1860 Succession of Henry Funderburk, Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 8/2004 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= Union Parish Louisiana Succession Book E, pp. 167 - 186 Succession of Henry Funderburk ================================================================================= To the Honorable the Judge or the Clerk of the 12th Judicial District Court in & for the Parish of Union, State of Louisiana The petition of Van Funderburk & of Deborah A. Funderburk wife of Joel P. Kelly her husband who comes forward & joins herein for the express purpose of aiding authorizing and assisting his aforesaid wife herein, all residence of the parish & state aforesaid respectfully represents that on or about the 5th day of Decr. Inst. AD 1860 Henry Funderburk departed this life intestate at his late residence in the Parish of Union aforesaid leaving the following persons his children & force heirs viz. 1st Van R. Funderburk one of your petitioners, 2nd George M. Funderburk residing in the State of Mississippi, 3rd Rhoda S. Funderburk represented by her sole heir and only child Mary D. Hardy who now resides in Arkansas, 4th Samuel R. Funderburk, Decd. represented by his six minor children viz. Catherine A., Nathaniel R., A. Lavina, Fanny Fern, Delaware & Oakley A. Funderburk, said minors reside in Union Parish & 5th Deborah A. Funderburk one of your petitioners as aforesaid. And also leaving an estate consisting of land, Negros personal property rights & credits together with some debits further represents that they are only heirs of age & represented in the State and are therefore entitled to administer the said Estate of their Decd. Father. That an administrator is necessary and they therefore pray that after the legal advertisement and delays Van R. Funderburk and Deborah A. Funderburk be appointed co-Administrators of the Estate aforesaid and on their giving the Bond and taking the oath requested by law that letters of administration issue in their favor. They further pray that an inventory of the Estate be ordered according to Law and for all further orders and decrees necessary in the premises and for general relief and so for them. John L. Barrett, Atty. State of Louisiana 12th Judicial District Court Parish of Union The premises considered it is ordered adjudged and decreed that the foregoing application be advertised according to Law and it is further ordered that William C. Smith, Parish Recorder and Notary Public be and he is hereby authorized and required to make an appraisement and Inventory of the Estate of Henry Funderburk, Decd. and make due return thereof to this office according to Law. Done and signed in office on this December 10th AD 1860. Thos. C. Lewis, Clerk I hereby accept service on the annexed petition and final account and admit the correctness of the acct. and give in the pray of petition this March AD 1861. ATTEST: G. W. Funderburk Jno. L. Barrett Mary D. (her X mark) Hardy, wife Thos. A. Honeycutt Mary A. (her X mark) Funderburk To the Honorable the Judge or the clerk of the 12th Judicial District Court in and for the Parish of Union, State of Louisiana. The petition of Catharine A., Wife of James H. Chem She being on of the Heirs of Samuel R. Funderburk, Decd. and of her said husband who hereby joins her in this suit for the purpose of authorizing, aiding and assisting her to bring this suit and Nat R., Archy, Lavina, Fanny F., Delaware, Oakley A. Funderburk through Mary Funderburk their Mother and Natural Tutrix who together with Catherine A. aforesaid on the Sole Heirs of Samuel R. Funderburk, Decd. aid of Deborah A. wife of Joel P. Kelly and also of Joel P. Kelly her said husband, who joins here herein for the purpose of aiding and assisting his aid wife and authorizing her to stand in Judgement herein and of Van R. Funderburk all residents of the parish of Union aforesaid and of Mary D. Hardy, sole heir of Rhoda S. Funderburk, Decd. said Mary D. Hardy, being the wife of Thos. A. Honeycutt and of Thomas A. Honeycutt who joins herein to authorize his said wife to institute and prosecute this suit they both being residents of the State of Arkansas, respectfully shows that your petitioner as above set forth together with George W. Funderburk now residing in the State of Mississippi and who is the Defendant in this case, are the children and forced Heirs of said Henry Funderburk of the legal representative of said children to wit: Van R. Funderburk, Deborah A., Rhoda S., Samuel R., and G. W. Funderburk. Your Petitioner further avers that Van R. and Deborah A. Funderburk, have filed their final Acct as Administrators of the Estate of their decd. father Henry Funderburk. Showing that the debts of the Estate are all paid, and that no impediment now exists to this legal petition. They desire that this said Estate consisting of land, slaves, rights and credits should be legally partitioned and they own that it is desirable that the same should be Judicially partitioned in kind and without delay. Wherefore, they pray that George W. Funderburk be legally cited to answer hereto, and after the legal delay, the partition of the said Estate be ordered among the aforesaid heirs be in number to wit: 1st Van R. Funderburk, 2nd George W. Funderburk, 3rd Deborah A. Kelly, 4th Rhoda S. Funderburk, Decd, but represented by her sole heir Mary D. Hardy, and 5th Samuel R. Funderburk, Decd., but represented by his legal heirs six in number and before set forth. That William C. Smith be ordered in his capacity as Notary Public to effect said partition and that M. A. Whatley & J. C. Cargill be and they are hereby appointed experts to assist the said Notary in effecting the same and that the cost of said Partition and of these proceedings be borne by the said estate and that due return of the said partition be made according to Law for all orders, and decrees necessary in the premises and for general relief &C. Jno. L. Barrett, Atty. State of Louisiana 12th Judicial District Court Parish of Union The premises considered and by reason of the law and the evidence being in favor of the plaintiff in this case and for the further reason that Defendant has filed his answer advertising the fact and joining in the prayer of Plaintiffs petition it is hereby ordered that the said prayer be granted and it is further ordered and decreed that a partition of all of the assets of the Estate of Henry Funderburk, Decd. both real and personal be effected between the heirs of the said Estate to wit: Van R. Funderburk, Deborah A. Kelly, George W. Funderburk, Samuel R. Funderburk, Decd. but represented by his six children as set forth in the foregoing petition and Rhoda S. Funderburk, Decd., but represented by Mary D. Hardy, five heirs, as set forth in the said partition and it is further ordered that Wm. C. Smith, Parish Recorder & Ex-Officio Notary Public for Union Parish, La. Proceed to make said partition according to law and that J. C. Cargill & M. A. Whatley be and they are hereby appointed experts to assist the said Notary in effecting the said partition and that the said Estate be partitioned in kind. Done and signed in office on the March 2nd AD 1861. Thos. C. Lewis, Clerk Van R. Funderburk etal. 12th Judicial District Court Vs. Union Parish, Louisiana George W. Funderburk George W. Funderburk, the Defendant in this above entitled case, for answer admits the fact as set forth in the petition and joins in the prayer of the petitioners for a Judicial Partition of the assets or of the property of said Estate among the heirs as set forth in the petition. Respondent prays for general relief &C. G. W. Funderburk Be it remembered that on this the Sixth day of March AD One thousand eight Hundred and Sixty one, in pursuance of a Judgment of the Honl. 12th Judicial District Court in and for the Parish and State aforesaid, commanding me, Wm. C. Smith, Parish Recorder and Ex-Officio Notary Public in and for said Parish to make a Judicial Partition of all the property both real and personal belonging to the Estate of Henry Funderburk, Decd. among the Heirs, being assisted by W. H. Whatley and J. C. Cargill who being duly appointed by said Court as experts. I proceeded to make an inventory and appraisement of all the property rights and credits belonging to said Estate in order to form a basis for said partition. Said experts were first duly sworn by me according to Law. We proceeded to make said inventory as follows to wit: 1st Lands The West ½ of South East ¼ of Sec. 33 and the South West ¼ of NW ¼ of Sec. 34, Township 21, Range ? East containing 120 acres more or less appraised @ $300.00 Another tract viz.: The North west ¼ of NE ¼, Sec. No. 3 Township 20, Range 2 East and the South East ¼ of North West ¼, Section No. 3, Township 20, Range 2 East, and the South West ¼ of South west ¼ of Section No. 34 Township 20 Range 2 East containing 120 Acres more or less appraised @ $350.00 Another Tract described as follows: The South half of North East quarter, and the north east ¼ of SE ¼ of section 34 Township 21 Range Two East, containing 120 acres, more or less appraised @ __$275.00 $975.00 Amt. Brot. Forward $975.00 Another Tract of land described as follows to wit: The north west quarter of North west quarter of section 34, also north East ¼ of North west ¼ of Section 34, also South East ¼ of North west ¼ of Section 34, all in Township 21 Range one east containing 160 acres more or less appraised @ $275.00 Another tract of Land described as follows: The North ½ of South west ¼ and north west ¼ of South east ¼ of Section 34 Township 21 Range 2 east containing 120 acres more or less appraised @ $600.00 Slaves Ned, Negro man appraises @ 1500.00 Eliza, Woman & Child Amanda appraised @ 450.00 Rachel, Woman & her 3 children, viz.: George Elizabeth & Eliza appraised @ 2200.00 Jincy, woman & her child Ben appraised @ 1200.00 Liberty, a girl appraised @ 1000.00 Madison, a boy appraised @ 1000.00 Bob, a boy appraised @ 800.00 Emily, a girl appraised @ 650.00 James A. Bozier note @ 48.60 H. D. Goyne note @ 11.80 E. Brunson note @ 158.65 J. C. Worthington note @ 61.00 E. J. Harris note @ 189.69 J. B. Colson note @ 49.90 H. Malone note @ 19.24 M. L. Taylor note @ __19.07 $11,257.97 Amount brought forward $11,257.97 John J. Aulds note @ 11.14 J. C. Livingston note @ 37.78 J. H. Chem note @ 82.25 E. A. Auld note @ 65.00 J. M. Arons note @ 17.10 G. W. Solomon note @ 22.22 J. W. Auld note @ 20.00 J. P. Smith note @ 35.46 Jno. R. Auld note @ 65.86 Deborah A. Kelly note @ 370.83 Van R. Funderburk note @ 289.60 Bal due by the Admrs. as per final acct _____3.94 Total amount $12,180.20 Having completed the forgoing inventory, I have caused the said Experts to appraise, to sign their names hereto with me the said Recorder and in the presence of the under lawful and competent witnesses on this the sixth day of March AD 1861. TEST: H. A. Whatley John Taylor J. C. Cargill H. D. Goyne W. C. Smith, Recorder To the Honorable the Judge or the Clerk of the said 12th Judicial District Court in and for the Parish of Union, State of Louisiana The petition of Van R. Funderburk of the Parish and State above written respectfully swears that the estate of H. Funderburk, Decd. has this day be partitioned among the heirs of which petitioner was one which said account of partition is hereto annexed. Wherefore, petitioner prays that each of the heirs of said Estate as represented in the partition be legally cited to answer hereto and that upon a final hearing there be judgment approving and homologating the said partition in all its parts and for general relief &C. Jno. L. Barrett, Atty. Service of the above foregoing petition acknowledged and citation waived and I hereby join in the prayer for approving and homolgating the said Partition of the effect of the estate of Henry Funderburk, Decd. this March 6th AD 1861. ATTEST: G. W. Funderburk Jno. L. Barrett, Witness D. A. Kelly To all the signatures down J. P. Kelly to Mary A. Funderburk Mary D. (her X mark) Honeycutt Thos. A. Honeycutt Mary A. (her X mark) Funderburk, Tutrix State of Louisiana Parish of Union Be it remembered that on this the Sixth day of March AD One thousand eight hundred and sixty one pursuant to an order of the 12th Judicial District Court in and for the Parish of Union State aforesaid bearing date March 2nd AD 1861 directing me, William C. Smith, a notary Public in and for the above mentioned parish and State to effect a Judicial Partition of all the assets of the Estate of Henry Funderburk, Decd. both real and personal among the Heirs of said Estate as herein after set forth and to effect the said partition in kind and appointing M. A. Whatley and J. C. Cargill experts to assist in effecting the said partition and having given the legal notice to all parties in interest and they being present and represented as follows, to wit: Van R. Funderburk, George W. Funderburk and Deborah A. Kelly each being present and acting for himself, the latter aided and assisted and authorized by Joel P. Kelly her husband, who is also present and Signs with her and Rhoda S. Funderburk represented by her sole heir Mary D. Hardy who is present acting for herself and in authorized and assisted by her husband Thos. A. Honeycutt who is also present and signs with her, and Samuel R. Funderburk represented by his children, five minors, not being present but Mary Funderburk their mother and natural Tutrix being present and assisting for them. I the aforesaid Notary on this day and date aforesaid with the assistance of the aforesaid experts they having been first sworn by me according to Law, having settled the accounts of the heirs proceeded to form the [unreadable]as follows: 1st - Land in the aggregate 661 acres and appraised in Lots amount in the aggregate to the sum Eighteen Hundred Dollars $1800.00 2nd - Negroes 13 in Number appraised in the aggregate at Eight thousand Eighty Hundred Dollars $8800.00 3rd - Notes amounting in the aggregate with Interest to date to fifteen Hundred & seventy six & 26/100 Dollars ____$1576.26 Total Amt. active mass $12716.26 There being five Heirs the no rata share of each in the said active Mass Twenty five Hundred & Thirty five & 45/100 Dollars $2435.45 I then proceeded assisted as before to constitute five lots as follows to wit: Lot No. 1 Is made as follows: 1st - Land - The N ½ of SW ¼ & NW ¼ of SE ¼ of Sec. 34, Township 21 N of R 2 East One hundred acres in all more or less lying in Union Parish, La. appraised mill all the improvements thereon 600.00 2nd - The Negro by Ned appraised 1500.00 3rd - Van R. Funderburk note for 289.64 J. H. Chem note for __82.25 Total 2471.89 This lot is in excess by $36.44 for which Lot No. 1 executes a Note to Lot No. 5 for same amt. $36.44 Lot No. 2 - Is made as follows to wit: 1st - Land - S ½ of NE ¼ and NE ¼ of SE ¼ of Section 34 Township 21, N of R 2 East lying in Union Parish, La appraised @ $275.00 2nd - Rachel and her three Children George, Elizabeth & Eliza Appraised @ __2200.00 Total $2475.00 This lot is in excess by Thirty nine & 55/100 Dollars for which Lot No. 2 executes a note to Lot No. 5 for said thirty nine 55/100 Dollars Lot No. 3 - is made up as follows: 1st - Land - N ½ of SW ¼ & SE ¼ of SW ¼ of section 34 Township 21 N of R 2 East and NW ¼ of NW of Section 14 Township 21 N of R 1 East lying in Union Parish, La in all 160 appraised @ 275.00 2nd - Negros woman Jincy & Child appraised @ 1200.00 And Emily appraised @ 650.00 3rd - E. J. Harris note for 189.67 E. M. Auld note for 65.00 J. M. Arons note for 17.10 G. W. Solomon note for 22.22 J. W. Auld note for 20.00 H. D. Goyne note for 11.80 Jno. J. Auld note for 11.14 Bal. Due by Adms. See acct final ____3.94 Total $2461.94 This lot is in excess by Twenty six Dollars & 49/100 for which Lot No. 3 executes a note to Lot No. 5 for $26.49 Lot No. 4 - is made as follows to wit: 1st - Land - NW ¼ of NE ¼ and SE ¼ of NW ¼ of Section No. 3 Township 20 N of Range 2 East and SW ¼ of SW ¼ of Section 34 Township 21 N of 2 East appraised @ 350.00 2nd - Slaves, a woman Liberty appraised @ 1000.00 A Man Bob appraised @ 800.00 3rd - E. Brunson note for 158.65 J. C. Worthington note for 61.00 H. Malone note for 19.24 M. L. Taylor note for 19.07 J. C. Livingston note for __37.78 Total $2445.04 This Lot is in excess by ten & 29/100 Dollars for which Lot No. 4 executes a note to Lot No. 5 for the said $10.29 Lot No. 5 - is made up as follows to wit: 1st - Land - W ½ of SE ¼ of Section 35 and SW ¼ of NW ¼ of Section 34 Township 21 N of R 2 East in all 120 Acres lying in Union parish, La appraised @ 300.00 2nd - Madison, boy slave appraised @ 1000.00 Eliza & Child appraised @ 450.00 3rd - Mrs. D. A. Kelly note for 371.85 J. A. Dozier note for 48.64 J. R. Auld note for 65.86 J. P. Smith note for 35.46 J. B. Coleson note for __49.90 Total $2321.69 This Share is short by 112.77 Which is made up by Note of Lot 1 36.44 Note of Lot 2 39.55 Note of Lot 3 26.49 Note of Lot 4 __10.29 Having formed the lot as aforesaid I there assisted as before, made a drawing where George W. Funderburk drew Lot No. 1 as before described, Deborah A. Kelly drew Lot No. 2 as above described. Lot No. 3 was drawn by Thomas A. Honeycutt, the Husband of Mary D. Hardy, the sole Heir of Rhoda S. Funderburk, Decd. Lot No. 4 as above described was drawn by Mrs. Mary A. Funderburk, Natural Tutrix of the minor heirs of Samuel R. Funderburk, Decd. and Lot No. 5 as above described was drawn by Van R. Funderburk. Now therefore having completed the partition of the Estate of Henry Funderburk, Decd. as herein before at forth and turned over the proceeds of the said Estate to the aforesaid heirs as heirs before set forth, I now proceed to close the same by causing all the parties as heirs before set forth to sign the same in the presence of John Taylor & H. D. Goyne good and lawful witnesses and specially called for the purpose. I have also caused the aforesaid experts to sign this process verbal in the presence of the said witnesses and in my presence and I have signed the same with said witnesses on this the day and date above written. Mary D. Hardy, wife of Honeycutt & Mary A. Funderburk signing by making their marks. They not knowing how to write their names. I the Notary signing in my official capacity. ATTEST: Van R. Funderburk H. A. Whatley G. W. Funderburk J. C. Cargill Mary (her X mark) Hardy John Taylor Thos. A. Honeycutt H. D. Goyne D. A. Kelly Wm. C. Smith, Recorder J. P. Kelly Mary A. Funderburk Succession of Henry Funderburk, Dec. Homolgation of final account Jno. L. Barrett, sworn says he saw the parties G. W. Funderburk, Mary D. Hardy, wife Thos. A. Honeycutt & Mary A. Funderburk, Tutrix. Sign the acknowledgement of service attached to this final and know their signature to be genuine. Thos. C. Lewis, Clerk of the District court sworn says that the final account has been filed and advertised in the newspaper called the Union Democrat for more than thirty days and that there has been no opposition made to the same. Thos. C. Lewis, Clerk Sworn to all subscribed before me this 6th April AD 1861 H. Regenburg, Mayor & Ex Officio. William C. Smith, Parish Recorder & Ex Officio Notary Public sworn says that the assets belonging to the said Estate of Henry Funderburk have been paid to heirs for Partition. W. C. Smith Sworn to and subscribed before me on this 6th day of April AD 1861. Thos. C. Lewis, Clerk I hereby certify the above to be all the evidence addressed on the Homolgation of the above mentioned final account. Thos. C. Lewis State of Louisiana 12th Judicial District Court Parish of Union By reason of Law and evidence in these proceedings they being legal and regular and all the parties in interest approving these and joining in the prayer to homolgate therein, it is hereby ordered adjudged and decreed that the partition of the Estate of Henry Funderburk the process verbal of which is herewith submitted be and the same is hereby approved and Homolgated in all its parts. Done and signed in office on this March 2nd 1861. Thos. C. Lewis, Clerk A True Record, April 11th 1861. Jas. L. Guthrie ###############################################################