Succession of M. Hahn..., - 06 Feb 1888 St. Charles Parish, LA Submitted by: Linda Robin lrobin8@bellsouth.net Source: St. Charles Parish Clerk of Court, Hahnville, LA, Minute Book No. 3, 26th Judicial District Court Oct. 17, 1887 - Feb. 15, 1890 Pages 21, 23-27, 30-34 Date Submitted: 4 Sep 2001 ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** Succession of M. Hahn Opp of Rochereau L. Dugazon Opp of Hassurger Opp of Hibernia Ins. Co. Opp of Dubuclet Judge - Emile Rost Case #269 Attorney's for Succession - A. E. Billings, D. B. H. Chaffe, R. J. Harris Attorney's for Defendent's - C. F. Claiborne, Heidenheim, McClus Ky Feb 6, 1888 - Monday: Case fixed for Tuesday, Feb. 21, 1888. On motion of A.E. Billings, due proof of the publication of the account of the Executrix of the Succession having been made. It is ordered...that said account be and is homologated in so far as not opposed. Feb. 21, 1888 - Tuesday: The account of the assets is correct...all immovables belonging to said estate are accounted for. Attorney's for Executrix offer in evidence: 1. process verbal of sale of moveable property, filed 2/6 - exhibit "A" 2. Will of M. Hahn disposing of Law Library - exhibit "B". Mr. Heidenheim testified that the note sued upon in case of "Graugnard vs. Alfred Shaw", would prove there was such a note in existence - petition marked "6". 3. Mortgage Book 16, Folio 258 (St. Charles Parish) would prove the Mortgage of S. Theriot of the Creole Store Property. Mortgage note is lost and interest is due on it since April 1886. 4. The three notes secured by Mortgage drawn by M. Hahn now held by Rochereau & Dugazon marked "D, E, F." 5 Act? of Mortgage in favor of M. Dejean securing same, passed before J. Fahey, Notary Public on Jul 12, 1883 and certificate of registry of same, marked "G". On Opp of A. Rochereau & C. Dugazon, opponents withdrew opposition to the sheriff's sale and admits it correct. Opponents withdrew opposition to Clerk's bill up to $382.05 and admits correctness. Opposition to appraisers fee was withdrawn. Attorney's for Opponents offers in evidence: 1. Letters of Dat. Teshy, Executrix of Mrs. Urban, of April 18, 187?. 2. Petition asking appt. as Dat. Teshy, Exexcutrix and order herein filed Feb. 7, 1887. Inventory dated July 15, 1886 amounting to $45, 751.35. Attorney for Succession offers testimony of W. S. Benedict taken...in New Orleans, Saturday, Feb. 18, 1888, marked "H". 7. Testimony of F. B. Earhart & Mr. Gerault Farrar in support of Earhart claim taken by consent at 29 Camp Street, Thursday, Feb. 2, 1888. 8. Records in case of Robert Worrel vs Michael Hahn, No. ___, marked "J". 9. Testimony of R. J. Harris taken Jan. 21, 1888 in New Orleans, marked "J". 10. Commission interrogatories and answers to same of D. W. Bliss & O. J. Staples of Washington City(?) and process verbal of Notary marked "K". 11. Testimony of C. O'Shaunessy contained in exhibit "H" providing funeral expenses of $21.75. 12. Bill of P. Johnson & Sons, undertakers for the funeral marked "L". Opp. to items reserved for future costs withdrawn. 13. Process verbal of sales proving separately the amount bought by property mortgage to Rochereau & Dugazon amounting to $1860.00 to be produced. Also sale of property mortgage to W. S. Benedict for $500. 14. Test of C. O'Shaunessy as to the sum of $200, money loaned to the deceased by O'Shaunessy. 15. Attested account of Ernst & Co., proprieters of Foersters Rice Milk for $57. 92, marked "M". 16. Attested acct of Mrs. Julia Shurts for $2448.70 marked "N". Objected to on the grounds that it is an ex parke' affidavit. Overruled as going to the effect and not admissable. 17. Bill of Wm Muhl for $6.50. 18. Testimony of J. ? Becker contained in exhibit "H" 19. Note drawn at 90 days by M. Hahn dated Feb 17, 1886 in favor of J. Hassinger...marked "O" 20. Attested bill of E. Heuth for $36 marked "P" 21. Testimony of T. J. Brown...in exhibit "H" 22. Two notes of M. Hahn dated April 19, 1886...to R. Worrel for $1000. each marked "Q" and "R" 23. Bill of Wilbert & Sons for $247.87...for an acct filed Oct 13, 1887. Atty for Executrix, on opp. of Dubuclet on behalf of Judge Berault offer in evidence the notes and pledges securing same. It is admitted that the copies of notes are correct. Counsel for Hibernia Ins. Co. offers in evidence eleven notes dated Oct 30, 1885 and...payable respectively, 6, 9, 12, 15, 18, 21, 24, 27, 30, 33, and 36 months after date drawn by M. Hahn to his own order and by him endorsed. Ten notes for $327.28 each and one for $654.60 marked from 1 to 11. Attorney for J. Hassinger offers in evidence: 1. Testimony of R. J. Harris, Jan 21, 1888. 2. Copy of subrogation in case of Graugnard vs Shaw Ex~ No. 281 subrogating Hassinger to claim of Graugnard by order of court. 3. Petition in case of Graugnard vs Alf. Shaw executor #281. 4. Stub and check of Alf. Shaw for #85 on L.N. Bk. payable to S. M. Berault for acct to Graugnard for $769.05. 5. Check Book of J. Hassinger showing payment of $800 favor Alf. Shaw for M. Hahn Mortgage 6. Info. against R.? Garner for forgery 7. Check purported forged for $500 8. Affidavit of Col. Breaux 9. Testimony of R. H. Chaffe. Opp of Rochereau & Dugazon offers in evidence: 1. Three notes already offered and Act of Mortgage securing payment of same and certificate of registry of same. 2. The petition of Mrs. C. Urban for supplemental appraisement filed March 10, 1887 on order of March 9, 1887. It is agreed by Counsel for Executrix that her commission will be based on the second appraisement amounting to $14, 504.10. Testimony of R. J. Harris is support of Mrs. Urban claim against Graugnard case. Counsel agreed that the case be argued at Chambers on Tuesday, the 28th. It is further agreed that the court render and sign the judgement in or out of term time and either party be allowed to take an appeal on motion in Chambers without citation, the same as if done in open court and after notice of judgement. March 29, 1888 - The final account filed with this Succession on Nov. 18, 1887 is opposed by the following creditors: Rochereau & Dugazon, J. Hassinger, Francois Dubuclet, A. Wilbert & Sons and Hibernia Insurance Co. The opp. of Rochereau & Dugazon covers all the items on the debit side of the account and asks that the Executrix be charged with $3000. worth of moveables for which she fails to account. The second appraisal of moveables takes March 18, 1887 fixed the value of moveables and claims...at $1469. The process verbal of moveables in May 28th and June 18th gave the proceeds of the sale of the moveables appraised at $470.25. There is nothing in the record to show that any...moveables are not accounted for and the opposition as to this item must be dismissed. The Opp. further charge that the item Mortgage in favor C. Graugnard on house and lot now held by Mrs. Urban with interest. $840.82 should be stricken out of the account as a privelage debt, because the sum has been paid...another creditor J. Hassinger opposed the item and claims to be the owner of the Mortgage on the grounds that having paid the Mortgage, creditor Graugnard he is subrogated to the rights...Hassinger...a creditor of the Succession...attained an order staying execution of a writ of seizure and sale in order to pay...Graugnard whose claim was preferable to his that at the same time he handed Alfred Shaw the Executor of the Succession his check for $800 and that...the clause was settled on July 13, 1887...The Opp. by Rochereau & Dugazon is dismissed, and that the Opp. by Hassinger be maintained & that the final account be awarded by placing J. Hassinger therin as holder and owner of the Graugnard Mortgage. The items of Sheriff's Costs remain at $513.32, while the item for Clerk's costs is reduced by...(to) $382.05. The item of appraisers remains as is fixed in the account. The items of Commission of the Executrix is...fixed at $362.60 subject to a credit of $175. for rents and sale of Books collected by her and not accounted for making net commissions $237.05. The item of fees of W. S. Benedict, attorney for Executrix is...reduced to $400. The item of A. E. Billings, attorney for Executrix & R. J. Harris, attorney for A. Shaw, Executor,...are...reduced to $50. each. The item of F. B. Earhart, attorney for A. Shaw, Executor, is...$100. The item of Dr. Bliss seems reasonable...and the opposition...is dismissed... (for) $75. The item of Willards Hotet Board Medicine and Attention of Nurse during last illness is not proved in detail...and the charge of $606. is excessive and should be reduced to $303. The item of funeral expenses paid by O'Shaughnessy, $21.75, is covered by a check...dated July 17, 1886 as shown on the stub of the check book of Alfred Shaw. This item is ordered to be stricken from the account and also the item reserved for building a tomb, there is no law authorizing such an application of the funds of an insolvent Succession. The item of funeral expenses paid by F. Johnson & Sons, $24.50, and also the item reserved for the future costs, $50., are both maintained. The Opp. of Rochereau & Dugazon is maintained as to the following items... N. Underwood Services, $62.50; Mrs. Julia Scheutze loan, $2448.70; William Muhl Books, $6.50 and A. Wilbert & Sons, $240.87. As to the other items, the opposition is dismissed. The Opp. of the Hibernia Ins. Co...for $3975.40 is maintained. The Opp. of Francois Dubuclet for $800. is maintained. The Opp. of A. Wilbert & Sons...is dismissed. The account of the Executrix is amended...to the total amount of $3,057.74... (also) the account be amended by striking out the above mentioned claims... and by adding the claim of Hibernia Ins. Co. for $3,927.40 and the claim of Dubuclet for $800., and that said account where so amended shall be homologated and become the final judgement of this court. The Succession is to pay all costs. (Signed) Emile Rost, Judge March 29, 1888 Filed April 7, 1888