1846 - 1848 Succession of Benjamin E. Davis, Deceased, Union Parish Louisiana Submitted by: Shawn Martin Date of Submission: January 2009 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= ================================================================================= 1846 - 1848 Succession of Benjamin E. Davis, Deceased, Union Parish Louisiana Union Parish Louisiana Succession Book A, pp. 169 – 244 ================================================================================= ================================================================================= NOTE: Benjamin E. Davis lived in eastern Union Parish, about six miles east of the Ouachita River and six miles southwest of Alabama Landing. Based upon appears that he operated the property listed in his inventory, it appears that he operated a store. His succession lists accounts for numerous area citizens. ================================================================================= ================================================================================= To the Honorable the Judge of the 12th Judicial District in and for the Parish of Union & State of Louisiana. The petition of Malinda Kelly, resident of said Parish, late the wife of Benjamin E. Davis, who departed this life at his residence in said parish about the 26th day of June 1846 leaving a large Estate consisting of property real and personal, rights, credits &c. And the following persons interested therein to wit: Your petitioner interested in marriage community and two children issue of their marriage viz. Walter Alvis & John Kelly Davis, both minors & the following children issue of previous marriage of said Benjamin E. Davis, viz. Benjamin Franklin, William Owen, Thomas Jefferson, Francis Marion, Christopher Columbus & Augustus Romalus Davis all minors. she prays your honor to cause an inventory & appraisement of the property composing said Estate, after which you appoint Benjamin Richard Harrison or John Hill to Administer the same according to Law. That you confirm her as Natural Tutrix to her said two children and appoint an Under Tutor for them. That you cause a family meeting to be convened comprised of the friends of the family, there being no relatives of the minors present to deliberate and advise in relation to the choice of a Tutor and Under Tutor to the said minor heirs of Decd. by previous marriages above named upon whose advice that you make the appointment of Tutor & Under Tutor that you make all such other & further orders & decrees in the premises as may be necessary to afford general relief & as in duty bound &c. McGuire & Ray, Atty. The State of Louisiana 12th Judicial District Court Parish of Union Let an Inventory & Appraisement be made of the property composing the within Estate as prayed for within by a Notary Public or Justice of the Peace for said parish and further let a family meeting be convened before the same officer composed of Samuel Traylor, John Traylor, John Smith, William Thompson, Liberty K. Thomas, John C. Kelly, Samuel Farrar, friends there being no relations to deliberate and give their advice in relation to the appointment of Tutor and Under Tutor as prayed for according to Law. August 25th 1846 Thos. VanHook, Clerk State of Louisiana 12th Judicial District Court Parish of Union Let Thos. VanHook, a Notary Public in and for said Parish be appointed to make an inventory and appraisement of the Estate of Benjamin E. Davis, deceased and to convene a family meeting composed by the person named in order to meet at the store of the Decd. on the 25th August instant. Done and signed on the 25th August AD 1846. Thos. VanHook, Clerk State of Louisiana Parish of Union Be it remembered that on this the 25th day of August AD 1846 in person to an order of the Hon. the 12th District Court in and for the said parish and State to me directed, I have caused Samuel Traylor, John Smith, John C. Kelly, William Thompson, John Traylor, Samuel B. Farrow, and L. K. Thomas, friends of the family uncle to the minors with Malinda Kelly (alias David) all minors of Benjamin e. Davis, Deceased. By consent met at Davis Store near the residence of deceased in said Parish to advise and recommend who shall be appointed administrator to said Estate and who shall Tutor and Under Tutor to the minors of Benjamin E. Davis, Decd to wit: Benjamin F., William O., Thomas J., Frances Marion, Christopher C., Augustus R. the issue of his marriage with Matilda Holladay and Walter Alciam, John Kelly, issue of his last marriage with Malinda Kelly and after due deliberation and mature reflection do advise and recommend that L. J. Larkin be appointed Tutor and that Lewis Lanear be appointed Under Tutor to the said minors by the first marriage and that Matilda Davis (alias Kelly) be appointed to Tutor to her children and John C. Kelly be appointed Under Tutor to the minors by the last marriage. And after being duly sworn by me the said Notary agree as above and we further recommend that the personal Estate be sold on a credit until the first day of March 1847 with notes and good security with 8 percent interest from due. And that the real Estate land & negroes be sold on a credit until the 1st January 1848 and the land be sold on one two and three years credit with notes & security and mortgage on the property and that John Hill be appointed administrator. in faith whereof we have signed our names in presence of the undersigned witnesses and me notary public in and for the said Parish on this the 25th day of August AD 1846. S. L. Findley Jno. Traylor John Hill Liberty K. Thomas S. N. Farrow William Thompson John C. Kelly Saml. Traylor John Smith State of Louisiana Parish of Union We do solemnly swear that we will to the best of our knowledge and belief, advise and recommend who should e appointed Tutor and Under Tutor to the minor children of Benjamin E. Davis and his first wife Matilda Holladay and his last wife Matilda Kelly. So help us God. John Smith William Thompson S. B. Farrow Liberty K. Thomas Saml. Traylor John C. Kelly John Traylor Sworn and subscribed before me the 25th day of August AD 1846. Thos. VanHook Notary Public State of Louisiana 12th District Court Parish of union I, Thos. VanHook, Clerk of the said Court in and for the said Parish do hereby approve, confirm and homologate the report of the family meeting herein made and in accordance therewith do appoint John Hill, Administrator of the Estate of Benjamin E. Davis, Deceased and appoint the persons named in the said report as Tutor and Under Tutors to the minors of said Deceased. Done and signed on this the 26th day of August AD 1846. Thos. VanHook, Clerk State of Louisiana 12th District Court Parish of Union Know all men by these presence that we John Hill as principal and John Taylor and James M. Powell, his securities are held and firmly bound unto George W. Copley, Judge of the Twelfth Judicial Court in and for said state and holding session in and for said Parish of Union for the time being and his successors in office in the sum of Eighteen Thousand seven hundred and eighty two dollars lawful money of the United State which we promise to pay him on his successors in office and for the true and faithful performance and of which in bind ourselves each and severally and in solido, our heirs, administrators, Executors and assigns firmly by these presents renouncing all the benefits of Division or discussion of every nature whatsoever signed and acknowledged on this the 27th day of August AD 1846. The condition of the above obligation is such that whereas the above Bounden John Hill has been appointed by the Clerk of the said Court administrator of the Estate of Benjamin E. Davis, Deceased. Not if the said John Hill does well and truly according to law administer the said Estate and further does make and render a true just and perfect account of his actions and doings when thereunto lawfully required either by the aforesaid Judge or his successors in office or by the Heirs of the said Deceased or their lawful representatives or by the duly appointed executor or Executors of the last will and testament of the said Deceased should it hereafter appear that any such will or testament was by the said decedent made then this obligation is to be void or else to be and remain in full force and effect. In witness whereof we have hereunto signed our names on the day and year above written in presence of Thos. Van Hook John Hill John Taylor James M. Powell State of Louisiana 12th District Court Parish of Union Whereas John Hill has been appointed Administrator of the Estate of Benjamin E. Davis, Deceased and having given bond and security and taken the oath prescribed by law. Now therefore he is hereby authorized and fully empowered to discharge and perform all and singular the duties appertaining to said appointment according to law. In testimony whereof, I have here signed my name and affixed the seal of Court on this the 27th day of August AD 1846. Thos. VanHook, Clerk State of Louisiana 12th District Court Parish of Union I do solemnly swear that I will impartially all and singular the duties incumbent on me as Administrator of the Estate of Benjamin E. Davis, deceased to the best of my ability and understanding. So help me God. John Hill Sworn to and subscribed before me the 27th of August 1846. Thos. VanHook, Clk. State of Louisiana Parish of Union We do hereby solemnly swear that we will appraise the property belonging to the Estate of Benjamin E. Davis, deceased that may come to our knowledge to the best of our abilities. So help us God. John Hill Saml. Traylor Sworn to and subscribed before me on this the 25th day of August AD 1846. Thos. VanHook Notary Public State of Louisiana Parish of Union Be it remembered that on this the 25th day of August AD 1846. That I Thomas VanHook, Notary Public in and for said Parish and State, in pursuance of an order to me directed from the 12th District Court of the Parish of Union and for the purpose of making an inventory and appraisement of Benjamin E. Davis, deceased Estate. I have repaired to the residence of said deceased and for the purpose aforesaid, I have appointed John Hill and Samuel Traylor, residents and free holders of said Parish appraisers to appraise all the property comprising said decedents Estate and who after being with and duly sworn by me the said Notary will and truly to do and perform all and singular the matters and things herein according to Law have proceeded as follows together with me the said Notary and undersigned witnesses and parties to wit to examine and adopt the inventory and appraisement made by John Taylor and the said appraisers. Inventory Appraisement 7 pc 4/4 white cotton 214 ½ yd. ac 16 $34.52 1 ¾ white cotton 27 yd ac 7 ½ 2.02 ½ 1 Cotton diaper 32 ½ yd ac 10 3.25 4 White cotton 119 ¾ yd ac 15 17.95 ¾ 2 White cotton 66 ¾ yd ac 10 6.67 ½ 2 White cotton 69 yd ac 12 ½ 8.62 ½ 1 Tabby velvet 13 1/8 yd ac 35 ½ 4.87 ½ 2 Cotton 63 yd ac 13 8.19 1 Orleans cloth 30 yd ac 41 12.50 1 Black alpaca 29 ½ yd ac 57 17.81 ½ 2 Irish linen 21 ¼ yd ac 47 ½ 10.21 ½ 1 Irish linen 6 3/8 yd ac 54 3.42 3 Apron check 167 ¾ yd ac 15 25.15 ¾ 1 Apron check 59 ½ yd ac 12 ½ 7.14 1 Apron check 55 ¾ yd ac 11 5.63 ¾ 1 Apron check 12 ½ yd ac 12 ½ 1.56 ¼ 1 Black cambric 18 yd ac 9 ½ 1.71 1 Black cambric 29 1/8 yd ac 15 3.37 1 Black cambric 27 ¼ yd ac 9 ¼ 2.57 1 Black cambric 35 ¼ yd ac 15 5.32 ½ 2 Furniture prints 71 ¾ yd ac 12 ½ 8.96 3 Common 107 yd ac 8 ½ 9.09 ½ Lot 1, 1 Common print 24 yd ac 14 3.36 Lot 2, 1 Common print 25 yd ac 14 3.50 Lot 3, 1 Common print 32 ¾ yd ac 14 4.52 Lot 4, 1 Common print 24 ¾ yd ac 16 ½ 4.88 ½ Lot 5, 1 Common print 32 ½ yd ac 14 ½ 4.71 ¼ Lot 6, 1 Common print 23 yd ac 17 3.91 Lot 7, 1 Common print 9 ¼ yd ac 17 1.55 Lot 8, 1 Common print 10 yd ac 12 ½ 1.37 Lot 9, 1 Common print 31 ¾ yd ac 14 ½ 4.59 ¾ Lot 10, 1 Pink cambric 34 ¼ yd ac 14 4.83 Lot 11, 5 Blue prints 80 ¼ yd ac 15 12.07 ½ Lot 12, 2 Blue prints 56 ¾ yd ac 15 8.57 ¾ Lot 13, 1 Blue prints 7 ¼ yd ac 12 ¾ .94 Lot 14, 2 Blue buff 29 yd ac 16 1/3 13.03 ½ Lot 15, 2 Blue buff 56 yd ac 24 7.82 Lot 16, 1 Pink buff 32 ¾ yd ac 18 5.89 Lot 17, 3 Pink buff 101 ¼ yd ac 15 __15.19 $299.17 Lot 18, 3 pc. Prints 95 ¾ yd ac 15 ½ 14.83 ¼ Lot 19, 3 pc. Prints 95 yd ac 15 14.25 Lot 20, 1 pc. Prints 8 yd ac 15 ¼ 1.24 Lot 21, 1 pc. Prints 34 yd @ 16 5.44 Lot 22, 2 pc. Prints 21 ½ yd @ 16 ½ 3.55 Lot 23, 3 pc. Prints 55 ¾ yd @ 17 9.18 ¾ Lot 24, 1 pc. Prints 33 yd @ 18 5.94 Lot 25, 3 pc. Prints 100 ½ yd @ 15 15.07 ½ Lot 26, 1 pc. Prints 33 yd @ 15 4.95 Lot 27, 1 pc. Prints 35 ¼ yd @ 12 ½ 4.50 Lot 28, 1 pc. Prints 33 ½ yd @ 13 ½ 4.52 ½ Lot 29, 3 pc. Prints 71 yd @ 19 13.49 Lot 30, 3 pc. Prints 72 ½ yd @ 15 ½ 11.24 Lot 31, 1 pc. Prints 33 ½ yd @ 12 ½ 4.18 ¾ Lot 32, 2 pc. Prints 42 ¾ yd @ 15 6.41 ¾ Lot 33, 1 pc. Prints 33 ¾ yd @ 16 ½ 5.87 ½ Lot 34, 1 pc. Prints 21 yd @ 15 ½ 3.25 ½ Lot 35, 3 pc. Prints 61 yd @ 24 14.64 Lot 36, 1 Plaid gingham 36 yd @ 24 8.64 Lot 37, 2 fancy French muslin 58 1/8 yd @ 43 22.84 ½ Lot 38, 2 pc. ticking 13 ¾ yd @ 15 .76 Lot 39, 2 pc. ticking 70 ½ yd @ 14 ½ 10.22 ½ Lot 40, 1 Brown linen 20 yd @ 26 5.20 Lot 41, 3 Gross Mahkin $1.33 ½ pc 4.00 Lot 42, 3 musquito nettings yd @ 90 2.70 Lot 43, 5 colourd nettings yd @ 95 4.75 Lot 44, 3 Cash plaid handkerchief 22 yd @ 25 5.50 Lot 45, 3 Cash plaid handkerchief 27 yd @ 12 ½ 3.37 ½ Lot 46, 1 2nd mourning 8 yd @ 27 2.16 Lot 47, 1 flag cotton 12 yd @ 12 ½ 1.50 Lot 48, 10 flag cotton 48 yd @ 8 3.84 Lot 49, Blue ramale 7 yd @ 15 1.05 Lot 50, 1 pc. plaid cravat 2 @ .75 Lot 51, 2 checked cravat 8 yd @ 24 __2.72 $521.77 ¾ The following inventory amounting to the sum of five hundred and twenty one dollars and seventy seven and ¾ cents $521.77 ¾. In testimony whereof we the undersigned appraisers have hereunto assigned our names on the day and year above written with said Judge and undersigned witnesses. Witnesses: B. R. Harrison Saml. Traylor J. P. Kelly John Hill John Taylor Parish Judge State of Louisiana Parish of Union Be it remembered that on this the 7th day of July AD 1844 that I, John Taylor, Parish Judge & Ex Officio Notary Public in and for said parish and State and we the said appraisers have proceeded as follows to wit: Inventory Appraisement Lot 52, 1 pc. Jackonet cotton 12 yd @ 41 4.92 Lot 53, 1 pc. Jackonet cotton 7 yd @ 23 2.24 Lot 54, 1 pc. White bobbinet cotton 4 yd @ 53 2.12 Lot 55, 1 pc. Black bobbinet cotton 2 3/8 yd @ 90 7.95 ¾ Lot 56, 1 pc. Green Bias cotton 1 ¾ yd @ 53 .92 ¾ Lot 57, 1 pc. Green bias cotton 3 ¼ yard @ 41 1.43 ½ Lot 58, 1 doz. beggars lace 1.80 Lot 59, 1 pc. Black bobbinet 39 yd @ 2 ½ .87 ½ Lot 60, 1 pc. White lace 15 ½ yd @ 9 ½ 1.37 ½ Lot 61, 1 pc. White lace 10 ¼ yd @ 8 .60 Lot 62, 1 pc. White lace 7 ½ yd @ 8 .92 ¼ Lot 63, 1 pc. box edging 19 pc. @ 19 3.61 Lot 64, 1 pc. box edging 16 ½ yd. @ 15 2.47 ½ Lot 65, 11 Common Linen Handkerchiefs @ 30 3.30 Lot 66, 11 Fancy linen handkerchiefs @ 34 3.74 Lot 67, 6 Black silk cravats @ 1.33 ½ 7.99 Lot 68, 6 Black silk cravats @ .90 5.10 Lot 69, 7 Black silk cravats @ .79 5.53 Lot 70, 6 Cotton handkerchiefs @ .12 ½ .75 Lot 71, 2 pc. silk 5/7 @ .67 3.25 Lot 72, 1 pc. silk 5 yd. @ .59 2.95 Lot 73, 2 pc. silk 3 yd. @ .67 2.20 Lot 74, 12 Linen handkerchiefs @ .30 3.60 Lot 75, 6 worsted net sholls @ .90 5.40 Lot 76, 9 pr. Elastic suspenders @ .45 4.05 Lot 77, 22 pc. braces 30 yd. @ 6.30 Lot 78, 5 pc. braces [blank] Lot 79, 5 pr. net braces 19 yd. @ .95 Lot 80, 12 pr. net braces 11 ½ yd. @ 1.98 Lot 81, 9 pc. Plaid cravats @ .25 2.25 Lot 82, 11 pc. Plaid cravats @ .42 4.62 Lot 83, 12 Worsted confaters @ .44 5.28 Lot 84, 1 qt gross Black bone buttons 2.38 ½ Lot 85, 57/12 Pearl buttons @ .82 ½ 4.20 Lot 86, 4 gross Agatha Buttons @.30 1.20 Lot 87, 2 3/12 Brown pant buttons @ .15 .34 Lot 88, 5 1/12 Tin buttons @ .15 .87 Lot 89, 6 3/12 doz. White bone buttons @ .18 1.12 Lot 90, 8 2/12 Shirt buttons @ .12 .98 ½ Lot 91, 3 1/12 Lasting buttons @ .90 3.53 ½ Lot 92, 4 Spool Cotton @ .47 1.88 Lot 93, 8 Spool Cotton @ .36 2.88 Lot 94, 5 2/12 Spools Cotton @ .15 .86 ¼ Lot 95, 1 1/12 Spools Cotton @ .36 .48 Lot 96, 2 bunch of colored thread @ .90 1.80 Lot 97, 5/8 black flax @ 1.07 .66 ½ Lot 98 5/8 White flax @ .60 .37 ½ Lot 99, 2 Black flax @ .90 1.80 Lot 100, 2/8 sewing silk @ 10.75 4.03 Lot 101, 2 doz. solid head pins @ .82 ½ 1.65 Lot 102, 6 papers @ .06 ¼ ____.37 ½ $128.45 3/4 Lot 103, 2 4/12 doz. hooks & eyes @ 32 .77 Lot 104, 4 ½ doz. white ½ hose @ $2.98 13.21 Lot 105, ½ doz. colored hose @ 3.26 1.63 Lot 106, 11/12 doz. colored hose @ 3.56 3.26 Lot 107, 2 8/12 doz. colored hose @ 2.07 5.62 Lot 108, 8 1/12 doz. black hose @ 2.37 ½ 1.58 Lot 109, 5/12 doz. white ½ hose @ 2.96 1.23 Lot 110, 7/12 doz. mixed hose @ 2.37 ½ 1.28 ¼ Lot 111, 7 pr. white bolen gloves @ .15 1.05 Lot 112, 8 cold lile @ .30 2.40 Lot 113, 10 Ladies cot @ .20 2.00 Lot 114, 7 bunch artificial @ .10 .70 Lot 115, 3 pc. bonnet ribbon, 34 yd. @ .20 6.80 Lot 116, 3 pc. bonnet ribbon, 36 yd. @ .17 6.12 Lot 117, 4 pc. bonnet ribbon, 38 5/8 yd. @ .15 4.79 Lot 118, 6 pc. black taffa @ .25 1.50 Lot 119, 10 pc. colored taffa @ .24 2.40 Lot 120, 3 2/3 pc. colored taffa @ .41 1.50 Lot 121, 2 ½ pc. colored taffa @ .90 2.25 Lot 122, 2 pc. cololored taffa @ 1.48 2.96 Lot 123, 2 pc. black taffa @ .24 .48 Lot 124, 1 1/3 pc. black taffa @ .36 .48 Lot 125, 4 pc. black taffa @ .53 2.12 Lot 126, 2 ¾ pc. black taffa @ 1.47 1.04 ½ Lot 127, 1 pc. black taffa @ 1.57 1.57 Lot 128, 1 lot black taffa .25 Lot 129, 8 doz. white @ .15 1.20 Lot 130, 2 Parasols @ 1.78 3.56 Lot 131, 1 Ream cap. paper 2.96 Lot 132, 3 1/8 Ream Ruled paper @ 4.00 12.50 Lot 133, ½ Ream letter paper @ 3.56 ¼ 1.78 Lot 134, 9/24 Ream letter paper @ .70 Lot 135, ½ Ream letter paper @ 3.00 1.50 Lot 136, ½ Ream letter paper @ 2.07 1.03 ½ Lot 137, ½ Ream letter paper @ 2.07 ____1.03 ½ $226.92 ¼ Lot 138, 3 coffee mills @ .34 1.02 1 brokes @ .12 ½ .12 ½ Lot 138, 6 brokes @ .54 3.24 5 bags buck shot @ 2.00 10.00 2 bags drop shot @ 1.62 ½ 3.25 Lot 1, 9 pr. women kip ties @ .75 6.75 Lot 2, 27 pr. kip brogans @ .83 22.41 Lot 3, 11 pr. child shoes @ .44 4.84 Lot 4, 9 pr. kip brogans @ .90 8.10 Lot 5, 35 pr. boys brogans @ .77 21.95 Lot 6, 13 pr. boys brogans @ .50 6.50 Lot 7, 13 pr. boys brogans @ .73 9.49 Lot 8, 22 pr. child pig shoes @ .39 ½ 8.69 Lot 9, 22 pr. Russet brogans @ .50 16.50 Lot 10, 60 pr. Russets @ .95 57.00 Lot 11, 33 pr. pig buskins @ .71 23.43 Lot 12, 24 pr. seal brogans @ 1.25 30.00 Lot 13, 20 pr. misses slippers @ .44 8.80 Lot 14, 12 pr. ladies gaters @ 1.18 ¾ 14.25 Lot 15, 12 pr. ladies slippers @ .48 5.76 Lot 16, 14 pr. fine slippers @ 1.75 10.50 Lot 17, 42 pr. kip brogans @ 1.00 42.00 Lot 18, 11 pr. men’s slippers @ .43 ¾ 7.00 Lot 19, 12 pr. mud boots @ 1.79 21.48 Lot 20, 8 pr. calf brogans @ 2.17 17.36 Lot 21, 11 pr. kip brogans @ 1.79 19.69 Lot 1, 1 box honey dew totals 99 lb. @ .33 32.67 Lot 2, 1 box star dew totals 63 lbs. @ .27 17.00 Lot 3, 1 box star dew totals 60 lbs. @ .12 ½ 6.50 Lot 4, 1 box royal dew totals 44 lbs. @ .41 18.04 Lot 5, 1 golden leaf dew total 100 lbs. @ .29 29.00 Lot 6, 1 box smith’s dew total 97 lbs. @ .29 28.13 Lot 7, 1 box Launders dew total 78 lbs. @ .15 ___11.90 $751.30 ¾ The above inventory amounts to the sum of Seven hundred fifty one 30 3/4/100 Dollars $751.30 ¾. In testimony whereof we the said Judge & appraisers have hereunto assigned our names in presence of the undersigned witnesses day and year above written. Witnesses: B. r. Harrison Saml. Traylor J. P. Kelly John Hill John Taylor Parish Judge State of Louisiana Parish of Union Be it remembered that we John Taylor, Judge and John Hill and Samuel Traylor appraisers have on this the 8th day of July AD 1846 proceeded as follows to wit: Inventory Appraisement 9 Bunches manila bed cord @ .25 $2.25 13 ½ lbs. cotton plow lines @ .20 2.70 21 # starch 2.10 1 Lot matches 2.00 1 ¼ bag marbles 1.00 Lot 1 6 misses lawn bonnets 73c ea 4.38 Lot 2 5 ladies lawn bonnets 75c ea 3.75 Lot 3 6 Tuscan bonnets $2.12 ½ ea 12.75 Lot 4 6 silk bonnets $1.12 ½ ea 6.75 Lot 5 3 Tuscan bonnets $2 ea 6.00 Lot 6 3 Bonnets ast. $1.62 ½ ea 4.87 ½ Lot 7 30 Willow bonnets 30c ea 9.00 Lot 1 22 men’s black Russian hats 26.12 ½ Lot 2 11 youth hats $1.45 ea ___15.95 $100.63 Lot 3 6 silk hats $1.78 ea 10.68 Lot 4 1 Panama hat $3.25 ea 3.25 Lot 5 2 white hats $1 ea 2.00 Lot 6 5 sporting hats $1.48 ea 7.40 Lot 7 12 whie wool hats 50c ea 6.00 Lot 8 5 leg horn hats $1.25 ea 6.25 Lot 9 39 palm leaf hats 15c ea 5.85 Lot 10 3 palm leaf hats 18c ea .56 Lot 11 5 boy’s hats 31 ¼ c ea 1.56 ¼ Lot 12 36 covered hat 13.50 Lot 13 12 caps lalette 1.50 Lot 1 12 nut tin pails 51c ea 6.50 Lot 2 7 nut tin pails 51c ea 2.10 Lot 3 4 ¾ doz. pint cups 60c ea 2.85 Lot 4 2 ½ doz. pint cups 50c ea 1.00 Lot 5 7 coffee boilers 45c ea 3.75 Lot 6 17 coffee boilers 6.37 Lot 7 6 tin Santhorns 1.80 Lot 8 6 wash boles 25c ea 1.50 Lot 9 12 dippers 10c ea 1.20 Lot 10 27 candle moles 6c ea 1.62 Lot 11 12 paper sands 10c ea 1.20 Lot 12 6 tin milk pans 25c ea 1.50 Lot 13 10 brass candle sticks 12 ½ c ea 1.25 Lot 1 15 iron wire sieves 23c ea 3.45 Lot 2 13 fine wire sieves 44c ea 5.72 Lot 1 5 cord gingham umbrella $1.12 ½ ea 5.62 ½ Lot 2 1 cord gingham umbrella $1.37 ½ ea 1.37 ½ 14 Loaves sugar $1.53 ea 21.43 Lot 1 10 pair Russet bridle leather 65c ea 6.50 Lot 2 1 bridle filling .75 Lot 3 2 double reign bridles $1 ea 2.00 Lot 4 5 single reign bridles 62 ½ c ea 3.12 ½ Lot 5 4 pair martingales 5c ea 2.50 Lot 6 4 pair martingales 4c ea ___2.00 $245.39 ¼ Lot 7 7 cotton girths 18c ea 1.21 Lot 8 14 worsted girths 33c ea 4.62 Lot 9 3 cotton sirsingles 34c ea 1.02 Lot 10 3 worsted sirsingles 50c ea 1.50 1 keg powder 6.53 1 ½ keg powder 4.00 Lot 1 12 pair wool cards 41c ea 7.79 Lot 2 19 pair cotton cards 34c ea 4.08 6 spice jars 2.64 1 ½ lb. camphor $1 ea 1.50 2 3/8 lb. candy 23c ea .55 3/8 lb. nutmeg $2 ea .75 2 lb. cloves 57c ea .75 2 7/8 lb. cinnamon 30c ea .84 ½ Lot 1 15 pair brown cotton 36.49 Lot 2 4 pair lowels 7.95 Lot 3 1 5/4 brown cotton 3.99 ¾ Lot 4 1 ¾ brown cotton 2.48 ½ Lot 5 1 7/8 brown cotton 2.28 Lot 6 4 drilling cotton 12.59 ½ Lot 7 8 cotton 15.68 Lot 1 1 Kt. jenes coat 3.00 Lot 2 4 checked linen 8.28 Lot 3 1 blue cold 2.07 Lot 4 3 Union 7.12 Lot 5 1 cotton gingham 1.92 Lot 6 1 pair boys linen pants 1.78 Lot 7 2 pair plaid linen pants $2 ea 4.00 Lot 8 3 pair heavy cold pants 4.98 Lot 9 10 assorted pants $1.25 ea 12.50 Lot 10 5 Kemblin pants $1.25 ea 6.25 Lot 11 1 moreno 1.37 ½ Lot 12 18 drilling drawers 7.92 Lot 13 6 fancy silk vest #1.62 ½ ea 9.75 Lot 14 1 black salter ___3.00 $438.92 ½ Lot 15 3 white men’s vest $1.78 ea 5.34 Lot 16 5 fancy men’s vest $1.60 ea 8.00 Lot 17 5 fancy men’s vest $1.04 ea 5.20 Lot 18 4 L. B. shirts $1.18 ¾ ea 4.75 Lot 19 2 L. B. shirts $1.75 ea 3.50 Lot 1 1 pc. cottonade 9.75 Lot 2 1 pc. cottonade 6.03 ¾ Lot 3 1 pc. cottonade 1.33 Lot 4 1 pc. cottonade 10.91 Lot 5 1 pc. cottonade 2.09 Lot 6 1 pc. denim 1.19 Lot 7 1 pc. denim 2.31 Lot 8 2 pc. cottonade 6.19 Lot 9 1 Mariner’s stripe 5.00 Lot 10 1 pc. domestic gingham 6.10 ½ Lot 11 1 pc. domestic gingham 8.62 ½ Lot 12 1 fur check 6.76 ½ Lot 13 1 pc. cottonade 2.64 Lot 14 1 pc. white flannel 7.02 Lot 15 1 pc. red flannel 18.72 Lot 16 1 pc. tweed 4.83 Lot 17 4 pc. linseys 22.83 ¾ Lot 18 2 Ky jeans 32.75 Lot 19 1 spotted jean 8.64 Lot 20 1 spotted jean 8.55 Lot 21 5 Kerseys 22.37 Lot 22 6 pr. saddle blankets $1.78 ea 10.68 Lot 23 1 bale 7/8 Bro cotton 68.00 Lot 24 1 7/8 Lowel 62.70 6 pc. striped Linseys 38.99 ½ 6 7/8 Bro. cotton 19.20 1 fur check 7.98 ¾ 1 cottonade ___9.52 ½ $879.55 ½ 16 2/12 doz. plate 47 ½c ea 7.63 Lot 1 2 large plates 44c ea .88 Lot 2 3 large dishes 35c ea 1.05 Lot 3 1 large dish .25 Lot 4 2 large dishes 12 ½ c ea .25 Lot 5 2 5/12 doz. boals 68c ea 1.64 Lot 6 1 8/12 doz. boals 59c ea .99 Lot 7 2 9/12 doz. boals 53 ½ c ea 1.47 Lot 8 ½ doz. boals 65c ea .05 ½ Lot 9 8/12 mocho covered jugs $3.40 ea 2.28 Lot 10 4/12 mocho covered jugs $4.45 ea 1.48 Lot 11 1 10/12 mocho covered jugs $3.21 ea 5.97 Lot 12 2/12 mocho covered jugs $4.15 ea 1.68 ½ Lot 13 4/12 sugar boals $3/72 ea 1.24 Lot 14 1/12 cream pot $3.72 ea .31 Lot 15 1 ½ toy mugs 63c ea .94 ½ Lot 16 1 10/12 moulded tumblers $1.48 ea 2.71 Lot 17 4 8/12 plain heavy bottom $1.78 ea 8.30 Lot 18 7 1/12 salt sellers $1.07 ea .62 ½ Lot 19 7 1/12 pepper boxes $1.07 ea .62 ½ Lot 20 2 ½ fluted teas $1.48 ea 3.70 Lot 21 16 10/12 common 47 ½ c ea 8.00 Lot 22 1 cc chamber $2.93 ea 2.93 Lot 23 10/12 cc chamber $4.14 ea 3.45 Lot 24 11 2/12 asst. vials 25c ea 2.79 Lot 25 3 5/12 flasks 73c ea 2.49 ½ pepper sauce $2.37 ½ ea 1.18 ¾ 17 slates 15c ea 2.55 25 rawhides 6c ea 1.50 6 hatchets 78c ea 4.68 5 hammers 34c ea 1.70 30 lb. sal ratus in papers 9 ½ c ea 2.85 18 in keg 9 ½ c ea 1.71 2 mouse traps 22c ea .44 5 drawing knives 40c ea ___2.00 $958.91 ½ 6 drawing knives 50c ea 3.00 1 box pipes 2.75 9 bunch quills 20c ea 1.80 13 curry combs 1.62 ½ 5 hand saws 80c ea 4.00 111 ½ lbs. copper 5c ea 5.57 ½ 27 ¾ lb. sperm candles 31 ¼ c ea 8.67 ½ 20 lb. tallow 13c ea 2.60 9 pr. traces 53c 4.77 1 doz. axes __13.63 ¾ $1007.34 ¾ The proceeding inventory amounting to the sum of One thousand & seven 34 3/4/100 ($1007.34 ¾). In testimony whereof we said Judge & appraisers have hereunto signed our names in presence of the undersigned witnesses the day and date above written. Witnesses Saml. Traylor B. R. Harrison John Hill J. P. Kelly John Taylor, Parish Judge State of Louisiana Parish of Union Be it remembered that we the aforesaid Judge & appraisers have on this the 9th day of July AD 1846 proceeded as follows to wit: Inventory Appraisement 25 ½ lbs. bar lead $1.66 16 ½ lbs. ground ginger 2.47 ½ 30 chisels 10.00 28 augers ___9.30 23.43 ½ 2 5/12 doz. hand saw files 1.56 2/12 doz. mill 12 in. .69 5/12 doz. mill 10 in. 1.27 ½ 11/12 mullen bits .68 2/12 bradoons 2.64 4 peg axols 8.25 10 sewing 19.58 11/12 handles .54 1 lb. white shoe thread .88 3/8 lb. green shoe thread .33 1 lb. brown shoe thread .52 ½ 1 2/12 doz. tooth brushes 2.10 ½ doz. shaving brushes .52 ½ doz. shoe brushes .90 1 doz. shoe brushes 1.48 5/12 doz. close brushes 1.50 4/12 doz. shaving boxes .49 1 doz. razors 4.15 2 1/12 doz. Chapman’s straps .89 Lot 1 doz. pad socks 2.37 ½ Lot 2 1 2/12 doz. pad socks 2.10 Lot 3 1 doz. pad socks 2.67 Lot 4 2/12 doz. plates .99 Lot 5 5/12 doz. funnels 4.45 Lot 6 1 doz. round bolts .88 Lot 7 ½ doz. Rodgers hones 2.75 Lot 8 3/12 doz. sythe stones .44 ½ Lot 1 11/12 doz. pocket knives 4.89 ½ Lot 2 4/12 doz. pocket knives 2.77 Lot 3 5/12 doz. pocket knives 2.71 ½ Lot 4 4/12 doz. pocket knives 1.48 ½ Lot 5 11/12 doz. pocket knives 1.91 ¼ Lot 6 2 doz. pocket knives 3.66 Lot 7 5/12 doz. pocket knives 1.48 Lot 8 5/12 doz. pocket knives ___1.84 ¾ $109.62 Lot 9 3/12 doz. pocket knives 1.48 ¼ Lot 10 2/12 doz. pocket knives .54 ¼ Lot 11 ½ doz. pocket knives 2.96 ½ Lot 12 1/12 doz. pocket knives .25 Lot 13 4/12 doz. shoe knives .39 Lot 14 10 doz. knives & forks 13.40 Lot 15 2/12 doz. knives & forks 1.95 Lot 16 11 doz. knives & forks 1.12 ½ Lot 17 1 doz. shears 5.34 Lot 18 ½ doz. shears 1.41 Lot 19 ½ doz. 1.03 ½ Lot 1 1 11/12 doz. soap 2.07 Lot 2 1 ½ doz. fancy soap 1.17 Lot 3 1 box bar soap 40# 2.40 Lot 1 2 ½ doz. britania spoons 1.25 Lot 2 6 doz. britania spoons 4.44 Lot 3 9 tea spoons 2.70 Lot 4 2 5/12 iron table .82 9/12 doz. cork ink stands .45 1 jar paten butts 3 ½ in. .48 1 jar paten butts 3 ¼ in. 1.18 ¾ 1 ½ jar paten butts 4 in. .74 11/12 jar paten butts 3 in. .94 ¼ 8/12 jar paten butts 2 ¾ in. .58 ½ 11/12 jar paten butts 2 ½ in. .66 ½ 3 ½ Metal head gimblets 2.24 ¼ 11/12 gross wood screws ¾ .36 18/12 gross wood screws 1 .30 15/12 gross wood screws 1 ¼ .87 ½ 5/12 gross wood screws 1 ½ .29 ½ 2 8/12 doz. German silver thimbles .66 ½ 5/12 doz. steel thimbles 1.27 1 box needles 3.00 1 m slate pencils .25 1 pa slate pencils ___.10 $170.28 ¼ 1 tin cup & fish hooks 1.75 6 pair spectacles 3.24 10 doz. wood combs .70 1 33m cut tacks 2.31 2 24m cut tacks 1.44 1 4/12 doz. Ivory combs 1.97 1 dressing combs .44 4/12 dressing combs .28 ½ 11/12 tucking combs .88 1 3/12 shell side combs 3.94 ¼ 5/12 dressing combs .25 3/12 dressing combs .11 3/12 tucking combs 1.97 ½ 4/12 tucking combs .22 ½ horn side combs .21 ½ Lot 1 1 pass knitting pin .37 ½ Lot 2 1 pass knitting pin .37 ½ 3/12 blacking 1.69 ½ 5 4/12 blacking 3.41 5/12 basses .35 4 violin strings 4.00 7 bunch fish lines .43 ¾ 8 bunch fish lines .40 7 bunch canton 1.05 3 4/12 m Percussion caps 2.73 4 pr. brass spurs 2.72 1 pr. brass spurs .15 1 lot crayon pencils 1.18 ¾ 1 ½ doz. box mustard 1.54 ½ 7 Jews harps .14 3 boxes wafers .18 7 toilet glasses 1.19 2 toilet glasses .66 4 toilet glasses 1.76 1 broken toilet glass ____.25 $214.56 ¾ 2 reap hooks 1.02 1 7/12 doz. ink 2.37 5 iron squares .85 16 bottles Castor Oil 7.52 4 Spts. turpentine 1.44 11 Anodyne drops 4.40 9 3 preporation 3.60 8 olive oil 3.52 1 olive oil .37 ½ 2 syringes 10 oz. 1.40 3 syringes 12 oz. 2.70 2 lb. alum .25 2 Rheubarb 2.37 ½ 3 5/12 doz. Godpry cordial 4.06 1 British oil .84 2 ½ parsgorie 1 oz. 1.26 1 parsgorie 2 oz. 2.37 ½ 11/12 Thompson Eye water 2.18 ¾ 5/12 Laudnum .91 ½ Laudnum .44 7/12 Peppermint .49 5 Bateman drops 4.45 7/12 Opodeldoc .69 1 box English Calomel 2.50 ½ lb. Ipecac .89 ½ ¾ cayenne .89 ½ 2 ¼ aloes .90 1 doz. calogna 1.18 ¾ 4 bottles cologna .50 ¾ lb. asafoctida .45 1 bottle & tinchere tobilia [sic] 1.14 1 bottle & spirits nitre 1.54 10 box seidlets 3.20 1 lot vial corks .25 1 composition ___1.00 $278.54 ¾ 1 lot castile soap .20 1 Bag corks 1.75 4 bottles claret wine 1.20 ½ doz. lee’s pills .90 17 boxes Moffatts 8.50 1 vial dover’s powders .75 6 aqua ammonia .60 1 oz. Quinine 3.56 1 can and peppermint 2.38 6 Brown’s Gramers 4.08 24 Elementary spellers 2.46 1 Smith Geography & atlas .73 1 Arithmetic book .34 5 blank books 1.50 9 Readers No. 2 2.02 ½ 3 Readers No. 1 .45 1 Jar Blue Mass .37 ½ 1 Ledger 4.45 4 Smiley’s Arithmetics .60 6 Kirkham’s Grammars 2.88 1 Key to Smiley’s arithmetic .50 1 Demajohn & 3 gal. port wine 8.16 1 Demajohn & 3 gal. brandy 8.16 25 Allcocks hoes 6.50 3 sauce pans No. 5 1.95 4 sauce pans No. 4 2.12 1 sauce pan No. 3 .47 1 lot gun flints .50 5 pr. side irons 61# 3.75 42 lb. plate hinges 5.25 17 ½ chalk .69 2 ¾ starch .27 ½ 1 lot cigars .12 ½ 1 box rolled brimstone 4.32 11 lb. rolled brimstone ____.68 ¾ $361.85 ½ 5 5/8 lb. flour sulphur .51 ½ 22 ½ lb. Epsom salt 1.69 7 7/8 lb. black pepper 1.38 11 lb. spice 1.65 38 lb. salt peter 4.56 335 lb. Rio coffee 33.50 35 ½ Manilla rope 4.43 ¾ 142 lb. star tobacco 17.75 634 lb. sugar 44.38 5 long handle frying pans 4.00 1 pocket balance .31 1 4/12 doz. lemon syrup 3.16 ½ 1 box candy 12.00 1 part lb. mackerel 5.00 5 painted buckets 1.00 21 Gal. old whiskey 8.40 1 part lb. common whiskey 3.25 11 barrels corn whiskey 106.18 ¾ 1 ½ barrel vinegar 3.50 1 set funnels .75 1 set measures .87 ½ 1 set float .63 1 punch .75 3 bag buck shot 5.75 2 bag drop shot 3.25 1 counter scale 13.50 1294 lb. nails 77.64 5 Am. spades 5.62 ½ 293 ½ lb. spiders & ovens 17.61 205 lb. pots 12.30 1 barrel flour 5.00 4 sack salt 8.00 3 pc. baggin 38.62 ½ 3 coil road ___22.75 $832.58 ½ The proceeding inventory amounting to the sum of eight hundred & thirty two 58/100 dollars ($832.58/100). In testimony whereof we the said Judge & appraisers have hereunto assigned our names in presence of the undersigned witnesses on the day and year above written. Witness: B. R. Harrison Saml. Traylor J. P. Kelly John Taylor, Parish Judge State of Louisiana Parish of Union Be it remembered that we the said Judge and appraisers proceeded on this the 10th day of July AD 1844 as follows to wit: Inventory Appraisement 400 bush corn more or less 37 ½ 167.75 1 set smith’s tools 17.00 1 stack fodder more or less 13.50 20 bush rye in bundle more or less 20.00 20 gr. augers in use 1.40 3 chisels .37 ½ 1 hand ax .25 1 draw knife 2/ old spade 2/ .50 1 fore jack & smooth plain 3.00 1 hand saw and old square 1.00 1 ax $1, 2 old axes .25 1.50 1 cross cut saw $4, 1 pr. briching $3 7.00 1 bay mule (Pet) 60.00 1 bay mule (Fly) 55.00 1 bay horse (Dick) ___30.00 $379.27 ½ 1 black horse mule (Jack) 40.00 1 bay horse (Rock) 30.00 1 brown mare & colt 75.00 1 gray horse 35.00 70 head hogs more or less $1.50 105.00 20 head wild hogs $1.50 30.00 50 head cattle $4 120.00 1 horse wagon & harness 75.00 1 sythe cradle 3.50 1 cutting knife 3.75 1 lot plows, hoes, singletrees, clivis [sic] & stone grind 23.00 1 furniture kitchen 11.00 1 coffee mill .75 1 boy saddle 3.50 1 man’s saddle 7.00 1 lady’s saddle 5.00 2 bidles 4/, 3 bells 8/ 4.00 1 set measures 3/, 1 safe 24/ 4.00 14 chairs 4/, 1 spinning wheel 12/ 8.50 1 bathing pan $10, 1 small table 12.00 1 double barrel shot gun 30.00 1 double barrel shot gun 20.00 1 rifle $8, 1 large table $3 11.00 1 toilet table 8/, 1 square black trunk 24/ 4.00 2 round top trunks 8/, 1 round top trunk $2.50 4.50 1 round top trunk 4/, 1 metal clock $4 4.50 2 small toilet glasses 2/ .50 1 curtain bedstead & furniture 16.00 1 low bedstead 12.50 1 trundle mattress 2.00 3 blankets 6/, 2 pair fire dogs 8/ 4.25 1 corner bedstead, bed & furniture 9.00 1 corner bedstead, bed & furniture 7.00 1 tailor goose 4/, 1 pair andirons 6/ ____1.25 $1101.77 ½ Bob, a negro man, aged 21 years 700.00 Doc, a negro boy, aged 17 650.00 Daniel, a negro man, aged 43 500.00 Nelson, a negro man, aged 43 500.00 Jim, a negro man, aged 40 500.00 Primas, a negro man, aged 50 450.00 Maria, a negro woman, aged 25, her four children to wit, Martha, 6 yrs., Mary, 3 yrs., Henry 2 yrs., Sam, an infant 2 months 850.00 Hannah, a negro woman, aged 33 yrs & her child Jim 8 yrs. 600.00 Raney, a negro girl, aged 14 yrs. 500.00 1 lot crockery, tin ware 7.00 2 blank books No. 1 6/ 1.50 1 match safe .12 ½ N ½, Sec 23, T21, R3, East 317 10/100 acres 396.40 W ½, SW ½, S3, T21, Range 3 each 82 102.50 N ½, Sec 9, T21, R3 East 323 92/100 NE ½, NE ¼, Sec 8, T21, R3, 40 49/100 1275.43 NW ¼, NE ¼, Sec 9, T21, R3, East 39 62/100 350.00 The Underwood Place & improvement 1000.00 One note on J. W. Smith dated May 29, 1841 due 1 Jan 1846 with 8 percent Int. from due 29.34 One note on Wm. Thompson date May 19, 1845 due 1 Jany 1841 10.00 One note on J. W. Smith date Jany 16th 1846 due w/ int. from 1 Jany 1846 18.34 One note on L. L. Mann date 30 Jany 1846 due 1 Feby 1847 26.00 One note on C. I Martin date 9 May 1845 due int. from date 10.00 credit 20 Feb 1845 $9.08 One note on John C. Kelly date May 6th 1843 due int. at 10 per ct., credit May 25th 1845 with $50 ___10.27 $9597.60 ¼ One note on John Hilliard date Aug 22, 1845 due ten days after date for 63 bushel corn or its value in money, doubtful 47.45 One note on John Hilliard dated Aug 23, 1845 due at date, doubtful 6.44 One note on Geo W. Simons date May 23, 1845 due 1 Jan 1846 with 8 per cent int. from date credit 20 Jany 1846 with $4 6.61 One note on A. Breed date 16 Nov 1840 due 1 Jan 1841 14.12 One note on J. P. Kirkpatrick Jany 24, 1845 due 1 Jany 1846 with 8 per cent int. from date 30.00 One note on J. Norseworthy date Apr 4, 1846 due 1 Jany 1847 with 5 per cent int. from due 21.39 One note on J. P. Kellyu dated 25 Apr 1846 due 1 Jany 1847 with 8 per cent int. from due 10.00 One note on S. M. Barr dated 15 Apr 1846 due 1 Jany 1847 115.00 One note on Vassar Rippord dated Nov 6th 1843 due 1 Jany 1843 with 10 per cent int. from date 40.00 One note on C. H. Vance dated 15 Jany 1846 due at date 7.72 One note on O. H. P Windes dated May 2 1846 due 1 Jany 1847 with int. from date 6.00 One Note on R. K. Love dated Nov 22, 1845 due 1 Jany 1846 30.00 One order on J. S. Larkin from D. Puckett dated March 26, 1846 6.00 One order on J. M. Powell from D. Puckett dated March 26, 1846 2.75 One note on D. Pucket dated Jul 10th 1845 due at date with 10 per cent int. from date , credit Apr 9th 1846 $9 __32.83 $9973.10 ¼ The proceeding inventory amounting to the sum of Nine Thousand nine hundred seventy three 10 ½ /100 dollars ($9973.10 ½) In testimony whereof we the said Judge and Appraisers have hereunto assigned our names in presence of the undersigned witnesses the day and year above written. Witnesses: B. R. Harrison Samuel Traylor J. P. Kelly John Hill John Taylor Parish Judge State of Louisiana Parish of Union Be it remembered that on this the 20th day of July AD 1841, I John Taylor Parish Judge and Ex Officio Notary Public in and for the Parish of Union, State of Louisiana together with John Hill and Samuel Traylor appraisers proceeded to conclude the inventory and appraisement of the goods and chattels comprising the Estate and Succession of B. E. Davis, deceased at his late residence after a vacate or from Friday the 10th inst. made for the purpose of posting up the books belonging to the said decedent in presence of the undersigned witnesses as follows: Inventory Appraisement Geo. M. Savage acct. due 1 Jany next $45.38 John B. Farrar acct. due 1 Jany next 31.18 Martha White acct. due 1 Jany next 2.25 James K. Love acct. due 1 Jany next 17.83 R. K. Love acct. due 1 Jany next 14.63 John Smith acct. due 1 Jany next 11.05 C. M. Smith acct. due 1 Jany next 19.03 Michael Stewart acct. due 1 Jany next 15.39 B. H. Burton acct. due 1 Jany next 9.21 Benj. Harrison acct. due 1 Jany next ___12.00 $991.71 A. W. Long acct. due 1 Jany next 10.69 R. W. Windes acct. due 1 Jany next 9.01 Wm. A. Glasson acct. due 1 Jany next 9.47 J. A. R. VanHook acct. due 1 Jany next 35.73 Joseph Tisdale acct. due 1 Jany next 8.53 William Turner acct. due 1 Jany next 6.25 John Anders acct. due 1 Jany next 9.07 Eli Denton acct. due 1 Jany next 7.13 Chelsy Glasson acct. due 1 Jany next 1.00 S. P. Winds acct. due 1 Jany next 34.23 Thos. Ivey acct. due 1 Jany next 44.59 Laboom Peterson acct. due 1 Jany next 5.05 T. M. Smith acct. due 1 Jany next 8.27 Geo W. Simms acct. due 1 Jany next 32.21 R. Edwards acct. due 1 Jany next 6.26 Andrew Mays acct. due 1 Jany next 1.00 N. G. Blassinger acct. due 1 Jany next 15.88 John Brown acct. due 1 Jany next 5.11 Wm. C. Dunn acct. due 1 Jany next 11.91 Wm. Bell acct. due 1 Jany next 1.00 Samuel Pertle acct. due 1 Jany next 3.47 John Glasson acct. due 1 Jany next 1.00 Wm. E. Ivey acct. due 1 Jany next 4.97 Chas H. Kelley acct. due 1 Jany next 5.49 Thos. Satterwhite acct. due 1 Jany next 8.00 Nancy Roark acct. due 1 Jany next 19.44 David Stewart acct. due 1 Jany next 35.37 Wilks Brooks acct. due 1 Jany next 22.00 Nathan Willingham acct. due 1 Jany next 17.44 W. Atkerson acct. due 1 Jany next .50 Elish Parker acct. due 1 Jany next 4.00 John Odom acct. due 1 Jany next 1.00 Jno. A. Smith acct. due 1 Jany next 7.28 Richard Rasp acct. due 1 Jany next 21.37 Edmond Gainn acct. due 1 Jany next ____5.27 $1409.70 Avory Heath acct. due 1 Jany next 6.50 James McNeal acct. due 1 Jany next 2.85 Jno. J. Gibson acct. due 1 Jany next 22.37 James Seal acct. due 1 Jany next 2.50 W. B. Norseworthy acct. due 1 Jany next 2.65 John Norseworthy acct. due 1 Jany next 4.93 Solomon Powel acct. due 1 Jany next 3.75 Jno. Traylor acct. due 1 Jany next 8.37 William Calbert acct. due 1 Jany next 8.44 Marshal Masterson acct. due 1 Jany next 37.95 B. H. Jones acct. due 1 Jany next 5.63 Geo. Powel acct. due 1 Jany next 1.50 R. P. Burton acct. due 1 Jany next 5.93 Lewis P. Seal acct. due 1 Jany next 2.95 William Roan acct. due 1 Jany next 1.25 William C. Fitzgerald acct. due 1 Jany next 8.75 O. H. P. Winds acct. due 1 Jany next 2.25 Lewis Graves acct. due 1 Jany next 3.63 Thos Brantley acct. due 1 Jany next 1.95 James Satterwhite acct. due 1 Jany next 3.25 J. J. Daniel acct. due 1 Jany next 2.13 Saml. Smith acct. due 1 Jany next 5.00 Henry Glasson acct. due 1 Jany next 2.20 Thos. I. Stewart acct. due 1 Jany next 1.00 W. R. Volentine acct. due 1 Jany next 12.52 Archibald Armstrong acct. due 1 Jany next 13.15 Mrs. Roane acct. due 1 Jany next 2.00 D. S. Collier acct. due 1 Jany next 7.20 B. R. Harrison acct. due 1 Jany next 26.94 Sampson B. Thomas acct. due 1 Jany next 2.50 Joicy E. Guice acct. due 1 Jany next 1.07 James R. Guice acct. due 1 Jany next ____2.65 $1625.46 The above persons are all residents of the Parish of Union, State of Louisiana. Lorenzo Ratcliff acct. due 1 Jany next 11.50 B. C. Williams acct. due 1 Jany next 2.50 Geo. W. Leach acct. due 1 Jany next ____1.75 $1642.31 The above are residents of Union Parish, State of Arkansas. Improvement on 16th section 100.00 One trunk 1.50 Bedstead mattress &c at store 5.60 1 pocket lawyer .50 Cash on hand ___29.85 $1779.00 The whole amount of the proceeding inventory amounting to Fourteen thousand eight hundred and sixty five 18 1/2/100 dollars ($14,865.18 ¼). This inventory having been by John Taylor and the said appraisement is recommended and adopted. In testimony whereof we the said Notary and appraisers have hereunto assigned our names in presence of the undersigned witnesses on the day and year above written. Witnesses Jno. Traylor Saml. Traylor J. e. Kelley John Hill Thos. VanHook Notary Public To the Honorable the Judge of the 12th Judicial District Court in and for Parish of Union and State of Louisiana. The petition of John Hill resident of said parish Administrator of the Estate of Benjamin E. Davis, Decd. with respect sheweth that there is a large portion of the property comprising said Estate liable to waste and now deteriorating comprised of personal property and it would be greatly to the interest of all concerned that it should be sold. Wherefore he prays it be sold after the usual advertisements on such terms of credit as your Honor may think most advantageous to the Estate that you direct it to be done by the Auctioneer for said parish if there be one and if there is none qualified that it be done by the sheriff and that you make such other decrees as may be necessary to afford general relief and as in duty bound &c. McGuire & Ray, Attys. The State of Louisiana 12th Judicial District Court Parish of Union Let the sale be made as prayed for of the perishable and personal property on a credit until the 15th day of March next 1847. The purchaser giving note with good personal security to bear interest at eight percent per annum from due until paid. And it is ordered that Avery Breed, sheriff make said sale according to law. Done and signed on this the 27th day of August AD 1846. Thos. VanHook, Clk. I have written a petition for Inventory and appraisement. The inventory made by Taylor after he was out of Office is not good but by taking off he first leaf of it and making a proper heading of it by the Notary or Justice of the Peace and copying what part of the inventory that is on that page putting that in place, then taking off the last leaf and making a closing. Copying what is there on and adding it then by having the same appraisers it would not consume much time to make the inventory. It should be signed at the end by the appraisers. The Notary or Justice of the Peace and by two witnesses. The oath of the appraisers should be in writing and signed b them as it was done. I have written an order on the back of the Petition to be signed by the clerk of the Court and left a blank to be filled up with the names of the members of the family meeting when knows. This inventory may be made and the family meeting held before Thos. VanHook if he is a Notary. The oath of the members of the family meeting must be in writing and signed by each member. The deliberation of the Family meeting must be in writing signed by each of them and the officer by whom it is holden. The clerk must homologate it after filing it in court & issue letters of Tutorship and Under Tutorship to the persons the advise and swear them in writing and take the bond of the Tutor unless the family meeting dispense with his giving bond. the mother gives no bond as Tutrix by nature to her two children but must be sworn as also the Under Tutor. After the inventory is made appoint an Administrator, take his bond and swear him in writing. I have prayed B. R. Harrison or Jno. Hill appoint which of the two the family agree upon. I leave a petition which the Administrator appointed can put his name in the blank left for that purpose and file after he is appointed when the clerk may sign the order. I have written on it for a sale first filling the blank left with the time of credit that may be thought best to make the sale on and if there is no auctioneer and the Sheriff is ordered to make the sale add that fact to the order before perfecting he order. R. F. McGuire Benjamin E. Davis Estate 12the Judicial District Court The tutor recommended by the family meeting to the minor children of Benjamin E. Davis, deceased to wit: Benjamin F., William O., Thomas I, Frances M., Christopher C., Augustus R., the issue of this marriage with Matilda Holladay having refused to give bond and take the oath prescribed by Law and having left the State to be absent for some months and it being important that a tutor should be appointed to said minors. Therefore let a Family meeting be convened comprised of the friends to wit: Avery B reed, Samuel Farrow, Samuel Traylor, J. M. Powell, Thomas Brantley, B. Harrison for the purpose of recommending a Tutor to the said minors. It is further ordered that Claiborn M. Smith the recorder be appointed to hold said family meeting. Done and signed in office on this the 21st day of October AD 1846. Thos. VanHook, Clk. Benjamin E. Davis Estate 12th Judicial District Court The Tutor recommended by the family meeting to the minor children of Benjamin E. Davis, deceased to wit Benjamin F., William O., Thomas J., Frances M., Christopher C., Augustus R., the issue of his marriage with Matilda Holladay having sworn to give bond and take the oath prescribed by law and having left the State to be absent for several months and it being important Tutors should be appointed to said minors. Therefore let a family meeting be convened comprised of the friends to wit: Avery Breed, Benjamin Harrison, Samuel Traylor, Thomas Brantley, James M. Powell and Joseph Terry. For the purpose of recommending Tutors to said minors and it is further ordered that Claiborn M. Smith the recorder be appointed to hold said family meeting. Done and signed in office on this the 21st day of October AD 1846. Thos. VanHook, Clerk I certify the above to be a true and correct copy of the original on file in the Clerk’s office. in testimony whereof I have hereto signed my name and affixed the seal of Court this the 21st day of Oct 1846. Thos. VanHook, Clk. State of Louisiana Parish of Union We do solemnly swear that we will to the best of our knowledge and belief advise and recommend who shall be appointed Tutor to the minor children of Benjamin E. Davis, Deceased to wit: Benjamin F., William O., Thomas J., Francis M., Christopher C., Augustus R. So help us God. Avery Breed B. Harrision William Ranson Thomas Brantley James M. Powell Joseph W. Terry Sworn to and subscribed before me the 22nd October 1846. Claiborn M. Smith Recorder State of Louisiana Parish of Union Be it remembered that on this 22d day of October AD 1846 in pursuance to an order of the 12th Judicial District Court in and for the said Parish to me directed, I Claiborn M. Smith, Recorder, Ex Officio Notary Public duly commissioned and sworn have by an order of Court according to Law caused Avery Breed, Benjamin Harrison, Samuel Traylor, James M. Powell & Joseph Terry together as family meeting at the residence of Benjamin E. Davis, deceased for the purpose of appointing Tutors to the said minor children to wit: Benjamin F. Davis, William O. Davis, Thomas J. Davis, Frances M. Davis, Christopher C. Davis, Augustus R. Davis and after being first duly sworn in by me and after due deliberation, they decided that Samuel Traylor be appointed Tutor for Benjamin F. Davis and Augustus R. Davis and Samuel Farrar be appointed Tutor for William O. Davis & Christopher C. Davis and that Royal K. Love be appointed Tutor for Thomas J. Davis & Frances M. Davis. J. M. Powell Thomas Brantley Joseph W. Terry B. Harrison Saml. Traylor Avery Breed Done and signed before me on the above day & date mentioned. Claiborn M. Smith Recorder State of Louisiana 12th District Court Parish of Union By reason of the law it is ordered that the within report of the family meeting be Homologated and confirmed and it is further ordered that Samuel Farrar be appointed Tutor to William O. Davis and Christopher C. Davis and that Royal K. Love be appointed Tutor to Thomas J. Davis and Frances M. Davis and that Samuel Traylor be appointed Tutor to Benjamin F. Davis & Augustus R. Davis. Done and signed in office on this the 23d November AD 1846. Thos. VanHook, Clk. State of Louisiana 12th District Court Parish of Union To Samuel Traylor, you are hereby notified that you have been appointed Tutor to the minors Benjamin F. Davis and Augustus R. Davis in accordance with a report of a family meeting convened for the purpose of recommending Tutors to said minors which report has been Homologated and you are hereby summoned and required to attend at the Office of the Clerk of the 12th Judicial District Court in and for the said Parish and take the oath prescribed by Law within ten day. Done and signed at my office on this the 23d day of November AD 1846. Thos. VanHook, Clk. Received in Office November 23d 1846 and on the 4th day of December 1846, I secured a copy of the within notice on Samuel Traylor by leaving the same with a white person apparently about the age of fourteen years who resides in the house with him, he being absent. Avery Breed, Sheriff State of Louisiana 12th District Court Parish of Union To Samuel Farrar, you are hereby notified that by the Homologation of the report of the family meeting convened for the purpose of recommending Tutors to be appointed to the minor children of Benjamin E. Davis, deceased. You have been appointed Tutor to William O. Davis & Christopher C. Davis, minors of said decedent and you are hereby summoned & required to attend at the Office of the Clerk of the 12th Judicial District Court and be qualified according to law within ten days from the date of the service hereof. Done and signed in office on this the 23d day of November AD 1846. Thos. VanHook, Clerk Received in Office November 23, 1846 and on the 3d day of December 1846, I served a copy of the within notice on Samuel Farrar by leaving the same with a person apparently above the age of fourteen years known by me to be his wife fourteen miles from office. Avery Breed, Sheriff State of Louisiana 12th District Court Parish of Union I, Matilda Davis do solemnly swear that I will faithfully and impartially discharge all and singular the duties incumbent on me as Tutor to my children Walter A. Davis and John Kelly Davis according to the best of my abilities and understanding. So help me God. Malinda (her X mark) Davis Sworn to and subscribed before me the 14th December AD 1846. Thos. VanHook, Clk. State of Louisiana 12th District Court Parish of Union I, John C. Kelly, do solemnly swear that I will faithfully and impartially discharge all and singular the duties incumbent on me as Under Tutor to Walter A. Davis and John Kelly Davis, minor children of Benjamin E. Davis, deceased according to the best of my abilities and understanding. So help me God. John C. Kelly Sworn to and subscribed before me the 14th day of December AD 1846. Thos. VanHook, Clk. Statement of Debts owing by the Estate of Benjamin E. Davis, Decd. which have been allowed as just claims against said Estate by the Administrator as follows: Note due to W. Rastrop in hands of R. Ragenburg due March 1st 1849, no interest specified 22.80 Note due to John Steel for due Jany 1/47 Int. at 8 per cent from May 20th 1846 200.00 Note due to John Steel the 1st January 1847] no interest specified 2.44 Account due to R. K. Love for 15.00 Account due to Joel Kelly for 121.50 Note due to W. w. Underwood 1 February 1847 no rate of interest specified 450.00 Due bill to B. R. Harrison for W. F. Bond due on demand, no int. specified 15.00 Account to B. R. Harrison for 63.32 Account due to L. L. Mann for 38.75 Account due to G. w. Fitzgarrold for 47.20 Account due to c. J. Martin for 1.00 Account due to M. Edwards for 2.50 Account due to J. C. McVeal for 3.00 Account due to Dr. John Traylor for 80.00 Account due to J. O. Carr & Co., New Orleans for 132.09 Account due to J. s. Collier for 14.50 Account due to Charles A. Banier, New Orleans 64.60 Account due to J. P. Kirkpatrick for 7.44 Note due to Charles A. Banier, New Orleans for Feb 28/47 8 per cent int. from due 335.68 Amount due Samuel Traylor for 19.25 Amount due to L. K. Thomas for 14.52 Account due to L. K. Thomas due Jan 1/45 8.95 Account due to Mitchel & Lane, New Orleans for 90.17 Amount due to J. W. Smith for 102.62 Account due to S. J. Larkin for 11.00 Account due to J. O. Kelly for 1.60 Account due to B. W. Jones for 19.25 Account due to N. Willingham for 3.50 Account due to J. H. Kelly for 10.00 Account due to John Hill for 4.00 Account due B. R. Harrison for leaving off store accounts 10.00 Amount due to William Bell for Overseeing 40.00 Amount due to E. H. Ecels for 1.36 Amount due to J. C. Kelly for 10.00 Amount due to R. Edwards for 1.00 Amount due to John Norseworthy for 1.68 Amount due to D. Pucket for funeral expenses but the amount is know known Account due to Wm. Hollis for money used but amount not known Account due to C. M. Smith, Recorder for holding family meeting Account due to Thos. VanHook, Clerk in the Probate proceedings of the Estate Administrator’s commission at 2 ½ percent on the amount of the inventory Account due McGuire & Ray, Attorneys, employed by the Administrator to advertise and assist in the settlement of the Estate To the Honorable Judge of the Twelfth Judicial Court in and for the Parish of Union in the State of Louisiana. The petition of John Hill resident of your said Parish and State and Administrator of the Estate of Benjamin E. Davis, Deceased with respect represents unto your Honorable Court that he herewith files a statement of the debts against said Estate which have been presented to him and which he has allowed as just claims. Petitioner prays your Honorable court to cause this statement of debts to been advertised according to Law and that the same be Homologated and your Petitioner be authorized to pay the debts as set forth in the within statement according to Law and petitioner prays for general relief. McGuire & Ray, Attys. State of Louisiana Parish of Union By reason of the Law and accordingly from the reason of legal and usual advertising having been made more than ten days and no opposition having been made to the foregoing & within statement & Tableau of Debts. It is ordered that the same be affirmed, confirmed and Homologated in all its parts according to Law. Done & signed in Chambers on this 16th day of April 1847. Geo. W. Copely Judge of the 12th J. District To the Honorable Judge of the Twelfth Judicial Court in and for the Parish of Union in the State of Louisiana. The Petition of Malinda Kelly widow and relict of Benjamin E. Davis, Deceased, Resident of your said Parish & State with respect unto your Honor that she has been affirmed as Natural Tutrix to the minor children Walter A. Davis & John K. Davis, issue by the marriage with Benjamin E. Davis, Deceased. Petitioner further represents unto your Honor that her said minor children are jointly & equably interested as heirs of their father Benjamin E. Davis, Decd. with six other minor children issue by a former marriage of said Davis, Decd. to wit: Benjamin F. Davis, William O. Davis, Thomas J. Davis, Mary Francis Davis, Columbus C. Davis and Romalus A. Davis, all minors. Petitioner further represents unto your Honor that all the debts owing by said Estate has been paid and the Estate fully administered by John Hill, the Administrator thereof, and who is now ready to deliver over the Estate to the legal heirs or representatives of said Benjamin E. Davis, Decd. Petitioner therefore respectfully represents unto your Honor that this is a suitable and fit time to have said Estate which consists in property, notes, accounts and money partitioned amongst the heirs at least the partition coming to her children set apart from the portion coming to the other heirs. Wherefore Petitioner prays your Honor to cause a family meeting to be called to take this matter into consideration to advise & recommend whether it would not be to the interest of the minors whom your Petitioner represents to have a partition of the state of their father Benjamin E. Davis, Decd. and to authorize your Petitioner to institute suit and all legal proceedings necessary to effect that object & for general relief &c. McGuire & Ray, Attys. State of Louisiana Parish of Union Let the prayer of the within Petition be granted and it is ordered that a family meeting be convened comprised of Joel Kelly, a relation Henry P. Anderson, William M. Lawrence, William B. Cooper and Stephen B. McMoy friends and near neighbors to meet before Claiborn M. Smith, Parish Recorder at his office in Farmerville on Saturday the 16th day of October 1847 to take into consideration the prayer of the annexed Petition and it is further ordered that the Under Tutor be notified to be present to assist in the deliberation. This order is granted by the Clerk under the 1st section of the Act of 1846 page 63. Done and signed on this 16th day of October 1847. Thos. Van Hook, Clk. State of Louisiana Parish of Union We solemnly swear that we will and faithfully discharge and perform all and singular the duties incumbent on us as members of a family meeting in advising and recommending touching the prayer of the annexed and foregoing petition for the interest of the minors Walter A. Davis and John K. Davis to the best of our abilities and abilities and knowledge. So help us God. W. M. Lawrence Wm. B. Cooper H. P. Anderson S. B. McMoy Joel Kelly Sworn & subscribed to before me on this 16th October 1847. Thos. VanHook, Clk. State of Louisiana Parish of Union Be it remembered that on this the 16th day of October 1847 in pursuance to an order of the Honorable District Court dated the 16th October 1847 directed to me as Parish Recorder which order is hereto annexed. I have caused Joel Kelly, a relation, Henry P. Anderson, William B. Cooper, Stephen B. McMoy and William M. Lawrence neighbors & friends to appear before me at my office in the Town of Farmerville on this day met by convening to act as a family meeting who after being sworn according to Law which oath is hereto annexed proceeded to take into consideration the prayer of the Petition of Melinda Kelly, widow Davis which is also hereto annexed and to advise and recommend touching the interest of the minors Walter A. Davis and John K. Davis. I have also notified John C. Kelly, Under Tutor of said minors to be present to assist in the deliberation who is accordingly present who upon mature reflection and due deliberation do advise and recommend that Malinda Kelly Widow Davis, Tutor to said minors be authorized and required to institute on behalf of said minors a suit to effect a partition of the Estate of their father Benjamin E. Davis, Decd. against the other heirs of said Estate and that said Tutor be authorized to do all acts necessary to effect a partition of said Estate and set apart to her wards the portion coming to them and to do all things necessary in the premises. In testimony whereof said members of the family meeting have hereunto signed their names in presence of Hamilton Bailey and S. H. McGill witnesses of lawful age and I said Recorder have hereto signed my name and affixed my seal of office on the 16th day October 1847. H. Bailey Wm. M. Lawrence J. H. McGill Wm. B. Cooper Claiborn M. Smith Joel Kelly Recorder H. P. Anderson S. B. McMoy I, John C. Kelly, Under Tutor to the minors Walter A. Davis and John K. Davis approve of the foregoing and within proceedings of family meeting having been present and advised & recommended the same. J. C. Kelly Under Tutor To the Honorable Judge of the Twelfth Judicial Court in and for the Parish of Union in the State of Louisiana Malinda Kelly Widow Davis resident of your said Parish and State with respect sheweth humbly presents to your Honor the proceedings of a family meeting and prays the same be affirmed confirmed and Homologated according to law & for general relief. McGuire & Ray, Attys. I, John C. Kelly, Under Tutor to the minors Walter A. Davis and John K. Davis approve of the foregoing and within proceedings of family meeting having been resent and advised & recommended the same. J. C. Kelly Under Tutor To the Honorable Judge of the Twelfth Judicial Court in and for the Parish of Union in the State of Louisiana. Malinda Kelly Widow Davis, resident of your said parish and State with respect wheweth humbly presents to your Honor the proceedings of a family meeting and prays the same be affirmed, confirmed and Homologated according to Law & for general relief. McGuire & Ray, Attys. State of Louisiana Parish of Union Let the foregoing and within proceedings of a family meeting be confirmed, affirmed and Homologated in all its parts according to Law and it is further decreed that Malinda Kelly alias Davis be authorized to institute a suit for Partition of the Estate of Benjamin E. Davis, Decd. according to Law. Done and signed on this the 16th day of October 1847 by me Clerk according to law. Thomas VanHook, Clerk To the Honorable Judge of the Twelfth Judicial District Court in and for the Parish of Union in the State of Louisiana. The petitioner of Matilda Kelly, widow of Benjamin E. Davis, Decd., resident of your said parish and State with respect sheweth & represents unto your Honor that her said Husband, Benjamin E. Davis died in your said Parish & State on or about the 26th day of June AD 1846 leaving your Petitioner his widow in community and eight children to wit: Walter A. Davis and John K. Davis, issue of his marriage with your Petitioner and Benjamin F. Davis, William O. Davis, Thomas I. Davis, Mary Frances Davis, Christopher C. Davis and Ramalus A. Davis, issue by a previous marriage who are his only decedents and legal heirs. Petitioner further represents unto your Honor that subsequent to said marriage and during the existence of the said property to a large amount was acquired by said Benjamin E. Davis, Decd. and large amounts were due him in Notes and Accounts. The property acquired during said marriage is contained on the inventory of said Estate made on the 25th August 1846 as well as the notes and accounts cash and other effects belonging to said Estate and which constitutes the community existing up to the decease of her said husband one half of which your Petitioner is entitled to according to law. Petitioner answers that all the debts and charges against the Estate of her deceased husband and the community believes them have been fully paid by John Hill, Administrator of said Estate and that he is ready and willing to deliver over to the heirs and legal representatives all the effects of said Estate. Petitioner further answers that there is yet belonging to said Estate several tracts of land which is a portion of the community and which cannot be divided in kind without lessening the value of the whole and your petitioner recommends the sale of the same as most to the interest of all concerned. Petitioner represents unto your Honor that she is Tutrix to Walter A. Davis and John K. Davis and that John C. Kelly is Under Tutor and that said minors are heirs to said Estate and interested therein. Wherefore Petitioner prays your Honor and further represents that there are six other minor children who are heirs and interested in said Estate to wit: Benjamin F. Davis, William O. Davis, Thomas J. Davis, Mary Frances Davis, Columbus C. Davis & Romalis A. Davis and who have not Tutor or legal representative to act for them in this suit. Wherefore petitioner prays your Honor to cause you’re a Curator or Curator Ad Hoc or Tutor or Tutrix Ad Hoc to be appointed to represent said minors in this suit for Partition according to Law. Wherefore prays your Honor to cause John C. Kelly, Under Tutor and the other legal representatives of the minor heirs of the Estate of Benjamin E. Davis, Decd. to be cited to show cause why a partition of the said Estate of Benjamin E. Davis be not made and why the land belonging to said Estate be not sold to effect a partition and for all such orders and decrees in the premises as the nature of the case may require and for general relief &c. Estate of Benjamin Davis, Deceased Malinda Kelly Widow Davis petition for Partition of the Community By reason of the Law and Evidence in this case all parties being legally represented, it is ordered, adjudged and decreed after final hearing that a division and partition of the Estate of Benjamin E. Davis, Deceased be made between the Plaintiff Malinda Kelly, and the legal heirs of Davis, Decd. as set forth in the within Petition of the Property in Community between Plaintiff and her deceased Husband Benjamin E. Davis, Decd. and that said partition be made on the following grounds or basis. all the property described in the inventory of the Estate of Benj. E. Davis, Decd. is decreed to be or have been community property except the following to wit: Bob, a negro man; Doc, a negro boy; Daniel, a negro man; Nelson, a negro man; Jim, a negro man; Primas, a negro man; Maria, a negro woman and her four children; Martha, negro girl; Mary, negro girl; Henry, negro boy; Sam, an infant; Hannah, a negro woman and her child; Jim, a boy; Raney, negro girl. Also the following land to wit: N ½ of section 23 T 21 R 3 East containing 317 10/100 acres N ½ of Sec. 9 T 21 R 3 East containing 323 92/100 acres. Also the NE ¼ of SW ¼ of Sec 9 T 21 of Range 3 East containing 40 49/100 acres also the improvement on the 16th Section appraised at $100. It is also decreed that the Heirs of Benjamin E. Davis, Decd. be entitled to retain One thousand dollars out of the said community property before the partition and that said community be charged with all the debts owing by Benjamin E. Davis, Decd. The cost of Administering is to be paid out of the whole mass of the succession. It is further ordered that the Land and all the other property belonging to said community at this time be sold to affect a partition on the terms and conditions to be fixed by a family meeting which is ordered for that purpose said sale to be made by Avery Breed, Sheriff as soon as convenient after the first day of January 1848. It being understood final account of John Hill, Admr. show the notes, accounts and cash constituting said community. It is further ordered that the Parish Recorder of Union made said partition as soon as convenient after the sale of the community property and that the Parish Recorder appoint experts to make this partition. Done and signed in open court this 6th November 1847. Geo. W. Copely Judge, 12 District It is ordered that the Under Tutor, John C. Kelly of the minors Walter & John K. Davis be duly cited to answer this petition & that Henry Bryan be appointed Curator Ad Hoc to represent the other minors, they having no Tutor to answer this petition. 21st Oct 1847 Geo. W. Copely Judge of the 12 District I, Henry Bryan, Curator Ad Hoc, do hereby acknowledge that a copy of the within Petition & citation has been served on me this the Nov. 3d AD 1847. H. R. Bryan Curator, Ad Hoc Estate of Benjamin E. Davis District Court For Partition with surviving wife Parish of Union The Under Tutor John C. Kelly for the minor heirs for answer denies all and singular the allegation of Plaintiff in her petition to set off her half of the marriage community and prays she be hence dismissed with cost and for relief as in duty bound &c. John C. Kelly Under Tutor Henry Bryan Curator, Ad Hoc appointed by the Court to represent the following minor heirs of Benjamin E. Davis, Decd. which heirs are absent to wit: Benjamin F. Davis, William O. Davis, Thomas J. Davis, Mary Frances Davis, Columbus C. Davis and Romalus A. Davis for answer to plaintiff’s petition avers that there was no community property existing between plaintiff and the deceased Benjamin E. Davis, her late husband, but that all the property found in the succession of plaintiff’s said husband at his death inventoried as the same belongs exclusively to the Estate aforesaid and that there was no property acquired in community between plaintiff and her said husband, Benjamin E. Davis. But if it should be proven that there was property acquired during the time that plaintiff and decedent lived in community the same was purchased with the separate money of the said heirs father and therefore did not go in community he avers that there was three slaves found in the succession of their said father’s estate and inventoried as the property of the same which three slaves to wit: Daniel, a man; Robert, a man and Rainey, a girl did not alone belong to said Estate, that half of said slaves belonged to their mother Matilda Holladay, a former wife of Decedent and these heirs mother in community with the decedent acquired the salves at that at her death, they as legal heirs became the owners as aforesaid of one half of said slaves &c which undivided half they particular claim as not belonging to the community of the Plaintiff & her said Deceased husband and he therefore prays the court for Judgment in favor of said heirs rejecting plaintiff’s demand and declaring that there is no community as prayed for by plaintiff and for general relief &c. H. R. Bryan Curator Ad Hoc Appointed by Court Probate Court, Parish of Union Estate of Benj. E. Davis In the matter of petition of the community property, plaintiff offers the inventory of the succession of Benj. E. Davis, marked A, 2 final account of John Hill, Administrator marked B. It is admitted that Malinda Kelly was the lawful wife of Benj. E. Davis, Decd. that they were married in May 1843. It is admitted that all the negroes on the inventory were owned by Davis, Decd. previous to his 2nd marriage and the following land North half of Section 23 T 21 R 3 East containing 31 10/100 acres the North half of Section 9 T 21 R 3 East containing 323 92/100 acres also the North ¼ of South west ¼ of Section 9 T 21 R 3 East containing 40 49/100 acres and the improvement on the 16 Section valued at $100 was made before his marriage. John Hill previous to Davis last marriage he brought up some money to my house to take care of it. There must have been $400 or $500 does not know whether he had it at the time of the marriage. heard Davis say some of the neighbors owed him money. It is consented and agreed that Davis on his marriage had $1000 cash. Avery Breed, the land could not be divided. It would for their interest to sell it. It would harm its value to divide. John Hill concurs in this statement and that it would be for the interest of the minors to have it sold. Say about the first Saturday in January next. Avery Breed, the Curator in less wrote no to [unreadable] all the balance is to be sold. The above is all the Testimony advanced on the trial of this cause. This 6 day of November 1847. Geo. W. Copley Judge of the 12th District To the Honorable Judge of the Twelfth Judicial Court in and for the Parish of Union in the State of Louisiana. The petition of Malinda Kelly Widow Davis, Tutrix to her minor children Walter A. Davis & John K. Davis issue by her marriage with Benjamin E. Davis, Decd. with respect represents unto your Honorable Court that her two children above named are jointly and equally interested in the Estate of Benjamin E. Davis, Decd. with six other children of said Davis, Decd. by a former marriage to wit, Benjamin F. Davis, William O. Davis, Thomas J. Davis, Mary Frances Davis, Columbus C. Davis and Romalus A. Davis the above eight children being the only decedents and heirs of Benjamin E. Davis, Decd. Petitioner further represents unto your Honor that said Estate has been fully administered by John Hill the Administrator all the debts & liabilities of said Estate fully paid and settled off and that said Administrator is now ready to deliver over the effects of said Estate to the legal heirs or their representatives thereof. Petitioner further avers that there is a considerable amount of property yet belonging to said Estate consisting of lands, negros, notes, accounts and money which is in the hands of the said Administrator and which is undivided and in common among the above named eight heirs, a more particular description of which will be found by reference to the final account rendered by said Hill, Admr. and the inventory of said Estate. Petitioner further answers that she has been authorized and required by a family meeting and by this Court to institute in behalf of her two children as their Tutrix a suit to effect a Partition of said Estate and have set apart the portion coming to her two children. Petitioner further answers that she is of opinion that all of the property, land and Negroes belonging to said Estate or to said minors should be sold in order to effect a partition. That said Land, Negroes could not be divided in kind without deteriorating or lessening their value and that it would be to the interest of all the said minors to have said property sold. Petitioner further avers that said six minors to wit Benjamin F. Davis, William O. Davis, Thomas I. David, Mary Francis Davis, Columbus C. Davis and Ramalus A. Davis are unrepresented by any Tutor or any representation in this state or elsewhere. Wherefore it will be necessary for this court to appoint a Curator or Curator ad hoc or tutor or Tutor ad hoc as the Law may justify contradictaryly with whom this suit for a partition may be carried on according to Law. Wherefore Petitioner prays your Honor to cause the said six minors through their legal representative to be cited to appear in this suit and show cause if any they have why a decree of Partition should not be made according to Law. Wherefore Petitioner prays your Honor to cause the said six minors through their legal representative to be cited to appear in this suit and show cause if any they have why a decree of Partition should not be made according to Law and for all such orders as may be necessary and proper in the premises and as in duty bound &c. McGuire & Ray, Atty. I, Henry Bryan, Curator ad hoc do hereby acknowledge that a copy of the Petition and citation has been served on me. November 3, 1847 H. R. Bryan Curator Ad hoc It is ordered that Henry Bryan be appointed Curator Ad hoc to the minors as prayed for an that the parties be only called to answer this Petition as ordering to Law. 21 Oct 1847. Geo. W. Copley Judge, 12 District Estate of Benjamin E. Davis, Decd. 12th Judicial District Court Parish of Union November Term 1847 Malinda Kelly Alias Davis, Tutrix Petition for Partition among the Heirs Henry R. Bryan, curator Ad hoc appointed by the 12th Judicial District Judge to represent the following minor heirs of Benjamin E. Davis, Deceased to wit: Benjamin F. Davis, William O. Davis, Thomas I. Davis, Mary Francis Davis, Columbus C. Davis and Romalus A. Davis. These minors being absent from the Sate and having no Tutor in the same for answer to Plaintiffs petition avers that the Heirs above named are the issue of a first marriage between their father Benjamin E. Davis and their mother Matilda Holladay who departed this life in the year 1843 in this state. For further answer he avers or alleges that Benjamin E. Davis and Matilda Holladay his first wife moved to this State in the year 1840 and lived together as man and wife until the death of the mother of the heirs aforesaid which took place at the time aforesaid and that while residing citizens of this state before the death of the said Matilda Holladay they acquired in covenant the following slaves for life to wit: Robert, a man; Daniel, a man; Raney, a woman or girl which slaves formed a portion of the community property acquits and gains of the said Benjamin Davis & the said Matilda Holladay mother and father as aforesaid at the death of their mother he avers that these slaves belonged in equal portions to the mother and father of the heirs which he is herein representing and that their father Benjamin E. Davis whose Estate Plaintiff is praying a partition in this case and the said minors his children continued to hold said slaves after the death of their mother in common community until the death of their said father, the said slaves never having been divided by partition between them & their said father but after the death of their mother, their said father intermarried with the Plaintiff in this suit and that two children issue of their marriage as named in the Petition. Respondent further answers, avers that as legal descendants of their mother they are entitled to one undivided half of said slaves and that the other half of said slaves be equally divided & partitioned between them and their two half brothers and issue of their father’s last marriage, that is that they are entitled to six portions of said half while the half brothers are ownership of two parts he avers that said slaves have been estimated and placed on the inventory of their father’s Estate as belonging duly to his succession while in fact only one half of said slaves should have been inventoried as aforesaid wherefore respondent prays your Honorable Court that said slaves be declared the community property of the said Heirs father & mother as aforesaid and that the said heirs which he represents be declared the legal owners of one half of said slaves as legal children of the said Matilda Halladay, their mother, and the said slaves be struck from the inventory of the Estate of their said father, Benjamin E. Davis or so much thereof as they may be declared the owners and that said slaves be sold for a partition between them and their father’s succession and one half of the price of said slaves be delivered to them or their legal representative and that the other half of the price of said slaves go in to the mass of the succession of their father and be equally partitioned between the heirs thereof and that all the real estate and their slaves of their father’s estate be sold to make a partition as prayed for in Plffs. Petition and that if it should be necessary John Hill Administrator of the said Benjamin E. Davis Estate be made a party to this suit and served with this answer and prayer and that he the said John Hill be retained in the Administration of said succession. If necessary to have some person who may act contradictory to the respondent in having the slaves struck from the inventory of the said succession and for all further orders that the nature of the case may require and for general relief and that it be declared by the Court that the father of the said Heirs held these slaves or their interest therein as their Natural tutor &c. Henry R. Bryan appointed Curator Ad hoc by the court Probate Court of the Parish of Union in the partition of the property of Benjamin E. Davis, Petition of Tutrix, he does pray a partition of the negroes & other property Plff. offers proceedings of family meeting dated 11 Oct 1847 [unreadable] of Homologation marked A 2. Inventory Marked B 3. Final acpt. of John Hill [unreadable] marked C 4. The proceedings record & judgment in the case of Malinda Kelly [unreadable] for a Partition [unreadable] this 7th of Nov 1847. Avery Breed says he knew the boy Robert, the boy Daniel and the girl Raney were bought by Davis after he came to this State during the life of his first wife, knew Davis business well, he had not moved much money of the [unreadable] here before the purchased them negroes. Thinks it would be greatly to the advantage of the minors for the negroes to be sold there are several negroes getting old and would be useless and then they might be gone and the number of children it would lessen the value of the property. The Guardian in Miss Wm. Traylor wrote me to have a sale of the real estate and that the object was to get the property so it could be moved to Miss. Kelly Robert was bought a short time before he, Davis married the last time and after the death of his previous wife. The other two I think were acquired before her death and during which they were acquired before her death and during while they were both together living in this state. I think it is for the interest of the minors that the land & negroes should be sold as it would lessen the vale to divide it in kind. John Hill thinks the negroes ought to be sold for the reason assigned by Avery Breed thinks I would be of advantage to sell the land if it would anything like the appraisement. The above is all the testimony advanced on the trial of this case this 6th Nov 1847. Geo. W. Copley Judge of the 12th District Estate of Benjamin E. Davis, Decd. Malinda Kelly, Widow Davis Tutrix Petition for Partition amongst the Heirs of said Estate 12 Judicial District Court Parish of Union, Louisiana By reason of the law and evidence in this case after a full trial all parties being legally represented. It is ordered, adjudged & decreed by the court that there be a final partition of the Estate of Benjamin E. Davis, Decd. amongst the legal heirs thereof and between the two set of heirs as set forth in the petition this partition to be made by the Parish Recorder of said Parish so soon as the parties in the community in said Estate shall be made as per decree made this day. It is further decreed that all the negroes belonging to said Estate as per inventory be sold to effect a partition also that the land belonging to said Estate be sold the terms of sale of said negroes & land to be fixed by a family meeting to be convened for that purpose and that Avery Breed, Sheriff make said sale on or after the first day of January 1848. It is further decreed that the negroes Daniel & Raney contained on the inventory belonged to the community existing between the father & mother of the six children by a marriage previous to his marriage with Malinda Kelly. It is therefore decreed that the said six children are the owners of one half of said two negroes and the eight children the owners of the other half and said partition is to be made according to the rights as above set forth and that the Recorder s to appoint all necessary Tutors Ad hoc to set in said partition if any be necessary and that the Parish Recorder appoint experts to make said Division. Done & signed in open court the 6th of November 1847. Geo. W. Copley, Judge of the 12 District John Hill, Administrator of the Estate of Benjamin E. Davis, Decd. Final Account 1st The Adms. first charges himself with the whole amount of the Inventory of said Estate apprd. @ $14865.18 2nd The admr. charges himself with the several amounts of cash which has come into his hands belonging to said Estate which were not contained on the Inventory eight in property or cash see the items on voucher marked A 606.24 3rd The adms. charges himself with the excess of the amount of sales of the property sold over and above the appraised value of said property as contained on the inventory as per statement below including negro hire. Whole amt. of Inventory 14865.18 Appraised value of negroes $5250.00 Appraised value of land 3124.33 Appraised value of improvements 100.00 Notes of Inventory amt. 490.37 Notes of Acpts. amt. 1642.21 Notes on Cash amt. ___29.85 $10636.?6 The admr. credits to himself with the return inventoried and appraised at 5250.00 To return of all the land inventoried and apprd. @ 3124.33 To return of improvement on the 16th section inventoried & apprd. @ 100.00 Vou. # B To discount on store accounts by agreement with decd. in his life time proven by the debtors 186.82 B To amt. of notes which when placed in the inventory but were afterward proven to belong to other persons 70.12 C To errors discovered in the amount of the inventorial accounts 17.89 D To amt. of Articles inventoried used by family & otherwise apprd. @ 97.55 1 Cash paid B. B. Harrison act. clerk in Store 10.00 2 Cash paid L. L. Morris act. clerk in store 38.75 3 Cash paid C. I. martin act. clerk in store 1.00 Cash paid Postage on letters .40 4 Cash paid A. Edwards acp. 2.50 5 Cash paid H. McNeil acp. 3.00 6 B. R. Harrison acp. 63.58 Amt. of property sold & disposed of $4228.42 Amt. of these articles and by family of decd., see voucher marked D $97.55 Whole amt. of sales $5812.77 5909.32 __1680.91 17152.32 Whole amt. of postage .05 7 Cash paid E. H. Ecels acp. 1.36 8 Cash paid L. K. Thomas acp. 14.52 9 Cash paid Wm. Beds acp. 40.00 10 Cash paid C. A. Barris note acp. 333.68 11 same acp. 64.60 12 Cash paid L. D. Carr & Co. 132.09 13 Cash paid Mitchel & Lanis 90.17 14 Cash paid J. P. Kelly acp. __121.50 Amt. carried forward $9765.91 Cash paid expenses going to N. Orleans for Est. 8.00 Cash paid Postage .10 15 Cash paid I. W. Smith act. 102.62 16 Cash paid J. C. Kelsey act. 10.00 17 Cash paid Jno. Steel note & int. 215.54 18 Same acp. 2.48 20 Cash paid R. K. Love act. 15.00 21 Cash paid B. H. Jones act. 19.25 22 Cash paid Dr. Jno. Traylor act. 30.00 23 U. Bastrop & Int. act. 23.22 24 W. Hollis act. 23.74 25 W. Underwood Note & Int. 456.54 26 Tax receipt act. 51.05 27 S. I. Larkin act. 11.00 28 S. Traylor act. 19.25 29 L. K. Thomas act. 8.95 30 J. P. Kirkpatrick act. 7.44 31 G. H. Fitzgarrold act. 47.20 32 J. Naorsworthy act. 1.88 33 R. Edwards act. 1.00 34 D. Pucket act. 14.00 35 W. F. Bond Note & Int. 16.08 36 N. Willingham act. 3.50 37 L. B. Thomas act. 5.10 38 D. L. Collier act. 14.50 John Hill 4 bush seed peas 4.00 39 C. M. Smith, Parish Recorder 8.15 40 T. VanHook Probate fee, 124.56 41 McGuire & Ray attys. fee for Admr. 200.00 Adms. Commission at 2 ½ percent on $17,152.31 the amt. of the Estate ____428.80 $17,152.31 Since filing the within account, it has been discovered that the Admr. is entitled to some further credits and that he should be charged with some other debits The Admr. charges himself as follows: Balance of notes taken at the sale of the estate not included in the above acts 251.87 The amt. of Funderburk’s note _____11.29 $263.16 The Admr. credits himself as follows: Bal. of Malinda Davis’ note 78.41 Amt. of 2 notes in Inventory H. Martin for $10 G. W. Sims for $10 _____20.00 $90.41 ____263.16 This amt. to be charges against Admr. $164.75 42 Cash paid A. Breed Auctioneer & Sheriff _____83.71 Amt. carried forward $11,776.87 43 Cash pd. Notary fee to T. VanHook 5.00 44 J. J. Larkin acct. 30.00 45 Amt. of Inventorial accounts returned 367.16 Notes 359.60 Notes taken at the sale not yet collected returned 3337.40 Amt. of cash in hands of Admrs. ____878.97 $17,152.31 Amt. due John Hill as one of the Appraisers to the Estate previous to his appointment acting 6 days at $2 per day _____12.00 This leaves the cash balance 866.97 This Amt. of Error on opposite page ____164.75 $ 1031.72 Deduct for Judge Taylor fee for Inventory _____30.00 $ 1001.72 To the Honorable Judge of the Twelfth Judicial District Court in and for the Parish of Union, State of Louisiana. The Petition of John Hill, resident of your said Parish and State and Administrator of the Estate of Benjamin E. Davis, Deceased Opened & in a course of Administration in your said Parish with respect, represents unto your Honorable Court that he herewith present to your Honorable Court an account of his Administration of said Estate in which it will appear said Estate has been fully Administered so far as paying off all the debts and collecting the claims due the Estate so far as was in his power by which account it will appear your Petitioner after paying all the debts owing by said Estate has cash remaining on hand to the amount of Eight Hundred Sixty six Dollars, ninety seven cents ($861.97). If no error has been committed which preserves his right to correct is any should be discovered either for or against him. Petitioner has also in his hands all the property belonging to said Estate which was not sold. Also the notes and accounts uncollected all of which are fully stated in the annexed account & which he is ready to deliver over to the Heirs or legal representatives of said Benjamin E. Davis, Decd. Wherefore Petitioner prays your Honor for an order to have the annexed account advertised according to Law and that in due course of Law that your Honor approve, confirm & Homologate the same and that Petitioners be released from his Administration of said Estate and his bond be canceled so soon as he deliver over said Estate to persons legally authorized to receive it and for all such orders & decrees in the premises as the nature of the case may require & as in duty bound &c. McGuire & Ray Attys. for Admrs. It is ordered that the District Court Clerk of the Parish of Union Advertise the annexed account according to Law. Done & signed in Chambers this 11th day of October 1847. Geo. W. Copley Judge of the 12 District Estate of Benjamin E. Davis Final Account Thomas VanHook, the ten days of the Advertisement expired on yesterday, it was legally advertised. The above is all the testimony advanced on the trial of this cause this 6th day of Nov 1847. Geo. W. Copley Judge of the 12th District Estate of Benjamin E. Davis, Deceased Final Account of John Hill, Admr. 12th Judicial District Court Parish of Union, Louisiana By reason of the Law and evidence in this case and by further reason of the within account having been legally advertised for more than ten days before this date and having been no opposition to the same, it is therefore ordered, adjudged and decreed by the Court that the within final account of John Hill, Administrator be confirmed, approved & Homologated in all its parts. And it is further ordered that so soon as the Property and notes and accounts and cash mentioned in the within account shall be paid & delivered over to the Heirs & legal representative of the Estate of Benjamin E. Davis, Decd. The said Administrator John Hill be released from his Administration and all liabilities resulting there from and that his bond be then canceled and made void & that the Estate pay all cost of this account. done & Signed in open court on this 6th day of November AD 1847. Geo. W. Copley Judge of the 12th District To the Honorable Judge of the Twelfth Judicial District Court in and for the Parish of Union in the State of Louisiana. The Petition of Malinda Kelly, widow of Benjamin E. Davis, Dec. and tutor of her two minor children issue of her marriage with said Davis & who was in community with said Davis and John Hill, Administrator of said Davis Estate & assets for the guardian of the heirs of said Davis Estate, children by a former marriage with respect represents unto your Honor that there is a tract of land belonging to said Davis Estate known as the Underwood Plantation is yet unsold as it will not bring the appraised value of the same in community property and an order for a sale to effect a partition has been granted by this court on terms to be fixed by a family meeting and that said property has been offered and will not sell on such terms as was fixed by the family meeting. Wherefore Petitioner prays your Honor to order the sheriff to sell said property on such terms as all the parties interested may fix & for final relief &c. McGuire & Ray, Attys. It is ordered that the Sheriff make the sale of the property described in Plaintiff’s petition on the same terms of credit as is fixed by the family for whatever it may bring. Done & signed in open court on this 10th day of November 1848. Geo. W. Copley Judge 12th District To the Honorable Judge of the Twelfth Judicial District Court in and for the Parish of Union in the State of Louisiana. the Petition of Malinda Kelly, widow of Benjamin E. Davis, Deceased resident of your said Parish who herein petitions in her own right and as Tutrix of her minor children, Walter A. Davis & John K. Davis issue of her marriage with said Benjamin E. Davis, Deceased with respect represents unto your Honor that on the 6th day of November 1847, a judgment & decree of your Honorable Court was made decreeing a Partition of the property constituting the community between Petitioner and her deceased husband Benjamin E. Davis, Deceased contradictorily with the Heirs of said Estate who are your Petitioner two minor children above named and Benjamin F. Davis, William O. Davis, Thomas I Davis, Mary Francis Davis, Columbus C. Davis and Romalus A. Davis all minors and children of the said Benjamin E. Davis, Deceased by a former marriage. Petitioner further represents unto your Honorable Court that by said decree for a Partition, it was ordered that all the property belonging to said community should be sold in order to effect a Partition & it was further decreed in said Judgment that a family meeting be convoked to deliberate and advise upon what terms and conditions said sale should be made. All of which will more fully and at large appear by reference to said decree for Partition. Petitioner further represents unto your Honorable Court that on the same day to wit, the 7th November 1847, a judgment and decree of your Honorable Court was rendered decreeing a Partition of the Property comprising the Estate of Benjamin E. Davis, Decd. among the Heirs thereof or between or between the two sets of heirs above named and set forth and it was further decreed that all the property comprising said Estate be sold to effect a partition and that a family meeting be called to advise and recommend on what term and conditions said property should be sold all of which will more fully and at large appear by reference to said decree. Petitioner therefore in her capacity as Tutrix as aforesaid and in her individual capacity prays your Honorable Court to cause a family meeting to be convoked for the purpose aforesaid to meet before the Parish Recorder of your said Parish to be comprised of relations and in default of relations, friends and near neighbors and for all such orders and decreed in the premises as the nature of the case may require as in duty bound &c. McGuire & Ray, Attys. State of Louisiana Parish of Union Let the prayer of the above and foregoing petition be granted and it is ordered that a family meeting be convoked comprised of John Hill, Wiley Underwood, Samuel M. Barr, John Taylor and Lewis Lamar, friends and near neighbors in default of relations to said minors to meeting before Claiborn M. Smith, Parish Recorder in and for said Parish & State on the 3d day of January 1848 at his office in the Town of Farmerville at 9 o’clock Am to take into consideration the Prayer of the above Petition and the decrees and Judgments therein referred to touching the interest of the minor children of Benjamin E. Davis, Deceased & that the Under Tutor be also present. Done & signed on this 3d day of January AD 1848. Thos. VanHook, Clerk State of Louisiana Parish of Union Before me the undersigned authority personally came and appeared, John Hill, Wiley Underwood, Samuel M. Barr, John Taylor & Lewis Lanear, members of a family meeting convened to advise and recommend touching and for the interest of the minor children of Benjamin E. Davis, Deceased in relation to the matter stated in the foregoing petition for this family meeting who do solemnly swear that we will advise and recommend for the interest of said minors in said matter to the best of our knowledge & belief and that we will discharge and perform all and singular the duties incumbent on us as member of said family meeting to the best of our knowledge and understanding. So help us God. John Hill W. Underwood S. M. Barr Lewis Lanier John Taylor Sworn & Subscribed before me on this 3rd day of January 1848. C. M. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this 3rd day of January 1848, I Claiborn M. Smith, parish Recorder, duly commissioned and sworn according to law in and for said Parish and State, in pursuance to the order of the Honorable Twelfth Judicial Court dated the third day of January 1848 directing me to cause John Hill, Wiley Underwood, Samuel M. Barr, John Taylor and Lewis Lanear, friends and near neighbors in default of relations to said minors members of a family meeting to meet before me at my office in the Town of Farmerville in and for said Parish at 9 o’clock on this the 3rd day of January 1848 to act as a family meeting to advise and recommend touching and for the interest of the minor children of Benjamin E. Davis, Deceased in relation to the matters and things stated in the Petition of the Family meeting. I have caused said persons to appear before me as ordered and have also notified and caused John C. Kelly, under Tutor to appear and be present and assist in said family meeting to advise and recommend touching and for the interest of said minors in the matter submitted to them in the Petition & judgments therein referred to praying for this family meeting. After mature reflection and mature deliberation do advise and recommend as follows: That all the community property be sold but unless the appraised value thereof be bid, that it be not sold and the auctioneer be authorized to withdraw it unless the appraised value be bid and that if the property be sold that it be sold on times of one two and three equal annual installments from the day of sale each installment to draw eight percent per annum interest from the day of sale purchaser to give personal security to the satisfaction of the Auctioneer and Administrator and a special Mortgage retained on the real property. It is also ordered that all the separate property belonging to the Estate of Benjamin E. Davis, Decd. be sold on the same terms as the above community property and that the same security and mortgage be retained and that the same be not sold unless the appraised value thereof be bid. In testimony whereof we said members of family meeting have hereto signed our name in presence of Stephen McGill & George A. Killgore, witnesses of lawful age and domesticated in said Parish who have also hereunto signed their names together with me the said Parish Recorder on this 3d day of January 1848. In faith whereof, I have hereto signed my name and affixed my seal of office. George A. Kilgore John Taylor S. A. McGill W. Underwood C. M. Smith, Recorder Lewis Lanear S. M. Barr John Hill I, John C. Kelly, Under Tutor hereby freely approve and concur in the foregoing proceedings of family meeting having been present and assisted therein and further pray the same be Homologated. J. C. Kelly Under tutor To the Honorable Judge of the twelfth Judicial District Court in and for the parish of Union in the State of Louisiana. The Petition of Malinda Kelly, widow of Benjamin E. Davis, Deceased and Tutrix to her minor children, Walter A. Davis and John K. Davis, residents of your said Parish and State hereby present to your Honorable Court the foregoing and within proceedings of a family meeting and prays the same be approved and homologated according to Law and for all such orders and decrees in the premises as the nature of the case may require as in duly bound &c. McGuire & Ray, Attys. State of Louisiana Parish of Union Let the prayer of the within petition be granted and it is ordered that the foregoing and within proceedings of family meeting be approved, confirmed & homologated according to law in all its parts. Done & signed on this 3d day of January 1849. Thos. VanHook, Clk. State of Louisiana Parish of Union Be it remembered that on this 10th day of February 1848, in pursuance to advise of the Honorable twelfth Judicial Court in and for said parish and State dated 6th day of November 1847 in the case entitled Malinda Kelly, alias Davis, Tutrix, Petition for Partition amongst the Heirs on file and of record among the papers relating to the succession of Benjamin E. Davis, Decd. in the Clerks’ office for said Parish to make a partition among the Heirs of Benjamin E. Davis, Decd. of his Estate. I have this day at the house of John Hill in said Parish proceeded to make said Partition and in order to do the same in conformity to law & said decree, I have appointed Avery Breed & Samuel Traylor legal and competent person, experts to appraise at the same and all the heirs being minors two of which Walter A. Davis & John K. Davis being represented by Malinda Kelly, their mother & tutor and the other six to wit: Benjamin F. Davis, Walter O. Davis, Thomas J. Davis, Mary Francis Davis, Columbus C. Davis & Romalus A. Davis having no Tutor. I have appointed John Hill, tutor ad hoc to represent their interest in said partition & having sworn said experts and tutor as hoc according to law. We have proceeded to make the Partition between the above sets of heirs on the basis established in said decree for partition which decree is here referred to for great certainty. First we proceeded to find the entire mass of the property to be divided as follows: The mass of the property as assets belonging to the Estate of Benjamin E. Davis, Decd. to be divided is as follows: First, the notes and accounts which constitutes the one half of the community existing between the Estate and Matilda Kelly, widow of said Davis Decd. as will appear by reference to a partition of said community this day made amounting to $2423.07 Second, the one thousand dollars owing by said community to the heirs of said Davis, Decd. was paid as follows: Amt. of Expense of Administering the separate property of the estate $608.77 3 notes of Jeptha Hugs amounting to 102.50 Note of L. Barr due Jany. 3/49 171.66 Cash 171.07 391.23 Third, Cash as per partition of the community above referred to $435.28 Fourth, Separate property sold on the 3d of January 1848 __$11,155.43 Gross amount of Separate property $14,405.07 The following expenses are to be paid: Recorders fees for the Partition $6.00 clerk’s fees for homologation 5.00 Auctioneer’s commission on $11,155 65.77 _____76.77 Net amount to be divided $14,328.30 There are eight children and legal heirs of the Estate of Benjamin e. Davis, Decd. being six children by one marriage and two by a second marriage and the object of this Partition is to divide the Estate between the two sets of heirs. The experts therefore without dividing the notes into four or eight separate lots have perused the following course with all the notes which have been given to the succession since the death of Davis as they are all considered good. To set apart to the two children of Malinda Kelly one fourth of said notes bearing the same rate of interest as follows. The whole amount of notes taken at the sale on the 3rd Jany. 1848 belong to the estate is $11,601.26 From this amount to be deducted one half of the price of the two negroes Daniel & Raney who sold for $1801 ½ as per the decree for Partition $900.50 $10,700.76 The two children by the late marriage is entitled to one fourth of this amount which is $2675.19 We set apart in payment of this amount the following notes: 3 notes of I. C. Kelly for $485 each payable 3d day of January 1849, 1850 & 1851 8 per cent Int. from Jany. 3/48 1455.00 3 notes of J. T. Morrison for $345 each payable the 3d day of January 1849, 1850 & 1851 8 percent interest from Jany. 3/48 1035.00 Cash ___185.19 $2675.19 There are belonging to the succession notes giving at the sale of the person property which bear interest at 8 per cent from 15 March 1847 to the amount of (see the partition of the community property) 1332.31 One fourth goes to the two heirs above described 333.68 We set apart to pay this the following of said 2 notes Wm. Robinson together 130.48 2 notes of L. P. Seals 147.38 Note of Josiah Parker 27.96 Cash __27.31 There are belonging to the Estate of Notes drawing eight per cent interest from Jany. 1/48 amount $333.68 Described in the partition of Community property $688.19 One fourth belongs to the said two heirs 172.04 To pay this we set apart to pay this Note of S. M. Barr $114.26 Note of S. M. Barr 21.30 Note of J. G. Sims 16.50 Note of T. M. Hand 13.26 Ball of cash ____6.72 $172.04 There are of inventorial accounts which are returned by the administrator & which belongs to the Estate and which are considered good (See partition of Community property) amount 129.24 One fourth belongs to the two above heirs ___32.31 We set apart of the above account to pay this J. I. Gibson’s account 22.37 J. G. Hill’s account 9.00 John Glesson’s account ____1.00 $32.37 There are of accounts deemed doubtful returned by the administrator & which were inventoried to the amount of $57.80 Also notes of the same description amount __43.87 (See Partition of Community Property) 101.67 The fourth belongs to the two above heirs 25.41 We set apart to pay this Nancy Roark’s account 19.18 Jas. Vance acct. $1.98 & G. W. Wasser acct. $4.33__6.81 $25.49 There is belonging to the Estate in cash on hand of the admr. after paying $76.77 the expenses of this Partition (See first part of this Partition) 475.58 One fourth of this is coming to the two heirs 118.87 Having divided as above all the assets belonging to the said Estate so far as it has been shown to us or come to our knowledge except some lands belonging to the Estate which have not yet been sold and can’t be divided in kind. The portion of one fourth as above set apart is to the two minors Walter A. Davis and John K. Davis represented herein by their mother and Tutrix, Malinda Kelly who is herein represented by John Ray, her attorney and the other six heirs who are minors are represented herein by John Hill as Tutor Ad Hoc. Their names being Benjamin F. Davis, William O. Davis, Thomas J. Davis, Mary Francis Davis, Columbus C. Davis and Ramalus A. Davis and this act of Partition having been signed by all of the above parties and we the experts having also signed the same together with the parties and undersigned witnesses all of which was done under the directions of the Parish Recorder according to law. In faith whereof I said Parish Recorder have also hereto signed my name and affixed my seal of office on the date above the 10th February 1848. J. H. Traylor Avery Breed J. C. Kelly Sam Traylor C. M. Smith, Recorder Jno. Ray, Atty. for & Ex Officio Notary Public Malinda Kelly, Tutrix John Hill, Tutor Ad Hoc State of Louisiana Parish of Union We Avery Breed and Samuel Traylor do solemnly swear that we will discharge and perform all and singular the duties incumbent on us as experts appointed by the recorder to partition the Estate of Benjamin E. Davis, Decd. between the two sets of heirs of said Estate according to law to the best of our knowledge & belief. So help us God. Avery Breed Samuel Traylor Sworn & subscribed to before me on this 10th day of February 1848. C. M. Smith, Recorder State of Louisiana Parish of Union I, John Hill, do solemnly swear that I will discharge and perform all and singular the duties incumbent on me as tutor Ad Hoc to the minors Benjamin F. Davis, William O. Davis, Thomas J. Davis, Mary Francis Davis, Columbus C. Davis and Romalus A. Davis in making a partition of the Estate of Benjamin E. Davis, Deceased among the two set of heirs thereof to the best of my knowledge & abilities. So help me God. John Hill Sworn & subscribed before me on this 10th day of February 1848. C. M. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this 10th day of February 1848 in pursuance to an order of the Honorable twelfth Judicial District Court in and for said Parish and State dated 6th day of November 1847 in the case entitled. Petition of Malinda Kelly widow Davis for partition of the community on file and of record in the clerk’s office of said Parish among the papers relating to the succession of Benjamin E. Davis, Decd. directing me Claiborn M. Smith, Parish Recorder in and for said Parish and State to make a partition of the Community property between Malinda Kelly, widow of Benjamin E. Davis, Decd. and the heirs of Benjamin E. Davis, decd. in conformity to the basis established in said decree for a Partition which is here refund to for great certainty. I have this day at the House of John Hill in said Parish and State to make said Partition. I have first in pursuance of said decree for partition and in pursuance of law appointed Avery Breed and Samuel Traylor residents of said parish and slate and in every respect legal and competent persons as Experts to assist in making said Partition and in as much as these are all minors and either represented by their mother or not represented at all I have appointed John C. Kelly, Tutor Ad Hoc to all the heirs who are all minors as aforesaid to attend to their interest in this Partition which experts and Tutor Ad Hoc having been duly sworn by me according to law have proceeded to make said Partition by ascertaining the mass of the community property as follows: The community property consist in the following: Item as exhibited principally by the final account of John Hill, Admr. Homologated on the 6th Nov. 1847. Amt. of Inventorial accounts returned $367.16 Amt. of Inventorial accounts returned 259.61 Notes taken at sale of personal property & not collected retd. 3837.40 Amt. of cash in hands of Administrator 1001.72 Amt. of Law charges and expenses impaired by commissioner 608.77 Amt. sale of tract of Community Land Jany 5, 1848 to Barr 515.00 Amt. sale of tract of Community Land Jany 5, 1848 to Hughs ___102.50 $6692.16 There is to be paid to the Estate of the community property as per decree of the Court ___1000.00 $5692.16 Out of this amount is to be taken the following Expenses Auctioneer Commission on $617.50 $6.16 Recorder’s fee for making this Partition 6.00 Clerk’s fee for homologating & Recording _5.00 __17.16 $5675.00 The item in the above estimate of $608.77 is the amount of Law charges that had been paid by the Community as charged in the final account of the Administrator which the decree of court ordering this Partition was to be paid by the separate Property. In order to pay the $1000.00 which is owing by the community to the Heirs as per decree and as is above set forth, we set apart. First the amount of the Law charges as paid by county 608.77 Second the note of Jeptha Hughs 162.50 Third we set apart not of L. Barr due Jany. 3/49 171.66 Cash __117.07 $1000.00 We have proceeded to divide the following notes and accounts into two equal lots as near as may be as follows: Lot No. 1 Inventorial Accounts C. M. Smith (Cash) 10.88 Wm. Colberts 8.44 W. C. Fitgarrold 2.08 B. C. Williams 2.50 Joice E. Guice 1.09 Geo. Powell 1.50 Mrs. Roan 2.00 Avery Heath 6.50 Jno. Norsworthy 3.50 J. A. R. VanHook 35.73 E. Denton 7.13 Wm. Robinson 43.56 B. Stendevant ___3.24 $128.26 Lot No. 2 Inventorial Accounts John Glasson 1.00 J. G. Gibson 22.37 Dr. G. M. Savage 21.26 W. R. Valentine (Cash) 12.52 J. G. Hill 9.00 C. H. Vance 19.93 M. Day (Cash) 30.58 G. W. Sims (Note) 7.47 John Brown ___5.11 $129.24 Balance .29 The above acts are all considered good. No. (1) D. Puckets, act. 31.21 L. Ratliff 11.50 E. Gwines 5.27 H. Glasson 2.20 C. Davis ___6.60 $ 56.67 Balance .93 No. (2) Wm Hollis, act. 2.44 J. Blann 1.73 W. C. Dunn 11.91 Nancy Roan 19.18 Jas. Vance 1.98 G. A. Wasson 4.33 F. Wheeler __16.23 $ 57.80 The above accounts are considered doubtful. The two following acts are entirely worthless. G. W. White’s acct. 13.06 M. White acct. ___2.26 $ 15.32 The following are the inventorial notes returned by the Admr. No. 1 D. Pucket (ball.) 18.83 L. P. Kirkpatrick 30.00 Int. to Jany. 1/48 ___4.80 $ 53.63 No. 2 L. L. Mann 20.70 Jno. Norsworthy 21.39 Int. to Jany. 1/49 ___1.78 $ 43.87 Balance 9.76 The two notes of James Hilliard for $53.69 are considered worthless 53.69 The following notes taken at the sale drawing int. from March 15/49 No. 1 Traylor & Bradford 452.71 John Traylor 72.20 Same 58.76 D. Pucket 46.79 W. R. Valentine 15.95 Jas. Cole 18.21 Same 8.64 J. G. Hill 9.14 J. A. R. VanHook 11.70 Same 50.23 Jesse Brantly 86.94 N. G. Blassinger 28.68 W. F. Bond 23.92 G. W. Sims 36.52 Melinda Davis 257.14 Same 76.58 J. H. Griffin ____81.00 $ 1333.11 No. 2 Traylor & Bradford 569.10 M. O. Ellis 37.00 Same 38.30 Josiah Parker 27.96 L. L. Mann 18.98 D. B. Trousdale 9.50 Jno. Rayburn 22.16 W. A. Glosson 17.00 L. Green 37.38 Same 23.20 M. A. Atkinson 22.93 Jno. Norsworthy 14.41 Jno. Traylor 75.00 W. R. Valentine 19.59 J. C. North (Not here) 22.13 Wm. Hollis 14.11 T. VanHook (cash) 26.25 John Brown 9.50 Wm. Robinson 17.00 Same 13.40 L. P. Seals (2 notes) 147.38 A. J. Holladey ___50.00 $1332.31 Balance .80 The following notes draw interest from Jany. 1, 1848 No. 1 C. H. Raley 127.00 S. L. Moses 100.00 T. M. Hand 170.00 R. Lassiter 130.00 M. Davis 139.34 Same ___15.60 $ 681.94 Balance 6.25 No. 2 A Armstrong 318.00 G. W. Sims 16.50 S. M. Barr 21.30 S. Lanear 10.00 G. W. Sims 100.00 H. Funderbuck 11.29 Int. to Jany. 1/49 .73 S. M. Barr 114.26 Dr. Armstrong 78.10 Int. to Jany 1/48 4.75 Thos. M. Hand ___13.26 $ 688.19 Notes of the community property taken at the sale Jany. 3/48 bearing eight per cent int. from date. No. 1 L. Barr due jany. 3/50 $171.66 2/3 No. 3 L. Barr due Jany. 3/50 $171.66 2/3 Recapitulation No. 1 No. 2 $ 128.95 129.24 56.87 57.80 53.63 43.87 1333.11 1332.31 681.94 688.19 171.69 171.66 __432.69 Distribution Cost to Balance __435.28 $2858.35 $2858.35 We the aforesaid experts having as above divided the assets belonging to said community into two lots of value and amounts as near equal as possible have caused tickets numbered one and two to be drawn for and John Ray, Attorney for Malinda Kelly drew for her Lot No. one and John C. Kelly, Tutor ad hoc drew Lot No. Two which lots are fully set forth and described in this Partition each Lot amounting to the sum of twenty eight hundred and fifty eight dollars and thirty five cents. In faith whereof we the said experts and recorder and John Ray, Attorney for Malinda Kelly and John C. Kelly, Tutor ad hoc for the heirs of Benjamin E. Davis, Decd. have this day signed our names hereto in presence of the undersigned witnesses. In faith whereof, I have hereto signed my name and affixed my seal of office the date above February 10th 1848. John Hill Saml. Traylor J. H. Traylor J. C. Kelly, Tutor ad hoc C. M. Smith Jno. Ray, Atty. for Malinda Recorder & Ex Officio Kelly Notary Public State of Louisiana Parish of Union We Avery Breed & Samuel Traylor do solemnly swear that we will faithfully and impartially discharge and perform all and singular the duties incumbent on us as experts, appointed by the Parish Recorder to make a partition of the Community Property between Mrs. Malinda Kelly, widow Davis and the heirs of Benjamin E. Davis, Deceased to the best of our knowledge and abilities. So help us God. Saml. Traylor Avery Breed Sworn subscribed to before me this 10th February 1848. C. M. Smith, Recorder State of Louisiana Parish of Union I, John Kelly do solemnly swear that I will faithfully and impartially discharge and perform al and singular the duties incumbent on me as Tutor ad hoc to the minor heirs of Benjamin E. Davis, Decd. to the best of my knowledge & abilities. So help me God. J. C. Kelley Sworn & subscribed before me on this 10th day of February 1848 C. M. Smith, Recorder To the Honorable Judge of the Twelfth Judicial Court in and for the Parish of Union in the State of Louisiana. The Petition of Malinda Kelley, Widow and relict of Benjamin E. David, Decd. with respect represents to your Honorable Court that she herewith presents the annexed act of Partition of the community property between herself and her late deceased husband’s estate, Benjamin E. Davis, Decd. Which has been made in conformity to a decree of your Honorable Court in conformity to Law. All parties being represented therein which act of Partition your petitioner prays your Honorable Court to approve, confirm & Homologate in all its parts according to Law and for all such orders and decrees in the premises as the nature of the case may require & as in duty bound. McGuire & Ray, Attys. I approve of the annexed act of partition and pray the same be affirmed &^ Homologated on behalf of the heirs of Benjamin E. David, Decd. J. C. Kelly Tutor ad hoc State of Louisiana Parish of Union By reason of the petition and recommendation of the parties and the law and evidence, it is ordered, adjudged & decreed that the foregoing and within act of partition of the community property of the Estate of Benjamin E. Davis, Decd. be approved, confirmed & Homologated in all its parts and that the property and assets be delivered over to the parties in interest or their legal representatives according to law. Done & signed in chambers this 12th day of February 1848. Geo. W. Copley Judge of 12th District ############################################################# File at: http://files.usgwarchives.net/la/union/court/davis-be.txt