Succession Intestate: Elihu Garner Whatley and Ann Otwell Whatley, 1981: LaSalle Parish, LA Contributed for use in USGenWeb Archives by Jennapher Cameron Lawson ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** PROBATE NUMBER 16,013 28TH JUDICIAL DISTRICT COURT PARISH OF LASALLE STATE OF LOUISIANA SUCCESSION OF ELIHU GARNER WHATLEY and ANN OTWELL WHATLEY PETITION FOR FILING FINAL ACCOUNTING AND FOR AUTHORITY TO DEPOSIT FUNDS FOR HEIRS Now comes, Ruby Dukes, appearing as administratrix of this- succession who respectfully represents: 1. Elihu Garner Whatley, the father of your petitioner died intestate, in LaSalle Parish, Louisiana, wherein he was domiciled on March 16, 1936. Elihu Garner Whatley was married but one time and that being to Ann Otwell Whatley. Of that marriage fourteen children were born and decedant had no other children. 3. Elihu Garner Whatley having died intestate, his succession should be divided in equal portions among his children or their representatives. Each child of decedant or their representative is entitled to .0769 of the assets of this succession less their allocated share of expenses. 4. As shown by the attached final account, all debts owed by the succession of Elihu Garner Whatley have been paid as well as all expenses associated with the administration of the succession. There was on hand as of January 31, 1981 the sum of $49,953.21 in cash to be divided among the heirs or their representatives or assigns. - - - 5. The following is the amounts due each child of Elihu Garner Whatley or their children, legatees, representatives or assigns and the expenses which should be allocated to that share: NAME OF HEIR, % OF ASSETS ENTITLED, GROSS AMOUNT ENTITLED, LESS ALLOCATED EXPENSES, NET AMOUNT DUE: Martha Grant, .0769, $4441.95, $753.24, $3688.71 Issac Elihu Whatley, Sr., .0769, $4441.95, $573.24, $3688.71 Enoch Whatley, .0769, $4441.95, $753.24, $3688.71 Peter Whatley, .0769, $4441.95, $753.24, $3688.71 Clarence Whatley, .0769, $4441.95, $753.24, $3688.71 Ruby Whatley Dukes, .0769, $4441.95, $523.24, $3918.71 Mae Mitchell, .0769, $4441.95, $523.24, $3918.71 Fred Whatley, .0769, $4441.95, $423.24, $4018.71 James Whatley, .0769, $4441.95, $423.24, $4018.71 Josephine Sisson, .0769, $4441.95, $741.64, $3700.13 Lottie Allen, .0769, $4441.95, $523.24, $3918.17 Lessie Lees, .0769, $4441.95, $523.24, $3918.17 Alice Cruse, .0769, $4441.95, $523.24, $3918.17 The names and addresses of the children of Elihu Garner Whatley and their descendants are as follows: (1) Martha Whatley Grant, (now deceased) who died on February 8, 1963, and it is unknown if she died testate or intestate, and was survived by two children: Marrel Grant Rt. 4 Box 857 Orange, Texas 77630 Ora Mae Harris Ninth Avenue Nederland, Texas 77627 (2) Issac Elihu Whatley, Sr., (now deceased) who died on February 9, 1935, and it is unknown if he died testate or intestate, and who was survived by five children, they being: Aletha Whatley Tarver Rt. 6 Box 164 Baton Rouge, LA 70815 Pearl Ganey P.0. Box 116 Ball, Louisiana 71405 Annie Alford Rt. 205 Pelehatchia, Mississippi 39145 Bernice Whatley P. 0. Box 605 Jena, Louisiana 71342 and (2) Issac Whatley, Jr., Cnow deceased) who died on October 26, 1973 and it is unknown if he died testate or intestate, and who was survived by four children, they being: Dorthice Whatley Johnson Clarey 4133 Chestnut Street Zachary, LA 70714 Dennice Brannon Maurine Street Baker, LA 70714 C. Garvin Whatley 10950 Darryl Drive #298 Baton Rouge, LA 70815 Delene Whatley (minor) 4133 Chestnut Street Zachary, LA 7O791 (3) Susan Whatley Hargrove (now deceased) who died on May 24, 1933 leaving no heirs and leaving no last will and testament. (4) Alice Whatley Cruse (now deceased) whose exact date of death is unknown, and it is unknown if she died testate or intestate, and who was survived by two children, they being: Homer Cruse 1704 Lester Street Bossier City, LA 71111 Alfred Harold Cruse c/o Louisiana War Veterans Home P. 0. Box 236 Jackson, LA 70748 (5) Enoch Whatley (now deceased) Whose exact date of death is unknown and it is unknown if he died testate or intestate, and who was survived by four children, they being: Enoch Whatley, Jr. Star Route Box 104 Rosamond, CA 93560 Leola W. Theriot P. 0. Box 366 Troy, AL 36081 Taylor Whatley Union Bank Bldg., Suite 303 525B Street San Diego, CA92110 and Edrena whatley Touchett (now deceased) who died on May 26, 1963 and it is unknown if she died testate or intestate, and who was survived by two children, they being: Joseph Ellison Touchette, whose current address is unknown and James Michael Touchette, whose current address is unknown. (6) Peter Daniel Whatley (now deceased) who died on April 25, 1972 and it is unknown if he died testate or intestate, and was survived by three children, they being: Marvin Edward Whatley 119 Oklahoma Avenue Oak Ridge. Tennessee 37830 Meryl Yvonne Schue 1135 Crestbrook Lane Rosewell, GA 30075 Malcolm Whatley 429 St. Paul Street Burlington, Vermont 05401 (7) James Whatley (now deceased) who died testate in LaSalle Parish, Louisiana on May 15, 1978, leaving no children. James Whatley's last will and testament has been probated (Docket Number 15,488; 28th Judicial District Court, Parish of LaSalle) that according to the proceedings mentioned above Bertie Cranford 1217 Cardinal Lane Pineville, LA 71360 and Janice Williams P. 0. Box 402 Tioga. LA 71477 have been recognized as residuary legatees under the last will and testament of said decedent. (8) Lottie Allen (now deceased) who died August 15, 1975 in Harris County, Texas, who died leaving no children, who by testament recorded in the Lasalle Parish Clerk of Court's recorder at conveyance book 89, page 427 bequeathed her share in this succession to the following seven individuals: James Whatley (now deceased) who died May 15, 1978, who bequeathed his portion to Janice Williams and Bertie Cranford Fred Whatley 511 East Lenney Ave. Dayton, Texas 77535 Lessie W. Lees 1217 Cardinal Lane Pineville, LA 71360 Ruby Dukes P. 0. Box 402 Tioga, LA 71477 Mayme Landrum P. 0. Box 942 Lampasas, TX 76550 John Robert Ozan Rt. 3 Box 742 Colfax, LA 71417 Elizabeth Mitchell Glenn Rt. 3 Box 742 Colfax, LA 71417 (9) Lessie Whatley Edwards Lees 1217 Cardinal Lane Pineville, LA 71360 (4) (10) Clarence Edgar Whatley (now deceased) who died on May 24, 1955 and it is unknown if he died testate or intestate, and who was survived by one child, namely Helen Francis Moore, whose current address is unknown. (11) Josephine Sisson (now deceased) whose exact date of death is unkown and it is unknown if she died testate or intestate and was survived by four children, they being: Frank Carson Sisson P. 0. Box 243 Douglas, Alaska 99824 Benny Sisson 95 Cypress St. Orange, Texas 77630 James Sisson P. O. Box 576 Porter, Texas 77365 David Sisson C/O J. M. Sisson Natchitoches, LA 71457 (12) Ruby Whatley Dukes P. 0. Box 402 Tioga, LA 71477 (13) Mae Mitchell (now deceased) whose exact date of death is unknown and it is not known if she died testate or intestate, and was survived by one child, namely Elizabeth Ozan Glenn Rt. 3 Box 742 Colfax, LA 71417 (14) Fred Whatley 511 East Lenney Avenue Dayton, Texas 77535 .7. Petitioner's final tableau of distribution was homologated by this Court on January 20, 1981 and all the succession debts and charges listed thereon have been paid. 8. Petitioner attaches a final account in this succession and identifies it as Exhibit "A'. 9.. Petitioner avers that to the best of her knowledge, information and belief, the successions of the following deceased heirs have not been judicially opened nor have the heirs of these decedents been placed in possession of any of their assets: (1) Martha Whatley Grant (2) Issac Elihu Whatley, Sr. (3) Issac E~ihu Whatley, Jr. (4) Alice Whatley Cruse (5) (5) Enoch Whatley. Sr. (6) Edrena Whatley Touchett (7) Peter Whatley (8) Clarence Edgar Whatley (9) Josephine Sisson (10) Mae Mitchell 10. On information and belief, petitioner avers that to the best of her knowledge the following heirs or legatees have sold or alienated their rights in this succession: (1) Homer Cruse and Alfred Harold Cruse transferred, sold or otherwise alienated their rights in the succession of Elihu Garner Whatley by act of transfer identified by registry number 107,533 recorded in conveyance book 103 at page 476 of the Lasalle Parish records, to Charlie M. Andrews, William E. Appleby and John Henry Lees. (2) Janice Williams, legatee of James Whatley, transferred, sold or otherwise alienated her rights in the succession of Elihu Garner Whatley by act of transfer, identified by registry number 112,103 recorded in converyance book 112 at page 501 to Audie Haley, Star Route, Jena, Louisiana. (3) Bertie Cranford, legatee of James Whatley. transferred, sold or otherwise alienated her rights in the succession of Elihu Garner Whatley by act of transfer, identified by registry number 111,312 recorded in conveyance book 111 at page 113 to John Henry Lees, Charlie Andrews and William Appleby. (4) Lessie Edward Lees transferred, sold or otherwise alienated her entire rights in the succession of her father, Elihu Garner Whatley by act of transfer identified by registry number 107,461 recorded in conveyance book 103 at page 332 of the Lasalle Parish records, to Charlie M. Andrews, William E. Appleby, John Henry Lees. (5) Frank Carson Sisson transferred, sold or otherwise alienated his entire rights in the succession of Elihu Garner Whatley by act of transfer identified by registry number 107,985 recorded in conveyance book 104 at page 271 of the Lasalle Parish records, to Charlie Andrews, William E. Appleby and John Henry Lees. (6) Benny Sisson James Sisson David Sisson transferred, sold or otherwise alienated their entire rights in the succession of Elihu Garner Whatley by act of transfer identified by registry number 107,822 recorded in conveyance book 104 at page 48 of the Lasalle Parish records to Charlie Andrews, William E. Appleby and John Henry Lees. (7) Fred Whatley transferred. sold or otherwise alienated his entire right in the succession of his father, Elibti Garner Whatley by act of transfer identified by registry number 107,529 recorded in conveyance book 103 at page 466 of the taSalle parish records to Charlie Andrews, William E. Appleby and John Henry Lees. 11. In order to complete the administration of the succession of Elihu Garner Whatley, it is necessary that the portion due the above mentioned heirs, legatees. decedants or their assigns be paid and satisfied. 12. There being no succession proceedings for ten of the potential heirs of Elihu Garner Whatley and petitioner having no means to verify how the portion due those heirs should be divided, and there being at least ten potential heirs who have alienated or sold their interest in this succession, petitioner desires to proceed to obtain an order of this Honorable Court authorizing her as Administratrix of this succession to deposit into the Registry of the Court to the credit of the heirs described above all monies currently being held which are assets of this succession. 13. Petitioner further suggests to the Court that the funds so deposited be released and paid to the heirs, legatees, or assigns upon their providing satisfactory proof of their relationship to Elihu Garner Whatley, his heirs, their representatives or assigns. 14. Petitioner avers that some of the heirs of this succession are absentees and it has been necessary to have an attorney appointed to represent their interest and accordingly his fee has been made a part of the Court costs and has been paid accordingly, it should be deducted from the portion due those persons he represented and the proportionate deduction is contained in the expenses as set forth in Paragraph 5 above. 15. \ A copy of the above petition and the final account has been sent via certified U. S. Mail, return receipt requested to each heir, legatee, representative and assign mentioned in the above petition at the address stated herein. A copy has also been sent to Norris Jackson, attorney ad hoc for absentee heirs. WHEREFORE, petitioner prays that the final account be filed according to law, that after notice to the heirs of the deceased is given as required by law the attached account be homologated, that she be allowed to deposit into (7) the registry of this Court a1l monies in her possession which represent assets of this succession, that the attorney appointed herein to represent the absentee heirs be required to show cause on a date and hour fixed by this Court why the Administratrix of this succession should not be allowed to deposit all monies which represent assets of this succession into the registry of this Court to the credit of the heirs of Elihu Garner Whatley Prays further that said heirs of Elihu Garner Whatley be paid their proportionate share of the assets less allocated expenses upon satis- factory proof to this Honorable Court of their relationship to Elihu Garner Whatley. RONALD J FIORENZA Provosty Sadler & deLaunay Post Office Drawer 1791 Alexandria, LA 71301 ATTORNEY FOR PETITIONER State of Louisiana Parish of Rapides BEFORE ME, the undersigned authority, personal1y came and appeared Ruby Whatley Dukes, who being first duly sword did depose. That she is the administratrix in the above mentioned succession, that she has read the foregoing petition and that all of the allegations of fact therein contained are true and correct to thebest of her knowledge. RUBY WHATLEY DUKES Sworn to and subscribed, Before me, on February (19th), 1981. "-2 CERTIFICATE I hereby certify that a copy of the above and foregoing petition and final accounting has been this day mailed to the following persons via U. S. Mail, certified, return receipt requested. Alexandria, Louisiana, this 19th day of February, 1981. OF COUNSEL Marrel Grant Ora Mae Harris Aletha Whatley Tarver Pearl Ganey Annie Alford Bernice Whatley Dorthice Whatley Johnson Clarey Dennice Brannon C. Garvin Whatley Delene Whatley Homer Cruse Alfred Harold Cruse John Robert Ozan Frank Carson Sisson Jarnes Sisson Charlie Andrews John H. Lees Norris Jackson Enoch Whatley, Jr Leola W. Theriot Taylor Whatley Marvin Edward Whatley Meryl Yvonne Schue Ma1colm Whatley Bertie Cranford Janice Williams Fred Whatley Lessie W. Lees Ruby Dukes Mayme Landrum Elizabeth Mitchell Glenn Benny Sisson David Sisson William Appleby Joseph Wilson EXHIBIT "A" CIVIL SUIT 16,013 SUCCESSION 28TH JUDICIAL DISTRICT COURT OF PARISH OF LASALLE ELIHU GARNER WHATLEY and STATE OF LOUISIANA ANN OTWELL WHATLEY FINAL ACCOUNT Account for Period May 23, 1979 through January 31, 1981. The period covered by this acconnt is May 23, 1979 through January 31, 1981. Schedule I: Property received by and in possession of the administratrix during period: A. A one-half undivided interest in and to the following described property to-wit: East one-fourth (1/4) of the Northeast quarter of the Northwest quarter and the North one-half of the North- east quarter of Section 20; also the South one-fourth (s 1/4) of the Southwest quarter of the southeast quarter of Section 17, all in Township 8 North, Range 3 East, Louisiana Meridian, containing 100 acres, more or less, together with all buildings and improvements thereon or thereto belonging. Said interest in property, pursuant to approval of the 28th Judicial Court, obtained October 28, 1980 was sold at private sale on September 29, 1980 for the sum of $59,226.00. TOTAL FUNDS TO BE ACCOUNTED FOR $59,226.00 Schedule II: Disbursements by the administratrix in accordance with orders of this court: A. Charges and debts paid in accordance with the tableau of distribution homologated on 1. Administratrix bond $ 62.00 2. Survey of succession property 1,537.50 3. Appraisal of succession property 250.00 4. Court Costs 1,842.64 5. Fee to Administratrix 1,480.65 6. Fee to Provosty, Sadler & deLaunay 4,100.00 TOTAL DISBURSEMENTS $9,272.79 RECAPITULATION TOTAL CASH RECEIPTS 59,226.00 TOtAL DISBURSEMENTS TO DATE 9,272.79 CASh BALANCE ON HAND, January 31, 1981 $49,953.21 ORDER The foregoing petition and affidavit considered, IT IS ORDERED that Norris Jackson previously appointed as attorney to represent the absentee heirs herein show cause on the _______ day of ____________________________ 1981 at __________ o'clock why the Administratrix of the Succession of Elihu Garner Whatley should not be ordered and allowed to deposit all funds representing assets of this succession into the registry of this court in Probate Number 16,013 on the docket of the 28th Judicial District Court for Lasalle Parish, Louisiana entitled "Succession of Elihu Garner Whatley and Ann Otwell Whatley". Signed at Jena, Louisiana, on this the _______ day of _________________ 1981. JUDGE