1845 - 1846 Union Parish Louisiana Succession of Nancy Courtney Byrd, Deceased Submitted by: Shawn Martin Date of Submission: 11/2008 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================== ================================================================================== 1845 - 1846 Union Parish Louisiana Succession of Nancy Courtney Byrd, Deceased Union Parish Louisiana Succession Book A, pp. 127 - 135 ================================================================================== ================================================================================== To the Honorable Judge of the Probate Court in and for the Parish of Union, State of Louisiana. The Petition of John Byrd a resident of your said Parish and State with due respect shows that Nancy Bird, late a resident departed this life at the residence of your petitioner on the 15th day of April 1845 intestate leaving a small estate of real and personal property in this Parish and the following persons her children and legal representatives and Heirs viz, your petitioner Ezra Byrd, Sylpha Curtis and Catharine Haygood, residents of this State and Elizabeth Woodward of the State of Mississippi that there should be an Administration of said Estate. Wherefore petitioner prays your Honor to cause an inventory and appraisement to be made of said Estate the he be appointed administrator of the same and for all such other and further decrees in the premises as may become necessary and for general relief as in duty bound. N. J. Q. Baker, Atty. Let the Prayer of the petitioner be granted and it is ordered and adjudged and decreed that an inventory and appraisement be made and that John Byrd be appointed Administrator on giving bond and security according to Law. Done and signed in Chambers this 31st day of July AD 1845 and that Needham M. Bryan be appointed to represent the absent heirs. John Taylor Probate Judge State of Louisiana Parish of Union Be it remembered that on this 18th day of august AD 1845 that I, John Taylor, Parish Judge of Ex Officio Notary Public in and for said Parish and State having received official information of the death of Nancy Byrd who departed this life at the residence of John Byrd in the Parish of Union on the 15th day of April 1845 intestate having a small portion of Property Real and personal rights and credits and for the purpose of making an inventory and appraisement of said decedents Estate. I have repaired to the house of said John Byrd for purpose aforesaid. I have appointed Thomas Rabun and Wilson C. Eubanks free holders and residents of said Parish Appraisers to appraise all the property comprising said decedents Estate and when after being duly sworn by me the said Judge well and truly to do and perform all and singular the matters as follows together with me Judge and undersigned witnesses and parties Inventory Appraisement 1 Negro man Jacob aged about 40 years $425.00 1 Lot crockery ware, knives, forks & spoons 1.50 1 wood, three tin buckets & books 3.00 1 bed mattress and furniture 10.00 2 tubs, 1 chamber pot, 1 waiter 12/, 2 chairs 4/ 2.00 1 pot, 1 oven, 1 coffee pot, 2 tin buckets, 1 tin pan 1.88 1 spider 4/, 1 jug 2/, 1 wedge 4/, tongs 4/ 1.75 Dog irons 8/, pot rack 5/, 1 kettle 4/ 2.12 1 pot with 2 legs 1/, bucket bees wax & tallow 8/__1.13 $448.38 The inventory amounting to four hundred and forty eight dollars and thirty eight cents in testimony whereof said parties appraisers have signed their names in presence together with John Byrd, Administrator who gave in the property and in presence of the undersigned witnesses, residents of said Parish and me Judge the day and date first mentioned Wm. A. Lucas Thos. Rabun John Anders W. G. Eubank John Taylor John Byrd Parish Judge N. M. Bryan, Atty. Abt. Heirs We and each of us do solemnly swear we will to the best of our understanding appraise all the property comprising the Estate and Succession of Nancy Byrd, Deceased, so far as will be shown or may come to our knowledge. So help us God. Wm. C. Eubank Thos. Rabun Sworn to and subscribed before me this 18th day of August AD 1845. John Taylor Parish Judge State of Louisiana Court of Probates Parish of Union This is to certify that Needham M. Bryan Attorney at Law has been duly appointed counsel to the Absent Heirs of Nancy Byrd, Deceased now therefore he is hereby authorized and empowered to discharge all and singular the duties appertaining to said appointment according to Law. In testimony whereof, I have hereunto signed my name and affixed my seal of office on this 31st day of July AD 1845. John Taylor Judge of Probates State of Louisiana Parish of Union Know all men by these presents that we John Bird as principal and Thos. Rabun as security of the State of Louisiana are held and truly bound unto John Taylor Judge of the Court of Probates in and for the parish of Union or to his successors in office in the sum of Five Hundred and sixty Dollars current money of the United States of America which we promise to pay to him or his successors in office for the faithful performance of which we bind ourselves and each of us our and each of our heirs, executors, Administrators, jointly and severally firmly by these presents renouncing all benefit or division whatsoever signed and acknowledge on this the 18th day of August AD 1845. The condition of the above obligation is such that if the above bounden John Byrd, Administrator of the Estate of Nancy Byrd, Deceased does well and truly according to Law administer the same and further does make and render a true just and perfect account of all his actions and doings when thereunto lawfully required either by the aforesaid Judge or his successors in office or by the heirs of said decedent or the lawful attorney or by the duly appointed and authorized Executor or Executors of the last will and testament of the said decedent then this obligation to be void else to remain in full force and effect. In witness whereof we have hereunto set our hands and seals the day and year above written, signed and acknowledged John Byrd Thos. Rabun State of Louisiana Court of Probates Parish of Union Whereas John Byrd has been appointed Administrator of the Estate of Nancy Byrd, Deceased and having given bond and security as prescribed by law and taken the oath. Now therefore he is hereby authorized and empowered to discharge and perform all and singular the duties appertaining to the said appointment according to law. In testimony whereof, I have hereunto signed my name and affixed my seal of office on this 18th day of August AD 1845. John Taylor Probate Judge To the Honorable the Judge of the Probate Court in and for the Parish of Union and State of Louisiana. The petition of John Byrd, a resident of your said Parish and State with due respect shown that he is one of the heirs of Nancy Byrd, late of your said parish and State and that he has been Administrator of said Estate and that the Estate is not in debt, only to a small amount. He represents that he is desirous that there should be a partition of said Estate among the Heirs and that he have his portion of the same. He represents that the following persons are the only Heirs of said Estate beside himself viz. Esra Byrd and Sylva Curtis, residents of the Parish of Sabine, Manning Post Office, Catharine Haygood, resident of the Parish of Point Coupee in this State and Elizabeth Woodward, resident of the State of Mississippi. N. M. Bryan, Atty. Of Absent Heirs. That the property consisting of a negro and some small effects cannot be divided in kind and that a sale will be necessary to effect the same and that it would be most advantageous to all the heirs to sell the property on a credit of six or twelve months. Wherefore he prays your Honor to cause the said above recited heirs and attorney of Absentees to be cited that a partition of said Estate be ordered. That a sale take place in order to effect the same and for all such orders and further decrees as may be necessary and as in duty bound &c. Wm. J. Q. Baker, Atty. I acknowledge service on the above petition and consent to the conditions as above specified in my legal capacity. N. M. Bryan, Atty. For Absent Heirs State of Louisiana Parish of Union Let the prayer of the Petitioner be granted so far as the sale of the property and it is ordered, adjudged and decreed that the property be sold on a credit of twelve months for all sums over ten dollars under ten cash. Done and signed in Chambers on this 18th day of August AD 1843. John Taylor Probate Judge State of Louisiana Parish of Union Be it remembered that on this 13th day of October AD 1845 that I john Taylor, parish Judge and Ex Officio Judge of Probates and Auctioneer in and for the said Parish and State in pursuance of a decree of the Honorable the Court of Probates of said parish. I have at the house of John Byrd, the late residence of Nancy Byrd, Deceased proceed to offer for sale after the legal and lawful advertisements at three public places in said Parish from the 28th day of August AD 1845 all the property comprising the Estate and Succession of said decedent, condition of the sale, sums under ten dollars cash. All sums over ten dollars, a credit of twelve months persons giving notes with personal security and a mortgage on the real property whereupon after due proclamation the following persons became the highest and last bidders upon said conditions to wit: John Byrd bought at said sale one negro fellow Jake, Aged about 38 years of a dark complexion $665.00 1 lot of buckets and books 3.00 1 spider 09/2, one skillet 11 ½ / 2.56 ¼ 1 small sugar box ____.12 ½ $670.68 ¾ Banks Smith bought at said sale 1 lot crockery ware 12/, pr. dog irons 10/ 2.75 1 pr. pot hooks 2/, piece domestic 5/ .87 ½ 1 old trunk 6/6 ____.81 ¼ $ 4.43 ¾ Elisha Ward bought at said sale 1 bed mattress & furniture $ 14.50 J. V. Butler bought at said sale 2 tubs, chamber pot & water $2.00 1 wedge 7/, one sifter 2/, flask salt peter 3/ ___1.50 $3.50 W. G. Eubank bought at said sale 2 chairs 6/, two pots, 1 oven, 1 coffee pot 15/ 2.62 ½ 1 jug 2/6, 1 box 1/, 2 pillows 2/, 1 pot 2/ ____.93 ¾ $3.56 ¼ M. Bazemoore bought at said sale 1 coffee pot, 2 tin pans, 2 cups .87 ½ P. W. Lunsford bought at said sale 1 basket, vials, bottles and laudanum 1.12 ½ E Curtice bought at said sale 1 dress pattern ___1.00 $702.12 ½ John Taylor, Judge To the Honorable Judge of the Probate Court in and for the Parish of Union, State of Louisiana. The Petition of John Byrd, a resident of your said Parish and State and Administrator of the Estate of Nancy Byrd, Deceased with respect herewith presents a statement of the debts so far as has been presented or has come to his knowledge. Attorney’s fees for Administrator Baker $20.00 Funeral Expenses 7.00 Law Charges, Judges fee 25.00 Atty. For Absent Heirs (Bryan) 10.00 Ordinary Debts John Byrd’s Acpt. 16.50 2 ½ per cent for Administering Est. 17.52 Wherefore Petitioner prays that the same be all owed approved and homologated after legal advertisements and he be allowed to pay the same in due course of his administration and for all such orders as the nature of the case may require as in duty bound &c. John Byrd Admr., Est. Nancy Byrd By reason of the Law and evidence in this case and by further reason of there being no opposition filed the same having been advertised over ten days, it is ordered, adjudged and decreed that the same be approved and allowed. Done and signed in chambers this 8 March 1846. John Taylor Probate Judge Know all men by these presents that we John Byrd, a resident of the Parish of Union in the State of Louisiana, Zilpha Curtis a resident of the Parish of Sabine, Louisiana, Catharine Haygood, the wife of Charles Haygood being authorized by her said husband residents of the Parish of Point Coupee, La., Elizabeth Woodard, a resident of the State of Mississippi, all heirs and legal representatives of William Byrd and Nancy Courtney both deceased for the consideration of the love and affection for our Brother Ezra Bird who has a large family to support and is himself a cripple, have granted, given donated and quit claimed to the said Ezra Byrd, a resident of the Parish of Sabine, La, all our rights, titles and interest in and to a negro boy named Jake aged about 38 years the same which belonged to our Father William Byrd in his life time in the State of Mississippi and inventoried and sold as the property of Nancy Byrd, our mother in the Parish of Union, Louisiana and bought at said sale by John Byrd and we authorize said John Byrd to deliver said Negro to Ezra Byrd and will hold him harmless as Administrator of said Nancy Byrd’s Estate for so doing. To have and to hold to the said Ezra Byrd, his heirs and assigns all our right title and interest in and to the above described and have donated slave Jake to his and their only proper use benefit and behalf forever hereby intending to relinquish all title to said slave Jake whether as the property of William Byrd our father or Nancy Courtney his wife and our mother to and in favor of Ezra Byrd for the consideration as aforesaid only binding the said Ezra Byrd and imposing the condition on him of paying what charges may have accrued in the Parish of Union in administering said slave as the property of Nancy Courtney, alias Nancy Byrd, Decd. In full faith whereof we have hereto signed our names in presence of the undersigned witnesses this 16th day of November AD 1845. Daniel S. D. Moore John Byrd William J. Marler Zipha (her X mark) Curtis A. Brown Catharine (her X mark) Haywood A. D. Woodard Charles Haywood William J. Marler Elizabeth (her X mark) Woodard Horace Brown Witness to the signature of Elizabeth Woodard William J. Marler State of Louisiana Parish of Union Personally came and appeared before me undersigned authority William J. Marler who after being duly sworn according to Law deposeth and sayeth that he saw Zipha Curtis make her mark to the above instrument, also saw Catherine Haywood make her mark instrument, also Charles Haywood sign his name to the same, also Elizabeth Woodard make her mark to the same and John Byrd acknowledged the name of John Byrd signed to this instrument to be his signature. All the Heirs of Nancy Byrd and William Byrd all having this instrument read to them after which they all signed and delivered that same for the purpose therein contained sworn to and subscribed before me on this the 17th day of February AD 1846. John Taylor, Parish Judge William J. Marler To the Honorable Judge in and for the Parish of Union, State of Louisiana. The Administrator of the Estate of Nancy Byrd, Decd. with respect herewith presents an account of the funds on hand to pay all the existing debts against the Succession of Nancy Byrd to wit: Cash on hand derived from the sale of the effects comprising said succession $95.97 ½ Wherefore Petitioner prays he be here hence dismissed from the Administration of said Estate as soon as the formalities and advertisements takes place as all the debts against the succession are now paid off. It is unnecessary for him to be retained any longer in the Administration of said Estate, hence he prays to be dismissed as above prayed for. He prays for all orders to be issued that may be necessary as in duty bound and for general relief as in duty bound &c. John Byrd, Admr. Let the prayer of the Petitioner be granted. Done and signed in chambers on this 8 day of March AD 1846. John Taylor Probate Judge ############################################################# File at: http://files.usgwarchives.net/la/union/court/byrd-nancy-courtney.txt