Keywords: 18th Century France, Convent Law, Religious Community, Donation Entre Vifs, Inheritance Dispute, Women’s History, French Jurisprudence, Legal Ephemera

Summary:
An original early 18th-century French legal pamphlet titled “Arrest de la Cour du Parlement”, recording a decision of the Parlement concerning the validity of a lifetime donation made in exchange for lodging, food and maintenance. The judgment is dated April 3, 1716, and was printed in Paris by Jean-Raoul Morel, bookseller and printer located at the entrance to the Grande-Salle of the Palais, at the sign of the Image of Saint John.

The full printed heading reads, in part:

“Arrest de la Cour du Parlement. Par lequel il a esté jugé qu’une donation faite à titre onéreux, pour estre logée, nourrie & entretenuë pendant la vie, dont la charge est aussi forte que les choses données, en sorte qu’il n’y a pas de libéralité, est bonne & valable, quoiqu’elle n’ait pas esté insinuée.”

In modern terms, the court held that a transfer made in return for substantial lifetime support—including accommodation, food and maintenance—was valid even though it had not been formally registered or insinuated, because the obligations assumed by the recipient were considered equivalent to the value of the property transferred. The decision therefore treated the arrangement as an onerous or contractual donation rather than a purely gratuitous gift.

The dispute arose between the Superior and community of the Filles de l’Adoration Perpétuelle du Saint-Sacrement, a religious house established at Charonne near Paris, and a woman identified in the text as Demoiselle Marie Vassaut, described as the adult daughter and sole heir of Demoiselle Marthe Neret. The case concerns an earlier donation made by Marthe Neret to the religious community on March 27, 1700.

According to the printed account, Neret sought admission into the community and transferred property in consideration for being received, housed, fed, clothed, cared for in sickness and health and maintained for the remainder of her life. The community additionally undertook religious obligations, including prayers and services following her death. The agreement included financial terms involving a lifetime pension, a lump-sum payment and income from contracts or rents.

After Neret’s death, her heir challenged the donation, apparently arguing that it was invalid because it had not been formally registered and asserting rights to property or proceeds from the sale of a house. The Parlement rejected the challenge, upheld the donation and ordered performance of the associated contractual obligations. The ruling also addresses the payment of pensions and the disposition of funds resulting from the sale of property.

Antique condition consistent with more than 300 years of age.

Measurement: 10 x 7 3/4 in. (25.4 x 19.7 cm.) approx

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