Sally v. Henry Chouteau
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SallySally
vsChouteauChouteau

Be it remembered that on the trial of this
cause by the court, neitherpart requiring a jury, it was found
- that JosephJoseph Brazeau BrazeauJoseph Brazeau departed this life on the 22nd day of November in the year 1826at St LouisSt Louis in the Territory of MissouriMissouri
having previously made his last will, that subsequent
to his death, to wit, on the 26th of June
by said will was duly bound, that the said his taken
by said will bequeathed a female slave named MarianneMarianne
to his widow ThereseTherese Delisle for & during her
life & after her death to Marie BrazeauMarie Brazeau his niece, that
the said Marie BrazeauMarie Brazeau niece & Jean BJean B . Duchouquette
intermarried on the 3d July in year 1798at
in the then province of LouisianaLouisiana that a marriage contract
was executed between the said Jean BJean B . Duchouquette
MarieMarie Brazeau BrazeauMarie Brazeau his wife previous to their intermarriage
, to wit, on the 2d July in year 1798 at
St LouisSt Louisaforesaid that in said contract it was
provided that the said Jean BJean B . Duchouquette&
MarieMarie Brazeau BrazeauMarie Brazeau have promised to take one another
in the name & law of marriage &; to have the same
made & rightsoon here after to marry her or
as soon as one of the partiesshall require it of the
other, the said future husband & wife to be committed
& common in all estate real or personal & acquisitions
according to their &without power to change
any thing from this disposition the said future
husband & wife take each other with all their rights-
& estates each as have come& fallen to them or may
fall to them from the succession of their father
& mother to whatever sum they may amount, of whatever nature they may be & whatever place
situated even from this present time with there
which they may have of their own within by donation

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or otherwise; it shall & may be lawful to the said
Miss the future wife & to the children which may
issue from the said marriage a the
present community to retake freelyclearly &
by all & whatever she may have bought or what
may have happened &befallen to her during said marriage
either by inheritancelifebequest or otherwise - that
the said MarieMarie wife of the said Jean BJean B . Duchouquette
departed this life on the 8th July in year 1818 at StSt Louis.
LouisSt Louis in the Territory of MissouriMissouri& the said Jean BJean B .
Duchouquette on the 23d March in year 1833, at same
place & the said ThereseTherese Delisle widow of JosephJoseph Brazeau BrazeauJoseph Brazeau
departed this life on 3d day of February in year 1834 at same place, that on the 14th February in the year 1817 St LouisSt Louis aforesaid the said ThereseTherese Delisle
widow of Joseph BrazeauJoseph Brazeau & the saidJean BJean B .
Duchouquette & MarieMarie his wife executed under
their hands, & each & without other formality other
than acknowledgment of same before clerk
of circuitcourt of county of StSt Louis LouisSt Louis in said territory
an agreement in writing, whereby for certain
good causes & considerations they the said Duchouquette
& wifepromiseoblige & engage themselves
that at the decease of the said ThereseTherese Delisle widow
of said Joseph BrazeauJoseph Brazeau they will acknowledge declare
& cause to be free & give an act of freedom to the
said mulatto woman MarianneMarianne & the children
she may have so that they may enjoy of their
freedom, that the plaintiff is a child of the saidMarianneMarianne
& wasborn on the tenth day of July in the year 1823, at St LouisSt Louis aforesaid. that the defendant
claims the plaintiff by purchase for a good & considerable
consideration from the heirs of said JeanJean B BJean B . Duchouquette
& MarieMarie his wife made on the 30th day of July - in the year 1834 - & nowholds her in possession