MANUEL, Augustine; Estate, St. Landry Parish, Louisiana Submitted by Mike Miller ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** Estate of Augustine Manuel # 5706, Probate Docket, 16th Judicial District Court, St. Landry Parish, Louisiana Estate of Augustine Manuel To Honorable E. T. Lewis, Judge of said Court: The petition of E. Miller Miller; of Laurentine Miller, wife of Landry Soileau; and of the said Landry Soileau to aid, authorize and assist his said wife herein; of Martel Miller; of Camille Miller; of Marguerite Miller, wife of Laurent Boutte, and of the said Laurent Boutte to aid, authorize and assist his said wife herein; of Eliza Miller, wife of Phirmin Dupléchin, and of the said Phirmin Duplechin to aid, authorize and assist his said wife herein; of Dora Miller, wife of Theophile Guillory, and of the said Theophile Guillory to authorize, aid and assist his said wife herein; of Faustin Miller; of Antoine Fontenot; of Ernestine Fusilier, wife of Adrien Fontenot, Jr., and of the said Adrien Fontenot, Jr., to aid, authorize and assist his said wife herein; all residents of the Parish of St. Landry except Mr. and Mrs. Duplechin, who reside in the Parish of Calcasieu, with respect represents; That they are owners in common with Elia, Marie, Solomon and Louis Miller, minors, issue of the marriage of Antoine S. Miller, dec'd, and Ophelia Fusilier, surviving widow and natural tutrix of said minors; Joseph Parfait, Felicien, Joseph Antil, Eva, Louise, Gabriel and Jean Bte Fontenot, minors, issue of the marriage of Elimia Lafleur, dec'd, with Jean Bte. A. Fontenot, surviving husband and natural tutor of said minors, Parfait, Emilia, Marie, and Azelia Fontenot, minors, issue of the marriage of Augustine Lafleur, dec'd, with Theizac Fontenot, surviving husband and natural tutror of said minors; Eli and Marguerite Ardoin, minors, issue of the marriage of Onezia Miller, dec'd, wife of Eli Ardoin, surviving husband and natural tutor of said minors; and Jean Pierre Miller, and all of the property of the above numbered and outlined estate. (next page) Petitioners further represent, that they are the children and descendants of the intestate; that the intestate had nine children or their descendants who survived her; that there are therefore nine roots or sets of heirs; that said E. Miller Miller, Laurentine Miller, wife of Landry Soileau, Martel Miller, Homer Miller, and Jean Bte Miller, are the surviving children of the intestate and are each entitled one-ninth of her estate; that Ernestine Fuselier, wife of Adrien Fontenot, Jr., is the only surviving descendant of Augustine Miller, dec'd wife of Onezime Fusilier and daughter of the intestate, and as such entitled to one-ninth of her estate; that Onezia Miller, dec'd daughter of the intestate was twice married, leaving by her first marriage one child, Antoine Fontenot above mentioned, and by her second marriage Eli and Marguerite Ardoin; that each if [sic] her said children are entitled to one-third of one-ninth of the estate of the intestate, that is to say, to one-twenty-seventh part thereof; that the aforenamed Camille Miller, Marguerite Miller, wife of Laurent Boutte, Eliza Miller, wife of Phirmin Duplechin, Dora Miller, wife of Theophile Guilory, Faustin Miller and the minors, Elia, Marie, Solomon and Louis, are the children of Antoine S. Miller, dec'd son of the intestate and as such are each entitled to one-ninth of one-ninth of her estate, that is to say, one-eighty-first part thereof; that Emilia Miller, dec'd wife of Parfait Lafleur, also dec'd, a daughter of the intestate, left two children, issue of her marriage with said Lafleur, namely, Emelia Lafleur, dec'd wife of Jean Bte L. A. Fontenot, and Augustine Lafleur, decd wife of Thiezac Fontenot; that the said Emiia Lafleur, dec'd wife of Jean Bte L. A. Fontenot, left seven children, issue of her marriage with said Fontenot, namely, Joseph Parfait, Felicein, Joseph Antil, Eva, Louise, Gabriel and Jean Bte, who are each entitled to one-seventh of one half of one-ninth of the estate of the intestate, that is to say, one-one hundred and twenty-sixth part thereof; and that the said Augustine Lafleur left four children, minors, issue of her marriage with the said Thiezac Fontenot, namely: Parfait, Emilia, Maria and Azelia, (next page) who are each entitled to one-fourth of one-half of one-ninth of the estate of the intestate, that is to say, to one seventy-second part of the whole. Petitioners further represent that their co-heirs all have residence and domicile in the Parish of St. Landry; that they are no longer willing to hold said estate in indivision with their co-heirs; that among the property of said estate, the following cannot be conveniently divided in kind on account of the nature and extent thereof and the number of heirs, namely: A certain tract of prairie land situated in Faquetaique, Parish of St. Landry, State of Louisiana, bounded on the north by lands of Widow Sol. Miller, south by public road, east by lands of Martel Miller and west by lands of Mrs. J. B. Bushnell, containing thirty-seven arpents more or less; a certain tract of wood land containing about twenty acres, situated on Bayou de Canne near Anse Bleu, in said Parish and State, bounded on the north by lands of Mrs. B. Lafleur, south by Railroad lands, east by lands of Homer Miller and west by lands of parties unknown; two horses; sixteen head of gentle cattle; one lot of cattle in Grand Cheniere, in Calcasieu Parish; three sheep; one old buggy; one iron safe; one lot of beds and bedding; one armoir; one branding iron, and four chairs. Petitioners further represent, that they desire that their interest in said above described property, in case a partition thereof should be ordered to be made by licitation, should be sold for cash. WHEREFORE, the premises considered, petitioners pray that Jean Pierre Miller, Mrs. Ophelia Fusilier, widow of Antoine S. Miller and natural tutrix of the minors, Elia, Marie, Solomon and Louis Miller, issue of her marriage with said Antoine S. Miller, dec'd; Jean Bte L. A. Fontenot, natural tutor of the minors Joseph Parfait, Felicien, Joseph Antil, Eva, Louise, Gabriel and Jean Bte Fontenot, issue of his marriage of Emilia Lafleur, dec'd; Theizac Fontenot, natural tutor of the minors, Parfait, Emilia, Marie, and Azelia Fontenot, issue of his marriage with Augustine Lafleur, dec'd, and Eli Ardoin natural tutor of the minors, Ei Ardoin, Jr., and Marguerite Ardoin, issue of his marriage with Onezia Miller, dec'd, be duly cited to answer this petition, (next page) and that after due proceedings had, all of the property of the estate of Augustine Manuel, dec'd, be ordered to be partitioned among her heirs hereinafter named, and that the partition of the hereinabove described property be by licitation; and petitioners pray for all other orders and decrees necessary or needful in the premises, and for general relief. Signed E. B. Dubuisson, Attorney for Petitioners Filed March 28, 1901 P.[?] B. Thompson D. Clk (next page is a certificate) The State of Louisiana Know all men by these Presents, That E. Miller Miller as principal & E. Lafleur and L. J. Dossman as sureties are held and firmly bound unto The Estate of Augustine Manuel in the sum of $10152.85 Dollars, for the payment of which, well and truly to be made, they bind themselves, their heirs, executors and administrators, jointly and severally. In Testimony Whereof, They have hereunto signed, at Opelousas, this 5th day of March 1901 The Condition of the above Obligation is Such, That whereas the above bound E. Miller Miller has been appointed administrator of the Estate of Augustine Manuel Now, if the said E. Miller Miller shall well and faithfully administer said Estate and render a just account thereof, and pay over the same when lawfully required, and finally shall do and perform all and singular the duties and functions incumbent on him as aforesaid, according to law; then the above obligation to be null and void, otherwise to remain in full force. Signed and acknowledged in presence of S. L. Hebrard Dy Clerk Signed E. Miller Miller E. Lafleur L. J. Dossmann Filed March 5th 1901 S. L. Hebrard Dy. Clk Duly recorded in Mtge Book No. 39 pp. 86, on March 5, 1901 A. Leon Dupre Dy Clk (Page following is a list of signatures or marks) s/ Faustin Miller s./ Jean Pierre Miller s / Mrs.. Ophilia x Miller, Tutrix jean Bte. L. A. x Fontenot, Tutor Theizac x Fontenot, Tutor Antoine x Fontenot Eli x Ardoin, fils Eli x Ardoing Sr. Tutor Ernestine x Fontenot To authorize my wife Adrien [?] Fontenot s/ Camille Miller Laurentine x Soileau To authorize my wife Landry x Soileau s/ Martel Miller Homer x Miller (Follows another certificate, thus) State of Louisiana -- Parish of St. Landry To L. J. Dosman Notary Public, St. Landry Parish, La., GREETING: By virtue of an order of the Hon. The 16th Judicial District Court, in and for the parish of St. Landry, La., granted by Hon.. E. T. Lewis Judge of said court, on the petition of E. Miller Miller and bearing date Feby 8th 1901; you are hereby authorized and empowered to take, assisted by Theophile Rozas & Damond Fusilier as experts, an Estimative Inventory of all the property of the Estate of Augustine Manuel deceased; and make due return of your proceedings, according to law. Witness the Hon. E. T. Lewis, Judge of said Court, and my hand and seal of my office, at Opelousas, La., this 8th day of Feby A. D., 1901 Signed S. L. Hebrard D(eputy Clerk) Returned and filed 2/12 or 19/1901 H. E. Estorge Note on left margin: Registered in probate docket No. 13 signed P. B. Thompson (next page is an Inventory form) INVENTORY State of Louisiana Parish of St. Landry We, the undersigned, do solemnly and severally swear that, we will appraise and value all the property exhibited to us as belonging to the Estate of Augustine Manuel late of St. Landry Parish, situated in said Parish, to the best of our judgment and ability. So help us God. Theophile x Rozas Damon x Fusiier Sworn to and subscribed, before me, this Eleventh day of February A. D., One Thousand nine hundred and one S/ L. J. Dosmann Notary Public State of Louisiana Parish of St. Landry Be it Known, That on this 11th day of February A. D., One Thousand nine hundred and one by virtue of an order of the Hon the 16 Judicial District Court in and for the above Parish and State, granted on the petition of Emiller [sic] Miller and bearing date Feb. 8th 1901, and also in pursuance to a commission to me directed by S. L. Hebrard Dy Clerk of said Court, hereto annexed, I, Laurent J. Dossmann, a Notary Public duly commissioned, qualified and sworn in and for the above Parish and State, proceeded at Faquataique, Louisiana assisted by Theophile Rozas and Damon Fusilier as Experts,to take an Estimative Invenotry of the Estate of Augustine Manuel situated in St. Landry Parish, La., and after having sworn said Experts as the law requires with their assistance did inventory and appraise said Estate as follows, to-wit: Item 1 A certain tract of prairie land situated in Faquataique, Parish of St. Landry, State of Louisiana, bounded on the north by Widow (next page) Solomon Miller, south by public road, east by Martelle Miller, and west by Mrs. J. B. Bushnell, containing thirty seven arpents more or less appraised at the sum of three hundred and seventy dollars 370 Item 2 One lot of about twenty Acres of wood land, situated on Bayou Des Canes near Anse Blue in this said State and Parish, bounded on the north by Mrs. B. Lafleur, south by R. R. land [railroad], east by Omer Miller and west unknown, appraised at twenty five dollars 25 Item 3 Ready money at the death of deceased, two thousand two hundred and seventy nine and 25/100 dollars 2279.25 Item 4 Amount due by Emiller, one hundred dollars 100 Item 5 Amount due by Elie Ardoin, four hundred dollars 400 Item 6 Amount due by Antoine Miller, ten dollars 10 Item 7 Two horses, appraised at fourty [sic] five dollars 45 Item 8 Sixteen heads of gentle cattle, appraised at One hundred and thirty dollars 130 Item 9 One lot of cattle at Grand Chenier, Calcasieu Parish, La. appraised at four hundred dollars 400 Item 10 Three sheep, appraised at three dollars 3 Item 11 One old buggy and harness, appraised at twenty dollars 20 Item 12 One iron safe, appraised at fifty Dollars 50 Item 13 One lot of beds and beding [sic] including three feather mattrases [sic], appraised at sixty dollars 60 Item 14 One armoire, appraised at two and 50/100 dollars 2.50 (next page) Item 15 One branding iron appraised at three dollars 3 Item 16 Four chairs appraised at two dollars 2 Item 17 Two promissory notes signed by Adrien Fontenot Jr. for the sum of two hundred and nineteen and 06/100 dollars each with 8% interest from Jan. 1, '95 and dated Oct. 17th 1894 613.12 Item 18 Two promissory notes signed by Jule Landreneau for the sum of three hundred and fifty and 50/100 dollars each, with 8% interest from maturity, dated Oct. 25, 1900 and made payable Oct. 25th 1901 and 1902 respectively 701.00 Item 19 Three notes of One hundred and twenty six and 77/100 dollars each, with 8% interest from Date, dated Feb. 2, 1900 and made payable January 1st 1900, and 1902 respectively by [written by someone else: Homer P. Manuel] 380.31 Item 20 Three notes of Euzebe Ardoin, for the sum of One hundred dollars each, with 8% interest From date, dated October 22, 1900 and made payable from Jan. 1st 1902, 1903 and 1904, drawn to the order of Emanuel M. Fontenot and endorsed by him 300.00 Item 21 One note of Jean Pierre Miller, for the sum of four hundred dollars, with 8% interest from January 1st 1895 - dated June 30th 1894 560.00 Item 22 One note of Jean Pierre Miller and others for the sum of seventy dollars with 8% interest From date, dated Dec. 5, 1898, subject to a credit of thirty dollars Jan. 11, 1899 40.00 Item 23 One note of Mary Rougeau for the sum of One hundred and fourty [sic] dollars, with 8% interest from maturity, dated Dec. 1, 1900 140.00 Item 24 One note of Benoit Johnson for One hundred and twelve and 50/100 dollars with 8% interest from maturity, dated Nov. 15th 1899 112.50 Item 25 Three notes of Treville J. J. Fontenot, for the sum of Eighty nine and 54/100 dollars Each, with 8% interest date, dated Nov. 9, 1896 268.62 Item 26 One note of D. Duplechin and others for the sum of Four hundred and fourty [sic] two and 00/100 dollars 442.00 Item 27 Amount due by Emiller Miller on note of Hildevert Beauregard 50.00 Item 28 One note of Emiller Miller for three hundred dols. 300.00 Item 29 One note of Jean Bte. Fontenot for two hundred dollars 200.00 Item 30 One note of Jean Bte. Fontenot for One hundred dollars 100.00 Item 31 One note of H. P. Manuel for fifteen dollars 15.00 {Total} $8122.30 There being no other property exhibited to us as belonging to said estate, we have closed said inventory amounting to the sum of Eight thousand one hundred and twenty two and 30/100 dollars, Thus done and signed on the day and date hereof, in presence of Emiller Miller and Martelle Miller, competant [sic] witnesses who have signed with appraisers and me notary after reading of the whole== Witnesses Theophile x Rozat s/ E Miller Miller Damon x Fusilier s/ Martel Miller S/ L. J. Dossmann Notary Public Rec'd and filed 2/12/1901 H. E. Estorge Clk (next pages are typed) Estate No. 5708, Probate Docket of 16th Judicial District Court Augustine Manuel St. Landry Parish, Louisiana Judgment This is a partition suit by E. Miller Miller, Laurentine Miller, wife of Landry Soileau, Martel Miller, Camille Miller, Marguerite Miller, wife of Laurent Boutte, Eliza Miller, wife of Phirmin Duplechien, Dora Miller, wife of Theophile Guillory, Faustin Miller, Antoine Fontenot, and Ernestine Fusilier, wife of Adrien Fontenot, Jr., heirs of said Augustine Manuel deceased, against their co-heirs, the minors Elia, Marie, Solomon and Louis Miller, issue of the marriage of Antoine S. Miller, deceased, and Ophelia Fusilier, surviving widow, the minors Joseph Parfait, Felicien, Joseph Antil, Eva, Louise, Gabriel and Jean Bte. Fontenot, issue of the marriage of Amelia Lafleur, deceased, and Jean Bte. Fontenot surviving husband, the minors Parfait, Amelia, Marie, and Azelia Fontenot, issue of the marriage of Augustine Lafleur, deceased, and Thiezac Fontenot, surviving husband, the minor Marguerite Ardoin, issue of the marriage of Onezia Miller, deceased, and Eli Ardoin, Sr., surviving husband, and Eli Ardoin, Jr., and Jean Pierre Miller, or the partition of the property of the above numbered and entitled estate. The case coming on regularly to be tried as to Eli Ardoin, Jr., after issue joined, and as to the other defendants on default and the Court considering the law and the evidence to be in favor of petitioners, it is ordered, adjudged and decreed that the property of the above numbered and entitled estate, be partitioned among the heirs. And it is further order, adjudged and decreed that all of said property, except the notes and accounts and other evidence of debt, be sold at public auction after due advertisement for the purpose of affecting the partition thereof, either by the administrator (next page) of said estate, or by some duly qualified auctioneer residing within this parish. It is further ordered, adjudged and decreed that a family meeting to be composed of Honore, Anatole, Edgar, Onezime and Armand Fusilier, nearest relatives of the minors Elia, Marie, Solomon, and Louis Miller, issue of the marriage of Antoine S. Miller, dec'd and Orphelia Fusilier, surviving widow, residing within the circle prescribed by law and having no interest in the partition, and ---------- under tutor of said minors, and Joseph Fontenot, Theophile Rozas, Theodore Rozas, Theogene Rozas and Dorville Lafleur, nearest relatives of the minors Joseph Parfait, Felicien, Joseph Antil, Eva, Louise, Gabriel and Jean Bte. Fontenot, issue of the marriage of Amelia Lafleur, deceased, and Jean Bte. Fontenot, surviving husband, residing within the circle prescribed by law and having no interest in these proceedings, and ---------under tutor of said minors, and Télémaque Fontenot [name crossed out], Olide Fontenot, Theophile, Theodore and Theogene Rozas and Ernest Sonier [last name penciled in], nearest relatives of the minors Parfait, Amelia, Marie, and Azelia Fontenot, issue of the marriage of Augustine Lafleur, deceased, and Theizac Fontenot, surviving husband, and Télémacque Fontenot under tutor o said minors, residing within the circle prescribed by law and having no interest in these proceedings, and Alexandre, Evable, Hippolyte, Simeon and Guillaume Ardoin, nearest relatives of the minor Marguerite Ardoin, issue of the marriage of Onezia Miller, deceased, and Eli Ardoin, Sr., surviving husband, residing within the circle prescribed by law and having no interest in these proceedings and ----- under tutor of said minor, be convoked before L. J. Dossman, notary public, for the purpose of advising the court as to what terms and conditions for said sale would be most advantageous to said minors. Done, read and signed in open court, this 3rd day of May A. D., 1901 S/ E. T. Lewis Judge 16th Judicial District of La. Filed 5/3/1901 A. Leon Dupre dy Clerk Source: St. Landry Parish Courthouse, Opelousas, La., Probate Docket No. 5708. 16th Judicial District Court; registered in probate docket No. 13, , year 1901. Copy of Estate papers furnished to submitter by Nedra Kerin, Lafayette, La.