MILLER, Martel, Sr., Estate (partial), St. Landry Parish, Louisiana Submitted by Mike Miller ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** ESTATE NO. 1550, PROBATE DOCKET, OF 13TH JUDICIAL DISTRICT COURT, MARTEL MILLER, SR. EVANGELINE PARISH, LOUISIANA TO THE HONORABLE J. CLEVELAND FRUGE, JUDGE OF SAID COURT: The petition of (1) MAYANCE M. MILLER; (2) ALIDAY MILLER; (3) MRS. LINDA MILLER FONTENOT; (4) MARTEL MILLER, JR.; (5) CHARLEY MILLER; (6) LEE MILLER; (7) TONY MILLER; and (8) EMELIEN MILLER; all being of full age of majority and all being residents of the Parish of Evangeline, Louisiana, save and except TONY MILLER, who is a resident of Jefferson Davis Parish, Louisiana, and EMELIEN MILLER, who is a resident of Allen Parish, Louisiana, all being children of the deceased, issue of his marriage to Genevieve Paret, deceased, and (9) MRS. HERODIAS FONTENOT MANUEL; (10) GEORGE A. FONTENOT; and (11) JOHN C. FONTENOT, all being of the full age of majority and all being residents of the Parish of Evangeline, Louisiana, save and except MRS. HERODIAS FONTENOT MANUEL, who is a resident of Calcasieu Parish, Louisiana, being grandchildren of the deceased, children of Martha Miller, deceased, issue of decedent's first marriage to Melicia Bertrand, also deceased, with respect, shows: 1. That Martel Miller, Sr., departed this live at his domicile in the Parish of Evangeline, Louisiana, on the 6th day of September, in the year 1944, as will more fully appear by reference to the annexed affidavit of death hereto attached and made a part hereof. [not included in the copy given submitter] 2. That he died, intestate, leaving as his sole heirs, petitioners, his children and grandchildren aforementioned. 3. Petitioners further represent that the decedent has left some property, both movable and immovable, situated within the jurisdiction (next page) of this Court; that the real estate left by the decedent is described as follows, to-wit: 1. A certain tract of land with all buildings and improvements thereon, being open land, containing one hundred fifteen (115) acres, more or less, situated near the village of Chataignier in the Parish of Evangeline, being the homeplace of Martel Miller, Sr., dec'd, and being located in the NW1/4 of Section 1, T-6-S., R-1-E., La. Mer. bounded North by Public Road; South by same, East by D. I. Guillory, and West by C. P. Aguillard. 2. A certain tract of land, situated near the village of Chataignier, Parish of Evangeline, La., containing one hundred twenty (120) acres, more or less, with improvements thereon, a portion thereof being wooded land, located in Sec. 35, T-5-S., R-1-E., bounded North by Widow Homer Miller; South by Public Road; East by Widow of Homer Miller and West by Public Road. 3. A certain tract of wood land, situated in Bayou Marron Woods, Parish of Evangeline, La., containing twenty (20) acres, more or less, and being the W1/2 of SE1/4 of SW1/4 of Sec. 26, T-5-S., R-1-E., La. Mer., bounded North by Oliver Langley; South by Mrs. Homer Miller; East by Mrs. Homer Miller and West by Rose Manuel. 4. Petitioners further represent that the first eight (8) named petitioners, children of Martel Miller, Sr. and Genevieve Paret, received their just share of their mother's estate, all of which will more fully appear by reference to Estate No. 747, Probate Docket, 13th Judicial District Court, Evangeline Parish, Louisiana, and Act of Acquittance and Quit-Claim filed in Miscellaneous Book No. 6, at Page ----, records of Evangeline Parish, Louisiana. 5. Petitioners further show that Martha Miller, deceased mother of petitioners, Mrs. Herodias Fontenot Manuel; George A. Fontenot; and John C. Fontenot, received their just share in the estate of her [sic] deceased mother, Mrs. Melicia Bertrand Miller, as will more fully appear by proceedings in her estate, which is No. 4641, 16th Judicial District Court, Parish of St. Landry, Louisiana. (next page) 6. Petitioners further represent that there are no debts, and that they desire to accept the succession of said Martel Miller, Sr., purely, simply and unconditionally, and that they desire to be recognized and to be put in possession. 7. Petitioners further aver, that the decedent never adopted anyone, and that he, at no time, disposed of any of his property for an inadequate consideration or to avoid the payment of Inheritance Taxes that may have been due thereon. 8. Petitioners further aver that the share inherited by each of the heirs is less than $5,000.00, as will more fully appear by the annexed affidavit of valuation, which is attached hereto and made a part hereof, and hence they owe no Louisiana State Inheritance Tax; and that, a rule should issue herein, directed to Parker Fuselier, Sheriff & Ex-Officio Tax Collector of the Parish of Evangeline, Louisiana to show cause on a day and date to be fixed by the Court, why the within petitioners should not be decreed to owe no Louisiana State Inheritance Tax. WHEREFORE, the premises and the annexed affidavit of death and depositions being considered, petitioners, MAYANCE M. MILLER, ALIDAY MILLER, MRS. LINDA MILLER FONTENOT, MARTEL MILLER, JR.; CHARLEY MILLER; LEE MILLER; TONY MILLER; and EMELIEN MILLER, pray that they may be recognized as heirs of their deceased father, Martel Miller, Sr., entitled as such, to the ownership of an undivided 1/9th of 1/2 interest of all the property left by the deceased, (particularly the real estate hereinabove described) and petitioners MRS. HERODIAS FONTENOT MANUEL; GEORGE A. FONTENOT; AND JOHN C. FONTENOT, pray that they may be recognized as heirs of their deceased grandfather, entitled as such, to the ownership of an undivided 1/27th of 1/2 interest each, of all the (next page) property left by the deceased, (particularly the real estate hereinabove described). Petitioners further pray that a rule issue herein, directed to Parker Fuselier, Sheriff & Ex-Officio Tax Collector of the Parish of Evangeline, Louisiana, to show cause at such time and place, as the Court might fix, why petitioners named herein should not be decreed to owe on Louisiana State Inheritance Tax, and upon due hearing, that said rule be made absolute. Petitioners further pray for all general and equitable relief in the premises. By their Attorney, S/ Roland B. Reed STATE OF LOUISIANA, PARISH OF EVANGELINE. BEFORE ME, the undersigned authority, personally came and appeared JOHN C. FONTENOT and MAYANCE M. MILLER, each of whom after being first duly sworn, did depose and say: That they are two of the petitioners named in the above and foregoing petition; that said petition was prepared at their direction and thereafter read by them, and all of the facts and allegations of face therein contained are true and correct. s./ Mayance M. Miller s/ John C. Fontenot SWORN TO AND SUBSCRIBED, before me, at Ville Platte, Louisiana, on this 27th day of September, A. D., 1944. S/ Roland B. Reed NOTARY PUBLIC (next page) STATE OF LOUISIANA PARISH OF EVANGELINE. BEFORE ME, the undersigned authority, personally came and appeared LeRoy Soileau and Leo Lafleur, each of whom after being first duly sworn, did depose and say: That they were well and intimately acquainted with the late Martel Miller, Sr.; that the decedent died in the Parish of Evangeline, Louisiana, wherein he was domiciled, on the 6th day of September, in the year 1944; that the said decedent died, intestate; that he was married twice; first to Melicia Bertrand, of which marriage, tow children were born, namely: Martha Miller and Martin Miller; that Martin Miller departed this life at the age of 15 years, leaving no descendant; that Martha Miller departed this life in the year 1938, leaving as her sole heirs, Herodias Fontenot; George A. Fontenot and John C. Fontenot; that Melicia Bertrand departed this life in the year 1885; that Martel Miller, Sr., then married Genevieve Paret, of which marriage, the following issue was born: MAYANCE M. MILLER, ALIDAY MILLER; LINDA MILLER; MARTEL MILLER, JR.; CHARLEY MILLER; LEE MILLER; TONY MILLER; and EMELIEN MILLER, all of whom survive the decedent, and who are the identical persons now before the Court praying to be recognized and to be sent into possession. Deponents further state that the said Martel Miller, Sr. never adopted anyone. Deponents further state that they are very familiar with the property left by the decedent, and that the following is a fair and just valuation of said property. 1. A certain tract of land with all buildings and improvements thereon, being open land, containing one hundred fifteen (115) acres, more or less, situated near the village of Chataignier in the Parish of Evangeline, being the homeplace of Martel Miller, Sr., dec'd, and being located in the NW1/4 of Section 1, T-6-S., R-1-E., La. Mer. bounded North by Public Road; South by same, East by D. I. Guillory, and West by C. P. Aguillard. Appraised and valued @ $10,000.00 2. A certain tract of land, situated near the village of Chataignier, Parish of Evangeline, La., containing one hundred twenty (120) acres, more or less, with improvements thereon, a portion thereof being wooded land, located in Sec. 35, T-5-S., R-1-E., bounded North by Widow Homer Miller; South by Public Road; East by Widow of Homer Miller and West by Public Road. Appraised and valued @ $4,000.00 3. A certain tract of wood land, situated in Bayou Marron Woods, Parish of Evangeline, La., containing twenty (20) acres, more or less, and being the W1/2 of SE1/4 of SW1/4 of Sec. 26, T-5-S., R-1-E., La. Mer., bounded North by Oliver Langley; South by Mrs. Homer Miller; East by Mrs. Homer Miller and West by Rose Manuel. Appraised and valued @ $350.00 4. One branding iron, made thus: $5.00 5. 142 shares of stock in The Evangeline Bank & Trust Company, at Ville Platte, par value of $2.00 per share or $282.00 6. One share of stock in The Evangeline Securities Company, Inc., valued @ $50.00 7. Thirty (30) head of cattle $1,000.00 8. Three horses 150.00 9. One old lot of field implements 100.00 10. One lot of old household furniture and fixtures and kitchen utensils 100.00 11. Cash in Bank 2,400.00 12. United States War Bonds, of maturity value of 750.00 TOTAL $19,187.00 S/ LeRoy Soileau S/ Leo Lafleur SWORN TO AND SUBSCRIBED, before me, at Ville Platte, Louisiana, on this 27th day of September, A. D., 1944. s/ John C. Fontenot Dy Clerk of Court & Ex-Officio NOTARY PUBLIC Source: Estate No. 1550, Probate Docket, 13th Judicial District Court, Evangeline Parish, La. Partial copy of this estate given to submitted by Nedra Kerin, Lafayette, La.