband and wife care for one another, these have been made and are made by those present, mutual and reciprocal, to the survivor of them that accepting, of all and each the movable goods and acquits and conquers immovable and even own which will be to belong to the first dying of them in some places and places that they will be due seated and staggered and to such sum of money that all can ascend consist and to be worth, without any reservation from the said dying first, to enjoy it by this survivor during his life only: provided that on the day and hour of the death of the first dying person there are no children born or to be born of the future marriage in the case of live children the donation will be null and void: And to continue these presents wherever needed, the future spouses have made and constituted their attorney the bearer giving him all power to do so, as ainsy & promising & obliging & renouncing & done and passed to St. Ours on the twenty third of September before mid-day and this in the presence of Messieurs Hypote Amelotte and Jean Boucher witnesses for this required who signed with notary with the exception of those parties who have declared that they are knowledgeable about this inquiry, they have made their marks with a cross, after reading according to the order.

Signed (all with their mark):

Jean Pombriand

Thérèse Perron

Ustache Perron

Joseph Duval

François Badenais

Hélène Burque

Written by Ls. Amolite

Notary Louis Bonnet