Frances Ann Stuart Cheatham Succession, East Baton Rouge, LA submitted by Terry Henderson ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** Succession Record of Frances Ann Stuart Cheatham Succession of F.A. Cheatham, Filed: 6/14/1860 No. 675, 6th Judicial District Court, Parish of East Baton Rouge, Louisiana To William Hubbs, Recorder in and for the Parish of East Baton Rouge You are hereby authorized and empowered to take an inventory and cause an estimation to be made of all the property, real and personal, rights and credits belonging to the estate of Mrs. Frances A. Cheatham, late of said Parish, dec'd, to be assisted by experts by you to be appointed and qualified for that purpose. And him and you shall have executed this commission make return into and said court according to law. Given my hand and the seal of said court, this 14th day of June , 1860 Joseph. Nephler, Clerk ******************** To the Honorable the Judge of the Sixth District Court of the State of Louisiana holding sessions in and for the Parish of East Baton Rouge. The Petition of Edwin D. Cheatham of the Parish and State aforesaid succinctly shows: That his mother, Mrs. Frances A. Cheatham departed this life intestate in the year 1857 leaving a small amount of property consisting of a slave, Judith and her infant child, and the following heirs to wit: Lucretia Cheatham, wife of Francis Henderson of St. Charles, State of Missouri, Francis Cheatham and your petitioner of the aforesaid parish and state and all of the age of majority. Represents, that the said succession is in debt and it is necessary that an administration should be ? to administer and finally settle ? said succession and that our attorney to represent the absent heir should be appointed. Wherefore, the promises considered your petitioner prays that after the public notice he be duly appointed and confirmed administrator of said succession which he accepts with the benefit of ? , ? and security according to law that a commissioner to William Hubbs parish Recorder to take an inventory and estimation of said property, that an ? may be appointed to represent the interests of the said absent heir, Lucretia ? for all other interests and relief in the promises us the law and nature of such cases may authorize ? require. J. Duncan Stuart Attorney for Petitioner (Ed. Note: I believe J. Duncan Stuart is the brother of Frances Ann Stuart Cheatham and uncle of Edwin, Lucretia and Francis Cheatham). ******************** On reading and considering the foregoing petition the same regular and in conformity to law, I grant the following order-Let a public notice be given according to law in the Gazette and Comet of the written application for administration and that a commission ? to William Hubbs, Recorder of said Parish to make and warranting and causing an estimation to be made of the Estate of the deceased. It is further ordered that J.C. Stafford be and he is hereby appointed Attorney to represent the absent heirs of said deceased viz, Lucretia Cheatham, wife of Francis Henderson of St. Charles, State of Missouri. June 14, 1860 Jos. Nephler, ? State of Louisiana Parish of East Baton Rouge I, J.C. Stafford do solemnly swear that I will faithfully and ? and perform all the duties incumbent upon me as the attorney to represent the absent heir of the dec'd Mrs. F.A. Cheatham, according to the best of my ability and understanding according to law. Sworn to and subscribed before me, this 21st day of June A.D. 1860. Jos. Nephler J.C. Stafford ************************ State of Louisiana, parish of East Baton Rouge I E.D. Cheatham do solemnly swear that I will faithfully and impartially discharge and perform all the duties incumbent upon me as administrator of the estate of Mrs. F.A. Cheatham, late of said parish according to the best of my abilities and understanding and according to law. So help me God. Sworn and subscribed before me this 30th day of June, A.D. 1860 Jos. Nephler E.D. Cheatham ********************** In the matter of the succession of Mrs. Frances A. Cheatham dec'd No. 675 Sixth District Court East Baton Rouge State of Louisiana December 6, 1860 This cause, numbered and styled above, has this day taken up for trial according to regular assignment and it appears to the court that the public notice has been given, calling upon all persons interested to show cause why the final account of Edwin D. Cheatham, administrator of the succession of Mrs. Frances A. Cheatham, filed august 10, A.D. 1860 should not be approved, homologated and made the judgment of the Court---And no opposition having been filed to the homologation of the said account-Tis therefore ordered, adjudged and decreed that the said final account of Edwin D. Cheatham, administrator as aforesaid, be approved, homologated and made the judgment of the Court-And it further ordered that the bond of the said will administrator be cancelled and that the said administrator be fully and finally discharged. David Avery Judge, 6th District court Dec 6, 1860 ************************** Judgment State of Louisiana Parish of East Baton Rouge We the undersigned having been appointed experts and appraisers of the property belonging to the succession of Mrs. Frances A. Cheatham, late of this Parish, dec'd, do solemnly swear that we will make a just and correct inventory of appraisement according to the best of our abilities and understandings and according to law. So help us God. Sworn to and subscribed before me this twenty second day of June , 1860 Wm. Hubbs, Recorder Wm. D. Phillips and W.J. Walter State of Louisiana Parish of East Baton Rouge On this twenty second day of June in the year of our Lord eighteen Hundred and Sixty by virtue of an order from the Honorable the Sixth Judicial District Court aforesaid, I William Hubbs, Recorder in and for the Parish of East Baton Rouge, State aforesaid, did proceed to take and inventory and cause an estimation to be made of the property in this parish (East Baton Rouge) belonging to the Succession of Mrs. Frances A. Cheatham and to that end having appointed Mssrs. W.D. Phillips and Wm. J. Walters as expert appraisers and they having taken the oath as such required by law, I commenced said inventory and appraisement in presence of Mssrs. Henry Jones and Alex. Huntecke, witnesses in the manner following to wit; Slaves Woman, Judith aged about 28 or 30 years and her child aged about .... Months Appraised at Four Hundred Dollars $400.00 And there being no other property to appraise, I close this inventory and appraisement, amounting to Four Hundred dollars, subscribing hereto my with said experts and appraisers and witnesses the day and date first above written. Henry Jones W.D. Phillips Alex. Hunstock W. J. Walter Wm. Hubbs, Recorder ***************** State of Louisiana---Parish of East Baton Rouge SIXTH JUDICIAL DISTRICT COURT Know ye all men by these presents, that we , Edwin D. Cheatham of said Parish and State, as principal and William D. Phillips, also of said Parish and State as security, are held and firmly bound unto Daniel D. Avery, Judge of the Sixth Judicial District Court, in and for the Parish of East Baton Rouge in the sum of Six Hundred Dollars ($600)., current money of the United States of America, which we promise to pay to him or his successors in office, for the faithful performance of which we bind ourselves, our heirs, executors or assigns, firmly by these presents. Sealed with out seals, this thirtieth day of June in the year of our Lord one thousand eight hundred and sixty (1860) and the ____ of the Independence of the United States of America. The conditions of the above obligations are such, that if the above bounden Edwin D. Cheatham, as aforesaid the duly appointed administrator of the Estate of Mrs. Frances A. Cheatham, late of said parish, dec'd, does well and truly administer the said estate, and further make a just and perfect account of all his actings and doings in that capacity, and the same be duly examined and allowed by the Judge aforesaid, or any person entitled thereto by law, and also delivers up and pays unto such persons respectively, as are legally entitled to the same, all the goods and chattels, rights and credits which may remain in his hands or possession belonging to the said estate when his administration shall expire, then this obligation to be void, otherwise to remain in full force and virtue. In witness thereof, We have hereunto set our hands and seals, this day and year first above written. In Presence of E.D. Cheatham J.G. Hernandez W.D. Phillips W.J. Walter **************** State of Louisiana Parish of East Baton Rouge Recorder's Office I do hereby certify the foregoing and written has been duly recorded in this office in Book A Folio 215 of Administrators and Tutor Bonds. Given under my hand and seal of office at Baton Rouge this 3rd July A.D. 1860 Wm. Hubbs Recorder ****************** To the Honorable the Judge of the Sixth District Court in and for the parish of East Baton Rouge, State of Louisiana The petition of Edwin D. Cheatham of the parish and state aforesaid respectfully states, --that he has been appointed and duly qualified as administrator of the Succession of his dec'd mother Frances A. Cheatham which he has accepted with benefit of inventory and not otherwise. And that it becomes necessary to sell the property of said succession for cash, said Judith and her infant child to effect the payment of the debts of said succession. Therefore, the promises considered your petitioner prays that a commission for the sale of the said slave Judith and her child for cash for the purposes aforesaid and that the proceeds of the sale of said slaves be held for the payment of the debts of said succession. J. Duncan Stuart Attorney for Admin. Let a commission issue directed to Henry V. Babin, Sheriff of the Parish of East Baton Rouge, commanding him to sell for cash after legal advertisements and delay and according the slave Judith aged about 28 or 30 years and her infant child belonging to the Estate of Mrs. F.A. Cheatham late of said parish dec'd. July 2nd, 1860 Jos Nephler, Clk. ********** In the matter of the Succession of Mrs. Frances A. Cheatham Dec'd No 675 Probate Sixth Judicial District Court-parish of East Baton Rouge, LA By virtue of a commission issued in the above succession and to me directed from the Honorable Sixth Judicial District Court, and an for the Parish and state aforesaid, I Henry V. Babin, Sheriff of the parish aforesaid, by virtue of the aforesaid, on this fourth day of August (AD 1860) One Thousand eight Hundred and Sixty, at 11 o'clock a.m. of said day, in fron t of the Court House door of said parish in the City of Baton Rouge, and after legal and lawful advertisement in the Baton Rouge Gazette & Comet, a public newspaper published in said parish and City, as the law requires, proceeded to the sale and adjudication of the property hereunto set forth and described, belonging to the Succession of Mrs. F.A. Cheatham, late of said parish, deceased. Upon the following terms and conditions, viz; for Cash; and said terms and conditions, having been loudly proclaimed to the people assembled on the ocassion said sale and adjudication commenced in the presence of Mssrs Joseph Nephler and Louis Grandpree witnesses: Was offered: Judith, a negro woman aged about 28 or 30 years old and her infant-child. Which property after being frequently repeated cried was adjudicated to J.D. Stuart Esq. For the sum and price of four hundred 00 dollars. He being the last and highest bidder for said property.; having fully complied with the terms and conditions aforesaid by paying in cash into my hands, the aforesaid sum of four hundred dollars ($400), and being here present accepts this sale and adjudication so made in his favor, in the presence of Mssrs.Joseph Nephler and Louis Grandpree H.V. Babin Witnesses Sheriff Jos. Nephler L. Grand pree J. Duncan Stuart Total amount of sale: Four Hundred Dollars $400.00 Baton Rouge August 4, 1860 State of Louisiana Parish of East Baton Rouge Recorder's Office I do hereby certify the foregoing and within has been duly recorded in this office in Book R, folio 160 of Notarial Acts. Given under my hand and seal of office at Baton Rouge this 9th day of August A.D. 1860 Wm. Hubbs Recorder