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Marriage Contract
France, 1858

Introduction. The original contract, written in French, was in the papers of Lucille Dutech Kinney, of San Jose, California, granddaughter of Joseph Dutech and Christine Rosalie Unal. Lucille's daughter-in-law, Josephine (Mrs. Norman) Kinney, took the original to someone at a museum who translated/summarized it into English. Aunt Jo gave a photocopy of the typed translation to my mother (Mrs. Ernest Kinney). The original contract has since been lost. Below is a retyping of the translation (with minor corrections, e.g. 20,0000 to 20,000, clother to clothes).

Joseph and his wife, known as Rosalie, retained their French citizenship; however, they lived and died in San Jose, California.

[Marriage Contract Between Dutech and Unal]

The marriage contract is between Joseph Dutech, son of Francois Dutech and Madeleine Ducos, and Christine Rosalie Unal, minor, (19 years old) daughter of Pierre Unal, farmer, and Christine Eulalie Touremire, residing at Verieres. For the execution of the contract, Miss Unal was assisted by one Philibert Tournemire, apparently a relative on her mother's side. The lawyer was Mr. Basin of Paris, where the contract was drawn up on the 11th day of December, 1858, for the proposed marriage on December 30, 1858.

Article 1 of the contract states that the marriage parties agree to adopt the regulations providing for the community of property as specified by the Napoleonic Code, except for modifications listed.

Article 2 states that the parties agree to be free of debts affecting the property brought into the marriage and that if such debts do in fact exist, they are the responsibility of the party who contracted them and shall not threaten the property of the other party.

Article 3 contains a listing of the property to be brought into the marriage. The future husband declares 5000. value on clothes, personal effects, linen, jewelry, etc. He also declares a business in Saint Joseph, California, value at 45000. In addition he lists 4 houses, two at a mercury mine (Almaden) and two in Saint Joseph. Total value of all his property -- 80,000. 

I [the translator] would guess that Saint Joseph is a translation of San Jose, both having the same meaning.

Article 4 lists the property to be brought into the marriage by the bride. She declares clothing, linen, personal effects, furniture, and cash totaling 20,000.

Article 5 provides that each party of the marriage will make a sum of 1000. for community property, and that the remainder of their property and all property that falls due to each after the marriage through inheritance, gifts, etc., will be and will remain the property of each one of them and to their heirs.

Article 5 provides that any investment or transfer of property belonging to each of the parties will not affect the right to administer it or the rights to the heirs.

Article 7 provides that the survivor of the future marriage will have the right to choose furniture from the community of property valued according to appraisal at 60,000, this right to be exercised before the division of property according to the law.

Article 8 provides that in case the future wife desires to renounce her community property, her heirs will take all that she brought into the marriage as well as other property that may have been acquired by the spouse by virtue of inheritance, etc., and that such property will be free of all debts.

The remainder of the contract provides for the witnessing and signing of the contract in accordance with the provisions of French law.

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Joseph Dutech b. 1816 d. 14 Jan 1874 m. 30 Dec 1858
Christine Rosalie Unal b. abt 1840 d. 7 Apr 1919
Both born in France, died in San Jose, California
Two Children (born in California):

  1) Ernest Joseph Dutech b. 5 Oct 1859 d. 27 Mar 1941 m. abt 1883
       Rena M. Rutan b. 24 Dec 1866 d. 3 Jul 1943 - two children:

          i) Lucille Ernestine Dutech b. 17 Sep 1884 d. 29 Aug 1974 m. abt 1912
             George Spray Kinney b. 3 May 1884 d. 17 Mar 1971
             (parents of Norman and Ernest George Kinney)
         ii) Pearl V? Dutech b. 1888 d. 1976 m. Ageon? Will Green, and
             Robert Zimmerman Adams
            (parents of Robert Ernest Adams)

  2) Josephine Dutech b. 20 Oct 1866 d. 20 Dec 1952, never married

DUTECH                GKBoppHOME