Ouachita-Union County Louisiana Archives Wills.....Smith, "et Al" February 2, 1866 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/la/lafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Carolyn Jones Modica cjm@cmaaccess.com March 17, 2008, 1:47 pm Source: Succession Of Cassandra Smith Written: February 2, 1866 Recorded: April 7, 1866 To the Honorable the Judge of the 12 Judicial District Courts holding sessions in for the Parish of Ouachita State of Louisiana This petition of Francis Marion Smith a resident of said Parish and State with respect represents--- That, on the Sixth day of December, 1865, at her lateresidence in said Parish, this mother , Cassandra Smith did, intestate, that she was possessor of a small estate consisting of real and personal property, situated in zone said Parish of Ouchita, that she left no surviving husband, but nine children, all of mature age – to wits.- D. Claiborne Smith, a resident of the State of Arkansas, Lucinda, wife of James Ellison, residents of the State of Tennessee, Sanford S. Smith, A. Jackson Smith, Elizabeth, wife of Zachary Martin, Rebecca P, wife of John Wentzell, Emily C., wife of David Wentzell, Josephine, wife of Hypolite Labaun, and Lou Jo Ellison residents of the State of Louisiana. Petitioner further represents that an administrator should be appointed to ----- the property belonging to the succession, and proposes that he himself be appointed administrator with the forms of Law in such case made ----- Petitioner further prays that an order issued in the Records of Parish of Ouchita, indicating him to make an inventory and appraisements of all the property belonging to said succession – and further that Wm T. Atkins be appointed attorney to represent D. Claiborn Smith & Lucinda Ellison, the absent heirs & for all other necessary orders and for general reliefs. R.W. Jemison Atty State of Louisiana Parish of Ouachita – Let the prayer of the petitioner be granted- In the mother of this Succession of Cassandra Smith- and – It is ordered that Charles Deleny, Parish Recorder & ex official notary public for said Parish – make an inventory & appointment of all the property belonging to said succession and return this same to this officer on or before Wednesday 12th February 1866___ It is further ordered that Wm J. Atkins be appointed attorney to represent the ----- heirs, D. Claiborne Smith & Lucinda Ellison now absent for this State. Done & signed this the 2nd day of February 1866 James W ----- State of Louisiana Parish of Ouachita We & each of us absolutely swear that we will to the best of our ability and understanding appraise all of the property composing succession of the Mrs. Cassandra Smith, Decd. Which may be shown to us and come to our knowledge. Sworn to & subscribed Before me this 10th Day of February, 1866 J.S. Moore Chars DeLany Recorder State of Louisiana Paris of Ouchita Be it known that on this tenth day of February 1866, in persuarnce to an order issued from the Hon, 12th District Court, in for said parish, dated 2nd day of February, 1866, and directed to me, to make an inventory and appraisment of the property composing the Sucession of Mrs. Cassandra Smith Decd, situated in said Parish of Ouachita, I have appointed James W. Dιcor and James S. Moore, appraisers to appraise Said property, what after being sworn, according to law, proceeded as follows – Madison Rogers note for $1,080.20Appraised at $1,080.20 John Wentzell’s note for $640.27Appraised at $640.27 One feather bed& mattress& bed Clothes appraised at $60.00 One Clothes Press appraised at $12.00 One Clock “ “ $10.00 One Look Glass “ “ $3.50 1 Table & Books “ “ $20.00 Day irons, 2 shovels, tongs &Candlesticks appraised at $3.00 One Rocker “ “ $1.50 3 Trunks “ “ $15.00 4 Talbes $12.00 Washbowl & Petestal $2.50 1 Lot Crockery $ 3.50 20 Heogs moneonless $50.00 1 Cow & Calf $10.00 1 Buzzy & Harness $25.00 1 Press $3.00 Totaling to the sum of nineteen hundred & fifty one 97/100 Dollars – in faith where of I have signed my name hereto in presence of the undersigned witnesses with the appraisers on this 10th day of February, 1866. James Decer J.T. Climes J.S. MooreR.Y. Babb W.T. Atkins Atty for absent heir Charles DeLany Recorder $1,951. 27 State of Louisiana Parish of Ouchita I, F. Marion Smith sworn that I will faithfully ----------------------and perform all singular the duties------------- entrusted on me as Co-administrator of the --------------- Cassandra Smith, dec. according to the best of my ability & understanding, So help me God. Fr.Me.Smith Sworn to of scribed before me This 21st Day, Feby, 1866 A.L. Seact Dyclt [sic] State of Louisiana Parish of Ouchita. By reason of the law, the evidence & by further reason of the application of F M Smith for the administration of ----- of Cassandra Smith died having been advertised in the manner prescribed by law for more then ten clear days & no opposition having been made hereto it is ordered that said F,M, Smith be appointed Administrator of said Succession ----- his giving bond with good security taking the oath prescribed by law> Done & signed in office this 21st day of Feby ----- James H Milling Clerk State of LouisianaParish of Ouachita, Twelfth Judicial District Court Whereas, F. Marion Smith has been appointed Administrator of the Succession of Cassandra Smith and had given bond and made oath as prescribes by Law. Now, THEREFORE, he is hereby authorized and fully empowered to discharge and perform, all and singular, the duties appertaining to the said appointment according to law. In testimony whereof, I have hereunto signed my name and affixed the Seal of the Court, on this 21st day of February , A. D. 1866 A True Copy A. L. Seact By Clerk State of Louisiana Twelfth district court, parish of Ouachita Know all Men by these Presents, THAT WE, Fr Marion Smith as principal, and David Wentzell as security of are held and firmly bound unto T. S. Crawford Judge in and for said Parish of Ouachita, or to his successors in office, in the sum of Two Thousand Five hundred Dollars for the payment of which we bind ourselves, and each of us, and each of our heirs, executors and administrators, jointly and severally and firmly by these presents. Dated this 21st day of February A.D. 1866. The condition of the above obligation is such, that if the above bound F. Marion Smith administrator of the Estate of the late Cassandra Smith deceased, does well and truly, according to law, administer the same; and further, does make and render a true, just and perfect account of his actions and doings, when hereunto lawfully required, either by the aforesaid Judge or his successors in office, agreeably to law, or by the heir of said deceased, or their lawful Attorney or Attorneys, or by the duly appointed and authorized executor or executors of the last will and testament of the said deceased, should it hereafter appear that any such will or testament was by the said deceased made, then this obligation to be void, or else to remain in full force and virtue. In witness of, we have hereunto set our hands, this day and year above written. In presence of C. L LeBaunt Fr. Me. Smith Clerk David Wentzell To the Hon, the Judge of the 12th Judicial holding Sessions in an for the Parish of Ouachita State of Louisiana. The petition of F. Marion Smith, Administrator of the Succession of Cassandra Smith dec’d with respect represents that this and some debts – one by said Succession – and that a considerable fortion of the personal property is - favorable in it s motive & difficults and expensive to as mill num fully appraise lb ---- to the inventory on file ----- and that it is to the best interest of the heirs that it should be sold - ---- her ----- that an order may be issued from the Honorable Court authorizing an explanation ---- the Sale, and of the property of said Succession except the notes and accets --- one the Succession – and be further prays for general relief. R. W. Jemison Atty The State of Louisiana Parish of Ouachita Clerks Office 12th District Court To F. Marion Smith, Administrator of the Succession of Cassandra Smith, decd. In Issuance of an order issued from the ----- 12th Judicial District Court in and for the Parish & State afore said, being date February 26, A.D. 1866. You are hereby directed and required to Sell at Public Auction according to law all the property embraced in the inventory of Said Succession---------- the Notes due by John Wentzell & Madison Rogers, and make your return to the office of the Clerk of Said Court as the law directs. Witness my Official Sig and Seal of the Court, this 26th day of February A.D. 1866. James H. Milling Clerk State of Louisiana Succession Cassandra Smith Parish of Ouachita By nova of the Law and the ----- in this and it is ordered that F. Marion Smith, Administrator, sell according to Law, all of the property succeeded of the Succession of Cassandra Smith dec’d, in the inventory, except the ----- one by John Wentzell and Madison ----- Done & signed in office this the 26th day of February 1866 . James H. Milling Clerk State of Louisiana Cash Sale Parish of Ouachita Procas Verbal Be it known that on this the 17th day of March 1866, in obedience to the annexed with the State, issued from the District Court of Ouachita Parish, being Date February 26th 1866 , I, as directed, I proceeded to sell at public auction for cash all the property embraced in the Inventory of the Succession of Cassandra Smith dec’d except the Notes due by Jm Wentzell & Madison Rogers __ after having advertised the same, according to Law in the Ouachita Telegraph, a news paper publisher, in said Parish of Ouachita __ with the following results __ No Wits ___ I myself, F. Marion Smith, bid the appraisment - $10.00 for the Clock no other bid being made, Joseph W. Parker bid $3.300 for the Looking Glass and $1.50 for the Rocker being the highest and cash bidder. James W. Dran & F. Marion Smith bid the appraisment for the Home amounting in the ------ to $29.00, trunks $15.00, nothing ----bought the appraisment – The Clothes Prep and the Cow & Calf were no offers bid no claimes as the property of Mrs. Rebecca & John Wentzell and unamously ---- and the appraisers. Attest Ethen Frowler F. M. Smith R.W. Jemison Administrator of the Suc. Cassandra Smith State of Louisiana Anding Sole Parish of Ouchita Proces Verbal Be it known that on this, the 7th day of April 1866 – in absence to the amended wit to ----- I proposed to sell at ----- auction to the highest bidder all the personal property belonging to the succession of Cassandra Smith which did not sell at the cash sale made by me on this 17th day of March, cash offerr having administration the same according to law in the parish of Ouachita-----, a mem of the families in said State Parish - When H. LaBaun did off to Bid starting at $35.00. The bowl & pitcher at $4.00 & 1-Book at 25 cents - & gave his nob for $39.25 – with John H. Hobb as Security & I F.M. Smith bid off 3. Tables at $4.00 & 3 books at $3.00 – Shovel--- at $1.00. Lot of ---- at $4.00 and the ---- at $22.50 – and gave my note payable to the administrator for $35.00 with H.LaBaun as Security - $4.00 Cash was paid for the Prefs $3.00 cash for 1 table, 50 cents cash for 1 talbe, pd cash for 1-Book, making in the ---- - $82.75 – for blank and blank was not sold, it being the property of Hypolite LaBaun & Emily by first upon the Inventory. Witnesses- J.S. Moore F.M. Smith R.W.Jemison Administrator of Suc. C. Smith, decd. Additional Comments: D. Claiborne Smith, A. Jackson Smith, Elizabeth Smith, Zachary Martin, Emily Smith, Francis Marion Smith, David Wentzell, Josephine Smith, Hypolite Labaun, James Ellison, Lucinda Smith, Rebecca P. Smith,John Wentzell, Sanford S. Smith, Cassandra Smith,Lou Jo Smith, Wm T. Atkins, R.W. Jemison, File at: http://files.usgwarchives.net/la/ouachita/wills/smith375gwl.txt This file has been created by a form at http://www.genrecords.org/lafiles/ File size: 12.7 Kb