Act in Advance of Succession

Jean Duchemin divided his estate of La Madeleine between his six sons prior to his death by executing “An Act in Advance of Succession” on May 20, 1661 before the royal notaries Guy Halley and Isaac Ybert in Tinchebray. This act superseded the customary practice of primogeniture which meant that the family estate was inherited by the first born male child. In addition to the division of his estate, the act imposed the condition that Jean would be allowed to continue to live in his rooms and be provided with food and water for the remainder of his life. The act also required the brothers to take care of their sister Rachel until she married and pay her 600 pounds when she married.

An interesting feature of the agreement was the manner in which the estate was divided. The youngest son, Jean, was given the task of dividing the estate into six shares, and then the brothers each selected one of the shares beginning with the eldest brother David and proceeding in order of age. Jean, being the youngest, was left with the last remaining share. Therefore he had a strong incentive to make the shares as equal as possible so that the share left for him would be as valuable as the others. This is an early application of the fair division problem that is an active research area of mathematics and game theory.

Analysis

This act contains several items of genealogical interest:

• Jean Duchemin is identified as the son of Remy and a citizen of Tinchebray
• David, Isaac, and Daniel Duchemin are identified as the sons of Jean Duchemin and Guillemette de Monbrey
• Samuel, Charles, and Jean are identified as the sons of Jean Duchemin and Anne Le Noir
• Rachel is identified as the unmarried daughter of Jean Duchemin
• The birth order of the six sons is given as David, Isaac, Daniel, Samuel, Charles, and Jean
• Jacques Duchemin is identified as a son of Remy
• Because neither of Jean’s wives are mentioned, they are assumed to both be deceased at the date of the act.
• The original document includes the signatures of Jean, his brother Jacques, and the six brothers

Original Document

The original document is located in the Departmental Archives of L’Orne, Alençon, France, reference number 4E80/61, page 31 to 37.  A copy obtained from the archives is available at the following link: Act in Advance of Succession – Original. An example page from the document that includes the signatures of all parties is shown below.

Transcription

The original document is written in 17th century French cursive and is challenging to read, even for native French speakers. A transcription of the document was made by Jacky Delafontenelle and Marie-Françoise Allouis which allowed a translation to be made. Click here to download the transcription and translation.

Translation

A translation (made using automated tools) is given below.

Agreement to Divide Estate of Jean Duchemin Prior to his Death

The twentieth day of May, the year one-thousand six hundred and sixty one before Guy Halley and Isaac Ybert, royal notaries in Tinchebray

Present was Jean Duchemin, son of Rémy, a bourgeois of Tinchebray, who, of his own free will and accord, due to his age, advanced the succession of all his inheritances situated and located within the free borough of said Tinchebray, consisting of meadows, a house, garden, and arable lands, to David, Isaac, Daniel, Samuel, Charles, and Jean Duchemin, his sons; reserving for himself his movable property to dispose of as he sees fit, so that the aforementioned brothers may have equal shares and choose according to birth order, to enjoy as would have been done or could have been done by the said Jean Duchemin father.

This was accepted by the aforementioned children, subject to the charges and conditions that follow. It is to be known that the aforementioned children will fully and completely discharge their father, Jean Duchemin, of any outstanding debts, without any reservation: whether for assessment and collection of taxes – both from previous years and in the future -, constitution of rent contract, movable obligations, and generally all that is due.

Furthermore, the aforementioned children will allow their father to reside in the room where he has always lived for the rest of his life. Additionally, they will allow him to place two barrels and a pipe for drinking in the courtyard below for his use. Additionally, he will have a square herb garden with manure to fertilize it, or, if they prefer, he can take what he needs from their gardens. Moreover, he may reasonably take fruit with a knife.

The aforementioned children will also pay their father for his living expenses, heating, and clothing, the sum of nine twenty (180) Tours pounds each year, to be paid on the day of Pentecost next coming, and so on from year to year until the death of the aforementioned Jean Duchemin, father. They have jointly agreed to this obligation, one for all, except for compensation in the case of an advance. And because the said Jean Duchemin, father, due to his age, could not go far to buy apples to make cider for his use, in case there are any at the place called La Magdeleine, the aforementioned children will provide eighty or a hundred bushels of good apples to their father, provided that he pays them reasonably at the current market value.

It is also agreed that when the opportunity arises to marry Rachel Duchemin, daughter of the aforementioned Jean, the aforementioned brothers will pay for her wedding, which will amount to 600 Tours pounds , payable as follows: 300 livres on the day of the wedding and 100 livres each year for the following year, until the payment is completed. In case she is not married during the lifetime of her father, the aforementioned brothers will pay her 30 livres per year for her maintenance until she is married. Additionally, Rachel will receive a wedding dress and a bed consisting of a duvet, two pillows, a casteloune (a type of blanket that comes from Catalonia, where they were often made), and a canopy made of serge from Caen. This agreement has been made and settled between the aforementioned father and his children, in the presence of witnesses Robert Poret and Jacques Duchemin, son of Rémy.

J[ean] Duchemin [father]
I[saac] Duchemin       D[avid] Du Chemin
D[aniel] Duchemin     C[harles] Duchemin
S[amuel] Duchemin        J[ean] Duchemin
R[obert] Poret          J[acques] Duchemin
G[uy] Halley          I[saac] Ybert

Agreement to Create Shares of Estate

The twenty-fourth day of May in the year one-thousand six hundred and sixty one

Present were David, Isaac, Daniel, Samuel, Charles, and Jean Duchemin, brothers who, although born from two mothers, namely David, Isaac, and Daniel from Jean Duchemin and Guillemette de Monbrey, and Samuel, Charles, and Jean from Jean Duchemin and Lady Anne le Noir.

Nevertheless, in order to maintain good brotherly concord and friendship forever, and to avoid any discord or legal disputes that could arise in the distribution of the inheritance that has fallen to them through the deaths of their mothers de Monbrey and le Noir, and even in the inheritance of their father due to the advancement that he has made to them today, after having well and maturely considered that the advantages of one and the other are of equal value, they have – by this lasting and irrevocable transaction – agreed, consented, and wished that all the movable and immovable property of the aforementioned inheritances be divided and separated equally among them as if they were all born from the same womb, without any privilege of one over the other, except for the right of primogeniture.

To accomplish this, the said brothers give, by this present document, power to Jean Duchemin, their youngest brother, and authorize him to divide the inheritance as equally and fairly as possible, so that the eldest may choose according to their order.

Furthermore, it is agreed among the said brothers that Samuel, Charles, and Jean will pay the sum of 300 livres to Isaac as a reward for the debt that he had paid in the discharge of the said inheritance.

Additionally, it is also agreed among the said brothers and their sister Rachel Duchemin that when a party presents himself to contract marriage with the said Rachel, they undertake to pay on the day of the wedding, the sum of 300 livres, plus an additional 300 Tours pounds , which will be paid according to the termsset forth in the said marriage contract. All of which amounts to 600 Tours pounds.

And, in order to fully satisfy and maintain all of the above, we bind all of our present and future property, renouncing any and all rights or claims that may be contrary to or diminish this present agreement made through mutual consent, without having been forced to do so except by fairness and careful consideration, and in order to forever maintain our brotherly friendship. Done in the presence of Jacques Duchemin son of Rémy and Robert Poret, witnesses.

D[avid] Du Chemin       I[saac] Duchemin
D[aniel] Duchemin       C[harles] Duchemin
S[amuel] Duchemin       J[ean] Duchemin
R[obert] Poret       J[acques] Duchemin
G[uy] Halley       I[saac] Ybert

Description of Each Share

This is the first of six lots made by Jean Duchemin son of Jean, of the inheritances that are to be divided between him and his older brothers David, Isaac, Daniel, Samuel, and Charles Duchemin, due to the advancement of succession made to them by their father Jean Duchemin. These inheritances are located in the Bourgeoisie of Tinchebray, terrier of La Magdeleine. This lot is to be communicated and shared among the said brothers, so that each of them may make their choice according to their order of seniority. The other lot will remain for Jean Duchemin since it was not chosen, in accordance with customary law, for each to enjoy their share as inheritance, subject to the charges outlined in the said advancement of succession and in accordance with the agreement made between the said brothers, which includes authorization to make the said lots and other provisions. The said lots are as follows.

And firstly

whoever gets this lot will have one of the houses in Tinchebray which consists of the living room, bedroom, and attic on top, front porch, courtyard, and a portion of the herb garden in the back, along with half of the (damaged) part of the back of the house that serves as a barn and stable, partway across, which will be measured inside the whole property, facing the St Rémy church, subject to paying a rent of 32 sols to the Mortain domain revenue office, payable to the hereditary sergeant of Tinchebray.

The first and second lots will have a shared gable to divide the said house, behind which they will be strong enough to support a double chimney if they so desire. And furthermore, the said first and second lots shall be required to maintain a double chimney and even the gutters that are between the houses of the first and second lots.

It is understood that there will be a common path between the gardens of the first and second lots, which they will both use to go to the back courtyard, which will be five feet wide and sufficient to transport a barrel on a sled, and the first lot shall be allowed to use the ladder to cover the end of the second lot’s house, and shall have a portion of land to be taken from the top of two pieces of land known as the “Haute Vallée,” situated towards Tinchebray, adjoining on one side the heirs of Louis Hardouin and Julien Hurel, on the other side the fifth and sixth lots, on one end said Hurel and on the other end the main road, containing one acre or thereabouts.

Also, the first lot shall have a portion of the “Bion Meadow” towards the top, adjoining Pierre de Querel le Hamel, on one end the third lot and on the other end the road of the Communes, containing rods and pennies, one quarter or thereabouts. All of this by the boundaries.

Second lot

One of the houses in Tinchebray will have a room, a shop, a bedroom, and an upstairs attic over the front porch, the small stables in the back, and a portion of the back garden for herbs, along with half of the back house used as a barn and stable, divided in two by measurement from the inside, all in the air, adjoining the heirs of Adrien and Jacques Hardouin, brothers.

The first and second lots will share a common gable to separate said house, which will be strong and left suspended to accommodate a double chimney. They shall also maintain the gutters between said houses of the first and second lots. It is understood that there will be a common path between the gardens of the first and second lots, which they will both use to go to the back courtyard, and which will be five feet wide, sufficient to transport a barrel on a sled.

The present lot will have access to the ladder on the portion of the first lot’s garden to cover the part of said back house when necessary. Additionally, it will have a portion of land to take at the bottom of the Foire St Luc, running along it towards the south, adjoining on one side Julien Hurel, David Duchemin, and Pierre Querel le Hamel (?), and on the other side the third and fourth lots, one end being the fifth lot and the other end being the road leading from Magdelaine to the Commons, containing 3 rods or thereabouts according to the survey.

Also, it will have a portion of Bion Meadow, at the end towards the paper mill, adjoining on one side the property of said mill, on the other side the Commune road, one end being the first lot and the other end being said paper mill, containing half an acre of land or thereabouts according to the survey.

The third lot

will have a portion of the large house of Magdelaine, serving as a courtyard, bedroom, and upstairs attic, with the press located at the end as an entrance from the front and back, with half of the herb garden, with a portion of land located at the end of the said house that would be part of the Champ de la Foire St Luc, in the middle of said field, all in one holding.

The said portion of land contains half an acre, half a quarteron or thereabouts, without including the said house, courtyard, and garden that adjoins on one side the second lot, on the other side and at one end: the fourth lot and at the other end: the road leading from Magdelaine to the Commons. It is understood that half of the tower of the said house remains in common between this present lot and the fourth lot, for the service of their houses, with the exception of the cabinet located at the top of the said tower which remains the property of this present lot, with the obligation to maintain the roof of the said tower.

And they may agree that this present lot and the fourth lot will make a separation between the two attics, in half, either with stones or timber framing, as they see fit. And as for the front door, facing the Grand Chemin, if they cannot agree on its current state, this present lot and the fourth lot may agree to close said door and each make a new one, in line with their respective houses. And if it remains in its current state, they will build an awning over it together. The portion of land mentioned above will be divided according to its boundaries.

Also, they will have a portion of Bion Meadow, with the middle being above the paper mill property, between the 1st and 5th lots, containing one and a half rod, eight and a half perches, or thereabouts, according to the boundaries.

The fourth lot

will have a portion of the house of Magdelaine, serving as a stable, bedroom, and upstairs attic, with the apentil located at the end of the courtyard and the exit at the end towards the setting sun, with half of the herb garden undivided, on the same end towards the setting sun.

They will also have a portion of the Champ de la Foire St Luc, part of which runs alongside the Grand Chemin, on one side with the third lot, at one end with the road from Magdelaine to the Commons, and at the other end with the road marked to develop the said divisions.

The said portion of land contains half an acre, four perches or thereabouts, according to the boundaries. However, this does not include the said courtyard, house, and herb garden. It is understood that half of the tower of the said house will remain in common between the present and the third lot, for the service of their houses, with the exception of the cabinet at the top of the said tower, which remains the property of the third lot, with the obligation to maintain the roof of the said tower.

They may also subject themselves to make a separation between the two attics, by half, either with stones or timber framing, as they see fit. As for the front door towards the Grand Chemin, if they cannot agree on its current state, they may agree to block the said door and each make a new one in front of their own houses. And if it remains in its current state, they will make a shared awning to prevent the ruin of the said house.

Regarding the Bion Meadow, the fourth lot will also have a portion, located beneath the property of the paper mill, adjacent on one side to said mill, on the other side to the fifth lot, and at one end to the heirs of Mr. Julien Roche. It contains half an acre less three perches, or thereabouts, as measured and divided.

Fifth lot

will have a portion of land to be taken at the bottom of the Rollant Valley, partly through the end towards the rising sun, with a house on it, as it is contained by the boundaries, adjoining on one side: Julien Hurel, on the other: the last lot, on one end: the 1st lot and on the other: the 2nd lot. It contains 3 rods and 4 perches.

Also, it will have a portion of the Bion Meadow, partly through the upper end towards the midday sun, near the lock, adjoining on all sides the Nibée River (?), the mill property, the third lot, and Julien Hurel and Etienne Duchemin, a furrier, containing one and a half rods and four perches.

Sixth lot

will have a portion of land, named the Petite Vallée, consisting of both planting and ploughable land, with a house serving as a hall and stable, on it towards the rising sun, adjoining on one side the Grand Chemin, on the other: the 5th lot, on one end: the 1st lot and on the other: the path intended to cultivate the lands of said shares. It contains 3 rods and 14 perches or thereabouts. It is required to allow Isaac Duchemin to raise a small building on the said portion. All according to the boundaries.

Also, it will have a portion of the Bion Meadow, below the paper mill property, at the upper end towards the lock, adjoining on all sides the river, the mill property, and the 4th lot. It contains half an acre, half a quarteron or thereabouts and according to the boundaries. Also, it will have a small portion of land through the Bois Huan, named the Quarries, as it contains and belongs to said Duchemin.

Common costs

And everything: as the said inheritances contain and as it belongs to the sharer, with all the rights, boundaries, roads, dignities, freedoms, woods, hedges, and ditches belonging to said inheritance, and according to the markers and boundaries placed when surveying them.

The 1st and 2nd lots will be required to carry the third, fourth, fifth, and sixth lots in their portions of meadow taking from the common path and returning to the boundary near the large stone; from there, between each, they will make their portion of meadow. Namely, the fourth and second lots on a bridge that will be required to be made on the property for the exploitation of their portion below said property.

Furthermore, it is agreed that the tenant of the 6th lot will carry the road of the 5th lot on a bridge that the tenant of the 5th lot will make, without causing inconvenience to said property – as it has been done in the past. It is understood that two stones – which serve to carry the bridge mentioned above, and even serve to put a “pallée” (a wooden barrier for irrigation) to make the water overflow to irrigate the meadows during the season – will remain, to be used as ancient “ruols” (streams).

And also, agreed that the 1st and 2nd lot will have the water descending from the top of the Poret meadows and even the rainwater descending from the Magdelaine cavity. Namely: the 1st lot will have two-thirds of it and the 2nd lot will have the other third. The rainwater cannot be diverted from the Grand Chemin by any of the tenants of the said lots, as they are intended to flow downstream on the Canée road for them, the 1st and 2nd lots, as stated.

As for the well, it will remain communal between the said brothers, along with the trough of the said well. And, in case of necessity, it will be permitted to go to the fountain on the 6th lot, as of old. And the said brothers will have the right to crush the fruits growing on their shares at the press belonging to the third lot. The crushing will start on the day after St. Gilles Day, and the eldest of the succession will begin the first three days, and so on in their order of seniority. And the said communal use of the press will last for 10 years.

And, in case of necessity, if some barrels fail due to wear and tear and cannot be used anymore, during those 10 years, they will be replaced at common expense. As for the rights that belong to the tenants of the Champ de Foire, because of the St. Luc fair, each one will give up what they hold of said field. And since hedges could not be made, due to the St. Luc fair, in said field, the tenants of the third and fourth lots will each make a dead hedge that they will renew each year for the convenience of said fair.

And the old streams, waters, paths, roads, fountains, and commons will remain communal as of old, except for the pear trees that are outside the essence(?) of the bottom of the Champ de la Foire which remain on said second lot. And one will carry the other wherever it is necessary, where at least there will be no damage, doing so. If there is any dispute or obstacle regarding these present shares or any part thereof, they will intervene for a sixth part, either in contribution or defense.

If there is anything left to share, it will be shared upon discovery. And all of this will be at the expense of the tenant of the third lot, who must allow the aforementioned Jean Duchemin, their father, to enjoy the room retained by the aforementioned advancement for the duration of his life, and even to put 2 barrels and a pipe of cider in the courtyard, according to the desire of the aforementioned advancement, and all subject to the charges set forth therein.

These present lots were made, signed, and settled in the presence of Isaac Ybert, royal notary and surveyor in Tinchebray, on the 27th day of May in the year 1661, in the presence of Jacques Basin and Guillaume Salle, witnesses.

G[uillaume] Salle       J[ean] Duchemin
J[acques] Basin
G[uy] Halley       I[saac] Ybert

Selection of Shares

On the last day of May in the year one thousand six hundred sixty-one, before Henry Halley and Isaac Ybert, royal notaries in Tinchebray, David, Isaac, Daniel, Samuel and Charles Duchemin, brothers and bourgeois of Tinchebray, were present. After having been informed of 6 lots made by their present brother Jean Duchemin of the divisible inheritance between them due to the advancement of succession made to them by their father Jean Duchemin, located in the Bourgeoisie of Tinchebray and the Magdelaine area, and having found said lots on the 27th day of this month, they proceeded to choose them as follows: David Duchemin, as the eldest, declared to choose and opt for the 3rd lot; Isaac, the 4th; Daniel, the 6th; Samuel, the 1st; and Charles, the 5th lot. And the other one was returned, for not being chosen, to Jean, the younger son in said succession, to dispose of each of their parts, for inheritance purposes, under the charges and conditions carried by said lots and advancement of succession, and I drew up the act for them, each of them.

D[avid] Du Chemin
D[aniel] Duchemin       I[saac] Duchemin
C[harles] Duchemin
S[amuel] Duchemin
J[ean] Duchemin
[unknown]       [unknown]
G[uy] Halley       I[saac] Ybert