Smith College: Portsmouth and Aubigny, Louise-Renée de Kéroualle, Duchess of, 1649-1734. [Contract] (1684 Jun. 2) (MiscMS 586)

ReadAboutContentsHelp
"By the contract of donation entre-vis the Lady Duchess of Portsmouth settles upon the Duke her son ..." The Duchess of Portsmouth’s settlement on her son, the Duke of Richmond, of properties and monies.

Pages

1
Needs Review

1

{[Louise Renee de Penencourt, of Queroalle] Duchess of Portsmouth &c - her illegitim[ate] son by Charles II - was born 29 July, 1672 and created Duke of Richmond in 1675}

By the Contract of Donation entre=vifs, the Lady Duchesse of Portsmouth settles upon the Duke her son,

1. The Barony and Lordship of Chastilwith its appurtenances and dependencies purchased by the sd Dsse from the D of Brissac and his Creditors, the 2d of June 1684.

2, The Lands and Lordship of Queroalle with their dependencies, purchased (with the power of Redemption to the next of kin) of the Carmelite Nunns near Vannes.

3, The Lordship of Mesnoallet, with its dependencies, purchasd (with the like Benefitt of Redemption) of [Ainel] Bedry, the 16 of January 1683. - The sayd Lands Lordships and their dependencies, scituat and being within the Bishoprick of Lion in Britagne - without reserving any part thereof, excepting what is hereafter Expressed.

Constituting this sd D. and his heirs lawfully begotten, Proprietors of the Premisses, & vesting him in the Right and Title thereof, - To hold & Enjoy the same from the day of the death of the sd Dsse Reserving to herselfe onely the use & Profitt thereof for her Life, as assignée of the sayd D. who may not either before or after her death sell, alienate or Mortgage any part of the sd Lands and Ldships; wch are to Revert to the sd Dsse without being charged with any debts or Mortgages by the sd D. in case he dye without issue.

Giving also and granting irrevocably all her present & future Goods & Moveables as also all moveables which she may be hereafter possessd of in Britagne or Elsewhere, without /any

Last edit almost 2 years ago by Stephen
2
Needs Review

2

any reserve, but onely of the use and Profit thereof during her Life, as assignée of the sayd Prince. Being willing that he be & remaine vested in the possession thereof, & substituting thereto his Issue lawfully begotten, without that he may either sell, alienate or Mortgage the same which for want of such Issue shall Revert to the sd Dsse without being Lyable to any Debts or Engagements

Reserving also to herselfe, the power of disposing in her Life or by will of the summe of 300m Livers to be chargd upon the sd Estate. as also the power of settling, either in her Life time or by Will the Possession of the Houses, profits & Revenues of the sd Lands & Lordships of Queroalle & Mesnoallet upon her father & mother, and to the Survivor of them, during Life (Vesting them in the full possession thereof by these presents) which after the death of the sd Survivour shall Revert to the sd Duke & be Re-united to the premisses

Provided that if the sd D, dye without issue Lawfully begotten, the sd Ldshipps of Queroalle & Mesnoallet shall as of Right belong to the Seigneur de [Quilimade] & his descendants lawfully begotten, he bearing her Name & Arms &ca Reserving to herselfe, her Father and Mother as abovesaid &c And that this Donation is made in Consideration of her affection to her said Son &ca

Last edit almost 2 years ago by Stephen
3
Needs Review

3

As to the forme of the Donation it may be Objected,

1. That it ought to be before Wittnesses, five at least; since this donation being of very considerable value, no formalities that the Law presentes, or that haue been used in such Cases ought to bee omitted; And since in seuerall Countries, such Contracts of donation inter vivos, haue the solemnitye not onely of being insinuated before a magistrate; but also, of being attested by a Competent Number of Wittnesses

2. That it ought to Express that the Donatrix, tooke an Oath to stand to and performe the Contents of it, Since it hath been so usually practiz'd; and especially in the Case of woemen making Donations inter vivos; some regard being (not improbably) had to the frailty & inconstancy of their sex, who, without such a Tye of an Oath & Conscience, might, through the threats or perswasions of one relation, be easily induced to recall or alter what they had done in favour of another. In the present Case, it might much availe the Donatary; especially, if it should fall out, that the Donatrix should be marryed, and haue Children, and be importuned by her husband to alter this Donation

Last edit almost 2 years ago by Stephen
4
Needs Review

4

3. That it wants a Clause, declaring, that the donatrix shall not be able hereafter to Revoke or Annulle it for any Cause or upon any pretext whatsoever;

For as such a Clause is usuall in Contracts of Donations inter vivos; so the Civil Lawe mentions seuerall species of ingratitude which may reasonably and justly move a parent to revoke the Donation he had made in favour of his child, and sometimes the behaviour of a father or mother may prove to be such, as are designd to provoke the child to some Irregularity, that they might seem the more plausibly to Excuse such Revocation. In the present case, 'tis not impossible, but that the Donatary may give Offences to the Donatrix, as well as to her husband, in case she should marry & haue Children; and no doubt, but euery litle disgust would be improved to the uttmost disadvantage of the Donatary.

4. That there being diverse Seigneuries disposed of in the donation, it may haue a Clause declaring, that the Licence, Consent & Concurrence of the King and Soveraigne of the Country, was obtained

For as Mobilia concernunt Personam, soe immobilia Territorium; And the particular Customes of some Provinces & Territories in france do not onely over=rule the Law, which otherwise obtaines over that Kingdome, but also often derogate from, & sometimes Contradict the Civil /Imperiall

Last edit almost 2 years ago by Stephen
5
Needs Review

5

Imperiall Law, and any Contract or donation made pursuant to it; And these Seigneuries in Britagne being purchased but in retraict Lignager; the purchaser must expect to Combat with whole Familyes, whenever they can sett up their Title; Especially if any particular Custome of that Province should favour them, & help to dissolve or elude this Donation; in favour whereof, that King might, in such a Clause, dispense with such Customes if any there bee.

This Donation had needs be confirmed by the last Will of the Donatrix, which may prevent those future disputes which would inevitably follow in case she dyed intestate, or that any endevours should be used to Annull this Donation

'Tis true the Droit d'Aubein can neuer be Wrested so Farre, as to bee made use of in this Case, where the Donatrix is a Naturall Subject of france (tho' otherwise it hath Overthrown the most solemne Contracts & Treaties too,) Yet, there being a Clause in the Donation /whereby

Last edit almost 2 years ago by Stephen
Displaying pages 1 - 5 of 10 in total