Caddo Parish Succession of Kelly, Thomas Transcribed and Submitted by John Paul Woodley, Jr., October 21, 2014 Contact: John Paul Woodley Jr ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** The Succession and Will of THOMAS KELLY Court Document: B5706 Nov 11, 1897 State of Louisiana Parish of Caddo Before me Cal D. Hicks, a Notary Public in and for the said Parish and State, duly commissioned and qualified, came and appeared Thomas Kelly, a person to me well known, and in the presence of J. H. Stephens, M. T. Quigles and J. B. Stephens, all residents of the Parish of Caddo State of Louisiana, and the said Thomas Kelly gave and dictated to me his will, which I have taken and written as dictated by him to wit: In the name of God, I, Thomas Kelly, do declare this to be my last will and testament: I hereby will, bequeath, transfer and make over to my dear wife Marguerite Kelly all of my property real, personal and all kinds whatsoever or wherever situated, to inure to her benefit and use, and that of our minor children, Joe, Tom and Nellie, and to our two daughters Annie M. and Mary Leo Kelly, as long as they remain single, as applied to Annie and Mary, and as long as Joe, Tom and Nellie are minors and remain with their mother. In case it becomes necessary, and my wife shall be the judge of that, she shall have the right to sell any property she may think proper, to meet the demands and emergency of herself and the five children already mentioned. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I will and bequeath to my son William Alfonse Kelly Lots Eleven and Twelve (11 and 12) in Block Three (3) and Lots One, Two and Five (1, 2 & 5) in Block Two (2) of the City of Shreveport, with all the buildings and improvements thereon. Also One Hundred Sixty (160) acres of land situated on Cypress Bayou in Caddo Parish, bought at Sheriff’s sale from T. M. Gilmer. Also one half (1/2) interest in lands bought from the Vicksburg Sport & Pacific Railway Company, located in Cross Lake in Section Twenty one (21) Township Eighteen (18) Range Fourteen (14) in Caddo Parish Louisiana and being now in the name of my son Charles W. Kelly. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I will and bequeath to my second son Charles Walter Kelly one half of Lots Nine and Ten (9 and 10) in Block Three, with all the buildings and improvements thereon. Also about two (2) lots of ground contained in an angular tract near Mrs. Gonzalles. Also Lots Four and Five (4 and 5) in Ten-acre Lot Two (2) all in the City of Shreveport, with all the buildings and improvements. Also Eighty (80) acres of land situated on Twelve-Mile Bayou between the bayou and the river joining the Ben Holzman place on the North and the Mulhaupt place on the South. Also one hundred sixty (160) acres of land in Bossier Parish Louisiana, just below the old residence of Judge Skannel. Also what stock he now has in his possession belonging to me. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I will and bequeath to my son Francis Michael Kelly (Hank) Lot No. Three (3) in Block No. Fifteen (15) of the City of Shreveport, Caddo Parish Louisiana with all the buildings and improvements thereon. Also one-half of the one hundred sixty (160) acres of land on Cypress Bayou, bought at Sheriff’s sale from T. M. Gilmer, the whole of which I have herein given to my son William, when I only intended to give him half, and Frank the other half, and I hereby declare the said tract of 160 acres to be thus divided. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To my daughter Annie Marguerite I will and bequeath Lot No. Six (6) in Block No. Three (3) of the City of Shreveport Louisiana, with all the buildings and improvements thereon. ~~~~~~~~~~ To my daughter, Mary Leo I will and bequeath Lot No. Two (2) in Block No. Fifteen (15) in the City of Shreveport Louisiana, with all the buildings and improvements thereon. ~~~~~~~~~~~~ To my son John Paul I will and bequeath Lot No. Eleven (11) in Block No. Fourteen, City of Shreveport Louisiana with all buildings and improvements thereon. ~~~~~~~~~~~~~~~~~~~~ To my son Joseph Gentile, I will and bequeath Lot No. Twelve (12) in Block No. Fourteen in the City of Shreveport Louisiana with all the buildings and improvements thereon. ~~~~~~~~~~~~ To my son Thomas Marcus I will and bequeath Lot No. Thirteen (13) in the City of Shreveport Louisiana, with all the buildings and improvements thereon. ~~~~~~~~~~~~~~~~~~~~~~~~~~ To my daughter Nellie, I will and bequeath my present home place being Ten (10) acre Lot No. Three, known as the Marion Place. Also the amount of my life insurance policy in the Catholic Knights of America, for Two Thousand Dollars, for her education, or so much thereof as my wife may deem necessary. ~~~~~ I also give to my two daughters Annie and Mary a half (1/2) interest each, in Lot No. Fourteen (14) of Block No. Fourteen (14) in the City of Shreveport Louisiana, with all the buildings and improvements thereon. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I also will and bequeath to my sons Charles W. Kelly two-thirds (2/3) interest and Francis M. Kelly one-third (1/3) interest in Lot Fifteen (15) in Block No. Five (5) of the City of Shreveport Louisiana, with all the buildings and improvements thereon. ~~~~~~~~~~~~~~~~~~~~~~~~~~ It is my will and desire, and the intention of this will, that no child mentioned herein shall become possessed of any part of their inheritance bequeathed to him or her by this will, as long as their mother lives, except as I have stated in the case of Nellie for her education, the money from the insurance policy is of course to be managed by her mother. Provided also that in case either or both of my two daughters Annie and Mary should marry, the portion stipulated herein shall be given them. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ All incomes from notes, rents interest or otherwise, from any source whatever, shall be due to and collectable by my wife, and she shall be the sole manager of same. She must not be disturbed in the management of my affairs and the possession of my property as long as she lives; but must remain in undisputed possession, except in the conditions relative to the marriage of Annie and Mary. It is my intention also that my wife shall be the sole administratrix and executrix without bond. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Whereupon I, the said Notary read this will to the said testator in the presence of the aforesaid witnesses: having received testators said will and having written the same as dictated, and that all the legal formalities have been fulfilled at one time, without interruption and without turning aside to other acts. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ In testimony whereof I have caused the said testator to sign this act in the presence of the foregoing witnesses who sign the same with said testator and me the said Notary. All done and signed in the City of Shreveport, Caddo Parish Louisiana on this 10th day of October AD 1895. Attest: J. H. Stephens ) Thos Kelly M. T. Quigles ) signed J. B. Stephens ) Cal D. Hicks, Notary Public A true copy Cal D. Hicks, Notary Public To the Hon. the Judge of the 1st Judicial District Court, in and for the Parish of Caddo, State of Louisiana. The petition of Mrs. Margaret Kelly, as resident of the State and Parish aforesaid, with respect represents that Thomas Kelly, husband of your petitioner, departed this life at his residence in said Parish on the 23rd day of November A.D. 1895, leaving within the jurisdiction of this court considerable property real and personal. Your petitioner further represents that her said husband left a last will and testament, nuncupative in form by public act, the original of which a copy of which in due form is hereto annexed and made part hereof, naming your petitioner in said will as executrix of the same without bond. Your petitioner further represents that the estate of her deceased husband owes no debts, but that debts are due said estate by various parties, and that the same can not be collected without suit, and that it is necessary that she be recognized and confirmed as Executrix for the purpose of instituting suits to collect the debts due to said estate. Wherefore, premises considered, your petitioner prays that the court fix a place, day, and hour for the probate of said last will and testament; that the same be probated, recorded, and executed according to law; that your petitioner be recognized and confirmed as Executrix of said last will and testament without bond & upon taking the oath required by law, that letters testamentary issue to her; and that a commission issue to any duly qualified Notary of said Parish of Caddo directing him to take an Inventory and make an appraisement of all the property belonging to the Succession of Thomas Kelly, deceased. She further prays for all orders and decrees necessary in the premises, for costs and general relief. John R. Land, Atty for Petitioner On reading the foregoing petition, the law being in favor thereof, it is ordered that Thursday November 11th A.D. 1897 at 10 A.M. at the Court House of Caddo Parish, in chambers, be and is hereby fixed as the place, day, and hour for the opening and probate of the last will and testament referred to in foregoing petition. Done & signed in chambers on this the 10th day of November A.D. 1897. A. D. Land Dist. Judge Process Verbal State of Louisiana ) No In the District Court, Parish of Caddo ) Caddo Parish, State of La. Be it remembered that on this the 11th day of November A. D. 1897 at 10 A.M. at the court-house of Caddo Parish, in chambers, before me, A. D. Land, Judge of the First Judicial District Court of Louisiana, and pursuant to an order of this court of date November 10th A.D. 1897, was produced a certain document purporting to be the last will and testament of Thomas Kelly, deceased, said will being nuncupative in form by public act, and open and unsealed. Whereupon the following testimony was taken and proceedings had, viz: J. D. Lee, a resident of this State and Parish aforesaid, being first duly sworn, deposes and says: I have known Thomas Kelly for a number of years. He died at his residence in the Parish of Caddo on November 23 A.D. 1895. I acted as one of the pall-bearers at his funeral. J. D. Lee Sworn to & subscribed before me this Nov 11th 1897 A. D. Land Judge August Erickson, a resident of Caddo Parish, first being duly sworn, deposes and says: I have known Thomas Kelly a number of years. He died at his residence in the Parish of Caddo on the 23rd day of November A.D. 1895. I acted with Mr. J. D. Lee as one of the pall-bearers on the occasion of his funeral. Aug Erickson Sworn to & subscribed before me this Nov 11/97 A. D. Land Judge After having taken the above and foregoing depositions, said last will and testament, being nuncupative in form by public act, and furnishing full proof under the law, I proceeded to read and then did read the said testament of the said Thomas Kelly, of date October 10th A.D. 1895 in an audible and distinct voice to the witnesses above named and other persons present; and the said testament appearing to be regular in form, I paraphed the same “Ne Varietur” at the beginning and end of each page, and thereupon rendered the following decree: By reason of the law and the evidence being in favor thereof, it is ordered, adjudged, and decreed that the last will and testament of Thomas Kelly, deceased, be filed, recorded, and executed according to law; it is further ordered, adjudged, and decreed that Mrs. Margaret Kelly, wife of Thomas Kelly, deceased, be and is hereby recognized and confirmed as Executrix without bond of said testament and that letters testamentary issue to her on her taking the oath required by law. It is further ordered that a commission issue to F. A. Leonard, Clerk and ex officio Notary Public of the Parish of Caddo, directing him to take an inventory and make an appraisement of all the property belonging to the Succession of Thomas Kelly, deceased, according to law. In testimony whereof, I have hereto signed my name on this the 11th day of November A.D. 1897. A. D. Land Judge 1st Jud Dist of La This is a transcription of the original handwritten record of Civil Case No. 5706, Succession of Thomas Kelly, maintained by the Clerk of the First Judicial District of Louisiana at the Caddo Parish Courthouse in Shreveport, from a copy obtained from the Clerk in 2014. Transcribed by John Paul Woodley, Jr., October 21, 2014.