1847 - 1848 Succession of Nancy Miriam Evans, Deceased, Union Parish Louisiana Submitted by: Shawn Martin Date of Submission: May 2009 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= ================================================================================= 1847 - 1848 Succession of Nancy Miriam Evans, Deceased, Union Parish Louisiana Union Parish Louisiana Succession Book A, pp. 244-271 ================================================================================= ================================================================================= NOTE: See also these related files: http://files.usgwarchives.net/la/union/court/kellam-james.txt http://files.usgwarchives.net/la/union/court/kellam-jw.txt http://files.usgwarchives.net/la/union/court/kellam-cl.txt ================================================================================= ================================================================================= To the Honorable Judge of the Twelfth District Court holding session in and for the Parish of Union, State of Louisiana. The Petition of George M. Savage, a resident of the Parish of Union and State of Louisiana with due respect showeth that his wife Nancy Marian Evans, late a resident of said Parish departed this life, on the 19th day of July 1847 in Lewis County, Kentucky. She was on a visit. You Petitioner represents that said decedent left an Estate and left no descendants. He further represents that the said Descendent left a Last Will and Testament. The same being an alagraphic Will dated on the 27th day of May 1847 in the said Parish of Union as will appear by reference to said Will, which is produced, that by the said last Will, the said Decedent & citation appointed your petitioner Executor and thereby also made your Petitioner her instated heir and universal legatee bequeathing him all the property owned by her or in her possession at the date of her decease. That the only person who could claim any interest in said succession in case the said decedent should have died intestate are Eliza Foy, Widow Killam, mother of said decedent, resident of the parish of Union and James W. Killam, a minor issue of the marriage of said Eliza Foy, Widow Killam with James Killam, decd. and of whom the said Eliza Foy, Widow Killam is natural Tutrix. Your Petitioner prays that the said will be opened and proved according to Law and that the said be admitted to Probate and its execution ordered and that your Petitioner be confirmed, recognized and allowed to qualify as testamentary Executor. He prays that the time be fixed for the Probate of said Will and that the said Elisa Foy, Widow Killam for herself and as Natural Tutrix of her minor son, James W. Killam be duly notified and for general relief in the premises. Wasah Garett, Attys. State of Louisiana Parish of Union Let the prayer of the Petitioner be granted and let the application of said George M. Savage be heard in open court on Friday the 5th day of November AD 1847 at the Court House in the Town of Farmerville in the said Parish of Union and let the said Will be produced and the evidence as required by Law be recorded at the said time and place due notice thereof being given to Eliza Foy, Widow Killam for herself and as Natural Tutrix of her minor son James W. Killam. Done and signed in chambers the 4th day of November AD 1847. Geo. W. Copley Judge of 12th District Service acknowledged and intuition waived and notice of time of sitting of Court to act in the application for Probate of the Will also acknowledged and the legal delay waived. Nov. 4, 1847 Eliza Killam State of Louisiana Parish of Union George M. Savage being duly sworn maketh oath that Nancy Marian Evans, late wife of the aforesaid desponent departed this life on or about the 19th day of July AD 1847 in Lewis County, Kentucky where she was at that time on a visit. Geo. M. Savage Sworn to and subscribed before me the 4th day of November AD 1847. Thos. VanHook, Clk. By reason of the Law and evidence being in favor of the Petition and on due and legal proof it is ordered, adjudged and decreed that the olographia last will and testament of Nancy Marian Evans, deceased wife of George M. Savage dated at the town of Farmerville, Union Parish, La. May 29th AD 1847 be a matter of Probate that the said will be executed and recorded and that the said will be deposited in the Office of the Clerk of the twelfth District Court in and for the Parish of Union in said State of Louisiana after having been signed no valuation at the beginning and end thereof the whole of said will being on one page and it is further ordered and decreed that George M. Savage be acknowledged and confirmed a testamentary Executor. The cost to be paid by said Estate. Done and signed in open Court this 4th day of November AD 1847. Probate Court in the matter of Probating the will of Nancy Mariam Evans Henry R. Bryan being called and sworn in open court says that the will was left in his custody and that he put three seals or wafers upon it himself and sealed it up. The instrument presented to him is the Instrument he sealed up that he was not requested by any person to seal it up but done it in his own accord. The instrument which he now holds in his hands referred to above dated on the 27th day of May 1847, says he heard nothing about how the seals become broke. It went out of his possession without being broke. H. R. Bryan Thos. VanHook being called and sworn in open court says he recognizes the Testament as entirely written and dated in the handwriting of the Testatrix from having see her after writing and signing in her life time and also signed in the Testatrix hand writing. The will referred to as dated the 27th May 1847 and purports to be the will of Nancy Mariam Evans. Thomas VanHook Ellan Hendenfeldt Being called and sworn in open court says that he recognizes that the will dated on the 27th May 1847 as being entirely written dated and signed in the hand wiring of the Testatrix from having seen her writing and sign in her life time. The will referred to above purporting to be the will of Nancy Mariam Evans except that he does not recollect that he ever saw her make a figure. Cross Examined Witness says that when the will was presented to him for inspection a day or two ago in the Court House, it was unsealed at the time it was presented. He was asked if he recognized the handwriting of Nancy Mariam Evans to which he thought it was. I was asked previous to its being presented to me if I could recognize the handwriting of Nancy Mariam Evans and I answered I thought I could. If this instrument had been presented to me without the signature, I would have recognized as her hand writing from the fact that my name would have been directed to it from the subject matter, but is probable if not so directed I would not have recognized it in fact. I do not think I should. E. Heydenfeldt Henry R. Bryan Called again by the defendant Eliza Killam. Says I was asked or requested to walk up to Dr. Savage’s house to see a will written. It was D. A. Savage asked me to go. This is the paper I saw Mrs. Savage write, sign and date. There was another instrument laying on the table when she was writing this one which she appeared to be used as a form to enable her to write one. She was looking on that instrument referring to it as a form to write this by. I think as well as I recollect that Instrument was in Mr. Regenburg’s hand writing. That there was one or two more papers written on in Mrs. Savages hand writing laying on the table at the same time, one of those other contained the two first sentences, that is in this in her hand writing. This is pretty near in the same declaration as the other I think it contained about the same language, but I can’t say that is a copy. I was very well acquainted with Mrs. Savage for a year two in conversing with her I considered her a very intelligent woman. Cross Examined Witness says I was up at Dr. Savage’s house some days before the Will was written. My wife was with me at the time. Mrs. Savage was in a very low state of health. She observed that she did not expect to live long and she would in case of her death and the death of her child. She wanted Dr. Savage to have all of her property. Subsequently she was speaking to me about making a will rather as a counsel in what way to make so it would be legal. She appeared from the conversation to want to know how to make a will so that her property should all go to Dr. Savage in case her child was to die before she did. She seemed to be very anxious about making a will so far as I could gather. At the time she was writing the will she appeared from her demeanor and conversation to understand and was anxious to make a will that would stand in Law willing all of her property to Dr. Savage in case her child should die first. H. R. Bryan Henry Regenburg being called and sworn in open court says: If I did not see this one written, I have seen one very much like this one written. I refer to the instrument now in my hand purporting to be the will of Nancy Miriam Evans dated May the 27th 1847 Mrs. Savage was writing. She having a copy on the Table that she was writing this one by Dr. Savage, her husband, was also present at the time the copy she was writing by was in my own hand writing. Dr. Savage, herself and Mr. Bryan had been talking about making a copy by which a will might be made. It was in consequence of that conversation that I made the copy I have just spoken of. In the conversation that occurred it was observed that if the handwriting could be proven that the form of the will itself would not make no great difference and Dr. Savage requested me that in order to become acquainted with her hand writing and signature to go down to his house to see Mrs. Savage write at this time the Dr. & his wife had a child there alive, but it was very sick. The Dr. and his wife, I think, left some in June for Kentucky. Cross Examined When Mrs. Savage was writing at the time referred to she did not appear to be under any restraint and that Dr. Savage requested her one or twice to lay down. She appeared to be somewhat ill. I don’t recollect whether it was Dr. Savage or Mr. Bryan that requested me to write that form. In fact, I don’t recollect whether I was particularly requested to write or not. Ex In chief [sic]. The will was written at Dr. Savage’s house here in town. H. Regenburg The will is offered in evidence and Marked "A." Thos. Van Hook being called by the Plaintiff again says that Mrs. Savage had conversed with him several times about making a will and appeared to be desirous to make a will to give her property to Dr. Savage in case her child died before she did and she expressed a belief that now her child would live long at one time last spring while Dr. Savage was gone to New Orleans she introduced the subject to me and said when the Dr. came home, she would make a will in the way above stated. Thos. Van Hook Daniel K. Quilling Being called and sworn in open court says that he recognizes the handwriting as being Mrs. Savages, Dr. Savage’s wife, the wife of George M. Savage. I recognized the instrument presented to me for inspection dated on the 27th May 1847 as being entirely written, signed and dated as in the hand writing of Nancy Mariam Evans, the Testatress as having often seen her write and sign in her life time. Cross Examined Witness says yes the instrument was presented to me I saw it but did not read it merely glanced over it as I would a bank note to see if I could recognize he signature. I recognized the instrument and passed it off. It was then not sealed up, but the seals were broken as I thought I never saw it when it was sealed. It had the appearance of having once been sealed. The hand writing of that length, I would recognize any where without the signature or reference to the contents of "A." I would recognize the signature any where. Dr. Quilling An act to emancipate Nancy Mariam Evans, wife of George M. Savage approved the 29th Jany. 1847 being No. 20 of the session of the acts of 1847 offered as evidence. Robert F. McGuire being called and sworn in open Court. I have known Nancy Mariam Evans, wife of George M. Savage all her life. She was born before the marriage of her father & mother but they subsequently did marry. I have heard both the parents acknowledge the child and she was raised in the family as their child and lived with the father and mother until the death of the father and afterwards with the mother until her marriage always acknowledged her as their child. Cross Examined Have heard both the father and mother acknowledge the child before their marriage after it was born. I have seen the mother suckling of it and calling it her child and she was gratified when she was informed that Mr. Evans, the father had made a written acknowledgment of the child that was before the marriage. This evidence is not received for the purpose of establishing the existence of the written instrument or its contents. R. F. McGuire John Taylor being called and sworn in open court, says nothing. I certify that the above and foregoing is all the testimony or evidence advanced on the trial of this case. In testimony whereof, I have hereto signed my name on this the 6th day of November AD 1847. Thos. VanHook Succession of Nancy Mariam Evans Eliza Killam opponent In this case to parties consented that the Judge may render the Judgment in chambers and send the same to the court and that after notice by the Judge verbally at Monroe to the parties or their Attorneys twenty days shall be allowed to the parties to take an appeal and it is further consented that the order of appeal rendered in Monroe shall have the same effect as if rendered in open court at Union Parish, La. And it is further agreed that John T. Sterling & W. W. Farmer be appointed keepers of the property until inventory be made on or both. Baker H. Bailey, Attys. R. F. McGuire R. W. Richardson & Sharp This agreement after examination is approved of by the Court. Done & Signed in open court this 6th day of November 1847. Geo. W. Coply Judge of the 12 District To the Honorable the Judge of the 12th Judicial District Court in & for the Parish of Union & State of Louisiana. The petition of Eliza Foy, Widow Killam, resident of said Parish with respect sheweth that Nancy Mariam Evans, her daughter wife of George M. Savage of the same residence departed this life intestate on the 19th of July 1847 in Lewis County, Kentucky where she then was upon a visit. Said Nancy Mariam left a large estate consisting of property real and personal, rights, credits &c part of it in the Parish of Ouachita and part in said Parish of Union her domicile. Your petitioner avers that said Nancy Mariam left no descendants and only the following heirs to wit: Your petitioner her mother entitled to one fourth of her estate and one maternal brother, the son of your Petitioner by her marriage with James Killam, decd. named James W. Killam, a minor and to whom your petitioner is natural Tutrix duly confirmed. A small portion of the property of said Estate is in a marriage community existing until the death of said Nancy Mariam between her and her surviving husband, George M. Savage. Wherefore your Petitioner prays your Honor to cause an inventory and appraisement to be made of the property comprising said Estate both in the Parish of Union & Ouachita and that she be appointed administratrix and that said George M. Savage be notified hereof and be present at making the inventories and that you make such further orders and decrees in the premises as may be necessary to afford general relief & as in duty bound &c. McGuire & Ray, Attys. Service acknowledged and citation waved Nov. 4, 1847. George M. Savage To the Honorable the Judge of the 12th Judicial District Court in and for the Parish of Union & State of Louisiana. Eliza Foy, the widow Killam, with respect sheweth to your Honor that George M. Savage of the said Parish has presented a petition to your Honorable Court alleging the death of his wife Nancy Mariam Evans & alleging that she left an olographic Will making him universal legate & appointing him Executor and praying your Honor to Probate the will appointing him Executor and recognize him as universal legatee. All of which your appearer [sic] to whom she is Tutrix is the maternal brother and the only collateral relative of the deceased & entitled to there fourths of the Estate. This appearer avers that the deceased could not by Will deprive her of the one of her Estate had she made a will which she denies. She avers that if it should be proven that the deceased did write a paper purporting to be a Will, it was not her will but one dictated to her by her husband under marital authority that he furnished her in writing a Will and caused her to copy it an sign it as her own. When it was not the presumption is that she would not have made such a will as at that time, she had a child alive who only died eight days before its mother died, but was alive at the date of the will & the mother would not of her own accord deprived her child of every part of her property. Your appearer avers she has filed in your Honorable Court praying o have an Inventory & appraisement & administration of the Estate & which she prays may be cumulated herewith. Wherefore she prays Judgment as heretofore in said petition comes dated herewith. That the pretended Will be declared to be null and void & of no effect as not having been made by the deceased or if written by her which is not admitted, it was not her will or wish, but only made under the directions & procurement of her Husband and the property comprising the Estate belongs one fourth to the appearer and three fourths to her minor son to whom she is Tutrix. Or should said Will be established to the satisfaction of the Court, then she prays your Honor to reduce the legacy to the disposable portion and decree that she recover the one fourth of the Estate in her own right as surviving mother of the deceased and that your make such other & further decrees in the premises as may be necessary and to afford general relief and as in duty bound &c. McGuire & Ray, Attys. The matter of the Probate of the Will of Nancy Mariam Evans Opposed by the mother of the Testatry. Be it remembered that when the will was produced in Court and about to commence proof of it on inspection, it appeared to have been sealed up in the form of a letter with three wafers, but the seals had been broken and the packet opened before bringing it into Court whereup the opponent by her counsel objected to the Court receiving any proof of it as it should have been opened by the Judge in open court in presence of the parties, which objections were over ruled and evidence received. The plaintiff G. M. Savage by counsel then offered evidence to prove the will and how the seals were put upon the Will which was objected to by counsel for opponent on the ground that until the breaking of the seals was accounted for no evidence upon it could be received, which was overruled by the Court & the evidence received. The opponent offered to prove by cross interrogating a witness that the deceased was not sixteen years old when she died which was objected to by Counsel for Plaintiff on the grounds that the fact had not been specifically set forth in the opposition, so as to put it at issue & consequently could not be proven which objections were sustained by the Court and the evidence refused. The counsel for opponent then offered to amend his opposition by alleging that the deceased was not sixteen year of age at the time of her death & therefore not qualified to make a will which was objected to by Plaintiff’s counsel on the grounds that it came to late during the trial of the case which objections were sustained by the Court and the amendment refused. The Plaintiff by his counsel then offered a witness to prove that the Testatrix was the illegitimate daughter of the opponent & consequently opponent was not her force heir. Which was objected to by counsel for opponent on the on the ground that it was inadmissible under pleadings & taking the opponent by surprise as he had not alleged the illegitimacy of the Testatrix but on the contrary expressly alleged the opponent was her mother and consequently the evidence was inadmissible. Which objections were over ruled by the Court and the evidence received. To all of which opinions of the Court the opponent by his counsel excepts & prays this her bill be signed by the Court. Done & signed in open Court 6th Nov. 1847. Geo. W. Copley Judge 12th District State of Louisiana 12th District Parish of Ouachita Succession of Nancy Miriam Evans, wife of George M. Savage. In matter of the Probate of the will of the Decd. & the opposition of Eliza Foy, Widow Killam. By reason of the law and the evidence in this case being in favor of George M. Savage and against the opponent Eliza Foy, it is ordered, adjudged and decreed that the Olographic will of Nancy Miriam Evans, the wife of Geo. M. Savage wrote in the Town of Farmerville, Parish of Union, May 27th 1847 be admitted to Probate, that said Will be deposited with the Clerk of the 12th District Court of the Parish of Union, it having been signed by me Judge. No variation at the beginning and end thereof the whole of which is written and contained no one page and it is further decreed that George M. Savage be declared and universal legatee under said Will and as such entitled to all of the Estate and succession of Nancy Mariam Evans, Decd., that he be confirmed as Testamentary Executor under said Will and that an inventory of said Estate & Succession be made and that the said opponent Eliza Foy pay the cost of her opposition and that the other cost of the probating of the Will be paid by the succession. This judgment is signed in chambers by consent and agreement of the parties returned unto on the 6th of Nov. AD 1847. This done and signed at the Town of Monroe, Parish of Ouachita, 12th Judicial District, this 16th day of December AD 1847. Geo. W. Copley Judge 12th District I, Nancy Mariam Evans make and constitute this my last will and Testament. 1st, it is my Will and request that my beloved husband George M. Savage be appointed Executor of my estate. 2nd, If is should depart this life without leaving any descendants, I will and bequeath all the property that I may disown and possessor of to my said husband, George M. Savage. Written and signed in the Town of Farmerville, Union Parish, La., May 27th AD 1847. Nancy Mariam Evans State of Louisiana Parish of Union I, George M. Savage, so solemnly swear that I will faithfully discharge all and singular the duties incumbent on me as Executor of the Estate of Nancy Mariam Evans according to the best of my abilities and understanding. So help me God. George M. Savage Sworn to and subscribed before me this 20th day of December 1847. Thos. VanHook, Clk. State of Louisiana Parish fo Union Whereas George M. Savage has been appointed by George W. Copley, Judge of the 12th District of the State of Louisiana holding session in and for said Parish, Executor of the Estate of Nancy Mariam Evans, wife of the said George M. Savage and has taken the oath prescribed by Law. Now therefore he is fully authorized and empowered to do and perform all and singular the acts and things appertaining to said appointment according to Law. Given under my hand and the seal of the said court on the 20th day of December AD 1847. Thos. VanHook, Clk. The State of Louisiana To Charles H. Morrison, Parish Recorder of the Parish of Ouachita and Ex Officio Notary Public in and for said Parish and State, you are hereby appointed and authorized to make an Inventory and appraisement of all the Property of the Estate and Succession of Nancy Mariam Evans, decd. & situated in the Parish of Ouachita with the above judgment and decree of the Hon. Geo. W. Copley, Judge of the 12th District and to make return of the same according to Law. Done at Farmerville, this 20th day of December AD 1847. Witness my hand and seal of the said Court. Thos. VanHook, Clk. State of Louisiana Parish of Ouachita We and each of us do solemnly swear that we will well and truly inventory and appraise all the property both real and personal belonging to the Succession of Nancy Mariam Evans, Deceased, so far as the same may come within our knowledge or be shown to us. So help us God. Benjamin F. Lang D. B. Sanford Sworn to & subscribed before me on this 24th day of December AD 1847. C. H. Morrison, Recorder State of Louisiana Parish of Ouachita Be it remembered that on this 24th day of December eighteen hundred and forty seven, I, Charles H. Morrison, Recorder and Ex Officio Notary Public in and for said State and Parish by virtue of an order of the Honorable the 12th Judicial District Court in and for the Parish of Union bearing date the 20th day of December AD 1847 a copy of which order is hereto attached for reference. Repaired to the Plantation of Nancy Mariam Evans in said Parish of Ouachita in whit is called the Island about 16 miles from Monroe for the purpose of making an Inventory and appraisement of all the property both real & personal comprising the Estate and succession of Nancy Mariam Evans, Deceased. And for the purpose aforesaid, I the said Notary and Recorder appointed Derratt B. Sanford and Benjamin T. Long. To act as appraiser having due and legal qualifications to act. Who after having been duly sworn by me said Recorder and Notary well and faithfully to act in the premises proceeded together with me the said Recorder and in presence of William B. Barr & William W. Farmer, legal and competent witnesses hereto required of lawful age and residents of this Parish to make the following Inventory and Appraisement to wit: A certain tract or parcel of land laying and being in said Parish of Ouachita in the Island known as the Evans Tract being now used as a cotton Farm containing six hundred and forty acres more or less appraised at $19 per acre $12160.00 Three thousand bushels of corn apprd. @ $.50 pre bushel 1500.00 Eleven stacks foller @ $10 per stack 110.00 Household & kitchen furniture apprd. @ 15.00 About 300 bales of cotton to average 400 lbs. a piece @ $24 a bale 7200.00 Farming utensils appraised @ 127.00 12 mules apprd. @ 720.00 2 yoke oxen apprd. @ 60.00 1 ox wagon apprd. @ 30.00 1 other ox wagon apprd. @ 60.00 Negro girl, Rhody aged 13 years apprd. @ 375.00 this girl is claimed by Dr. Savage as community property Girl Nelly aged 42 apprd. @ ___500.00 $22957.00 Woman Rachel aged 35 apprd. @ 500.00 her child Fanny a girl, aged 3 apprd. @ 225.00 Woman Winey, aged 30 years apprd. @ 500.00 and her four children Hillard, aged 11 months apprd. @ 50.00 March, a boy aged 2 years apprd. @ 200.00 Godfrey, aged 7 years apprd. @ 250.00 Harry, aged 12 years apprd. @ 400.00 Woman, Leath, aged 24 years apprd. @ 550.00 and her two children Prince Albert aged 7 years apprd. @ 250.00 boy, Bedford, aged 2 years apprd. @ 130.00 Woman, Cloy, aged 45 years apprd. @ 450.00 and her two children Melissa, aged 8 years apprd. @ 300.00 Lucy, aged 6 years apprd. @ 200.00 Woman, Charlo, aged 25 years apprd. @ 500.00 Woman, Louisa, aged 16 years apprd. @ 500.00 Woman, Margaret, aged 12 years apprd. @ 500.00 Woman Selvey, aged 50 years apprd. @ 300.00 Woman Ester, aged 25 years apprd. @ 525.00 Caroline, aged 8 years apprd. @ 300.00 Woman, Big Rachel, aged 40 years apprd. @ ____350.00 $30087.00 Woman, Many Ann, aged 12 years apprd. @ 400.00 Woman, Little Silva, aged 22 years apprd. @ 550.00 Old Philip apprd. @ 000.00 Man, Ceasor, aged 60 years apprd. @ 400.00 Man, Tom, aged 45 years apprd. @ 600.00 Man, Cipha, aged 34 years apprd. @ 700.00 Man, Alfred, aged 25 years apprd. @ 750.00 Man, Bob, aged 45 years apprd. @ 600.00 Man, Bill, aged 40 years apprd. @ 600.00 Man, Derry, aged 50 years apprd. @ 400.00 Man, Dick, aged 44 years apprd. @ 650.00 Man, Stepney, aged 45 apprd. @ 650.00 Man, John, aged 30 apprd. @ 700.00 Man, Sawyer, aged 45 apprd. @ 600.00 Man, Jack, aged 45 apprd. @ 600.00 Man, Philip, now run away and 34, apprd. @ 600.00 Girl, Priss, aged 10 apprd. @ 350.00 Cow & calf apprd. @ 10.00 Corn sheller apprd. @ ____20.00 $39267.00 Amounting in the all to the sum of thirty nine thousand two hundred and sixty seven dollars $39267.00 In testimony whereof we the said appraisers have signed the presents together with said Recorder and the witnesses above named who have all signed the presents with the aforesaid parties and George M. Savage, husband of the said Nancy Mariam Evans, who was present and gave in the property to be inventoried and appraised on the 24th day of December AD 1847. In full faith whereof, I have signed my name and affixed my seal of office the date aforesaid written. W. W. Farmer D. B. Sanford Wm. H. Barr Benjamin T. Long C. H. Morrison, Recorder George M. Savage In the case of the Last Will of Nancy Miriam Evans, wife of George M. Savage, the application for Probate opposed by the mother of the deceased, Eliza Foy, widow of Killam, in the Parish of Union &c by consent of parties, the Judge authorized to decide in Chambers that decision having been made, advise to the opponent & she having since married Burrel H. Jones of the same residence. Said Eliza Foy, Widow Killam, now the wife of Burrel H. Jones, who joins herein to aid and assist her prays the Court for a new trial upon the following grounds, viz. 1st She has ascertained since the trial that she can prove that George M. Savage was the only attending Physician upon the deceased Testatrix for some time before and at the time of her death. 2nd That the Will was made under the commands of George M. Savage the legatee and husband of Testatrix and that he said he cared nothing for her but would have the property & that he actually dictated the will and by threats forced her to make it and immediately carried her out of the State where she died. 3rd She was taken by surprise by the legatee George M. Savage introducing evidence upon the trial of the case to prove that Testatrix was the illegitimate child of the opponent never legally acknowledged when at that time there was many papers existing amongst the Probates Record for the Parish of Ouachita in which she had fully recognized the deceased Testatrix and her daughter in Judicial proceedings settling the Estate of Peter I. Evans, the father of Testrix, the first husband of your opponent and in settling her Tutorship of Testatrix for whom she acted by appointment of the Probate Court for said Parish of Ouachita. State of Louisiana Parish of Union Before the undersigned legally authorized to administer oaths in said Parish and State, personally came Eliza Foy, wife of Burrel H. Jones, who after being by me duly sworn according to Law deposeth and says that the facts and allegations set forth in the within application for a rehearing are true and correct, that she was taken by surprise and has discovered since the trial that she can make proof of the within allegations and until after the court had been engaged in the trial of the case she never had the least idea that the illegitimacy of her daughter the Testatrix would be pleaded & then the written evidence of her acknowledgements as stated within was at too great a distance for her to obtain them for the Trial. Sworn to and subscribed before me this 18th day of December 1847. Eliza Jones Thos. M. Hand, J. Peace State of Louisiana 12th District Court Parish of Ouachita Monday Morning, 20th December 1847 on reading and considering the fore application for a new trial, I am of the opinion that it ought to be granted which is accordingly done and this case stands for trial at the next Term of the District Court of the Parish of Union to be disposed of according to Law. Done and signed in Monroe this 20th of December 1847. Geo. W. Copley Judge of 12th District In the matter of the opposition of the Probate of the Will of Nancy Miriam Evans alias Savage. 12th Jud. Dist. Court Parish of Union, Louisiana Burrel H. Jones, resident of the Parish of Ouachita in the State of Louisiana comes into court and by leave of the Court files this annexed appointment alleging that since the last term of this Court Eliza Killam, the mother and natural Tutrix of James Warren Killam has intermarried with your Petitioner, Burrel H. Jones without having taken legal proceedings to be continued in her tutorship, whereby she became deprived of the same and legal steps having been taken to appoint a Tutor to said minor your Petitioner was appointed his Tutor as will fully appear by reference to a duly certified of his Letters of Appointment hereto annexed and made part of this amended Petition. Petitioner avers that said James Warren Killam is the person mostly interested in the opposition to the Will of Nancy Miriam Evans. Wherefore Petitioner appears as Tutor to said Minor in said suit and adopts the facts and allegations contained in the original opposition to said will and pray the Will be declared null and void and generally adopts all the allegation and prayers contained in the original opposition to said will & prays generally for all necessary relief &c. McGuire & Ray, Attys. State of Louisiana 12th Judicial District Court Parish of Union Whereas Burrel H. Jones has been appointed Tutor to the minor James Warren Killam and having taken the oath and given bond according to Law. Now therefore he is fully authorized and empowered to do and perform all and singular the duties incumbent on him as tutor as aforesaid. Given under my hand and seal on this 5th day of April 1848. Thos. VanHook, Clk. A true copy from the original, April 5, 1848. Thos. VanHook, Clk. State of Louisiana 12 Judicial District Court Parish of Union Succession of Nancy Miriam Evans, wife of George M. Savage. On the new trial, in the matter probating the Will of the Descendent & THE Opposition of Eliza Foy, wife of Burrel H. Jones & Burrell H. Jones, Tutor to the minor James Warren Killam. By reason of the Law and the evidence in this case being in favor of George M. Savage and against the opponents Eliza Foy, wife of Burrell H. Jones and James W. Killam, a minor represented as aforesaid and by further reason of the agreement of Eliza Jones and George M. Savage filed. It is ordered, adjudged and decreed that the Olographic last Will of Nancy Mariam Evans, decd. wife of George M. Savage, dated at the Town of Farmerville, parish of Union, May 27th 1847 be admitted to Probate that said Will be deposited with he Clerk of the 12th Judicial District of the Parish of Union, it having been signed by me Judge, no variation at the beginning and end thereof the whole of which is written and contained on one page and it is further decreed that George M. Savage be decreed the sole and universal legatee under said and as such entitled to all of the Estate and Succession of Nancy Mariam Evans, decd., that he be confirmed as testamentary Executor under said Will and that the said Executor be put in possession of all the property of said succession and uieted in his title to all of said property of said Succession and that Eliza Foy, wife of Burrel H. Jones & Burrell H. Jones, Tutor, pay cost of their opposition and that the other cost of the probating of the said Will be paid by the succession. Done and signed in Open Court this 6th day of April Anno domini 1848. George W. Copley Judge of 12th District State of Louisiana Parish of Ouachita Before me Charles H. Morrison, Parish Recorder, in and for the Parish of Ouachita, La. duly commissioned and sworn personally came and appeared Eliza Foy, Widow Evans, Widow Killam, now the wife of Burrell H. Jones, authorized and assisted herein by her said husband for all legal and necessary purposes, resident of said Parish and State and the said Eliza Foy, authorized and assisted as aforesaid declared and acknowledged that for the consideration herein to be expressed, she has granted, bargained, sold, delivered renounces and relinquishes and does by these presents hereby grant, bargain, sell deliver, renounce and relinquish unto George M. Savage, also of said residence all the right, title and interest in and to the undersigned fourth part of the following described property, to wit: The Plantation situated in the Parish of Ouachita in the Island containing six hundred and fifty argents more or less being the same property inventoried as the property of Nancy Miriam Evans and inherited by her and bought of this vendor and declaring that is to say that whole tract was community property between this vendor and Peter I. Evans, one half was inherited from the said Peter I. Evans, by his child Nancy M. Evans and one half sold by this declarent to the said Mariam Evans in payments due to said Nancy by this declarent as her natural Tutrix also the undivided fourth interest in thirty eight slaves, viz: Caesar, 50; Jack, 35; Stepney, 35; Lawyer, 35; Derry, 30; John, 25; Phillis, 60; Sylva, 36; Cloy, 31; Nelly, 35; Scipio, 30; Bob, 38 which were inherited by the said Nancy Miriam Evans from her father Peter I. Evans and were the said Evans separate property before his marriage with the declarant and Letha 25 and child Prince Albert, 7; Little Rachel, 28 and her child Fanny, 5; Ester, 33; Harden, 11; Sylva, 22; Dick, 45; Margaret, 15; Alfred, 25; Charlotte, 25; Louisa, 15; Priscilla, 13; Tom, 55; Rachel, 56 and their issue which were community property between this vendor and Peter I. Evans and which were all delivered to said minor after her marriage with George M. Savage, said slaves being the one half of the slaves held in community as aforesaid and the half which the said minor took on division and the said vendor hereby ratifies the partition of said slaves acknowledges herself to have received the other half and sells herein her undivided fourth of the same inherited form her daughter the said Nancy M. Evans and Winney and her four children & Bill, 38; Roda, 13 & Phillip bought by Savage bought by H. Holmes Under Tutor of said minor (while a minor) at the sale of the property of James Killam the undivided fourth of which is also herein sold all the undivided fourth of the stock of horses, mules, oxens, cows, farming, utensils, wagons, crops of cotton and corn as comprised in the Inventory of the said Nancy Miriam Evans, made by order of the 12th Judicial District Court of Union Parish, Louisiana on the 24th day of December 1847 by Charles H. Morrison, Parish Recorder of the Parish of Ouachita and this sale includes the whole undivided fourth part of all the property of Nancy Miriam Evans and all the rights to which this vendor is entitled by Law as the mother of the said Nancy Miriam Evans in the property which the said Nancy died owner and possessor of whither situated in the Parish of Ouachita or else where all of which property is herein granted, bargained, sold and delivered unto the said George M. Savage to have and to hold unto the said George M. Savage, his heirs and assigns all the right titles and interest in and unto the above described and herein conveyed property together with all singular the rights, privileges and appertenances thereunto belonging or in any wise appertaining to his and their only proper use benefit and behoof forever. Ant the said Eliza Foy agrees and stipulates further on her part assisted as aforesaid to withdraw all opposition to the Probate of the last will and testament of the said Nancy Miriam Evans, wife of George M. Savage made on the 27th day of May 1847 wherein George M. Savage the husband is appointed Executor and universal Legatee and hereby consents that the Judgment rendered by the Hon. George W. Copley, Judge of the 12th Judicial District Court in and for the parish an Olograph will of the said Nancy Miriam Evans recognizing the said George M. Savage as Executor and universal Legatee shall stand affirmed and the said Savage is recognized as the Executor of said decedent as the universal legatee under the said last will of Nancy Miriam Evans and quieted in his possession of all the property of her succession hereby renouncing and abandoning to the said universal legatee George M. Savage all her rights as the mother and force heir of said Nancy Miriam Evans. The above sale and abandonment is made for the consideration of seven thousand dollars as follows: three thousand five hundred dollars payable 1st day of April 1848 and three thousand five hundred dollars 1st day of April 1849 for which the said George M. Savage has given his promissory notes and the said George M. Savage further grants, bargains, sells and delivers all his rights to the improvement west of the Ouachita River known as the summer house to the said Eliza Foy conveying such titles as he has to the undivided three fourths of the same under the will and none other said Savage also abandons the right of correcting the error in addition in the accounts filed by the said Eliza Foy and her husband James Killam in 1844 which acting as Tutrix and Co Tutor to Nancy M. Evans and both parties agree that the accounts of the Tutrix and Co Tutorare not to be disturbed but to stand Homologated. And the said Eliza Foy assisted as aforesaid aged about 21 years apart and out of the presence of her said husband declared and acknowledged that she renounced and does by these presents hereby voluntarily of her own free will and accord all her matrimonial dotal paraphernal and other rights of whatsoever nature and especially all tacit mortgages liens unto and upon the above described and herein conveyed property sold, conveyed and renounced by her said matrimonial rights as guaranteed to her and other married women according to the existing laws of the State of Louisiana before her signature to this act having been fully and at large explained to her by me, said Recorder and the nature and obligation herein entered into by her. She hereby declares her free and voluntary acquiescence in becoming a party to this act and in a full and entire renunciation of her rights as aforesaid in and upon the property above described and herein conveyed to and in favor of the said George M. Savage his heirs and assigns in and full and ample a manner as a woman of full age can do. The parties again present dispense with the production of the certificate of Mortgages and exonerates the Recorder from all the liabilities as contained in article 3328 of Civil code of Louisiana declaring themselves well acquainted with the property in testimony whereof the parties to this act have signed their names in presence of Wesley I. Q Baker and John N. Smith witnesses hereto required of lawful age and domiciliated in said Parish who have also signed with me the said Recorder and Ex Officio Notary Public on this 24th day of January AD 1848. In full faith whereof she hereto signed my name and affixed my seal of office the words undivided fourth interest on the first page and the figure two interlimations interlined before signing. And it is further agreed that if the said savage should bring suit for any portion of the land in possession of the said Eliza Foy the said Eliza Foy is not to be at any expense in defending the same. The word natural on the first page interlined before signing. John W. Smith Eliza Jones W. I. Q. Baker B. H. Jones C. H. Morrison, Recorder George M. Savage State of Louisiana Parish of Ouachita I, Charles H. Morrison, Parish Recorder and Ex Officio Notary Public in and for the said Parish of Ouachita, La. do hereby certify that the above and within and foregoing is a true and correct copy of the original act now on file and of Record in my office one line interlined on the first page and some other small words in this copy the name (Savage) in one place. Given under my hand and seal of office at Monroe on this 31st day of March AD 1848. C. H. Morrison Recorder ############################################################# File at: http://files.usgwarchives.net/la/union/court/evans-nm.txt