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23 Grand Prairie Historical Society BULLETIN APRIL 1994 TESTAMENT II: FRANCOIS MENARD by Morris S. Arnold Proceedings Undertaken on Account of Death of Dan Francisco Menard (Spanish Judicial Records, Feb. 14, 1793, Louisiana History Center, Louisiana Museum, New Orleans) Today, the twenty-seventh day of July, 1791, at four o'clock in the morning, Monsieur Francois Menard, merchant of this post, asked us to come. Having gone to him at his request, we found him to be of sound mind; and he swore to us, in the presence of the undersignd witnesses, that he wanted to make a testament, as he did in the following manner. /S/ Ignace Delino, Commandant Manuel Reyes, Witness Duchassin, Witness Francois Vaugine, Witness In the name of the Father, and of the Son, and of the Holy Spirit. Amen. First. He commends his soul to God its creator and remits his body to the ground from which it was created. He believes in all the mysteries of faith and other matters ordained by our Holy Mother Church, and disposes of his goods in the following form. Second. He declares that he is married in lawful matrimony to Madelaine Enselmy Billiet. Third. I [The testament abruptly changes here from the third person to the first person.] declare that I have no children by my said wife and do not believe that she is pregnant. Fourth. I declare that my property consists of six black males, who are Hector, Ignace, Pierre, Joseph, Jacques and Leveille, and five black females, who are Quitte, Rose, Mannette, Maria Marte and Victoria. Fifth. I declare that I have three runaway slaves, who are Bobe, Marianne, and their daughter. All three are said to be living among the Choctaws. I declare that all the effects, merchandise, and liquor that are located in my house belong to me, as do all the notes and obligations that are locked in my writing desk. Sixth. I declare that I have a quantity of horses and animals in this post. Seventh. I declare that I have a house in town [New Orleans, situated in the Rue de la Madame Boisclare, which house ought to Grand Prairie Historical Society BULLETIN APRIL 1994 24 be repaired according to what is agreed to in an act that I passed at the office of Monsieur Broutin, notary at New Orleans. I cannot recall the name of the carpenter. Eighth. I name my wife my universal heir, after executing legacies in accordance with what follows: First, she shall support my natural daughter named Constance and shall give her two hundred dollars [piastres] a year until she is settled; and as soon as she is married, the said pension shall cease, on condition that my said wife shall give her two thousand dollars absolutely. Ninth. I declare that I owe the following to the following persons: To Messieurs Petit and Cavalier, six hundred and some dollars, which is shown by bills and orders. Tenth. I declare that I owe Monsieur Sarpy 150 and some dollars, which is shown by a bill and order. Eleventh. T declare that I owe Monsieur Fortier 158 dollars by my bill. Twelfth. To Monsieur Broutin, the notary, six dollars by my note. Thirteenth. To Monsieur Loubier, nine dollars by my note. Fourteenth. To the carpenter mentioned above who is supposed to repair my house, 600 dollars, according to my contract passed with him at the office of Monsieur Broutin. Fifteenth. I declare on my conscience that I do not recall owing sums other than those mentioned above. Sixteenth. I make a gift of five hundred dollars to the deserving poor, which gift my wife shall execute at her convenience. Seventeenth. I give to Pitre everything that he owes me by bill or account. Eighteenth. I remit to my godsons Batiste Dardenne and Joseph Dardenne what they owe me, with the exception of their last account with Bayonne. Nineteenth. To all my Imbeau relatives I remit what they owe me, with the exception of a recent bill of 200 and some dollars that Baptiste Imbeau owes me by his recent bill, and he will also pay his most recent account with Bayonne. Grand Prairie Historical Society BULLETIN APRIL 1994 25 Twentieth. I remit to Gim Terik and to Potain all he [sic] owes me, with the exception of a small which sum he [sic] owes to Mr. Delino by his [sic] bill. Twenty-first. I remit to Michael Bonne all that he owes me, with the exception of his last account with Bayonne. Twenty-second. My wife shall remit to the persons who follow their bills, without exacting payment: St. Hander, Trudo, Leclair, Bertran, Pierre Nantay, Poltier, and also my two brothers-in-law, Enselmy and Louison. Twenty-third. I acquit Madame Dianne of all that she owes me, with the exception of the last expenditures that I made for her in town [New Orleans]. Twenty-fourth. I ask Monsieur Delino to settle my account with Bayonne. Twenty-fifth. My wife shall execute with exactitude all my wishes expressed above. I declare that I am in perfect knowledge, and I revoke by the present testament any other testaments that I may have made in the course of my life, and I declare the clauses set out here to be my last will. At the Arkansas, this 27th of July, 1791. Twenty-sixth. After having signed his testament, he declared that he forgave the sums which are due him, whether by bill or account, from those named Charbonneau, Cousette [and] Berthelemy. Twenty-seventh. I declare that I do not have any inherited property: all that I possess was acquired. And since I never had any help from my family, I cut them off entirely from what I possess. At the Arkansas, this 27 July 1791. /S/ Francois Vaugine Ignace Delino Duchassin Commandant Witness Francois Menard As Witness Manuel Reyes Ignace Delino As Witness Francois Menard Commandant Manuel Reyes Francois Vaugine, Witness Duchassin, Witness 26 OORE COMMENTS Grand Prairie Historical Society BULLETIN APRIL 1994 When Francois Menard made his "Testament" of 6 June 1789, a translation of which is found 20 GPHSB (Apr 1977) 23-25, it was only a month after Joseph Valliere, "Captain of the Infantry of Louisiana and Commandant of the Post and District of Carlos III of Arkansas", had been petitioned by "people of the Arkansas" to obtain permission from the governor general at New Orleans for them to go to war against the Osage. This tribe was belligerent to both whites and other Indians and had been particularly agressive in 1789, ambushing, robbing and killing, so that the habitants amd hunters "could not support their families or pay their debts". (Arnold & Core, ARKANSAS COLONIALS: 1686-1804, Grand Prairie Historical Society (1986) 39) In anticipation that a foray into Osage territory was imminent and aware of the danger inherent therein, two of the principal merchant-habitants of the Arkansas, Francois Menard and Jean Baptiste DuChassin dit Bayonne, filed last wills and testaments with New Orleans notaries, recognizing and making provisions for their natural children. In addition, Menard at the same time executed a deed of gift of a black slave named Maria who was sixteen years old "on account of the great love and affection which I hold for Constance Menard my natural daughter by Susana Bonne". (This deed of gift and Menard's 1789 will are in 17 Notary Pedro Pedesclaux 605 and 608, Notarial Archives, New Orleans.) This 1791 testament of Francois Menard could be a "death-bed" instrument since the Commandant and three friends were summoned at 4:00 AM. His death would have taken place, if not immediately, before 8 Oct 1792 when his wife, Madelaine Enselmy Billiet, [daughter of Anselme Billette dit LaJeunesse] is listed as "Widow Menard" in the Catholic register of the Arkansas parish. Since the Menards had no children and Francois had accumulated considerable property, he may have felt the 1789 will inadequate. Whatever the reason, it further enhances our body of knowledge about Arkansas in the 1790s. The Menard succession file reveals that Constance was living in the Ursulines Convent in New 'Orleans in January 1792 and that she was seventeen years old in 1793. Because Menard named his wife his universal heir (there being no legitimate children), there was no inventory taken and no appraisal made as no division of the property was necessary, thus denying us greater insight into life at Arkansas Post a couple of centuries ago. Constance Menard was married in New Orleans to Manuel Ximenez, a native of Havana, Cuba, 1 January 1799. In the sacramental records of the Archdiocese she is identified when married as "daughter of Francois Menard and wife Magdalene LaJeunesse, a native of the Post of Arkansas." However, records there of baptisms 1800-1803 of children of the couple name the maternal grandparents as "Francisco Menard and Susana Bon". Without these testaments it would be difficult to reconcile this data.
Object Description
Title | Testament II: François Menard |
Description | Will and Testament of François Menard with further notes by Dorothy Jones Core. |
Location (City and State or Territory) | Arkansas Post (Ark.) |
Location (Country or Region) | Lower Mississippi Valley |
Timeframe | 1789-1803 |
Creation Date | April 1, 1994 |
Primary Name |
Barthelemy Billet Charbonneau Delino Duchassin Imbeau Lajeunesse |
Creator |
Arnold, Morris S. Core, Dorothy Jones |
Subject |
Ménard, François, 18th cent.--Will French--Arkansas--Genealogy |
Keywords |
Genealogy Osage Indians Urusulines Will |
Language of Material | English |
Census Date | 1723; 1726; 1743; 1749 |
Territorial Possession | Spanish |
Source of Original | Arnold, Morris S. “Testament II: Francois Menard.” Grand Prairie Historical Society Bulletin 37, nos. 1 & 2 (April 1994): 23-25. Core Comments by Dorothy Jones Core on p. 26. |
Publisher | University of Arkansas Libraries |
Series Title | Colonial Arkansas Post Ancestry |
Manuscript Collection | Core Family Papers (MC 1380, Box 24, File 18) |
Rights | Please contact Special Collections for information on copyright. |
Description
Title | Page 1 |
Translation/Transcript | 23 Grand Prairie Historical Society BULLETIN APRIL 1994 TESTAMENT II: FRANCOIS MENARD by Morris S. Arnold Proceedings Undertaken on Account of Death of Dan Francisco Menard (Spanish Judicial Records, Feb. 14, 1793, Louisiana History Center, Louisiana Museum, New Orleans) Today, the twenty-seventh day of July, 1791, at four o'clock in the morning, Monsieur Francois Menard, merchant of this post, asked us to come. Having gone to him at his request, we found him to be of sound mind; and he swore to us, in the presence of the undersignd witnesses, that he wanted to make a testament, as he did in the following manner. /S/ Ignace Delino, Commandant Manuel Reyes, Witness Duchassin, Witness Francois Vaugine, Witness In the name of the Father, and of the Son, and of the Holy Spirit. Amen. First. He commends his soul to God its creator and remits his body to the ground from which it was created. He believes in all the mysteries of faith and other matters ordained by our Holy Mother Church, and disposes of his goods in the following form. Second. He declares that he is married in lawful matrimony to Madelaine Enselmy Billiet. Third. I [The testament abruptly changes here from the third person to the first person.] declare that I have no children by my said wife and do not believe that she is pregnant. Fourth. I declare that my property consists of six black males, who are Hector, Ignace, Pierre, Joseph, Jacques and Leveille, and five black females, who are Quitte, Rose, Mannette, Maria Marte and Victoria. Fifth. I declare that I have three runaway slaves, who are Bobe, Marianne, and their daughter. All three are said to be living among the Choctaws. I declare that all the effects, merchandise, and liquor that are located in my house belong to me, as do all the notes and obligations that are locked in my writing desk. Sixth. I declare that I have a quantity of horses and animals in this post. Seventh. I declare that I have a house in town [New Orleans, situated in the Rue de la Madame Boisclare, which house ought to Grand Prairie Historical Society BULLETIN APRIL 1994 24 be repaired according to what is agreed to in an act that I passed at the office of Monsieur Broutin, notary at New Orleans. I cannot recall the name of the carpenter. Eighth. I name my wife my universal heir, after executing legacies in accordance with what follows: First, she shall support my natural daughter named Constance and shall give her two hundred dollars [piastres] a year until she is settled; and as soon as she is married, the said pension shall cease, on condition that my said wife shall give her two thousand dollars absolutely. Ninth. I declare that I owe the following to the following persons: To Messieurs Petit and Cavalier, six hundred and some dollars, which is shown by bills and orders. Tenth. I declare that I owe Monsieur Sarpy 150 and some dollars, which is shown by a bill and order. Eleventh. T declare that I owe Monsieur Fortier 158 dollars by my bill. Twelfth. To Monsieur Broutin, the notary, six dollars by my note. Thirteenth. To Monsieur Loubier, nine dollars by my note. Fourteenth. To the carpenter mentioned above who is supposed to repair my house, 600 dollars, according to my contract passed with him at the office of Monsieur Broutin. Fifteenth. I declare on my conscience that I do not recall owing sums other than those mentioned above. Sixteenth. I make a gift of five hundred dollars to the deserving poor, which gift my wife shall execute at her convenience. Seventeenth. I give to Pitre everything that he owes me by bill or account. Eighteenth. I remit to my godsons Batiste Dardenne and Joseph Dardenne what they owe me, with the exception of their last account with Bayonne. Nineteenth. To all my Imbeau relatives I remit what they owe me, with the exception of a recent bill of 200 and some dollars that Baptiste Imbeau owes me by his recent bill, and he will also pay his most recent account with Bayonne. Grand Prairie Historical Society BULLETIN APRIL 1994 25 Twentieth. I remit to Gim Terik and to Potain all he [sic] owes me, with the exception of a small which sum he [sic] owes to Mr. Delino by his [sic] bill. Twenty-first. I remit to Michael Bonne all that he owes me, with the exception of his last account with Bayonne. Twenty-second. My wife shall remit to the persons who follow their bills, without exacting payment: St. Hander, Trudo, Leclair, Bertran, Pierre Nantay, Poltier, and also my two brothers-in-law, Enselmy and Louison. Twenty-third. I acquit Madame Dianne of all that she owes me, with the exception of the last expenditures that I made for her in town [New Orleans]. Twenty-fourth. I ask Monsieur Delino to settle my account with Bayonne. Twenty-fifth. My wife shall execute with exactitude all my wishes expressed above. I declare that I am in perfect knowledge, and I revoke by the present testament any other testaments that I may have made in the course of my life, and I declare the clauses set out here to be my last will. At the Arkansas, this 27th of July, 1791. Twenty-sixth. After having signed his testament, he declared that he forgave the sums which are due him, whether by bill or account, from those named Charbonneau, Cousette [and] Berthelemy. Twenty-seventh. I declare that I do not have any inherited property: all that I possess was acquired. And since I never had any help from my family, I cut them off entirely from what I possess. At the Arkansas, this 27 July 1791. /S/ Francois Vaugine Ignace Delino Duchassin Commandant Witness Francois Menard As Witness Manuel Reyes Ignace Delino As Witness Francois Menard Commandant Manuel Reyes Francois Vaugine, Witness Duchassin, Witness 26 OORE COMMENTS Grand Prairie Historical Society BULLETIN APRIL 1994 When Francois Menard made his "Testament" of 6 June 1789, a translation of which is found 20 GPHSB (Apr 1977) 23-25, it was only a month after Joseph Valliere, "Captain of the Infantry of Louisiana and Commandant of the Post and District of Carlos III of Arkansas", had been petitioned by "people of the Arkansas" to obtain permission from the governor general at New Orleans for them to go to war against the Osage. This tribe was belligerent to both whites and other Indians and had been particularly agressive in 1789, ambushing, robbing and killing, so that the habitants amd hunters "could not support their families or pay their debts". (Arnold & Core, ARKANSAS COLONIALS: 1686-1804, Grand Prairie Historical Society (1986) 39) In anticipation that a foray into Osage territory was imminent and aware of the danger inherent therein, two of the principal merchant-habitants of the Arkansas, Francois Menard and Jean Baptiste DuChassin dit Bayonne, filed last wills and testaments with New Orleans notaries, recognizing and making provisions for their natural children. In addition, Menard at the same time executed a deed of gift of a black slave named Maria who was sixteen years old "on account of the great love and affection which I hold for Constance Menard my natural daughter by Susana Bonne". (This deed of gift and Menard's 1789 will are in 17 Notary Pedro Pedesclaux 605 and 608, Notarial Archives, New Orleans.) This 1791 testament of Francois Menard could be a "death-bed" instrument since the Commandant and three friends were summoned at 4:00 AM. His death would have taken place, if not immediately, before 8 Oct 1792 when his wife, Madelaine Enselmy Billiet, [daughter of Anselme Billette dit LaJeunesse] is listed as "Widow Menard" in the Catholic register of the Arkansas parish. Since the Menards had no children and Francois had accumulated considerable property, he may have felt the 1789 will inadequate. Whatever the reason, it further enhances our body of knowledge about Arkansas in the 1790s. The Menard succession file reveals that Constance was living in the Ursulines Convent in New 'Orleans in January 1792 and that she was seventeen years old in 1793. Because Menard named his wife his universal heir (there being no legitimate children), there was no inventory taken and no appraisal made as no division of the property was necessary, thus denying us greater insight into life at Arkansas Post a couple of centuries ago. Constance Menard was married in New Orleans to Manuel Ximenez, a native of Havana, Cuba, 1 January 1799. In the sacramental records of the Archdiocese she is identified when married as "daughter of Francois Menard and wife Magdalene LaJeunesse, a native of the Post of Arkansas." However, records there of baptisms 1800-1803 of children of the couple name the maternal grandparents as "Francisco Menard and Susana Bon". Without these testaments it would be difficult to reconcile this data. |
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