1860 - 1865 Succession of Gabriel N. Benson, Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 4/2005 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= 1860 - 1865 Succession of Gabriel N. Benson, Union Parish Louisiana Union Parish Louisiana Succession Book E, pp. 472 - 486 ================================================================================== State of Louisiana Parish of Union Do you and each of you solemnly swear that you will faithfully and impartially appraise all the property that may be presented to you belonging to the Estate and succession of Gabriel N. Benson, Deceased, at its cash value to the best of your knowledge and judgment. So help you God. B. F. George Marshal Day Sworn to and subscribed before me this the 16th day of October AD 1860. W. C. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this the 16th day of October AD 1860 pursuance to an order of the Honorable the 12th Judicial District Court within and for said Parish and to me William C. Smith, Parish Recorder and Ex Officio Notary Public in and for the Parish and State aforesaid, [unreadable] I repaired to the late residence of Gabriel N. Benson, Decd., late a residence of this Parish for the purpose of making an inventory and appraisement of the Property both real and personal belonging to the estate and succession of the said Gabriel N. Benson, Decd. Whereas Benjamin F. George and Marshal Day, residents of the parish of Union and males of age being duly appointed and sworn by me the said Recorder as appraisers and in the presence of two lawful and competent witnesses proceeded to make the following inventory and appraisement to wit: Tract of land, the late residence of the deceased numbered as follows viz: NE ¼ of SE ¼ and SE ¼ of NW ¼ and NW ¼ and SE ¼ and NE ¼ of SW ¼ and SE ¼ of SW ¼ of SE ¼ and SE ¼ of SE ¼ and N ½ of NE ¼ of Section Nine and the West ½ of SW ¼ and the West ¼ of NW ¼ and NE ¼ of SW ¼ and SE ¼ of SW ¼ of Section ten and the NE ¼ of NW ¼ of Section No. 15 all in Township No. 22 Range three East containing in the aggregate of 644 34/100 acres apprd. @ three dollars per acre $1933.02 1 Bay horse apprd. @ 125.00 1 Bay mule apprd. @ 100.00 1 Brown Mule apprd. @ 100.00 1 Sorrell mare mule apprd. @ 125.00 1 Dark horse mule apprd. @ 150.00 1 Brown mare mule apprd. @ 125.00 1 Dark Brown horse mule apprd. @ 100.00 32 Head of hogs apprd. @ $4.50 per head 144.00 2 Yoke of oxen apprd. @ $75.00 each 150.00 2 Odd steers apprd. @ $20.00 each 40.00 10 Head sheep apprd. @ $2.50 each 25.00 1 Ox waggon apprd. @ 110.00 1 Horse waggon apprd. @ 75.00 1 Buggy, 2 Harnesses apprd. @ 75.00 1 Sow, 6 shoats apprd. @ 18.00 17 Head stock cattle apprd. @ $7.00 per head 119.00 1 Grind stone and pictures apprd. @ 5.00 10 chopping axes apprd. @ 10.00 7 Avery ploughs with extra points apprd. @ 22.50 14 Weeding hoes apprd. @ 7.00 24 Plough hoes apprd. @ 17.00 1 Log chain apprd. @ 6.50 1 Fifth chain apprd. @ 2.50 1 Set black smith tools apprd. @ 50.00 100 Lbs. Bar iron, 100 lbs. Rod iron apprd. @ 4.00 1 smoothing plain, 1 brace & set bits apprd. @ 5.75 1 hand saw apprd. @ 3.50 4 Augers, 1 drawing knife, 1 framing square, chisels, hammers, tying squares, hand axes @ 8.00 6 Pr. plough gun, 1 pr. ballances apprd. @ 12.00 1 Cross cut sway, 1 log grab apprd. @ 11.00 1 Hunting pan apprd. @ 1.00 1000 Feet lumber more or less apprd. @ 71.00 2 Bed stead @ $7.00 each, 1 Bead stead @ $4.00 each apprd. @ 18.00 3 Mattresses @ $4.00 each, 1 Mattress @ $2.00 each apprd. @ 14.00 1 Feather bed @ $7.00, 1 Feather bed @ $15.00 22.00 3 Pr. blankets @ $5.00 each, 1 Blanket @ $8.00 25.00 1 Lot bed clothes apprd. @ 50.00 1 Dozen chairs apprd. @ 12.00 1 Dining Table @ $8.00, 1 round table @ $3.00 11.00 1 Square table @ $2.50, 1 Violin @ $8.00 10.50 2 Trunks @ $5.00 each, 1 Valise @ $5.00 15.00 1 Large chest @ $5.00, 1 lot books @ $100.00 105.00 1 Brass clock @ $6.00, 1 Looking glass @ $2.00 8.00 2 Franmes and Picture @ $2.00 each 4.00 1 Medium chest and contents apprd. @ 10.00 2 Forceps, 1 gold pen apprd. @ 4.00 1 Gold pen, 1 find double B shot gun apprd. @ 51.00 1 Double Barrell shot gun @ $5.00, 2 Double barrell shot gun @ $12.00 each 29.00 1 Colt Repeater @ $10.00, 1 Colt Repeaters @ $18.00 28.00 1 Fine gold Watch, chain & Seal apprd. @ 150.00 1 Lot crockery, glassware & Table cuttlery @ 25.00 1 Razor & strop, 1 pr. gun locks apprd. @ 5.00 1 Spy glass, 2 gallons burning fluid apprd. @ 3.00 1 Saddle apprd. @ 12.50 3000 Lbs. Fodder more or less apprd. @ 30.00 500 Bushels corn more or less apprd. @ 500.00 50000 Lbs. Seed cotton more or less part in the field apprd. @ 1250.00 Bob, negro man aged 62 black color apprd. @ 300.00 Wiley, negro man aged 61, copper color apprd. @ 300.00 Isom, negro man aged 30, black color apprd. @ 1500.00 Jesse, negro man aged 25, black color apprd. @ 1450.00 Silas, negro man aged 23, black color apprd. @ 1500.00 Elisha, negro man aged 22, black color apprd. @ 1300.00 Ellick, negro man aged 19, black color Apprd. @ 1400.00 Reuben, negro man aged 20, black color Apprd. @ 1400.00 Peter, negro boy aged 10, black color Apprd. @ 600.00 Mary, negro woman of copper color, age 65 Apprd. @ 25.00 Dianah, negro woman age 35 years and her two children, Amanda, girl age 8 years, Francis a girl age 7 years all of dark color apprd. @ 1300.00 Cynthia, girl child of Dinah, age 15 mulatto apprd. @ 1000.00 Clerisa, a girl child of Dinah, age 13, black color apprd. @ 700.00 Martha, negro woman age 25 years of black color and her three children, Nett, a girl age 5 years, Bill, boy age 2 years and Marion an infant all of black complexion apprd. @ 1500.00 Fanny, woman age 28 years of black color and her two children Ann, a girl age 4 years of copper color, Jim, a boy age 1 year of copper color apprd. @ 1200.00 1 Straw cutter apprd. @ 5.00 R. F. Farmer Note, John Wood security for the sum of $800.00 due March 1st 1859 with 8 % interest from date dated March 18th 1858 less a credit of $400.00 March 20th 1859, balance principal 400.00 Wm. Day Note for $125.00 due January 1st 1861 dated March 15th 1860 with 8 % interest from date 125.00 E. A. Benson Adm. Note for one thousand eight hundred and Seventy Seven & 96/100 Dollars due one day after date. Dated June 11th 1859 with eight % Int. from date 1877.96 A. P. Johnson Note for Two Hundred and 20/100 Dollars dated August 16th 1860 200.20 Elias George Note for Five Hundred and Ninety Seven 19/100 Dollars with eight % Int. from date. Dated February 7, 1860 597.19 Wm. Plummer Note for Twenty nine dollars payable on demand 29.00 Note signed by W. W. Goldsby, MD for the sum of one hundred twenty dollars due three months after date. Dated April 26th 1860 with 10% Int. from due 120.00 Cash on hand 35.00 One dollar bill on the commercial Bank of Tennessee ______1.00 Total Amount $25026.22 Having completed the foregoing inventory and appraisement, I have on this the 16th day of October AD Eighteen hundred and Sixty closed the same. In testimony whereof, I have caused said appraisers to sign their names hereto in the presence of Jesse M. Pearson and William Day, male witnesses of lawful age and domiciled in said Parish who have hereto signed with said appraisers and me the said Recorder on this the day and date. ATTEST B. F. George Jesse M. Pearson Marshall Day Wm. Day W. C. Smith, Recorder To the Honorable Judge of the Eleventh Juducial District Court in and for the Parish of Union in the State of Louisiana. The petition of Elizabeth A. Hargis, Administratrix of the Estate of Felix G. Hargis, Decd. respectfully represents unto your Honor that said Felix G. Hargis was Administrator of the Estate of Gabriel W. Benson, Decd. by appointment made on the 10th day of October 1860 and that said Hargis, died on the 6th September 1862 without rendering an account of his administration of said Estate. Petitioner represents that as Administratrix of said Hargis Estate, she herewith renders to your Honorable Court an account of the Administration of said Benson's Estate by said Hargis. It will be shown by the mortuary proceedings of said Benson's Estate that all the property except some items which was consumed by use or died was sold on the 3rd and 26th days of December 1860 on a credit and notes were taken from the purchasers and that the entire estate now consists in notes and cash as is fully shown by the mentioned account. Most of the debts owing by said Estate has been paid and the Estate has been fully administered with the exception of the payment of the balance of the debts. Which do not amount to more than six hundred dollars as petitioner believes and there is ample funds in hand to pay the balance. Petitioner prays your Honor to cause said account to be advertised according to law and all persons interested therein notified of the same and that if no legal opposition be made to the same that your honor approve and confirm and homolgate the same in all its parts and for all such orders and decrees in the premises as the nature of this case in Law and Equity may be proper and for general and equitable relief &c. J. R. Ray, Atty. State of Louisiana Parish of Union It is ordered that the foregoing and within account be advertised according to law. Done and signed in office on this 21st day of April AD 1863. J. L. Guthrie, Clerk Estate of Gabriel N. Benson, Decd. Final Account of the Administration of said Estate by Felix G. Hargis now deceased rendered by Elizabeth A. Hargis, his Administratrix. The Estate of Felix G. Hargis, Admr. is charges with the whole amount of the Inventory of said Benson's Estate made on the 16th day of October 1860 amounting to 25026.22 All the property of said Benson's Estate was sold at public sale except the cotton and such articles as are returned on the credit side of this account and sold for more than it was at the amount of ___1309.19 Whote amount of Estate 26535.41 Amount sales of cotton over the appraisement ____106.06 26641.47 The Estate of Felix G. Hargis, Admr. asks the following Credits for property returned or used, debts paid and notes returned &c Property used and dead 30000 lbs fodder used by the estate apprd. @ 30.00 100 Bushels corn used by the estate apprd. @ 100.00 Brown mare mule dead apprd. @ 125.00 The cotton sold for less than it was appraised at after deducting expenses of all kinds as per annexed Voucher marked I [blank] The following note included in said inventory are yet uncollected and are here teturned to wit: Note of R. F. Farrar Inventoried @ 400.00 Note of Wm. Day Inventoried @ 125.00 Note of E. A. Benson, part paid bal. 847.15 Note of A. P. Johnson Inventoried @ 200.00 Note of Wm. Plummer Inventoried @ 29.00 Note of M. W. Goldsby Inventoried @ 120.00 The following notes taken at the sale of said Estate made on the 3rd and 26th December 1860 are returned as uncollected to wit: 1. Note of J. R. Plummer amounting to 3324.96 2. Note of W. J. Cammack amounting to 4304.25 3. Note of D. M. Johnson amounting to 35.50 4. Note of David Gonger amounting to 116.80 5. Note of S. E. Traylor amounting to 27.50 6. Note of J. Doomas amounting to 42.75 7. Note of R. Martin amounting to 74.50 8. Note of Chas. Dildy amounting to 101.00 9. Note of J. A. White amounting to 150.00 10. Note of W. A. Glasson amounting to 1450.00 11. Note of James Jeter amounting to 600.00 12. Note of D. Shaw amounting to bal. 535.00 13. Note of Robt. Toler amounting to 800.00 14. Note of T. J. Freeman amounting to 28.00 15. Note of Wm. Plummer amounting to 36.45 16. Note of Wm. B. Benson amounting to 118.00 17. Note of Drury Cross amounting to 1150.00 18. Note of E. Doughey amounting to 1300.00 19. Note of G. R. Plummer amounting to 331.37 20. Note of J. R. Thompson amounting to 60.14 21. Note of T. J. Freeman amounting to 14.87 22. Note of Hiram Thomas amounting to 30.75 23. Note of W. W. Wassin amounting to 50.00 The amount of Elias George purchase of the two negroes Reuben and Alick purchased at sale on the 3rd Decr. 1860 amounting to 3150.00 T. G. Hargis has paid the following debts due by the Estate of G. W. Benson, Decd. and herein claims credit therefore to wit: Voucher 1 Paid Acct. to Johnson & Edwards 28.25 Voucher 2 Paid acct. to Dr. John Traylor in part 25.00 Voucher 3 Paid acct. to D. Reppond 7.38 Voucher 4 Paid note to J. Cole and Int. 121.55 Voucher 5 Paid acct. to J. Gresham for coffin 25.00 Voucher 6 Paid acct. to Taxes for 1859 53.38 Voucher 7 Paid acct. to Tuition bill to Trimble 21.90 Voucher 8 Paid acct. to Amt. paid Meyer & Arent part. 275.00 Voucher 9 Paid acct. to amt. paid W. C. Smith, Recorder 36.25 Voucher 10 Amt. paid Martha A. Harris 6.20 Voucher 11 Amt. paid E. A. Benson cr. on note 1029.85 Amt. paid A. H. May & co. on their acct. of $610.00 300.00 Amt. paid J. E. Trimble on his acct. $153.84 77.76 Amt. paid T. A. Thompson on his note $170 86.80 Amt. paid O. H. Overstreet on his acct. $150 93.05 Amt. paid T. C. Lewis on his acct. $30 10.50 Amt. paid L. Feazel on his note $50 25.00 Amt. paid Printers bill advertising 40.00 Amt. paid Stripling on his note 11.00 Amt. paid farm acct. due by Decd. 15.00 Amt. paid pair shoes for negro Elisha 1.75 Amt. paid for 140 lbs. Port for the Estate 8.00 Amt. paid New Orleans Picayune for Advr. 3.00 Amt. paid C. T. Powell 32.00 Amt. paid E. Gross & Bro. on acct. 250.00 Administrators Commission on $26535.41 at 2 ½% Being amt. of estate 663.37 J. & R. Ray atty. fees in rendering the account and in attending to the partition of the property amongst the heirs ____300.00 Total amount of credits $23344.88 Recapitulation Sum Total of Debits $26641.47 Sum Total of Credits __23344.88 Balance due by Admr. on acct. $3296.59 Three Thousand Two Hundred and Ninety Six & 59/100 Dollars We have by acknowledge service of the within account. Jno. L. Barrett, Atty. T. C. Powell Jane G. Plummer, Tutrix Wm. B. Benson Homolgation of Final Act filed by E. A. Hargis 1st Final Account filed. 2nd J. L. Guthrie, Clerk, District court, Parish and State aforesaid being duly sworn says that said final account was filed on the 21st April 1863 and has been duly and legally advertised in the following manner to wit: by posting one copy of said advertisement at the Court House door in the town of Farmerville and by causing two copies thereof to be posted at two other public places in said Parish of Union and further that there has been no opposition filed to the homolgation of said final account up to the present date. J. L. Guthrie, Clerk Sworn to and subscribed before me this 1st of August 1863. I. C. Mayes, J. P. State of Louisiana Parish of Union I hereby certify that the above and foregoing is all the evidence adduced on the Homolgation of the final account filed by E. A. Hargis, Admx. J. L. Guthrie, Clerk Staate of Louisiana Parish of Union In the matter of the foregoing account of the Administration of T. G. Hargis, Admr. filed by E. A. Hargis, Admx. By reason of the law and evidence in this case, being in favor thereof and by the further reason of the said account having been advertised according to law for more than thirty days and that all of the parties residing in the Parish have been fully notified and there having been no opposition filed in this office up to this date, therefore it is hereby ordered, adjudged and decreed that the foregoing account of the Administration of F. G Hargis of the Estate of G. A. Benson, Decd. be and the same hereby is approved and acknowledged in all its parts. And that there be judgment against the said Administration, his legal representatives for the sum of three thousand two hundred and twenty six and 59/100 Dollars with legal interest from this date. Done and signed in office on this the first Saturday and the first day of August AD 1863. J. L. Guthrie, Clerk To the Honorable the Judge of the Eleventh Judicial District Court in and for the Parish of Union, in the State of Louisiana. The petition of William B. Benson, resident of the Parish of DeSoto in said State respectfully represents unto your honor that his brother, Gabriel N. Benson died about the 22nd day of September 1860, leaving as his only heir having no assendants nor descendants for Petitioner. Willis Cain, Eliza Cain and Sarah Cain, children of Sarah Cain, Decd. who was sister to said Gabriel N. Benson, Decd., Willard Benson, Rose Benson and Samuel Benson, children of Samuel E. Benson, Decd., brother to said Gabriel N. Benson, all of which minor Bensons all represented by Mrs. Elizabeth Ann Hargis, their mother and Tutrix resident of the Parish of Union in said State. Edwin Powell, son of Amanda Powell, Decd. sister to said Gabriel N. Benson, Decd., a minor represented by Travis Powell, his father now resident of the State of Texas, Gabriel E. Plummer, son of Gabriel R. Plummer, nephew of said Gabriel N. Benson, Decd., a minor represented by his mother Jane Herrin as tutrix who resides in your said Parish of Union Parish. Petitioner represents that the Estate of said Gabriel N. Benson, Decd. was administered by Felix F. Hargis who is now dead, but that before his death, said Administrator had nearly completed the Administration of said Estate. All the property had been sold and reduced to notes and most of the debts had been payed all which will fully appear by reference to an account of the Administration of said Gabriel N. Benson's Estate by said Felix G. Hargis, rendered by Mrs. E. A. Hargis, Admx. of the Estate of said Felix G. Hargis, Decd. which was filed in the Clerk's office for said Parish of Union on the 21st April 1863, and was homolgated on 1st day of August 1863 by which account it will appear that the assets of said Gabriel N. Benson's Estate is near ready for partition amongst his heirs. Petitioner further represents unto your Honor that he is unwilling to hold the property of said Estate in Common and undivided any longer and that he desires a partition thereof. Petitioner therefore prays your Honor to cause the other heirs as are described in the Petition to be cited and notified thereof. That Elizabeth A. Hargis, Tutrix to the minor children of Samuel E. Benson, Decd., Travis Powell, Tutor to the minor son of Amanda Benson, Decd., Jane Herrin, Tutor to the minor child of Gabriel R. Plummer, Decd. be cited and therein as much as the children of Sarah Cain, Decd. are residents of the State of Alabama and are unrepresented in the State that your Honor appoint a tutor ad hoc to said minor Cain's to represent them in the act of partition and on when service of this Petition can be made. Petitioner further prays that your Honor name a Notary before when this act of partition is to be made, also experts to assist said Notary in making the partition, and also fix a time and place at which and when the partition shall be made and for all such other and further orders and decrees in the premises as in the nature of the case may be legal and equitable and for general and equitable relief &c. Jon. L. Barrett, Atty. We the undersigned acknowledge service of the foregoing Petition waive citation and all other legal delays and concur in the prayer for partition as is prayed for in the foregoing and within petition on this 31st day of October AD 1864. E. A. Hargis, Tutrix Jno. D. Barrett, Atty. T. C. Powell, Tutor Jane Hearen, Tutor T. B. Tompkins, Tutor Ad Hoc for Cain heirs It is ordered that Thomas B. Tompkins be appointed Tutor ad hoc to the minor Willis Cain, Eliza Cain and Sarah Cain to represent them in the partition prayed for in the within petition. Done and signed in office on this 31st day of October 1864. Thos. C. Lewis Clerk, Dist. Court State of Louisiana Parish of Union The within petition and the approval thereof by all the parties in interest having been considered, it is ordered that a partition of the Estate of Gabriel N. Benson, Decd. be made as is prayed for in the within and foregoing Petition. That the same be divided in kind and into five equal parts to represent the five roots of heirs to said Estate and that William C. Smith, Parish Recorder and Ex Officio Notary Public of said Court of Union, La. proceed to make said partition at his office in the Tow of Farmerville in said Parish on the 8th day of December 1864 at the hour of 10 o'clock AM and that B. B. Thomas and Richard C. Fox be appointed experts to assist him in making said partition and that all said parties be notified of the time and place of the making said partition. The district Judge being absent from this parish at this time this order is granted by the undersigned clerk of the District Court in and for said parish and State in office on this 31st day of October 1864. Thos. C. Lewis, Clerk, Dist. Court State of Louisiana Parish of Union I, Thomas B. Tompkins, do solemnly swear that I will well and faithfully discharge and perform all and singular the duties incumbent on me as tutor ad hoc for the minors, Willis Cain, Eliza Cain and Sarah Cain in the matter of the partition of the Estate of Gabriel N. Benson, Decd. according to the best of my abilities. So help me God. T. B. Tompkins Sworn to and subscribed before me on this 8th day of December AD 1864. Thos. C. Lewis Clerk, Dist. Court State of Louisiana Parish of Union We and each of us do solemnly swear that we will well and faithfully discharge and perform all and singular the duties incumbent on us as experts in making the partition of the Estate of Gabriel N. Benson, Decd. according to the best of our abilities. So help us God. R. C. Fox B. B. Thomas Sworn to and subscribed before me on this 8th day of December AD 1864. Thos. C. Lewis Clerk, Dist. Court State of Louisiana Parish of Union Be it remembered that in pursuance to an order of the 11th Judicial District court of date the 31st day of October 1864 directing me assisted by Burrell B. Thomas and Richard E. Fox, experts to make a partition of the Estate of Gabriel N. Benson, Decd. amongst the heirs thereof at my office in said Parish on the 8th day of December 1864 that I, William C. Smith, Parish Recorder in and for said Parish with said experts on said day and at said place, have proceeded to make said partition. I first caused all said parties in interest to be cited and notified thereof and John L. Barrett appears to represent William Benson, Travis Powell, tutor to Edwin Powell, and Jane Herrin, Tutrix to Gabriel E. Plummer, and Elizabeth Ann Hargis appeared to represent the minor children of Samuel E. Benson, Decd. and Thomas B. Tompkins appeared as tutor ad hoc for the minor heirs of Sarah Cain, Decd. as desired in Plantiff's Petition for this partition. I said Notary and Experts first proceeded to ascertain the amount of said Estate to be partitioned after paying the charges against said Estate which are not included in the amount rendered by Felix G. Hargis' Estate as follows. The following is the assets of the Estate of Gabriel N. Benson, Decd. with the interest calculated up to the 1st day of November AD 1864. 1. Note of R. F. Farrar & John Ward now due $597.90 2. Note of Wm. Day now due 172.50 3. Note of E. A. Benson now due 1213.16 4. Note of A. P. Johnson, Jr. now due 242.00 5. Note of Wm. Plummer now due 34.80 6. Note of M. W. Goldsby & G. R. Plummer now due 157.60 7. Note of T. R. Plummer & Mayes & Arent now due 4413.41 8. Note of W. J. Cammack & Elias George now due 5710.27 9. Note of A. W. Johnson & John Taylor now due 42.00 10. Note of D. Goodger & Allen Martin now due 142.97 11. Note of S. E. Traylor & G. R. Plummer now due 36.10 12. Note of J. Doomas Note of J. R. Thompson now due 56.12 13. Note of A. Martin & D. M. Goodger now due 97.82 14. Note of Chas. Dildy & J. L. Tugwell now due 132.62 15. Note of J. A. white & John Taylor now due 196.90 16. W. A. Glassin & others 3 notes now due 1887.60 17. Note of D. Shaw & R. Toler now due 804.31 18. Note of R. toler & D. Shaw now due 1050.43 19. Note of T. J. Freeman & J. Cole now due 36.73 20. Note of Wm. Plummer & G. R. Plummer now due 34.70 21. Note of Wm. B. Benson now due 154.96 22. Note of Drudy cross & J. G. Hollis now due 1509.58 22. Note of C. Donoghe, D. M. Goodger & A. Martin now due 1706.48 23. Note of R. G. Plummer now due 433.80 24. Note of J. B. Thompson now due 78.54 25. Note of T. J. Freeman now due 19.45 26. Note of Hiram Thomas & others now due 40.21 27. Note of W. W. Wasson now due 65.60 28. Note of Elias George now due 4034.90 Cash amt. of Jas. Jeters Note of $600 with interest to September 8, 1863 732.64 29. Note of J. R. Thompson, Bruton & White Securities with $188.60 8 per cent Int. from Decr. 3 1860 to Nov. 1 1864 247.57 30. Judgment against Felix G. Hargis Estate rendered on Homolgation of account on the 1st day of August 1863 amt. Judt. $3,296.59 5 per cent Int. to Nov. 1 1864 $201.01 ___3502.60 Whole amount of Assets $29,586.77 Since the rendition of the account of Hargis Admr. which was filed on the 21st April and homolgation on the 1st August 1863, the following debts have been paid by the Estate of Hargis, Admr. Voucher 1 Paid H. Gross & Bro. & Int. For 1860 38.95 Voucher 2 Paid H. Gross & Bro. & Int. For 1859 197.80 Voucher 3 Paid note of G. N. Benson to Brenner & Co. 144.19 Voucher 4 Paid note of G. N. Benson to J. L. Thompson 108.13 Voucher 5 Paid T. C. Lewis, Clerk's fees 22.94 Voucher 6 Paid Amt. of Meyer & Arent For 1859 346.71 Voucher 7 Paid Amt. of J. A. White 5.00 Voucher 8 Paid Amt. of Jno. Traylor 164.78 Voucher 9 Paid Amt. of H. Regenburg's fees 25.00 Voucher 10 Paid Confederate War Tax of Estate 644.94 Voucher 11 Paid Amt. to Judon Torero freight 7.50 Voucher 12 Paid Amt. to Rock City freight 10.62 Voucher 13 Paid Amt. to Pearless freight .51 The note of J. R. Thompson which is charged on the other side of this account under No. 29 for $188.60 was not credited to the Estate of F. G. Hargis in the acts. Homolgation the 1st August 1863 and as it belongs to the Estate and is returned in this acct. the Estate of Hargis is entitled to a credit for the amount less the interest 188.60 Voucher 14 Amt. paid H. R. Ray, Atty. for making up this act of partition 200.00 Voucher 15 Amt. reserved to pay Clerk's and Recorder's fees for this partition ___150.00 Whole amt. of charges $2255.67 Whole amt. of Assets of Estate __$29586.77 Amt. to be partitioned $27331.10 There being five roots or branches there in pursuance of the order of court proceeded to divide the assets into Five Lots of $5466.22 each by and with the assistance of said experts as follows. Lot No. One 8. W. J. Commack & E. George's note of $5710.27 which exceeds one lot by $244.05 Lot No. Two 7. G. R. Plummer, Mayer & Arents note for $4413.41 23. R. G. Plummer's note for 433.80 5. Wm. Plummer's note for 34.80 20. Wm. Plummer's note for 37.70 6. M. W. Goldsby note for 157.60 4. A. P. Johnson's note for 242.00 21. W. B. Benson's note for __154.96 Which exceeds one Lot by $4.05 $5470.27 Lot No. three 28. Elias George's purchase $4034.90 3. E. A. Benson's note for 1213.66 2. Wm. Day's note for 172.50 26. Hiram Thomas & other's note for 40.20 Cash ____4.95 $5466.22 Lot No. Four 16. W. A. Glassen's 3 notes for $1887.60 17. D. Shawn & R. Toler's note for 804.31 18. R. Toler & D. Shaw's note for 1050.43 1. R. F. Farrar's note for 597.90 9. A. M. Johnson & Jno. Traylor's note for 42.00 10. D. Godger & A. Martin's note for 142.97 11. S. E. Traylor & G. R. Plummer's note for 36.10 12. J. R. Thompson's note for 56.10 29. J. R. Thompson's note for 247.57 Cash for C. Slates 4 per ct. bond 600.00 Cash _____1.24 $5466.22 Lot No. Five 13. A. Martin & Gorger's note for $97.82 14. Chas. Dildy & J. L. Tugwell's note for 132.62 15. J. A. White & Jno. Traylor's note for 196.90 19. T. J. Freeman & J. Cole's note for 36.73 22. Drury Cross & Hollis' note for 1509.58 22. C. Donegah, Goodger & Martin's note for 1706.48 24. J. R. Thompson's note for 78.54 25. T. J. Freeman's note for 19.45 27. W. W. Wasson's note for 65.50 Lot No. One owes this Lot 244.05 Lot No. Two owes this Lot 4.05 Certificate for C. S. War bond for 1200.00 Cash __174.40 $5466.22 In the above Lots it will appear there are two certificates for Confederate States 4 per cent bonds which was a portion of the money which was on hand belonging to the Estate when by law it became necessary to bond and which was done for the Estate. The Lots having been formed as above stated, the parties all being present proceeded to draw Lots, when Travis C. Powell, Tutor for Edwin Powell, son of Amanda Benson, Drew Lot No. One. T. B. Tompkins, tutor ad hoc for heirs of Sarah Cain, Decd. drew Lot No. Two. Jane Hearin, tutrix of minor Gabriel E. Plummer, drew Lot No. Three, E. A. Hargis, Tutrix of minors of S. E. Benson, Decd. drew Lot No. Four, and W. B. Benson drew Lot No. five. The items comprising each Lot as herein stated were then delivered over to the parties drawing the same or their representative who herein acknowledges the receipt of the same and the same is hereby adjudicated, transferred and delivered to each party and each party renders to each other party any need, rights he or they may have in and to the Items set apart to the others. In testimony whereof all said parties with one said recorder and Notary and Experts have hereto signed our names in presence of Wm. H. Carson and David Arent, witnesses of lawful age and domiciliated in said Parish and State who have also hereto signed their names on this 8th day of December 1864. In faith whereof I have hereto signed my name and affixed any seal of office the date above. Attest: Jno. L. Barrett, Atty. W. H. Carson For W. B. Benson D. Arent Travis C. Powell, Tutor W. C. Smith Jane Hearin, Tutrix Parish Recorder T. B. Tompkins, Tutor Experts: Ad hoc for minor R. C. Fox Edwin Cain B. B. Thomas E. A. Hargis, Tutrix To the Honorable the Judge of the Eleventh Judicial District Court in and for the parish of Union in the State of Louisiana. The Petition of William B. Benson, resident of the Parish of DeSoto in said State herewith respectfully presents to your Honor the partition final of the Estate of Gabriel N. Benson, Decd. made in pursuance to an order of your Honorable Court. Petitioner prays your Honor to cause all the parties to said partition to be cited to show cause if any they have why the same should not be homolgated and if no legal cause be shown, why it should not be that your Honor approve, confirm and homolgate the same in all its parts and for all such orders and decrees in the premises as the nature of the case in law and equity may make proper and for general and equitable relief &c. Jno. L. Barrett, Atty for Plantiff Service of the foregoing and within petition for Homolgation of the partition therein prayed for is acknowledged and all legal delays waived and we concur in the prayer of said petition. Signed on this 8th day of December 1864 T. B. Tompkins, Tutor ad hoc for minor Cain E. A. Hargis, Tutrix Jno. L. Barrett, Attorney for T. C. Powell, Tutor and Jane Hearin, Tutrix & W. B. Benson In the matter of the application to homolgate the final partition of the Estate of Gabriel N. Benson, Decd. The within Petition with the annexed final partition of the Estate of Gabriel N. Benson, Decd. and the acknowledgement of service of said Petition waive of time and the approval of the application for Homolgation being considered, it is ordered, adjudged and decreed by the court that said final act of partition of the Estate of Gabriel N. Benson, Decd. be approved, confirmed and homolgated in all its parts. The District Judge being absent, this done by the Clerk of said Court on this 8th day of December 1864. Thos. C. Lewis Clerk, District Court A True Record this 7th day of December AD 1865. Thos. C. Lewis, Clerk ###########################################################