1860 Succession of Gabriel N. Benson, Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 9/2004 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= Union Parish Louisiana Succession Book E, pp. 201 - 214 Succession of Gabriel N. Benson ================================================================================== To the Honorable the Judge of the twelfth Judicial District in and for the Parish of Union, State of Louisiana The petition of Felix G. Hargis, a resident of said Parish respectfully unto your Honorable court, that on or about the 28th day of September AD 1860, Gabriel N. Benson at the time of his Death, and for several years previous, a resident of the above parish, died at his residence as above. Petitioner further represents that deceased died without issue in the descending line, that he had no ascendants, that his nearest relations are in the collateral line, and that he died intestate and further, that deceased left a large amount of Property, both personal and real, in the above parish, that the said property is liable to [unreadable] and deterioration, that there are debts owing to the estate that it is also indebted, that the circumstance require a speedy liquidation of the debts a final settlement of the business of the Estate. Wherefore, petitioner prays, as the legal representative of the lawful heir of deceased, your Honor to order W. C. Smith, the parish Recorder for the above parish to repair instanter [sic] to the late residence of the deceased and make an appraisement and inventory of all the property belonging to his estate according to Law. Petitioner, further prays that he be appointed administrator of said estate and for all other orders and decrees necessary in the premises. H. G. Hargis State of Louisiana 12th District Court Parish of Union Let the prayer of Petitioner within application be advertised according to law. It is further ordered that William C. Smith make an inventory of said estate of Gabriel N. Benson, and due return thereof make to this office without delay. Done and signed in office this the day of October AD 1860. Thos. C. Lewis Clerk Dist. Court State of Louisiana Parish of Union The processes being duly considered by further reason of the proper advertisement having been made and no opposition being filed in my office. It is therefore ordered adjudged that Felix G. Hargis be and he is appointed administrator of the Estate of Gabriel N. Benson, Decd. and upon his giving bond and good security and taking the oath prescribed by law that letters do issue to him. Done and signed in office on the 19th day of October AD 1860. Thos. C. Lewis, Clerk State of Louisiana Parish of Union Know all men by these presents that we Felix G. Hargis as principal and Jesse F. Fuller, Jeff T. and J. M. Pearson as his seucritys are held and firmly bound unto Robert W. Richardson Judge of the 12th Judicial District Court in and for Union Parish State of Louisiana or to his successors in office in the sum of Thirty one thousand and three hundred Dollars to the true and faithful payment thereof. We held ourselves, our heirs and assigns in solid on this the 19th day of October 1860. The condition of the above obligation is such that whereas, the said Felix G. Hargis has been duly and legally appointed administrator of the estate of Gabriel N. Benson, Decd. And he has taken the oath prescribed by law. Now therefore if the said Felix G. Hargis shall faithfully and impartially administer said estate and shall do and perform all the acts in and about said estate and shall render a true and faithful account to the Judge of said Court or to his successors in office or to the legal heirs of said estate where required legally so to do, then this obligation to be null and void. Otherwise to be and remain in full force and effect against the principal and his said securitys. Done, signed and acknowledged in the day and date above written. ATTEST: F. G. Hargis Thos. C. Lewis, Clk. Jesse F. Fuller Jeff F. Fuller J. M. Pearson State of Louisiana 12th Judl. Dist. Court Parish of Union I Felix G. Hargis do solemnly swear that I will faithfully and impartially discharge all and singular the duties incumbent on me as administrator of the Est. of Gabriel N. Benson decd. according to the best of my ability and understanding. So help me God. H. G. Hargis Sworn to and subscribed before me on this the 19th day of Octr. 1860. Thos. C. Lewis, Clerk. Succession of Gabriel N. Benson, Decd. State Of Louisiana Parish of Union 12th Judicial District Court Whereas, Felix G. Hargis has been duly and legally appointed administrator of the estate of Gabriel N. Benson decd. and he has given Bond and good Security and has taken the oath prescribed by law. Now therefore the said Felix C. Hargis is hereby duly and legally authorized and Empowered to do and perform all acts appertaining to said appointment according to Law. Given under my hand and seal of said Court on this the 10th day of October AD 1860. Thos. C. Lewis, Clerk To the Honorable the Judge of the 12th Judicial District Court in and for the Parish of Union, State of Louisiana The petition of Felix C. Hargis resident as above respectfully represents that he has been appointed administrator of the estate of Gabriel N. Benson, deceased. That there are no minors who are intestate and as there are debts to be paid, it is necessary to make a sale of the personal property and petitioner thinks it be of advantage to sell the real property consisting of land and personal Mdses. Wherefore he prays your honor that a family meeting may be called and held as the law requires; that it may consist of T. G. Hargis, C. R. Plummer, Uriah Bass, C. T. Powell, and B. T. George to advise as to whether or not it would be more conducive to the interest of the Heirs to sell the real property belonging to said estate as early as possible. Petitioners asks your Honor, that William C. Smith, Parish Recorder & Ex officio Notary Public may be ordered to hold said family meeting according to law, and for all other order and decrees necessary in the premises. Felix C. Hargis, Administrator State of Louisiana 12 Judicial District Court Parish of Union Let the prayer of Petitioner be granted and it is ordered that a family meeting consisting of [blank] relations and friends of the minor heirs of the estate of Gabriel N. Benson Decd. be convoked before William C. Smith, Parish Recorder and Ex officio Notary Public to deliberate upon the matters and things set forth in the petition. Done and signed in office on this the 20th day of October AD 1861. Thos. C. Lewis, Clerk State of Louisiana Parish of Union Do you and each of your solemnly swear that you will faithfully and impartially perform all and singular the duties incumbent on you as members of a family meeting convoked for the purpose of advising and recommending in regard to the sale of the real property, land and slaves belonging to the estate of Gabriel N. Benson, Deceased to the best of your knowledge and judgment. So help you God. Elias George B. F. George F. G. Hargis C. T. Pearce J. T. B. Andrews Sworn to and subscribed before me this the 24th day of October AD 1860. W. C. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this the 24th day of October AD 1860, I, William C. Smith, parish Recorder and ex officio Notary Public in and for the said Parish duly commissioned and qualified in pursuance of an order of the 12th Judicial District court within and for the parish of Union, La. commanding me to convoke a family meeting for the purpose of advising and recommending in regard to the sale of real property, land and slaves belonging to the estate and succession of Gabriel N. Benson, Deceased. Said meeting to be comprised of the relations and friends of the minor Heirs of Gabriel N. Benson, Deceased to wit: C. T. Powell, Felix G. Hargis, Elias George, Benj. F. George, and Joseph T. B. Andrews, all being residents of the parish and State aforesaid. Said members being duly sworn by me the said Recorder, they proceeded to take into consideration and advisement the matters as above set forth and of the mature deliberation. They advise and recommended that all of the property both real and personal belonging to the Estate and succession of Gabriel N. Benson, deceased, be sold on a credit of twelve months for all sums of twenty five Dollars and offer all sums of Twenty five cash. Purchasers to give their notes with approved security bearing eight per cent per annum interest from date of sale and a special mortgage and venders privilege returned on the land and negroes to secure the punctual payment of the price of the land. In testimony whereof I have caused said members to sign their names hereto in presence of me the said Recorder in the presence of Alexander H. Granger and Wesley M. Guthrie, good and lawful witnesses called for the purpose who have also signed with said parties and me the said Recorder. Thus done and signed in the Parish of Union in the town of Marion on this the 24th day of October 1860. ATTEST: Elias George W. W. Guthrie C. T. Powell A. H. Granger J. T. B. Andrews William C. Smith B. F. George Recorder F. G. Hargis To the Honorable the Judge of the 12th Judicial District Court in and for the Parish of Union, State of Louisiana. The petition of Felix G. Hargis, a resident above and administrator of the estate of Gabriel N. Benson deceased, late a resident of said parish, respectfully represents unto your Honor that an inventory and appraisement of the property of said estate has been made as the law decreed. That petitioner has give bond and taken the oath prescribed by law. That he prays the convocation of a family meeting to deliberate on regard to whether the property of said estate should be sold, that said family meeting was convoked according to Law, and after members deliberation, decided that to forward the interest of all parties concerned the property both personal and real of said estate should be sold at public Auction. That for all sums of over $20 the purchaser should give their notes with approved security and a special mortgage and vendors privilege should be retained on the property sold to secure the payment therefore that the notes should bear 8 per cent interest from date that for sums of $25 dollars and less the terms should be cash. Wherefore petitioner prays an order from your honorable Court to sell the aforesaid property on the 3rd day of December AD 1860 in compliance with the advise of the family meeting as alleged above and for all other orders and decrees necessary in the premises and for general relief. F. G. Hargis State of Louisiana 12th Judicial District Court Parish of Union By reason of the law and the evidence being in favor of petitioner, and for reason of the advise of a family meeting duly convoked according to law. It is ordered and decreed that there be a sale of all of the property both real and personal belonging to the estate of Gabriel N. Benson, deceased on Monday the 3rd day of December AD 1860 at the late residence of the deceased. It is further ordered that for all sums of more than twenty five Dollars, purchasers shall give their notes with approved security, all bearing date from the date of sale, that special mortgage and vendor privilege be returned on the property sold to secure the payment thereof and that for sums of twenty five Dollars and less purchasers will be required to pay the cash. Done and signed in office on this the 27th day of October AD 1860. Thos. C. Lewis, Clerk State of Louisiana Parish of Union Succession Gabriel N. Benson Deceased Be it remembered that in pursuance of an order of the Honorable 12th Judicial District court in and for the parish of Union, State of Louisiana. I Felix G. Hargis administrator of the estate of Gabriel N. Benson, deceased in compliance with the advertisement and order of said Court both of which are hereunto annexed and made part hereof. The said advertisement having been duly published in the Union Democrat, a weekly newspaper published in the aforesaid parish for more than thirty days next preceding the said sale. The terms of sale having been made known and the aforesaid advertisement having been read aloud. I proceeded to offer for sale on this the third day of December Anno Domini One thousand eight hundred & sixty, all the real and a greater part of the personal property set forth in the advertisement. Sold in the terms set forth in the advertisement to the following persons, they being the last and highest bidders for the same. The following property, respectively to each purchaser as follows to wit: To Gabriel R. Plummer 1 Small Table $ 2.75 2 Brushes & combs 1.00 1 White mule $100 & Sorrel horse $130 230.00 400 Bushels corn at $1.00 per bus. 400.00 1 Thermometer .50 Five shot & Gun [blank] (continued on the next Page) Page 2 G. R. Plummer continued from Page 1) To Hand vice 1.00 1 gold Ring 2.00 1 Lot of jewelry 1.00 1 Gem box 1.75 1 Violin 7.75 1 Bed Stead 13.75 1 Bed Stead 18.00 1 Feather Bed 32.00 1 Mattress 6.50 1 P. Blanket 7.50 1 P. Blanket 4.25 4 Jars Preserves 3.60 4 Jars Preserves 4.00 4 Jars Preserves 2.20 18 Pounds Candles @ 33 cts. 5.94 1/2 barrel flour 4.00 7 Gals. Molasses 30 cts. per gal. 2.10 1 Castor Stand 6.25 1 Lot Glass vase 7.75 1 barrel & whiskey 2.15 1 Lot Fodder 30.00 1 Negro man Wiley and Mary his wife 2135.00 1 Negro man Bob, aged 61 336.00 1 Negro Boy Silas 1690.00 48 1/4 pounds coffee 12 cts. pd. ___5.79 3324.93 To A. Rippond 1 bottle Strychnine $ 1.40 1 Feather Bed 25.25 (On Next Page) Page 3 To J. F. Fuller 1 Breast Pin 1.00 1 Pre medical Scales .25 1 Germ lance __.60 1.85 To James Grisham 2 pr. Pullers (Tooth) $1.65 1 Gin Band 4.00 1 Tope line __.25 5.90 To Wiley J. Commack 1 Brass clock $7.00 1 Hammock 2.25 Negro man Isom aged 30 years 1500.00 Negro woman Martha & children 1500.00 Negro boy Elisha aged 22 __1295.00 $4304.25 To A. M. Johnson 1 Black Cow 22.00 1 Black headed heifer 10.00 1 Mattress ___3.50 $35.50 To David George 2 Steers $35.00 1 Cow Bell 1.30 1 Horse Waggon __80.50 $116.80 To S. E. Traylor Frame and Pitcher $3.00 1 Cow & calf 16.00 Cedar Chest __8.50 $27.50 To J. Doomas 1 Lot of Hogs $42.75 (On next Page) Page 4 To Allen Martin Sow and shoates [unreadable] $16.25 White calf 21.25 1 heifer 12.75 1 Small heifer 5.00 1 Frosty colored heifer 5.00 2 yearlings 4.25 1 watch 8.00 1 axe & adg. ___2.00 $74.50 To Charles Dildy 100 bus. Corn at $1.00 $100.00 To H. Meyer Whiskey companion $ 1.25 Bot. Perfume ____.15 1.40 To B. F. George Woofeet Suniber {?} $100.00 To Dr. J. A. White Gem Stand $150.00 To William A. Glasson Negro Boy Jesse $1450.00 To H. Lewis 1 shot gun $23.00 To Lewis Rippond 1 saddle $12.50 To James John Boy Peter, aged 10 years $600.00 To Daniel Shaw Negro Girl Cyntha $1035.00 To Robert Tober Negro Girl Clarisa $800.00 To Thos. J. Freeman Spotted Sow & pigs $8.50 2 Sows 12 pigs 13.55 1 Lot nails 3.85 Hand Saw __20.00 $28.00 To Wm. Plummer 1 Mattress $9.25 1 Sow & Pigs 11.00 1 Lot Nails __6.20 26.45 To J. A. Creath Oat Cutter $4.25 To Elias George Negro boy Reuben, age 20 $1600.00 Negro boy Aleck, age 19 1550.00 Brown mule 126.00 Sheep Shears _____.75 $3276.75 To W. B. Benson Sorrell mare mule $115.00 Gun socks ___3.00 $118.00 To A. H. Granger Sundries .50 (On next page) Page 6 To F. G Hargis Bay mule $110.00 9 Hogs at $5.25 47.25 Blk. Box 1.00 Cup box .40 Lot of Medicine .40 Bot. of Morphine .75 Yoke Oxen 45.22 Bed Stead 6.50 Cow Bell 1.60 4 Jars preserves 1.60 Razor 1.25 Coffee 5.94 10 chickens 1.00 8 turkeys ___5.00 $257.69 To Isaac Cole Screw Drive $1.00 Monkey wrench 2.00 Dining Table 7.87 1/2 644 Acres Land residence of deceased situated as follows viz: NE 1/4 of SE 1/4 & SE 1/4 of NW 1/4 & NW 1/4 of SE 1/4 & NE 1/4 of SW 1/4 & SW 1/4 & SW 1/4 of SE 1/4 & SE 1/4 of SE 1/4 & N 1/2 of NE 1/4 of section Nine, and W 1/2 of SW 1/4 & W 1/2 of NW 1/4 & SE 1/4 of SW 1/4 & SE 1/4 of SW 1/4 of section Ten and the NE 1/4 of SW 1/4 of section No. 15 all in Township No. 22 Range 3 East $2221.80 11 Head sheep 26.50 1 Trunk 5.00 [blank] _____8.75 $2272.82 1/2 (On next page) Also sold to J. R. Thompson 1 ox waggon $110.00 10 Hogs @ $14.00 each 60.60 Sundry articles __18.00 $188.60 Also to Hiram Thomas Sundry articles to the amount of $ 30.75 Page 7 To Henry Cross Negro woman Fanny and her 2 children $1130.00 To C. Donaghay Negro woman Dinah and her 2 children $1500.00 To H. Davis 1 ounce quince $10.75 1 cow & calf 15.50 1 Frosty Cow & Calf ___8.00 $24.95 Total amount of the sale $20,691.45 Now therefore all the purchasers having complied with the terms of sale, and having given their notes payable as set forth in the annexed advertisement; and the said property having been delivered to each purchaser respectively, I hereby as the lawful administrator of the estate of Gabriel N. Benson deceased do sell grant transfer and deliver to each and all the purchasers, and to their heirs and assigns all the right title and interest or Claim of any kind, whatsoever, belonging to or vested in the aforesaid estate all the aforesaid property forever. And be it further remembered that a special mortgage is hereby retained upon each and all of the slaves and the land. All the real property to secure the payments of the price of the same and further that a vendors privilege be retained upon each. Page 8 And every article of property hereby sold, both for personal and real property to be and remain in full force from date of sale till the full extinguishment of the [unreadable] to secure the payment for which it is retained. In testimony whereof I have signed this process verbal in the presence of F. H. Cann & B. B. Thomas, good and lawful witness, domicillated in the parish of Union, State of Louisiana on this the third day of December AD 1860. F. G. Hargis Administrator of the Est. Of G. N. Benson, Decd. Note, A mistake occurred in the process verbal, the amount bought by Hiram B. Thomas and J. R. Thompson were not included till after the process verbal was completed. The amount by J. R. Thompson is $188.60 and by Thomas is $30.95 making in all $$219.15 and the total of the sale $20,910.52. All of which is respectfully submitted December 3rd AD 1860. State of Louisiana 12th Judicial District Court Parish of Union By reason of the law and the evidence being n favor of Petitioner and by reason of the advice of a family meeting duly convoked according to law. It is ordered and decreed that there be a sale of all of the property both real and personal belonging to the estate of Gabriel N. Benson, Deceased on Monday the 3rd day of December AD 1860 at the late residence of the deceased. It is further ordered that for all sums of more than twenty five dollars purchasers thence give their Notes with approved security and bearing eight per cent interest from the day of sale. That a special mortgage and vendors privileges be retained on the property sold to secure the payment thereof and that for Sums of twenty five dollars and less, purchaser will be required to pay in cash. Done and signed in office on this the 27th day of October AD 1860. Thos. C. Lewis, Clk. I do hereby certify the above to be a true and accurate copy of the original order of sale now on file in my office. Given under my hand and seal of office on this 29th October AD 1860. Thos C. Lewis, Clerk Succession Sale In pursuance of an order issued from the Honorable 12th Judicial District Court, I will sell at public auction at the late residence of Gabriel N. Benson deceased near Marion, Union Parish, Louisiana on Monday the 3rd day of December next 1860 all of the property both real and personal belonging to the estate of Gabriel N. Benson deceased, consisting of the following slaves to wit: Bob, negro man aged 62 years Wiley, negro man aged 61 years Isam, negro man aged 30 years Jesse, negro man aged 25 years Silas, negro man aged 23 years Elisha, negro man aged 22 years Ellick, negro man aged 19 years Reuben, negro man aged 20 years Peter, negro man aged 10 years Mary, negro woman aged 65 years Cyntha, negro woman aged 15 years Clerisa, negro woman aged 13 years Diannah, negro woman aged 35 years and her two children Amanda, a girl aged 8 years and Frances age seven years. Martha, a woman aged 25 years and three children , Nett, a girl aged 5 years and Marion aged infant, and Bill aged 2 years Fanny aged 28 years and her two children Ann a girl aged 4 years and Jim a boy aged 1 year The following tract of land, the late residence of the deceased: The NE 1/4 of the SE 1/4 and SE 1/4 of NW 1/4 and NW 1/4 of SE 1/4 and NE 1/4 of SW 1/4 and SE of SW 1/4 and SW 1/4 of SE 1/4 and SE 1/4 o SE 1/4 and N 1/2 of SE 1/4 of Section No. 9 and the W 1/2 of SW 1/4 and the West 1/2 of NW 1/4 and SE 1/4 of SW 1/4 and SE 1/4 of SW 1/4 of Section No. two and NE 1/4 of NW 1/4 of section no. fifteen all in township No. 22 Range 3 east and unto in the aggregate 644 acres Also the personal property consisting of 1 Bay horse, 6 mules 17 head of stock cattle, 10 head sheep, 32 of Hogs, 2 yoke of Oxen, 2 odd steer, an ox and also a horse wagon, buggy and harness, set of blacksmith tools, 2000 feet of lumber, [unreadable] and the fastening utensils. Also household and Kitchen furniture, consisting of bedstead, chairs table trunks. Also 2 fine watches, 4 double ball shot guns, 2 Colt repeaters, one saddle and a lot of corn and fodder, with other things to numerous to mention. The above property will be sold on the following terms: for all sums of $25 and under, cash. For all sums in that amount on a credit of 12 months. Purchasers giving their notes with good and approved security. The notes b3earing 8 percent interest from the day of sale. A special mortgage and venders privilege will also retained on the property sold to secure the payment for the same. Oct. 31, 1860 F. G. Hargis, Admr. To the Honorable Judge of the 12th District Court for Union Parish, Louisiana. The petition of F. G. Hargis, Admr. of the estate of G. N. Benson deceased the first now and the later late a resident of above respectfully represents that the entire real property did sell on the 3rd of December 1860, but a portion of the personal property did not. And as the order was for it to sell, and it only [unreadable] to me for the amount of time in which to sell it. He prays that the said property be sold for all sums of over $25 on a credit of 12 months and for that amount and under cash. And for other orders and decrees necessary in the premises. F. G. Hargis, Admr. State of Louisiana` 12th Judicial District Court Parish of Union Let the prayer of petitioner be granted and it is ordered and decreed that all the remaining personal property belonging to the estate of G. N. Benson, decd. be sold on Thursday the 27th day of December 1860 on the following terms to wit: All sums of over $24.00 on a credit of 12 months purchasers giving their notes with approved security bearing 8 per cent interest from date all sums of $25.00 and under cash. Done and signed in office on this the 11th day of Decr. 1860 Thos. C. Lewis, Clerk A True Record, April 17th 1861. Jas. L. Guthrie ###########################################################