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Documents in re: Rafleau, Drouet Heirs

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Date: [unknown] [unknown]
Location: New Orleans, Louisianamap
Surnames/tags: Rafleau Drouet
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Contents

Transcripts of legal documents of the Rafleau/Drouet family

This page is a work in progress-- currently just a place to declutter certain profiles and store some overly-long citations that will be sorted out later.


Marriage Contract of Daniel Rafleau and Margueritte Smith, w/ Inventory and Order

Note: Profiles for these people need to be created in WikiTree. See Anne Marie Rafleau, daughter of Daniel and his first wife.

From a section titled "Records of the Superior Council," dated 13 Aug 1763. No. 8442. 9pp. Marriage Contract between Daniel Rafleau and Margueritte Smith.

Marriage Contract executed before the Royal Notary of the Province of Louisiana, residing in New Orleans, between Sieur Daniel Rafleau, native of Berne, Switzerland, son of Sieur Jean Rafleau and Madame Marie Vitepan; widower by first marriage of the later Barbe Tonnetberi, and by second marriage of the late Margueritte Bezerin [sic, Pellerin], on one side; and Madame Margueritte Smith, native of Francfort, Witembourg, daughter of the late Sieur Nicolas Smith and of the late Catherine (blank); and widow by first marriage of the late Sieur Jean Conrad Guilbery, on the other side. Sieur Rafleau assisted by Sieur Felix Sicard, and by Sieur Silvain Filiosa. Madame Smith assisted by Sieur Machel Frilous, and by Sieur Laurens Bailly, master tailor; and also by Sieur Louis Drouet and his wife, Madame Marie Faleau, who stipulated the marriage agreement. Executed in the Notarial Office of this city, in the afternoon, in the presence of Sieurs Joseph Becat and Pierre Barry, competent witnesses, residing here. (Signed): D. R. (Daniel Rafleau); Philiosa; Felix Sicard; Marie Rafleau; Michel Frilous; Jh. Becat; Bary; Drouet; Garic, Notary. Margueritte Smith and Laurens Bailly declared that they could neither write nor sign. Foregoing act recorded in the Registry by order of the Superior Council.
December 3, 1763.--The Superior Council of the Province of Louisiana, having considered the donations set forth in the above marriage contract; having heard the conclusions of the Procureur General of the King; ordered and does order that the said donations be given full force and effect and that the said marriage contract shall be recorded in the Register of Insinuations in the Registry of the Council. Given in the Council chamber on December 8, 1763. (Signed): Foucault.
August 13, 1763.--Inventory of the assets of Daniel Rafleau, annexed to above marriage contract.
To the foregoing marriage contract is annexed an inventory of all movable and immovable property belonging to Danieal Rafleau, taken on same date of August 13, 1763, in the morning, covering five pages, and showing personal and household effects, furniture, utensils, papers, cattle, slaves and real estate. The inventory was allowed by D'abbadie's order of August 8, 1763, rendered on Rafleau's petition, and was executed before Mr. Delaunay, appointed Commissioner on this case, and in the presence of Mr. De la Place, acting Procureur General of the King. Witnesses: St. Eloy and Bary. (Signed): Saint Eloy; D. R. (Daniel Rafleau); Bary; Philiiosa; Marguerite Vandal; Drouet; Marie Droit; De la Place; Delaunay; Garic, Notary. (Signed, in the margin of first page): Devergés; De Reggio; Ducros.[1]

Marriage Contract Abstract

Note: Profiles for these people need to be created in WikiTree. See Anne Marie Rafleau, daughter of Daniel and his first wife.

August 13, 1763. Daniel Rafleau and Margueritte Smith, Signature page abstract from said marriage contract.

August 13, 1763
Before me, the Royal Notary of the Province of Louisiana, residing in New Orleans, in the presence of witnesses appeared Sieur DANIEL RAFFLEAU son of Sieur JEAN RAFFLEAU and of MARIE VETEPAN, native of the Canton of Berne in Switzerland, widower in a first Nuptial with the deceased MARGUERITE BEZERIN (?) with Dame MARGUERITTE SMITH daughter of the deceased Sieur NICOLAS SMITH and of the deceased CATHERINE (blank), widow in a first Nuptial with the deceased JEAN CONRAD GUILLERY, a native of P…esheim of Frankfurt, Electorate of Wittenbourg of the other part.
Signing for the future groom – his friends Sieur FELIX SICARD and Sieur SILVAIN FEU..ZA.
And for the Dame SMITH – Sieur MICHEL FRILOU, LAURENS BALLY and Sieur LOUIS DROUET and Dame MARIE RAFFLEAU his wife.
Signing – FELIX SICARD, MARIE RAFFLAU, BARRY, DROUET, BECAT, MICHEL FRILOUX, BAILLY, GARIC, Notary.
An inventory of the Succession of the deceased wife of DANIEL RAFFLEAU, with the following signing – SAINT ELOY, MARGUERITE VANDAL, DROUET, MARIE DROUET, DeLAUNAY, GARIC, Notary.
The future bride has property inherited from her deceased husband, one-half lot on Bourbon, plus another portion of ground.
Signed – D. R. (DANIEL RAFFLEAU ?).[2]

Testate Succession of Ana Maria Rafteaus [Rafleau]

Note: See Anne Marie Rafleau
1780 March 31. Testate Succession of Ana Maria Rafteaus. #3577; 71pgs; Court of Alcalde Pedro Piernas. Assessor, Postigo. Escribano, none named.
This case, like the preceding one, illustrates the burden of costs and the annoyance of the surviving husband and heirs to settle a small succession and in the end nothing is done. The estate was valued at 2702 pesos, 7 reales. It was inherited by nine children, six of whom were minors.
The father of the children represented, (and it was also shown by inventory), the assets were real property in New Orleans, all more or less dilapidated and falling into ruin. He asked to have the property adjudicated to him without bond "because the estate is so small and there are so many children who could not be supported on the interest derived from it."
The two sons-in-law agreed to this but the father could not furnish bond and the proceedings went on under the urging of the curator ad lites of the minors, a lawyer of the Cabildo and a standing appointee in such cases. The course of the affair appears to have stopped because everybody apparently realized that nothing could be gained by it. Yet the costs taxed aggregated 90 pesos.
Official notice is given of the death of Anna Maria Rafteaus, or Rafleaus who has left minors. The usual formalities of certifying to the death, collecting the keys, delivered to the proper authorities by her husband, Luis Drouet, search for the will, etc., having been fulfilled, Alcalde Pedro Piernas orders a certified copy of the will drawn up by Andres Almonester.
In this will the testator says that she is a daughter of Daniel Raflaus and Marguerite Pellerin, both dead. She was married to Luis Drove (Drouet) called Prinsipe Noir (Black Prince). The children born of this marriage are ...
Marguerite, @25 m: Santiago Molan;
Francisco, @22 unmarried;
Luisa 20, m: Philiberto Merlin;
Juan Luis, @18;
Joseph, @16, unmarried;
Nicolas, @13;
Susana, @8;
Melia, @6; and
Luis, @4.
She was married without a ract and neither brought anything to the community. At the death of her parents she received 8000 livres, these her husband received as will appear from the proceedings on the subject in the French Archives. She goes into detail as to the estate she and her husband possess. The keys are ordered turned over to Luis Drouet, father of the minors and their tutor, who must receipt for them.
Luis Drouet, Widower of Ana Maria Raflaus, tutor and curator ad bono of his minor children asks to make an inventory of all the property left by his wife. Alcalde Piernas orders them to proceed to the taking of the inventory and valuation of the estate, naming as appraisers Adrien de la Place and Francisco Bijon and appoints Francisco Broutin, curator ad lites to the minors. He must accept, take oath and give bond. Broutin is confirmed in the appointment to curatorship and asks to have the day set aside to take the inventory.
Luis Drouet appoints Rafael Perdomo his attorney. They proceed to make an inventory and appraisement of the estate which consists of household effects, wearing apparel, slaves, provisions, a lot of ground corner of St. Peter and Dauphine 58 feet on the latter by 72 feet in the former, upon which has been constructed a house 36 feet square, built of brick and wood divided into 8 rooms with two double chimneys, covered with shingles, with glass windows and out-buildings. There is a second piece of real property situated on St.Peter Street 120 feet front by 72 deep, upon which has been constructed a house 31 feet long by 20 feet wide, built of brick between posts, covered with shingles with two chimneys. All falling into ruin. A third house on Toulouse Street 120 feet front, corner of Burgundy running 120 feet upon which a house 70 feet long by 20 wide is built, constructed of brick and posts falling entirely into ruins. The inventory is signed by Francisco Bijon, Francisco Broutin, Rafael Perdomo and Pedro Piernas.
The inventory completed, Francisco Broutin, curator ad lites to the minor children of Ana Maria Raflaus asks its approval. After much delay Luis Drouet makes the same plea and that all be ordered to abide by it. Filiberto Merlin as husband of Luisa Drouet and Santiago Moleon as husband of Margarita Drouet, daughters of the deceased Ana Maria Raflaus also ask to have the inventory approved and all ordered to abide by it. Piernas approves it with the consent of all parties. The inventory approved, Broutin petitions for the sale of the estate at public auction. The public calls are made with spaces left blank for the dates. Messrs. Moleon and Merlin in the interest of their wives then ask for sale at auction of the estate left by Mrs. Drouet. Piernas, on Postigo's advice, rules accordingly, Luis Drouet asks to have the estate adjudicated to him at the price of its valuation, he offering to give bond for its security. Broutin consents because the estate is so small and there are so many children they could not be supported on the interest derived from it. Santiago Moleon and Philiberto Marlin, the sons-in-law also agree to the adjudication. Piernas, on Postigo's advice, orders the estate turned over to Luis Drouet upon his giving bond.
Luis Drouet then petitions for the records of the case and in a second one he objects to giving bond, claiming that the law does not require it of him. He calls attention to the dilapidated condition of some of the real property that will be turned over to him. He asks to have the clause in the decree obliging him to give bond revoked and to turn over the estate to him without it. Alcalde Piernas, on Assessor Postigo's advice, rules that the bond must be given.
Evidently Drouet is not willing to comply as there is no copy filed of any bond. Broutin the curator asks for an accounting and partition of the estate, Petition granted and Andres Lopez de Armesto is appointed, who accepts and takes oath to render an account of the estate and draw up the partition. He taxes the proceedings at 70 pesos 6 reales.
The partition of the estate of Ana Maria Raflaus amounting to 2702 pesos 7 reales is made among the nine children in the following order ...
Santiago Molon for this wife Marguerita Drouet;
Philiberto Merlin for his wife Luisa Drouet;
Francisco Drouet;
Juan Luis Drouet;
Joseph Drouet;
Nicolas Drouet;
Susanna Drouet;
Amelia Drouet;
Luis Drouet.
Francisco Broutin and Messrs. Molon and Merlin ask to have this partition approved and all ordered to abide by it. After some delay Luis Drouet makes the same request and Piernas on Postigo's advice approves and orders Andres Lopez de Armesto to tax the last costs. After accepting and taking oath Armesto taxes costs at 20 pesos 5 reales.[3]

Sources

  1. "Index to Spanish Judicial Records of Louisiana," Louisiana Historical Quarterly, Henry P. Dart, ed. (Louisiana Historical Society of New Orleans, LA, vol. 25, 1942) pp. Is. 3, pp. 877, 878 (scanned page lists pp. 861, 862); citing section titled "Records of the Superior Council" dated 13 Aug 1763, No. 8442 (9pp.), marriage contract, Daniel Rafleau and Margueritte Smith
  2. Alice Daly Forsyth, Louisiana Marriage Contracts – Volume II: Abstracts from Records of the Superior Council of Louisiana 1728-1769 (New Orleans, LA,1989); citing record of Daniel Rafleau and Margueritte Smith dated 13 Aug 1763
  3. "Index to Spanish Judicial Records of Louisiana," Louisiana Historical Quarterly, Henry P. Dart, ed. (Louisiana Historical Society of New Orleans, LA, vol. 14, January-October 1931) pp. 293-296; citing Testate Succession #3577, Ana Maria Rafteaus, 31 Mar 1780, 71 pages, court of Alcalde Pedro Piernas




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