Philip Robin

FROM JOURNALS OF THE LEGISLATIVE ASSEMBLY OF THE PROVINCE OF CANADA from the 14th day of June..being the first-8th Provincial Parliament..., Volume 5 Part 2 Appendix Y A 1846 9 Victoria 30th of April:

(paraphrased by Elaine)

The legislative account concerns the Gossets of Jersey petitioning to say Philip and Martha's marriage was invalid. (It occurred before a Justice of the Peace and adequate records were not kept at that particular time--but should have been but this was not well known in Gaspe. Also there were no ministers nor priests in the county....) Petition was denied and "proof" of marriage, after the fact, was accepted. Said marriage was to have taken place 23 Aug 1811. The Gossets were executors of the will and one was married to a daughter of a Madelaine Lehmann who also was Philip's wife!

Philip's will was cited:

The will was dated at Paris the 10th of June, 1840 Philip is said to have been formerly of the Island of Jersey, afterwards of the City of Paris, but late of Wabern near Berne in Switzerland where he died..

He leaves his "natural daughter", Elizabeth, spouse of Jean Le Boutillier, residing in Canada, two thousand pounds Sterling, and in case of her death, to her children, independently of the sum of three thousand pounds in trust for here in the name of James Robin and Jean Durell. By the same will, he bequeathed business shares and ships, estates, debts and merchandize belonging to his firms in Canada and Cape Breton along with the Manor of Grande-Riviere to his nephews, the Gosset's . He then leaves a life annuity of one hundred pounds Sterling to Marthe Arbour, residing at Perce, and then he gives to "my dear wife, Madelaine Lehmann," a life annuity of three thousand francs of France. (The legislative journal notes here that one of the Gosset nephews who inherited the business was married to a daughter of Dame Madelaine Lehmann by a previouis marriage)

On the 8th Nov 1842, Elizabeth robin, wife of John Le Boutillier received and both of them signed for two thousand pounds Sterling received of Messrs. J.H. Gosset, C. R. Gossset and James Hammond, Executors of the Will.

The journal also states that Mrs. Arbou (sic) has also been drawing the annuity which was ordered by I.H. Gosset of Jersey and payments were drawn from the Executor's account.

OK, to me, (Elaine), It looks like the annuity was taken out with a first payment of 100 and payments of 50 thereafter, April 1842--100, October 1842--50. 1843 April--50, 1844--Jan, April, Dec. 1845--July I think it is to equal 100 per year and is taken out in two 50s. Perhaps all this legal mess being hashed out caused the lack of a second installment in 1844 but it appears to be made up by having three in 1845.

In October of 1845, the journals record in London, that Marthe Arbou of Perce, "styling herself " as widow of the late Philip Robin, Esquire made application on 10th August, 1843 to the Provincial Judge of Gaspe, to establish the proof of the validity of her marriage with the late Philip Robin, Esquire. On the 18th of Sept, her application was rejected. Her counsel was Etienne Martel, Esquire. She and her counsel and and the (other) heirs of Philip's by their counsel, John Robinson Hamilton, Esquire were heard on this petition. Upon consideration, "it appears that the"pretended" marriage with the late Philip robin, took place on 23rd Aug, 1811. If such a marriage took place, it was good and valid in Law for all civil rights under the Provincial Statute, the First, George the Fourth, chapter ninteenth; and calls upon the Provincial Judge of the District to order the en-registration of the said marriage under the Fourth of George the Fourth, chapter thirteen. In light of this, it is considered and judged that the Petitioner's case does not fall into place and it therefore rejected. -- Jno. Thompson, Provincial Judge. District of Gaspe.

After this judgement, an appeal was filed before the King's Bench for the District of Quebec and costs were paid on 20th Feb, 1844, There is an act now before the Assembly altering the laws of evidence with respect to marriage in Lower Canada which will assist Marthe in establishing the marriage, thereby destroying the marriage legally contracted by Mr. Robin with Madelaine Lehmann. The new law, if passed, "will render valid that which was illegal at the time of contracting and render invalid that which was legally contracted."

I think that means that it will make Marthe of Gaspe the true wife and Madelaine of Jersey would be left out in the cold. This would mean and I quote: " It would also vest in Mrs. Marthe Arbou the one half the estate or property acquired by the late Philip Robin in Lower Canada since the date of the said pretend marriage. This would be a VERY large property; Mr. Gosset, therefore, would be deprived of that half, inasmuch as it has been bequeathed him by his late uncle's will.

All Mr Gosset wants is for whatever Law the Legislature thinks proper to pass, that his case may be excluded and governed by the current laws and that the Legislature not interfere between him and the parties concerned in Mr. Robin's estate.

(Yeah, right...then he can cut  Marthe  out completely, huh?)

Petitions were filed to the Attorney's endorsation on 1st Geo. 4, chap. 19 and 4th Geo, 4, chap. 15. Both Acts were inapplicable to the case.

Attorneys are called in before the Committee and questioned for days. Documents are presented and what we would call "character witnesses" are heard from.

The letter of petition says there were no priests nor ministers in the County at the time of the marriage and that John Beck, Esq, of Cap d' Espoir being one of the Justices of the Peace of His late Majesty in that district, married them. Also the marriage was celebrated according to the rites of the established Church of England..... Beck's statement and seal is presented.

Marthe is ordered to appear before the court in person OR her attourney and counsel with her proofs in support of her Petition--and they witll render Judgement on the conclusions.

The Jersey wife's side brought up the initial rejection of Marthe and Philip's marriage. Marthe's side from Gaspe/Perce, brought a lot of good stuff. documents and witness statements. They mention there was no minister nor priest in the Gaspe district at the time. They have prominent citizens giving their voice.

The Perce judge sees Susan Beck in person. She is the daughter of the original Justice of the peace who married Philip and Marthe. Susan says she knew that her father married one of the partners of the House of Ccharles Robin and Company and since that time has known the petitioner (Marthe) as Dame Philip Robin. That they lived together as man and wife and furthermore, she said Dame Robin has always been admitted the Sacraments of the Roman Catholic Church.

There follows statements from the Perce Judge of many other witnesse's testimony before him. Joseph Methot of Perce who knew the Justice of the Peace well. He knew Marthe for sixty years, the last thirty of which, she was known as Dame Robin....

Called before the Honorable John Gawler Thompson, Her Majesty's Provincial Judge of and for the District of Gaspe, were witnesses, Henry O'Hara, Esq., of Gaspe Basin,