1865 - 1867 Succession of Malcolm Calhoun, Decd., Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 11/2005 updated 5/2006 & 7/2006 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================== ================================================================================== Union Parish Louisiana Succession Book F, pp. 105 - 109 Union Parish Louisiana Succession Book F, pp. 378 - 381 Union Parish Louisiana Succession Book F, pp. 490 - 492 1865 - 1866 Succession of Malcomb Calhoun, Decd., Union Parish Louisiana ================================================================================== ================================================================================== NOTE: Malcolm Calhoun enlisted as a private in the "Stars of Equality" commanded by Captain Hillory Herbert Ham [Sr.] in the summer or early fall of 1861. This unit travelled from Union Parish to Camp Moore in southeastern Louisiana, where the it entered the Confederate service in December 1861 as Company E, 19th Regiment Louisiana Infantry. Calhoun's official date of enlistment was 11 December 1861. He was listed as present on the roll dated 31 December 1861, but not found on any other roll. In mid-January 1862, the 19th was sent to Chalmette just south of New Orleans, and in February, the men were sent north by rail to Corinth, Mississippi, where they joined in the attempt to confront General Grant's Yankee army marching south from Kentucky. The 19th fought gallantly at the Battle of Pittsburg Landing (Shiloh) on 6-7 April 1862, participating on the 7th in the repeated attacks on strong Yankee positions, known as the "Hornet's Nest". Calhoun probably perished in the early months of 1862, either at Camps Moore or Chalmette in Louisiana, Corinth, or perhaps on the Battlefield at Pittsburg Landing. ================================================================================== ================================================================================== Union Parish Louisiana Succession Book F, pp. 105 - 109 ================================================================================== ================================================================================== To the Honorable Judge of the 11th Judicial District Court in and for the Parish of Union, State of Louisiana. The petition of John Cox, a resident of your Parish respectfully represents that Malcomb Calhoun, late of same residence departed this life sometime during the year of 1862 intestate leaving four minor heirs and some property consisting of real and personal effects that as yet there has been no Administrator appointed to take charge of the Succession of the deceased. That petitioner is a brother in law of the Deceased and feels an interest in the matter. Wherefore, petitioner prays your honor, that William C. Smith, Parish Recorder and Ex Officio Notary Public for said parish be ordered to take an inventory of the effects belonging to the Estate of Malcomb Calhoun, Decd. and after due advertisement, petitioner be appointed Administrator of same upon giving bond according to law and for all other orders and decrees necessary in the premises and for general relief. R. W. Futch, Atty. State of Louisiana 11th District Court Parish of union It is ordered that the within application of John Cox to be appointed Administrator of the Estate of Malcomb Calhoun, Decd. be advertised according to law. It is further ordered that the Recorder of the parish of Union be and he is hereby authorized to make an inventory and appraisement of all the property belonging to the Estate and due return thereof make to this office. Done and signed in office on this 18th day of December AD 1865. Thos. C. Lewis Clerk, District Court State of Louisiana Parish of Union I do solemnly swear that I will faithfully and impartially appraise the property belonging to the Estate of Malcomb Calhoun, Decd. at its cash value to the best of my judgment. So help me God. Isaac Hinton A. J. (his X mark) Branon Sworn to and subscribed before me this the 5th day of January AD 1865. William C. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this the fifth day of January AD 1865 pursuant to an order from the Honorable 11th Judicial District Court and for said parish and to me William C. Smith, Recorder and Ex Officio Notary Public in and for said parish directed commanding me to make an inventory and appraisement of the property, rights and credits belonging to the Estate of Malcomb Calhoun, Decd. late of the Parish of Union and being assisted by Hinton and A. J. Branon, both male citizens of the parish of Union of lawful age who being duly appointed and sworn by me as appraisers proceeded to make said inventory at my office in the town of Farmerville as herein after set forth and as presented by John Cox. A tract of land situated in the Parish of Union containing 160 acres with the improvements thereon apprd. @ $1.75 per acre $270.00 1 cow and yearling apprd. @ 17.00 1 sheep apprd. @ 1.50 1 lot kitchen furniture apprd. @ 15.50 1 lot house furniture apprd. ! 45.26 1 lot tools, hand saw and drawing knife &c apprd. @ 11.50 1 double barrel shot gun apprd. @ 5.00 1 loom apprd. @ 8.00 1 side saddle apprd. @ 51.00 Promissory note on William J. Pugh for four dollars with 8% interest from January 22, 1861 less a credit of $2.00 October 1st 1861 2.00 Promissory note on Caroline Peterson for $60.00 due January 1st 1863 60.00 Promissory note on P. P. roach for $15.00 due January 1, 1861 less a credit of $3.00 October 15, 1860 12.00 Promissory note on John Cox for $31.50 due August 2, 1861 with 8% interest from date 31.50 Promissory note on John Cox for $6.70 due 15th January 1861 with 8% interest from date 6.70 On account against Mrs. Caroline Peterson for the rent of land belonging to said Estate for three years @ $50.00 a year making one hundred and fifty dollars __150.00 Aggregate Amount $640.90 This done and signed in my office in the Town of Farmerville in the presence of Thomas C. Lewis and James Mason witnesses of lawful age and do0micile who signed with said appraisers and me the Recorder this the 5th day of January AD 1866. Thos. C. Lewis Isaac Hinton James H. Mason A. J. (his X mark) Branon Thos. C. Smith, Recorder To the honorable the Judge of the 11th Judicial District Court in and for the Parish of Union, State of Louisiana. The petition of Isaac Hinton, a resident of the Parish aforesaid respectfully represents unto your honor Malcomb Calhoun late of same residence departed this life in the year 1862 leaving a small amount of property, real and personal, and several small children. That said Calhoun died intestate. That at sometime since one John Cox applied for letters of Administration of the Estate of said Calhoun, Decd, but has failed to give the necessary bond and become qualified. That an administrator is necessary. Wherefore, petitioner prays your honor that after due advertisement and all other legal delays your petitioner be appointed Administrator of the Estate of Malcomb Calhoun, Decd. upon giving bond according to law and for all other orders and decrees necessary in the premises and for general relief. R. W. Futch, Atty. State of Louisiana 11th Judicial District Court Parish of Union It is ordered and decreed that the above application of Isaac Hinton to be appointed Administrator of the Estate of Malcomb Calhoun, Decd. be advertised according to law. Done and signed in office on this the 25th day of January AD 1866. Thos. C. Lewis Clerk, District Court State of Louisiana 11th Judicial District Court Parish of Union I, Isaac Hinton, do solemnly swear that I will faithfully and impartially discharge all and singular the duties incumbent on me as Administrator of the Estate of Malcomb Calhoun, Decd. according to the best of my ability and understanding. So help me God. Isaac Hinton Sworn to and subscribed before me this 6th day of February AD 1866. Thos. C. Lewis Clerk, District Court State of Louisiana Parish of Union Know all men by these presents that we, Isaac Hinton, as principal and John Fentrell as his security are held and firmly bound unto the Honorable J. D. Watkins Judge of the 11th Judicial District Court in and for Union parish, La. in the just and full sum of Nine Hundred $900.00 Dollars to the true and faithful payment whereof well and truly to be made. We bind ourselves, our heirs, assigns and legal representatives firmly by these presents. Dated at Farmerville, La. this 6th day of February Ad 1866. The condition of the above obligation is such that whereas the said Isaac Hinton has been duly and legally appointed administrator of the Estate of Malcomb Calhoun, Decd. and he has taken the oath prescribed by law. Now therefore if said Isaac Hinton shall faithfully and impartially discharge all the duties incumbent on him as Administrator of said Estate and shall render to the Judge of said Court a true and correct account of all his acts and doings in and about said Estate and does render a correct account of all monies or other property received by him belonging to said Estate and shall whenever legally required so to do pay over all sums of money and deliver all the property in his possession belonging to said Estate to the proper person or persons to receive the same, then this obligation to be null and void. Otherwise to be and remain in full force and virtue against the principal and his securities. Done, signed and acknowledged before me this day and date above written. Thos. C. Lewis Isaac Hinton Clerk, District Court John (his X mark) Fentrell ================================================================================== ================================================================================== Union Parish Louisiana Succession Book F, pp. 378 - 381 ================================================================================== ================================================================================== To the Honorable Judge of the 11th District Court for Union Parish, Louisiana. The petition of John Cox, a resident of your Parish and State respectfully represents unto your honor that Malcom Calhoun, late of same residence, departed this life sometime since leaving four heirs to wit: Nancy J., Rutha M., John W. and David A. Calhoun and a small amount of property. Petitioner represents that the Mother of said minors died previously to the death of the Father and that it is necessary that a Tutor be appointed to the charge of said minors and manage for their interest of property. That petitioner now has said minors in his charge and will have to continue to take care of them, his being an uncle. Petitioner prays your honor that a family meeting be convoked for the purpose of deliberating upon the interest of said minors and recommending a suitable person to be appointed Tutor of them for all other orders and decrees necessary in the premises and for general relief. R. W. Futch, Atty. State of Louisiana 11th Judicial District Court Parish of Union The premises considered and by reason of the Law, it is hereby ordered that a Family Meeting be convoked by W. C. Smith, Parish Recorder for the Purpose of recommending a suitable person as Tutor and also Under Tutor to the minors of Malcom Calhoun, Decd. as prayed for in the within petition. Done and signed in office this 5th day of February AD 1867. J. W. Reid Clerk, District Court State of Louisiana Parish of Union I do solemnly swear that I will faithfully and impartially give my advice in recommending a Tutor and Under Tutor to be appointed for the minors Nancy Jane, Rutha M., John William and David A. Calhoun to the best of my judgment and understanding. So help me God. James K. (his X mark) Hammonds C. Lassiter William Whit John Cox Isaac Hinton Sworn to and subscribed before me this the 5th day of February AD 1867. W. C. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this the 5th day of February AD 1867 one thousand eight hundred and sixty seven pursuant to an order of the Honorable the 11th Judicial District Court in and for the Parish of Union, Louisiana and to me William C. Smith, Recorder & Ex Officio Notary Public in and for said parish and State directed authorizing me to convoke a family meeting at my office in the Town of Farmerville composed of the following persons to wit: John Cox, Isaac Hinton, William Whitt, James K. Hammond and Campbell Lassiter, male citizens of the Parish and State aforesaid of lawful age for the purpose of giving their advice as to the appointment of a Tutor and Under Tutor to the minors Nancy Jane, Rutha M., John W., and David A. Calhoun. I did proceed to convoke said family meeting said members being first duly sworn by me proceeded to take the subject matter under consideration and after mature deliberation they advised and recommend that John Cox be appointed Tutor and that Isaac Hinton be appointed Under Tutor of said minors Nancy Jane Calhoun, Rutha Matilda Calhoun, John William Calhoun and David A. Calhoun on complying with the law made in such cases made and provided in testimony whereof I have caused said members to sign this process verbal in presence of W. C. C. Smith and John Hammond, witnesses of lawful age and domicile who signs with said members and me Recorder on this the fifth day of February AD One thousand eight hundred and sixty seven. ATTEST W. C. C. Smith James K. (his X mark) Hammond John Hammond C. Lassiter W. C. Smith, Recorder William Whitt John Cox Isaac Hinton State of Louisiana 11th Judicial District Court Parish of union The premises considered and by reason of the advise of a family meeting duly convoked before W. C. Smith, Recorder &c, it is ordered, adjudged ad that John Cox be and he is hereby appointed Tutor to the minor heirs of the Estate of Malcom Calhoun and upon his given bond as the Law directs and it is further ordered that Isaac Hinton be and he is hereby appointed Under Tutor to the said minors. Done and signed in office this 7th day of March AD 1867. J. W. Reid, Clerk, District Court To the Honorable Judge of the 11th Judicial District Court for Union Parish, Louisiana. The petition of John Cox a resident of your Parish and State respectfully represents that pursuant to an order from your Honorable court a family meeting has been held before W. C. Smith, Parish Recorder and Ex Officio Notary Public for the purpose of recommending a suitable person to be appointed tutor and Under Tutor to the minor heirs of Malcom Calhoun, Decd. to wit Nancy J., Rutha M., John W., and David A. Calhoun. That said family meeting recommended Petitioner as Tutor, [blank] as Under Tutor as is evidenced by a copy of the proceedings of said family meeting hereto annexed as evidence &c. wherefore Petitioner prays your honor that the proceedings of said family meeting be homologated in all the parts and that a Tutor be duly appointed to said minors upon his giving bond according to Law and for all other orders necessary in the premises and for general relief. R. W. Futch, Atty. State of Louisiana 11th Judicial District Court Parish of Union By reason of the Law and evidence in this case it is ordered, adjudged and decreed that the proceedings of the family meeting convoked before W. C. Smith, Recorder &c in the matter of the Tutorship of the minor heirs of the Estate of Malcom Calhoun, Decd. be allowed, approved and homologated in all its parts according to Law. Done and signed in office this 5th day of February AD 1867. J. W. Reid Clerk, District Court To the Honorable Judge of the 11th District Court in and for the Parish of Union, State of Louisiana. The petition of Isaac Hinton Administrator of the Estate of Malcom Calhoun, Decd. and a resident of your Parish and State respectfully represents unto your honor that the property belonging to the succession of said Malcom Calhoun, Decd. consists of both real and personal property and that although the Estate is not much in debt, it is to the interest of said Estate that the whole of the property be sold as it is liable to waste and is besides expensive and of no use to anyone in its present condition. Wherefore, your petitioner prays that your Honor for an order of sale authorizing your petitioner as Administrator to sell of said property the personal property for cash and the real property one half for cash and the other half on credit of twelve months after legal advertisement &c and for all other orders and decrees necessary in the premises and for general relief. R. W. Futch, Atty. State of Louisiana 11th Judicial District Court Parish of Union The premises considered, it is ordered and decreed that the prayer of the within and foregoing petition be granted and that all the property both real and personal belonging to the Estate of Malcom Calhoun, Decd. be sold in accordance with Articles 990, 991, and 992 of the Code of Practice. It is further ordered that Isaac Hinton the Administrator of the said Estate be and he is hereby authorized to make said sale and due return thereof make according to law. J. W. Reid Clerk, District Court A true record, May 10th 1867. J. W. Reid, Clerk ================================================================================== ================================================================================== Union Parish Louisiana Succession Book F, pp. 490 - 492 ================================================================================== ================================================================================== State of Louisiana Parish of Union Be it remembered that I Isaac Hinton, Administrator of the Succession of Malcom Calhoun, Decd. did on this 1st day of December AD 1866 in pursuance to an order from the 11th District Court for Union Parish offer for sale at the late residence of Malcom Calhoun, Decd. at public auction to the last and highest bidder after having advertised the same in the Union Record for more than thirty days all the property belonging to the Estate of said Malcom Calhoun, Decd. the personal property for cash and the real property one half for cash and the other half on a credit of 12 months whereupon the following named persons became the purchasers as set forth below: 1. Mathew Patterson, 1 cow & calf 6.00 2. Jno. Cox, 1 sheep 5.50 3. J. K. Hammons, 1 shovel .96 4. Jno. Futrel, 1 bedstead 1.90 5. Jno. Cox, 1 bedstead .50 6. William Hataway, [unreadable] 2.25 7. Jno. Cox, 1 shot gun 1.00 8. Mathew Patterson, 1 side saddle 6.50 9. William Hataway, 1 pair steelyards 1.10 10. John Cox, 1 pair gear 2.50 11. William Hataway, 3 augers .60 12. Jno. Cox, 1 drawing knife .25 13. Jno. Cox, 1 pair pot hooks .40 14. Wiley Futrel, 1 skillet .70 15. James R. Patterson, 1 skillet .50 16. Nancy Cox, 1 large pot 7.00 17. Jno. Carter, 1 large oven ____.50 $ 21.16 18. Jno. Carter, 1 boiler .25 19. Nathan Paterson, 1 loom 5.50 20. Nathan Paterson, 1 tray .60 21. Caroline Paterson, 1 flat iron .30 22. Jno. Cox, 1 flat iron .40 23. James R. Paterson, 1 tin pan .20 24. Wiley Futrel, 1 desk .10 25. Jno. Carter, 3 knives and 2 forks .10 26. Jno. Cox, 6 plates .50 27. Mary Cox, 1 dish 2.80 28. Mary Cox, 5 plates .15 29. Jno. Cox, 2 bolls .05 30. Nancy Cox, 1 small desk .15 31. Jno. Cox, 5 chairs 5.25 32. Nancy Cox, 3 chairs 1.80 33. M. Cox, 1 bed & 10 quilts 79.00 34. M. Cox, 1 slate .10 35. M. Cox, 1 book 1.25 36. J. F. Hammons, 3 books .30 37. Mathew Patterson, 1 beef hive 1.05 38. Jno. Cox, 1 yearling 4.95 One hundred and sixty acres of land described as follows @ $2 per acre [blank] Now therefore the above mentioned purchasers having complied with the terms of sale, I, Isaac Hinton, administrator as aforesaid do by these presents sell, transfer and deliver unto said purchasers respecting the above described property with all the rights and titles vested in said Estate. In testimony whereof I hereto sign my name officially in the presence of F. P. Cooper and R. W. Futch lawful witnesses on this the day and date above written. ATTEST: F. P. Cooper Isaac Hinton R. W. Futch A true record, May 20th 1867. Jas. T. Stokes Dept. Clerk ###########################################################