Jamaican Family Search Genealogy Research Library
St. Domingo, SS, by His Excellency Sir Adam Williamson, Knight of the Most Honourable Order of the Bath, Captain General, Governor, and Commander in Chief of those parts of St. Domingo, which now or may hereafter become subject to the British Government, Major-General of His Majesty's forces, and Colonel of the 47th Regiment of Infantry, etc.
To Raimond de Chevolleau, Greeting.
By virtue of the power and authority to me derived from his most excellent Majesty George the Third, of Great Britain, France, and Ireland king, and of Jamaica lord, defender of the faith, etc. and reposing especial trust and confidence in your experience, courage, conduct, fidelity, and skill in military affairs, I have constituted and appointed, and by these presents do constitute and appoint you, the said Raimond de Chevolleau to be Captain with the rank of Major during pleasure in the Corps of Chasseurs of Gavis in the island aforesaid.
You are therefore, as Captain to take the said Corps into your care and charge, and duly to exercise the inferior officers and soldiers thereof in arms, and to use your best endeavours to keep them in good order and discipline, etc.
Clauses and conditions of marriage agreed and made in the form used in this Island of Jamaica the 15th day of June in the 6th year of the reign of George IV etc. and in the year of our Lord 1825, between Charles Malabre Esquire of the parish of St. George County of Surry in the said Island of Jamaica, being of age and legitimate son of Colonel Louis Rene Malabre formerly in His Britannic Majesty's service, deceased, and of Marie Claire Malabre; the said Charles Malabre by and with the agreement and consent of the said Marie Claire Malabre his mother here present, acting or stipulating for him, in his name, and by and with his consent of the one part.-
And Miss Eleanore Chevolleau born in the said Island of Jamaica, being under age and legitimate daughter of Raymond Chevolleau Esquire, formerly a planter of Saint Domingo but now of the parish of Saint Mary in the Island aforesaid and of Louise Marguerite De Gournay-Chevolleau, the siad Eleanore Chevolleau acting by and with the assistance and consent of her father and mother here present, stipulating for her and in her name and by and with her consent of the other part;
In the presence of parents relatives and friends of each of the contracting parties.-
Promise has been made respectively to take? and with? and? by the law and faith of marriage and to have it celebrated before the Roman Catholic and Apostolic Church at the first request of either the contracting parties, in consequence it has been agreed that any civil matter or rights should be settled as follows:
Article 1st. There will be between the future spouses community in their personal estate conformable to the Civil Code of the French laws which will be binding and by which the said community shall be regulated notwithstanding any other laws or customs to the contrary in any countries where they might henceforward elect their domicile or acquisitions to the said laws or usages they positively derogate submitting themselves entirely to the French Civil Code.
Article 2nd. The community will consist of any estate of a personal nature which the future spouses will possess on the day of the celebration of their marriage and of all the personal estate which they might inherit after their marriage; also of any real estate which they might purchase during their marriage.
Article 3rd. The future spouses take one? another to the estate and rights belonging to each of them. Those of the future husband consist in cash, personal estate in value to the amount of $600 as acknowledged by his mother: also in one fourth in a coffee plantation known by the name of Mahoe plantation situated in the parish of St. George. The said fourth valued $4,500.
Article 4th. In consideration of the said marriage, the said Raymond Chevolleau and Louise Marguerite his wife conjointly grant to the future spouse their daughter and in advance in her inheritance a sum of $1,200 which they promise and bind themselves to pay in gold or silver current in this colony, to the future husband, immediately after the celebration of their marriage and secondly in jewels or other apparels to her use the sum of $600.
Article 5th. In consideration of the said marriage the said Marie Claire Malabre makes transfers and gives to the said Eleanore Chevolleau as her absolute property, a Negro names Caesar, a woman named Ann and her daughter named Aline and all the future issue from the said Negro woman name Ann or her daughter Aline for an by her to enjoy the same as her own property after the decease of the said Marie Claire Malabre.
Article 6th. The future husband has settled and does settle upon his future wife the same of $3,000 [£1000] as a jointure and for her dowry to be paid and taken from the estate of the future husband and without her being obliged to sue for the same in a Court of Justice.
Article 7th. The survivor of either of the future spouses will have and will take by right of jointure upon the estate in community and before any share should take place the sum of $600 either in species or in effects at his or her choice and should it be the future wife; she will keep in addition to the above all effects, goods and jewels to her personal use.
Article 8. The action for compensation in alienating the personal estate of either the contracting parties and which shall be deemed and reputed ??? estate shall belong to either of the future spouses who might have any right to the same and to their heirs and assigns.
Article 9. In case of the community being dissolved, it will be lawful to the future wife or to her children to renounce and to take back what he has brought into the said community either at the same time or after her marriage and even if she survives her husband her dowry and jointure as aforesaid, the whole clear of any debts or mortgages due by the community although she has consented or made herself liable to the same in a Court of Justice, in which case she and her children shall be guaranteed and liberated by the heirs of the future husband and from his estate real and personal and upon which estate there will be a mortgage from the day of the benediction of their marriage as also for any other clauses or conditions as mentioned in these presents.
Article 10th. An willing the future spouses to give one another ? of their sincere friendship, assisted and authorized as above, they by these presents mutually and irrevocable make one to the other donation to the survivor and reciprocally accepted of all the personal and real estate and also of all acquisitions which shall or may belong to the first deceased in whatever they may consist and in whatever countries they may be situated and the survivor to have and to hold the enjoyment of the same during his or her life on condition only to have a good and faithful inventory made.
The present donation shall take place only in case there should be no children born or to be born from the future marriage on the day of the decease of one of the contracting parties, which donation in case of any issue shall become void but will be in full force and virtue if the children die without legitimate heirs or without having lawfully disposed of their estate.
Done and passed in Kingston the day month and year above written in presence of the future spouses of the father and mother of the future wife, of the mother of the future husband, of the brothers, sisters and friends of the future spouses as also of the witnesses to these presents.
In witness whereof the future spouses with the said Raymond Chevolleau and Louise Marguerite his wife and Marie Claire Malabre have herewith signed and affixed their several and respective hands and seals to this present contract of marriage.
(Note: no signatures appear on the original copy of this contract which was given to me by Miss Charlestine Malabre. L.M.)
Copy of the document which was sent to Mr. Regnon at his request, to know the relationship of the 8 Duverger brothers and sisters, following which they would review the claim of the community Sebastien Duverger and Marie Madelaine Jolly, . . . . combining the 2 claims in one because of the similarity, and not knowing how to distinguish the heirs of the Duverger brothers from those of the Sebastien Duverger community, paying attention, however, to the titles and instructions, the distinction was too clearly established to fear confusion.
Here is the document:
Relationship of the 8 Duverger brothers and sisters
Antoine Duverger and Marie Madeleine Pepin widow of Joly have 8 children from their marriage, namely:
1. Jean Baptiste Adrien
2. Pierre-Antoine
3. Jean
4. Sebastien
5. George-Guillaume
6. Charles
7. Marie Francoise or Jeanne Francoise
8. Marie
Of these 8 brothers and sisters 5 have died unmarried or without issue, and intestate, namely:
1. Jean Baptiste Adrien celibate and intestate.
2. Pierre Antoine celibate and intestate
3. Jean widower without issue of Marie Victoire Superville and intestate
4. Sebastien widower of Marie Jeanne Sureau and intestate
5. Marie the wife of Etienne Riffaut, intestate having left a minor child, dead since ___ Etienne Riffaut also deceased.
Three have left children, namely:
6. George Guillaume, by his marriage with Marie Charlotte Superville a sole son who is Jean Baptiste Guillaume.
7. Charles, 3 children from his marriage to Marie Madeleine Duverger who are Marie Adelaide widow of Touchemoulin, Charles Eugene Duverger and Victoire Duverger.
8. Marie Francoise or Jeanne Francoise, 2 children from her marriage to Jean Baptiste Bouilly, who are ___ Jean Baptiste Bouilly, and Marie Antoinette Bouilly widow of Ressencourt.
These are therefore the representatives of the 3 latter, namely:
1. Jean Baptiste Guillaume Duverger only
2. Jean Baptiste Bouilly and Marie Antoinette Bouilly widow of Ressencourt, brother and sister.
3. Marie Adelaide Duverger widow of Touchemoulin, Charles Eugene Duverger and Victoire Duverger, brother and sisters.
Who claim as representatives of their authors [parents?], and by thirds as nephews and nieces successors of the 5 Duverger brothers and sisters, their paternal uncles and aunts who died unmarried or without issue and intestate.
The 8 Duverger brothers and sisters___ acquired from Sebastien Duverger their cousin, by a deed___ of 15 August 1785 and 7 September 1787 two properties together containing 259 squares of land and Negroes attached.
They formed a society which was administered by one of them. This society continued until the loss of their properties because of the revolution.
During the existence of the society George Guillaume Duverger the father of Jean Baptiste Guillaume sold his 1/8th portion of his brothers and sisters.
Then the property of the Duverger brothers was reduced by 1/7th, 5/7 of which are today ____ to their nephews and nieces named below, the two other 7ths have remained in the possession of the children of Charles Duverger and the children of Marie Francoise Duverger wife of Bouilly.
These latter in addition to the third that they claimed by representation, in the 5/7th of their uncles and aunts, still claim the 7th which belonged to each of their authors. The Duverger brothers, independently of the social [community?] property acquired from Sebastien Duverger, their cousin, and which had always remained undivided among those each owning? a property privately ___ ___ in the society such that Jean Baptiste Adrien Duverger, Pierre Antoine Duverger, Jean Duverger, Sebastien Duverger, in the succesion of which Jean Baptiste Guillaume Duverger, the children of Charles Duverger, and the Bouilly children share equally, by ___ ___ in the 7th noted above.
Jean Baptiste Guillaume Duverger and the children of Charles Duverger still claim their father's private properties.
Relative to the succession of Marie Duverger wife of Etienne Riffaut, one notes that they____ ... ___ then the colony of St. Domingue and they made only one donation _____ consequently the wife's estate reverted to the heirs of her line, with the extinction of the ____. All the titles of the properties claimed and those of the heirs have been sent with instructions and the qualifications of the three founders who make claim are established by documents or by inquests.
Claim by the heirs of Sebastien Duverger. Relationship
Sebastien Duverger, the cousin of the 8 Duverger brothers and sisters, who sold them the property described in the other section, possessing one ___ ___ private property of 150 squares of land and Negroes attached, situated in the same locality as the dwelling house that they ____ sold, and two houses situated in the town of St. Marc.
Sebastien Duverger by the issue of his marriage to Marie Madeleine Joly, 3 children she was the daughter of Madeleine Pepin widow of Joly, the mother of the 8 Duverger children. Those 3 children of Sebastien Duverger and Marie Madeleine Joly, are:
1. Marie Madeleine Duverger, wife, then widow of Charles Duverger, one of the 8 Duverger brothers, from which marriage there were 3 children.
2. Marie Francoise Duverger deceased, wife of Philippe LeMercier DuQuesnay who left 4 children, Victor Achille, Charles, Marie Guillaume, and Marie Francoise Uranie, the latter the wife of Jean Baptiste Guillaume Duverger, one of the claimants to succeed the 5 Duverger ___ for the other part.
3. Anne Marie Duverger deceased, wife of Emeric? Veyssiere, who left a sole son, Clarence Veyssiere.
_____
These three heirs of Sebastien Duverger and Marie Madeleine Joly or their descendants share a third in their inheritance which are independent of those of the 8 Duverger brothers and sisters. The titles to the properties_____ heredity have also been sent with the instructions. These three heirs of Sebastien Duverger do not have ____ an interest in the inheritance of the 5 Duverger brothers.
______
Kingston, Island of Jamaica, 20 October 1830, signed J. B. G. DuVerger ___ ____ coheirs ___ copies have been sent ____ to M. Gillibert and to M. Rignon.
Kingston, Isle of Jamaica, 14 January 1835, J. B. D. Duverger ___ in my name and the name of my coheirs.
[this document was written in French, and transcribed in French by Louis Malabre, with many words left blank, and some transcribed incorrectly. It has been translated by Jamaican Family Search.]
George Harrison Cosens to Raimond Chevolleau, purchase money, 3000 currency money, all that 300 acres of land in the parish of St. George, butting west and north west on John Townsend, west on Wag Water River, north east on Ugly River, and south east on Thomas Dunbar.
"This evidently was Friendship, and you can make note under Michel Isaac de Gournay's Will."
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