Subject: Succ.- Joseph Killian Sr. - St. Helena Par. Date: Tue, 13 Apr 1999 09:25:29 EDT From: SSanf51819@aol.com To: deanne@i-55.com Succession of Joseph Killian Sr., St. Helena Parish, La. File submitted Sherry Sanford ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ TIPS FOR SEARCHING RECORDS ON THE INTERNET Netscape & Ms Explorer users: If searching for a particular surname, locality or date while going through the records in the archives or anywhere....try these few steps: 1. Go to the top of the report you are searching. 2. Click on EDIT at the top of your screen. 3. Next click on FIND in the edit menu. 4. When the square pops up, enter what you are looking for in the FIND WHAT ___________blank. 5. Click on DIRECTION __DOWN. 6. And last click on FIND NEXT and continue to click on FIND NEXT until you reach the end of the report. This should highlight the item that you indicated in "find what" every place it appears in the report. You must continue to click on FIND NEXT till you reach the end of the report to see all of the locations of the item indicated. St. Helena Parish, La., No. 127 Succession of J. Killian, Dec'd. Catherine Killian, wife of H. Kemp vs. Joseph Killian Et Al Commipiont to make Petition & copy of Petition & Judgement Filed Nov. 17, 1860, H.E. Williams, Dy. Clerk Eighth Judicial Court, Parish of St. Helena In the matter of succession of Joseph Killian Sr. Dec'd. To Diotcian W. Thompson Recorder and Ex Officio Notary Public in and for said Parish and State. By virtue of an order and decree made and granted upon the application of Mrs. Catherine Killian Wife of Hillery Kemp in the above untitled suit ---- By the Honorable the Judge of the aforesaid Eighth Judicial District Court of said State, a certified copy of which Petition & Judgement being hereunto annexed for reference & greater certainty, you are hereby authorized, empowered, commissioned and commanded, that you make a partition of the Property & effects belonging to the said succession of the said Joseph Killian Senior Deceased between the heirs of said Killian Sr. Dec'd, in a firm & irrevocable manner, according to their respective rights, according to Law, and in accordance with the accompanying copies of said Petiton & order. And how you shall have executed this Commission you make due and legal return as the Law directs. Witness the Hand, Julius E. Wilson, Judge of said Court - this 27th day of October A.D. 1860. (Signed) H.E. Williams, Deputy Clerk To the Honorable the Judge of the Eighth Judicial District Court of the State of La., holding sessions in and for the Parish of St. Helena, said State of La. The petition of Catherine Killian, wife of Hillary Kemp, residents of the Parish of St. Helena, State of La., joined, assisted and authorized by her said husband to bring and prosecute this suit: Respectfully Represents that she is one of the forced heirs of Joseph Killian late of St. Helena Parish, Dec'd, that besides your petitioner there are Joseph Killian - Mary Killian, wife of Hezekiah Wheat, and Soloman Killian, sole heir of Matthew Killian Dec'd and by representation heir of said Joseph Killian Dec'd, the said Joseph, Mary, and Soloman, being residents of St. Helena Parish; Conrad McCrae, a resident of Livingston Parish, Heir of Nancy Killian Dec'd and by representation heir of the said Joseph --- and Martha Killian wife of Henry Skipwith -- Eliza Killian wife of E.B. Pettiss --- Amanda Killian wife of Spencer Pettiss --- and Udora, Victoria Eugenia, Myra Lavinia & Zoe Ida, three last mentioned being minors represented by Mrs. Sarah Killian Tutrix and E.B. Pettiss under tutor, all residents of the Parish of East Feliciana, the said Martha, Eliza, Amanda, Udora, Victoria, Myra & Ida in being heirs of John Killian late of East Feliciana Parish Deceased, and by representation heirs of the said Joseph Killian Deceased. Respectfully Represents that her ancestor the said Joseph Killian Senr. Deceased left in the Parishes of St. Helena and Livingston a large Estate consisting of land and slaves and stock of cattle & c, that one tract of land, one slave, and the most of the personal effects of the Estate by recomendation of a family meeting and order of Court have been sold for the purpose of paying debts, as will appear by reference to the mortuary proceedings of said Succession and that said Estate is about settled up. Represents that her ancestor the said Joseph Killian Senior in his life time, and the Administrator of his Succession, Hillery Kemp has paid out and advanced to said John Killian, now deceased, at various times large sums of money amounting in all to the sum of Four thousand Dollars for which Sum the above mentioned heirs of the said John Killian Dec'd should be decreed to account for in said Partition of the succession of Joseph Killian Senior Deceased ---- Represents that your petitioner is desirous of having a partition as soon as practical in a firm & irrevocable manner made between petitioner and her Co-heirs above named. That said partition can not be made in kind without diminution of value and detriment to the heirs, ---- wherefore the premises being considered, Petitioner prays, that said Joseph Killian, Mary Killian wife of Hezekiah Wheat, and Solomon Killian, Conrad McCrae, Martha Killian wife of H. Skipwith, Eliza Killian wife of E.B. Pettis, Amanda Killian wife of Spencer Pettis, Udora, Victoria, Nyra & Ida --- minor heirs of John Killian by Mrs. Sarah Killian their natural Tutrix --- be cited to answer this Petition --- That all the land and slaves ( Except the Homestead tract of land and slaves Anarchy, Charles, Isaac, Alex & Edmond and some milch cows reserved and set aside for the use of Mrs. Mary Killian surviving widow of the said Joseph Deceased) be sold according to Law, that a family meeting fix the terms of sale --- That the said Mary, Joseph and the heirs of John Killian Deceased be ordered and decreed to account in said Partition for the Sums of money paid out and advanced to and for their use by the said Joseph Killian Senr. Dec'd --- That a partition of all the property both real and personal be sold and the proceeds thereof, except what is herein excepted, be partitioned between your petitioner and her said Co-Heirs according to their respective rights in a firm and irrevocable manner, and according to Law, that the costs of the said partition, family meeting and this suit be paid out of the estate, and such other and further and general relief grant in the premises as may seem to your Honor just and proper, and as in duty bound & c. By her Atty -- Ivy F. Thompson A true copy of the original Petition October 27, A.D. 1860 (Signed) H.E. Williams, Deputy Clerk The law and the Evidence being in favor of the Plaintiff, Mistress Catherine Killian wife of Hillery Kemp, It is adjudged and decreed that a partition be made between her and her co-heirs, viz Joseph Killian, Mary Killian wife of Hezekiah Wheat, Conrad McCrae, the son and heir of Nancy Killian, Soloman Killian, and the heirs of John Killian Deceased, that to effect said Partition all the property belonging to the succession of the late Joseph Killian be sold at public auction by the Sheriffs of the Parishes wherein it may be situated and such terms as may be hereafter determined and that a family meeting be consuled of the relatives and friends of the minors interest, to fix the terms of such sale. It is also ordered that the Partition herein ordered be preceeded by an Inventory of the property of said succession to be made by the Recorder of the Parish of St. Helena assisted by John M. Vernon and Shepard B. Draughon, as Experts, and if there be property situated in other Parishes by the Respective Recorders thereof to be assisted by Experts hereafter to be named, Thomas Hughs, Stephen R. Cockern, John Cockern, James Strickland, Abram Womack Junior, Peter H. Kemp and Jonathan D. Kemp or any five of them are appointed members of the said family meeting. And as it appears to the Court that the said deceased did pay the debts of the late John Killian one of his sons, It is determined that collation is due for such payment by the heirs of John Killian representing him in this succession but as there's not sufficient evidence exhibited to the Court to enable it to ascertain the amount to be paid or deducted by such collation, It is ordered that the amount of the Share of said heirs of John Killian be retained in the hands of the Administrator of said Joseph Killian Instate until the question of collation shall be finally adjudged. (Signed) G.W. Watterson, Judge 8th Jud. Dist., La. October 24, 1854 A true copy of the original Judgement October 29th A.D. 1860 (Signed) H.E. Williams, Deputy Clerk Amount brought forward 1107.50 1st note 123.05 The second note interest to date amount 34.45 Conrad R. McRae Note same date calling for the sum of Eight hundred & Twenty five Dollars with 8 per cent interest after due until paid principal & interest amounting to $ 916.66 C.R. McRae Second note dated the same date calling for the sum & Like interest . Principal and interest amounting to 850.66 Joseph Killian first note dated same date due 12 months after date calling for the sum of Twelve hundred and Fifty dollars, 8 per cent interest after due. Principal & interest amounting to the sum of 1398.87 Also the second note dated same date and calling for the like sum & Like interest due Two years after date. Principal & interest amounting to the sum of 1288.87 One Note on Nathaniel Grace as principal. One Joseph Killian as security dated 9th Feb. 1856 due Twelve months after date calling for the sum of Principal & interest 29.49 One note on Able Hodges dated same date. One Twelve months after date amount Principal & interest to the sum of 14.11 One note on Joseph Killian dated same date due Twelve months after date Amounting Principal and interest to the sum of 102.15 One note on C.R. McRae dated same date due Twelve months after date amounting to Principal & interest to the sum of 456.04 One other note on C.R. McRae dated from date due Twelve months after date amounting to Principal & interest amounting to 34.24 Sol Killian note dated same date due Twelve months after date Principal & interest amounting to 916.66 Amount brought forward $ 8370.25 Soll Killian Second Note same date due Two years after date amounting to Principal & interest to the sum of 850.66 A judgement against Joseph Killian for the sum of 262.00 Mrs. Catherine Kemp wife of H. Kemp being the sum of 151.78 H. Wheat the sum of 119.25 Total Amount of Pre-trial -- $ 9753.94 James A. Williams Clerk's Court - $36.20 B.F. Hodges Sheriff Cost - 15.10 State & Mill Tax Court 1854 - 7.00 This amount due H. Kemp, Admin. - 19.37 D.W. Thompson - 15.00 - 92.67 ________ $ 9661.27