1872 Succession of William H. Culbertson, Deceased, of Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 11/2007 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================== ================================================================================== 1872 Succession of William H. Culbertson, Deceased, of Union Parish Louisiana Union Parish Louisiana Succession Book G, pp. 500 - 504 ================================================================================== ================================================================================== NOTE: Elisha H. Baker was a Union Parish physician. Baker was born about 1840 in Georgia. In 1870, he lived in Ward 3, probably in Cherry Ridge, in the household of Dr. William Cleaton Carr. ================================================================================== ================================================================================== Estate of William H. Culbertson, Decd. To the Honorable the Judge of the Parish Court of Union Parish, State of Louisiana. The petition of Simpson W. Ramsey, a resident of your Parish and State aforesaid respectfully shows on or about the 16th day of November 1872, Wm. H. Culbertson departed this life at his residence in the parish of Union aforesaid leaving an olographic will or Testament and continuing your petitioner his testamentary Executor. He herewith presents the said will and prays that he same may be duly probated and ordered to be executed. Petitioner further prays that he be recognized as Testamentary Executor of said will and that letters testamentary issue to him accordingly and that an Inventory and Appraisement of said Estate be made according to law and that the will be registered and executed and a day and hour being fixed for the probating of said will. That the heirs presumptive of said deceased be notified in writing so that they may if they chose be present for all further orders and decrees necessary in the premises and for general relief &c said will accompanies this petition. Barrett & Trimble Attys. for Petitioner [NOTE: Olographic Will -- In Spanish, the term holografo or holograph means an instrument written entirely in the handwriting of the person executing it. The term holographic will is still used in other states. During the transition from Europe to Louisiana, the term lost the "H" and has taken on the spelling of "olographic" in Louisiana parlance. In any regard, an olographic will is one that is entirely written, dated and signed by the testator in his own hand. There is no other requirement for form, notary or witnesses and it may be made anywhere, even out of state.] Premises considered, it is ordered that Saturday the 30th day of November 1872 at 11 O’clock at the Clerk’s office in the town of Farmerville be fixed as the time and place for the probation of the will of W. H. Culbertson, deceased and that the parties interested be duly notified thereof. Done and signed in chambers this the 25th day of November 1872. T. B. Tompkins Parish Judge State of Louisiana Parish of Union I, William H. Culbertson, being aware of the uncertainty of live and being blessed with sound mind for the purpose of making such disposition of my Estate as seems best, do make and publish this my last Will and Testament in manner and for following to wit: FIRST, I desire and it is my wish that all my just debts should be discharged with as little delay as possible. SECOND, I give and bequeath unto my beloved wife Mary Culbertson the use of my Home place in said Parish of Union, State aforesaid on which I am now residing during her life or widowhood and at the expiration of said usufruct I give and bequeath the said Home place in full property to my daughter Willie A. Culbertson or her descendants giving only nude property thereof to the said Willie A. Culbertson before the expiration of said usufruct. [NOTE: Usufruct is the legal right to use and derive profit or benefit from property that belongs to another person, as long as the property is not damaged.] THIRDLY, I give and bequeath unto my wife Mary Culbertson and my daughter Willie A. Culbertson each one half of all my money and one half interest in the proceeds of all notes of which I may be the holder or owner at the time of my death and all amounts due me on accounts or otherwise, I also give and bequeath unto my daughter Willie A. Culbertson one half of all the lands I have or may own at the time of my death except the Home place herein before disposed of. LASTLY, I give and bequeath unto my beloved wife Mary Culbertson and my said daughter Willie A. Culbertson each one half of the moveable property I may have at my death such as stock, farming utensils, household furniture, etc. I hereby appoint Simpson W. Ramsey, a resident of said Parish of Union, my Executor of this my Will and Testament in witness whereof I have ex***y written, dated and signed this my will with my own hand this the 16th day of May AD 1872. State of Louisiana W. H. Culbertson Succession of W. H. Culbertson, Decd. Be it remembered that on the 30th day of November 1872 in pursuance of an order fixing this day and date for the Probation of the Will and Testament of W. H. Culbertson, deceased said order being dated 25th day of November 1872, the parties interested having been duly notified hereof. I the undersigned Parish Judge having summoned the witnesses hereinafter mentioned took their deposition in the manner prescribed by law. W. J. Rumey, Esq. being duly sworn by me deposed and says I was acquainted with W. H. Culbertson, deceased. He died on the morning of the 17th of November 1872. I am well acquainted with his handwriting and signature, have seen him write it often having often had business transactions with him, have his signature on a number of business papers. The Will and Testament now before me, I recognize as being written dated and signed in the handwriting of said W. H. Culbertson, deceased. The following Testimony of W. J. Rumey was signed by him in my presence after it was read over to him. T. B. Tompkins Parish Judge D. Arent sworn by me deposes and says I was acquainted with W. H. Culbertson, have often seen him write and sign his name. The Will now before the Court is written, dated and signed in the handwriting of said W. H. Culbertson now deceased. I am a merchant by calling in this place, Farmerville, have know the deceased since 1850 and have often had business transactions with him and have seen him often sign his name. D. Arent D. Stein, sworn by me deposes and says, I was acquainted with W. H. Culbertson, deceased. I recognize the Will now before the Court as being in the handwriting of W. H. Culbertson, deceased and signed in his ordinary signature. I am a merchant in this place, Farmerville, and often had business transactions with said deceased and am familiar with his handwriting and signature. D. Stein This witness D. Stein signed his testimony in my presence after I had read it over to him. T. B. Tompkins Parish Judge By reason of the law and evidence adduced in the matter of the probate of the Will of W. H. Culbertson, deceased, it is ordered, adjudged and decreed that said Will and Testament be executed and received and that in pursuance of the provisions of said Will, Simpson W. Ramsey is hereby recognized and decreed as the Executor of said Will of W. H. Culbertson and that letters testamentary do issue to him upon his taking the oath required by law and it is further ordered that the original will be deposited in the office of the Parish Court. Done and signed in Chambers this the 30th day of November 1872. T. B. Tompkins Parish Judge Process Verbal 1st, the Will and Testament of W. H. Culbertson was opened by me and read and the proof made by the witness giving their testimony visa voce and reduced to writing by me. The witnesses being first duly sworn and the testimony of each witness being distinctly read over to him after which it was signed by the witnesses. 2nd, the names of the witnesses are as follows: Daniel Stein, David Arent and William J. Rumey. 3rd, the will was then read over to them and others present in an audible distinct voice by me the undersigned Judge. 4th, thereupon I write and sign the order commanding and decreeing the will to be executor and recorded after having signed it in variation as the beginning and end of each page over my official signature. This done and signed on this 3rd day of November 1872. T. B. Tompkins Parish Judge State of Louisiana Parish Court Parish of Union I, Simpson W. Ramsey, do solemnly swear that I will faithfully and impartially discharge all the duties incumbent on me as Testamentary Executor of the Estate of William H. Culbertson, deceased according to the best of my ability and understanding. So help me God. S. W. Ramsey Sworn to and subscribed before me this 2nd day of December AD 1872. J. W. Reid Clerk, District Court State of Louisiana Parish Court Parish of Union Whereas Simpson W. Ramsey has been duly and legally appointed and confirmed as Testamentary Executor of the Estate of William H. Culbertson, deceased, and he has taken the oath required by law. Now therefore the said Simpson W. Ramsey is hereby authorized and empowered to do and perform all and singular the duties appertaining to said appointment according to law. Given under my hand and seal of office this 2nd day of December AD 1872. J. W. Reid Clerk, District Court A true record, December 2nd 1872. J. W. Reid Clerk, District Court It is further ordered that W. C. Smith, Recorder and Ex Officio Notary Public be and is ordered to make an Inventory of the property of the Succession of W. H. Culbertson, Decd. and due return thereof make to this office. Done and signed in chambers this 3rd day of November 1872. T. B. Tompkins Parish Judge A true record, December 2nd 1872. J. W. Reid Clerk, District Court ################################################################# File at: http://files.usgwarchives.net/la/union/court/culbertson-wh.txt