1853 - 1860 Succession Records of Thomas B. Graham, Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 7/2004 ................................................................................. ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= Union Parish Louisiana Succession Book E (1860 - 1866), pp. 74 - 84 Succession of Thomas B. Graham ================================================================================= William B. Mattox Co-tutor and J. A. Mattox Natural Tutrix and account with the minor heirs of the Estate of Thos. B. Graham, Decd. From January 1st 1853 to January 1st 1860. 1853 They charge themselves with the hire of Negro man Isaac For the year 1853 at the rate of $120.00 less 100.00 one fifth 8% Interest on said amount from January 1st 1854 to Jan 1st 1860. 48.00 148.00 1854 To hire of Isaac for 1854 at the rate of $125.00 Less one fifth 8% Interest on same from January 100.00 1st 1854 to January 1st 1860 8 years 210.00 140.00 1855 To hire of Isaac for 1855 at same rate 8% Interest 100.00 on same from January 1st 1855 to January 1st 1860 32.00 132.00 1856 To hire of Isaac for 1856 at same rate 8% Interest 100.00 from January 1st 1856 to January 1st 1860 24.00 124.00 1857 To hire of Isaac for 1857 at same rate 8% Interest 100.00 from January 1st 1857 to January 1st 1860 16.00 116.00 1858 To hire of Isaac for 1858 to January 1st 1860 100.00 8% Interest from January 1st 1858 to January 1st 1860 8.00 108.00 1859 To hire of Isaac for 1859 at same rate 100.00 100.00 ________________ $888.00 They claim credit for the following specified amounts to wit: To John Hammond for Tuition, Voucher No. 1 28.00 Interest on same 8% 11.30 39.30 Of. Of I. N. Guice for Tuition for minors Margaret & Evander, Voucher No. 2 4.00 8% Interest on Same 1.44 5.44 William C. Smith, Recorder, Voucher No. 3 15.75 8% interest on same 7.14 22.89 Regenberg & Essick, Attys, Voucher No. 4 10.00 8% interest on same 4.60 14.60 A. H. Brener for Tuition, Voucher No. 5 17.05 8% interest on same 5.44 22.49 C. T. Barton, Clerk, Voucher No. 6 16.75 Interest on same 6.70 23.45 Carson & Bayless, Voucher No. 7 4.90 8% Interest on same 1.51 6.41 Cresley & Thatcher, Voucher No. 8 8.78 8% interest on same 2.04 10.82 L. Myer & Co., Voucher No. 9 2.25 8% interest on same .53 2.78 Dr. D. G. Temple, Voucher No. 10 8.00 8% interest on same 2.00 10.00 Side Saddle for Margaret, Voucher No. 11 18.00 8% interest on same 4.32 22.32 Mark & King a/c, Voucher No. 12 45.60 8% interest on same 7.29 52.89 Sloughter & Crosby a/c, Voucher No. 13 11.00 8% interest on same (for Geo. B.) 1.61 12.61 I. M. Hall for Tuition, Voucher No. 14 20.25 8% interest on same 4.54 24.79 Amount forward 270.79 Amount brought forward 270.79 G. H. King a/c, Voucher No. 15 16.00 8% interest on same 3.66 19.66 Rosenburger a/c, Voucher No. 16 4.00 8% interest on same .86 4.86 Amount paid C. M. Graham, Voucher No. 17 60.00 8% interest on same 5.60 65.60 Amount paid M. G. Graham, Voucher No. 18 59.10 Ragan & Aswel a/c, Voucher No. 19 36.60 95.70 G & H Kings a/c, Voucher No. 20 21.75 8% interest on same 1.66 23.41 T. H. Lipton a/o, Voucher No. 21 4.00 Interest on same .30 4.30 Wilhite & Larche, Voucher No. 22 24.11 24.11 Williams & Wade, Voucher No. 23 25.85 8% interest on same 2.08 27.93 A. H. Brener a/c for Bell, Voucher No. 24 20.00 8% interest on same 3.80 23.80 Dr. D. Temple, Voucher No. 25 15.00 Interest on same 3.37 18.37 Amount paid C. M. Graham, Voucher No. 26 19.91 J. A. Huett, act. Tuition, Voucher No. 27 13.16 Amount paid E. M. Graham, cash, Voucher No. 28 8.05 J. D. Smith, tuition, Voucher No. 29 32.32 J. M. Hare, Voucher No. 30 13.97 Simeon King a/c, Voucher No. 31 2.23 A. F. Fleming a/c, Voucher No. 32 39.26 128.95 N. M. Skipworth a/c, Voucher No. 33 29.50 Interest on same 2.36 31.86 739.29 Thos C. Lewis, Clerk cash, Voucher No. 34 3.45 742.74 Recapitulation Amount of Debits 888.00 Amount of Credits 742.74 Bal. Due the estate of minors 145.26 To the Honorable the Judge of the 12th Judicial District Court in and for the Parish of Union State of Louisiana or to the Clerk thereof. The petition of William B. Mattox and I. A. Mattox both residents of your said Parish and State respectfully represents that I. A. Mattox has been duly and legally appointed Natural Tutrix to her minor Children issue of a former marriage with Thos. B. Graham, Decd. To wit: E. M. Graham, M. J. Graham wife of A. Manning George and that your other petitioner William B. Mattox ahs been duly and legally appointed Co-Tutor to said minors. They further represent that E. M. Graham has now arrived at the age of maturity and that Margaret J. Graham has since their appointment married Augustus has since their appointment Manning of your said Parish. They further represent that they herewith file their account as Tutrix and Co-Tutor to said minor for the year 1853, 54, 55, 56, 57, & 58, 59. They showed that there is a balance due said minors in the sum of $145.26. That they have not claimed credit for board of said minors. Neither have they charged themselves with the hire of the negro woman Gilly but have taken her for the board of said minors and Gilly's five children to wit: Henry, aged 14 years; Eliza, 11; Randal, aged five years; Laura, three years, Corsa, aged 4 months. Wherefore they pray your that the under tutor [blank] Smith and E. M. Graham, Margaret J. Manning wife of Augustus Manning may be duly notified & cited before your honorable court and after the legal delays that the account may be allowed approved and homolgated in all its parts and for all other orders and decrees in the premises and for general relief &c. J. A. Mattox, Natural tutrix Wm. B. Mattox, Co-tutor Service of the within account acknowledged and waive notice and citation and approve the same in all its parts and join in the prayer of Petitioner for the homolgation of the same. ATTEST: M. J. Manning Savory C. Larche J. D. Smith, Under tutor J. A. Manning E. M. Graham Tutorship of the minors of Thos. B. Graham, Decd. Account of Natural Tutrix & Co-tutor filed By reason of the law and the evidence being in form of Petitions and by further reason of no opposition have been made to their account, it is therefore ordered and decreed that their within account be and the same is thereby approved allowed and homolgated in parts and particular. It is further ordered and decreed that there be Judgment in form of said minors and against said I. A. Mattox Tutrix and William B. Mattox Co-tutor in [unreadable] for [blank $] with five per cent per annum interest form the first day of January 1860 till paid. Done and signed in office on this the 7th Day of April AD 1860. Thos. C. Lewis, Clk. State of Louisiana 12th Judl. Dist. Court Parish of Union Tutorship of the minors of Thos. B. Graham, Decd. Evidence added on the homolgation of the account of I. A. Mattox Tutrix and W. B. Mattox Co-tutor, Sav C. Larche, sworn, says that he saw Jno. D. Smith, the under tutor, M. J. Manning, J. A. Manning, and E. M. Graham sign the acknowledgment of service on said account. Sav C. Larche Sworn to and subscribed before me this March the 21st 1860. Thos. C. Lewis, Clk. To the Honorable the Judge of the 12th Judicial Disct. Court in and for the Parish of Union. The petition of Evander Graham and Margaret Graham, wife of Augustus J. Manning and Augustus J. Manning who joins him for the purpose of [blank] and [unreadable] his said wife all residents of said Parish represents respectfully that they together with George Baird, John F. Graham who are minors and Isabella H. Mattox wife of William B. Mattox are the heirs and ligatures of Thomas B. Graham, Decd. Late of the State of Alabama. That Isabella A. Mattox is tutrix and Wm. B. Mattox Co-tutor to said minors. That the property of said estate consists of the following Slaves, to wit: Isaac, 30 years of age; Gilly a woman 47 years and her child and infant; Henry, a boy 13 years old; Eliza, a girl 11 years; Randal, a boy 7 years; child of Gilly, Laura 5 years of age; and the sum of $143.26 in the hand of the tutrix. Petitioner represents that they are unwilling to remain in joint ownership with their co-heirs and that they desire a portion among the heir. They represent that the tutrix and mother of the heirs was the widow of the said Thos. B. Graham, Decd. And by his will as probated in the State of Alabama where it was made and where the deceased resided at his Death was made an equal heir with the children by her relinquishing her right of dower in said property. They pray that Isabella A. Mattox for herself and as tutrix of the minors George B. & John A. Graham and William B. Mattox her husband and Co-tutor be duly cited to answer hereto and on a final hearing of this case for a judgement and decree of your honorable court ordering a partition (and appointing) of said property according to law and appointing experts to make the partition and for such other orders in the premises as shall be necessary. H. Regenberg, Atty. We hereby accept service of the within petition with citation and join in the prayer for the partition for apartition also that ad hoc may be appointed to the minors George B. Graham, John A. Graham, the tutrix being adversely interested. Isabella A. Mattox William B. Mattox Evander Graham & et. al. Vs. Isabella Mattox, Tutrix & al. By reason of the last and the evidence adduced in this case, it is ordered adjudged and decreed that the property of the estate of Thos. B. Graham deceased be partitioned and that Wm. C. Smith the recorder of Union Parish, La. And [blank] as experts make said partition according to laws that [blank] be appointed tutor ad hoc to George B. Graham and [blank] tutor ad hoc to John A. Graham to represent said mainors interes in said partition and that Isabella Mattox, Evander Graham, Margaret J. Manning, George Baird, John A. Graham be recognized as heirs of said estate. Read and signed in open court this the 14th day April 1860. R. W. Richardson Judge, 12th Dist. Ct. Evander Graham Vs. Isabella Mattox, Tutrix & Willie B. Mattox Isabella Mattox tutrix to George Baird and John A. Graham hereto joined and assisted by her husband and Co-tutor, William B. Mattox for answer admits the facts as set forth by the plaintiff and prays that a partition be had in vain according to law. They pray that as their interest in this case may be advise to the interest of their said wards that tutor ad hoc may be appointed to them for the purpose of representing them in said partition and pray for general relief. Thos. O. Benton, Atty. for Isabella Mattox and her husband William B. Mattox Evander Graham Vs. Isabella Graham Evidence introduced on the trial of the above entitled cause being a suit for a partition of the estate of Thomas B. Graham decd. Among her heirs and legatees. A certified copy of the will of Thomas B. Graham, Decd. With the probate of the same and mortuary proceedings in the estate of Thos. B. Graham, decd. Duly Certified and copy of Inventory. The record in the matter of the minor heirs of Thos. B. Graham. I hereby certified that the above is all the testimony introduced in the trial of the above cause. R. W. Richardson, Judge, 12th Dist. Ct. State of Louisiana 12 Judicial Dist. Court Parish of Union I, Stephen T. Hester do solemnly swear that I will faithfully and impartially perform all audits for the duties incumbent on me as tutor ad hoc to the minor John A. Graham in making a partition of the property of the estate of Thomas B. Graham, decd. Among the heirs to the best of my ability and judgement. So help me God. S. T. Hester Sworn to and subscribed before me this the 4th Day of May 1860. William C. Smith, Dy. Clerk, Recorder State of Louisiana 12th Disct. Court Parish of Union I A. D. McDuffie do solemnly swear that I will faithfully and impartially perform all audits for the duties incumbent on me as tutor ad hoc to the minor George B. Graham in making a partition of the property of the Estate of Thos. B. Graham decd. among the heirs to the best of my ability and understanding. So help me God. Archibald D. McDuffie Sworn to and subscribed before me this the 4th day of May AD 1860. William C. Smith, Dy. Clerk State of Louisiana Parish of Union Do you and each of you solemnly swear that you will faithfully and impartially appraise all the property that may be presented to you belonging to the estate of Thos. B. Graham, Decd. as its true value to the best of your knowledge and judgement. So help you God. D. L. Hicks A. D. McDuffie Sworn to and subscribed before me on this the 4th day of May AD 1860. W. C. Smith, Recorder Be it remembered that on this the fourth day of May AD 1860, I William C. Smith Parish Recorder and Ex Officio Notary Public in and for the Parish of Union and State of Louisiana. I proceeded to make an inventory and appraisement of the property belonging to the estate of Thos. B. Graham Decd. late of Alabama for the purpose of making or fixing a basis for making a partition of said Estate among the Heirs of the same and whereas Delana Hicks and Archibald D. McDuffie being duly appointed and sworn by me the said notary and in the presence of Lawful and competent witnesses we proceeded to make the following inventory and appraisement as follows. To Wit: Isaac, negro man age 50 years appraised @ $1050.00 Gilly, a negro Woman age 40 years appraised @ 1300.00 And her infant child name Neley Henry, a boy aged 13 years appraised @ 1350.00 Eliza, a negro girl age 11 years appraised @ 1000.00 Amount brought over 4700.00 Randal, a boy age 7 years appraised @ 800.00 Laura, a girl age 5 years appraised @ 400.00 Cash in the hand of Isabella A. Mattox 145.26 6045.26 Having completed the foregoing inventory, I have on this the 14th day of May AD 1860 closed the same. In Testimony whereof said appraisers have hereunto signed their names with me the said recorder and in the presence of the undersigned witnesses males of age and domicilated in said Parish and State. In faith whereof I hereto sign my name and affix the seal of my said office. W. B. McCormick Archibald D. McDuffie S. T. Hester De. L. Hicks William C. Smith, Recorder State of Louisiana Parish of Union We the undersigned and each of us do solemnly swear that we will faithfully and impartially all and singular the duties incumbent on us as Expert to partition the property of the estate of Thos. B. Graham, Deceased amongst his heirs according to the Judgement of partition according to the best of your judgement and abilities. So help me God. D. L. Hicks W. B. McCormick Sworn to and subscribed before me on this the 4th day of May AD 1860. W. C. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this the fourth day of May AD 1860 I Wm. C. Smith, Parish recorder and ex officio notary public in and for said parish and state and Delena L. Hicks and William B. McCormick as experts legally appraised by virtue of a judgement of the Honb. 12 Judicial District Court on and for said parish and state proceeded to make a partition of the estate of Thomas B. Graham, Decd. late of Alabama in accordance with said Judgement the heirs being or represented as follows Mrs. Isabella A. Mattox and her husband William B. Mattox, Evander Graham, Margaret J. Graham and her husband J. Augustus Manning being personal present and acting for themselves, George B. Graham represented by A. D. McDuffie as tutor ad hoc, John A. Graham being represented by Stephen T. Hester as Tutor ad hoc they both being present and acting for said minors. We find the active mass of the estate to amount to Six Thousand and forty five and 26/100 Dollars as per Inventory this day made. The following debts to be deducted: H. Regenberg, Atty. Fee $50.00 Thos. C. Lewis, Clerk fee 5.00 W. C. Smith, Recorder __13.00 $68.00 Amount to be partitioned $5977.26 There being five Heirs each distribution share is eleven Hundred and ninety five dollars and forty five cents 1195.45 Lot No. 1 is composed of negro man Isaac age 50 years appraised 1050.00 Lot No. 2 owes Lot No. 1 104.55 Lot No. 3 owes Lot No. 1 ____40.90 1195.45 Lot No. 2 is composed of negro woman Gilly aged 40 years And her infant Nelly appraised 1300.00 Lot No. 2 owes Lot No. 1 ___104.55 1195.45 Lot No. Three (3) is composed of Negro boy Henry Aged 13 years appraised 1350.00 Lot No. Three owes For No. 1 40.90 Lot No. three owes Lot No. four __113.65 1195.45 Lot No. Four (4) is composed of Negro girl Eliza Aged 11 years appraised 1000.00 Cash in the hands of Tutrix 145.26 Lot No. three owes Lot No. four 113.65 Lot No. five owes Lot No. four ___4.55 1263.45 This Lot owes The cost of partition __68.00 1195.45 Lot No. five is composed of Negro girl Laura Age 5 years appraised 400.00 Negro Boy Randal age 7 years _800.00 1200.00 Lot No. Five owes Lot No 4 ___4.55 1195.45 Wherefore the said heirs proceeded to draw lots with the following results: Stephen L. Hester tutor ad hoc for John A. Graham drew Lot No. One (1) Margaret J. Manning drew Lot No. two (2) Evander Graham drew Lot No. three (3) Isabella A. Mattox drew Lot No. four (4) A. D. McDuffie tutor ad hoc for George Graham drew Lot No. 5 Having caused the said partition to be made as aforesaid, I caused the said experts to sign the process verbal in my presence and in the presence of the undersigned witnesses on the day and date above written. The said parties and tutors ad hoc also being present and signing this process verbal. In faith whereof I hereto sign my name and affix my Seal of office. ATTEST Experts W. C. Smith D. L. Hicks David (his X mark) Calk W. B. McCormick Evander M. Graham Isabella A. Mattox William B. Mattox Margaret Manning James A. Manning Archibald D. McDuffie Tutor ad hoc for G. B. Graham S. T. Hester Tutor ad hoc for John A. Graham W. C. Smith, Recorder We hereby acknowledge service of the above and forgoing process and sworn citation and all legal delays and consent that the said process verbal be homolgated without any further fore maters. Isabella A. Mattox William B. Mattox Evander Graham Margt. J. Manning James A. Manning A. D. McDuffie Tutor for Geo. B. Graham T. S. Hester Tutor for John A. Graham I hereby certify the foregoing to be a true and correct copy of the original process Verbal of Partition as on file and of record on my office. Given under hand seal office this the 10th day May 1860. W. C. Smith, Recorder A True Record. Sept. 6th 1860. Thomas C. Lewis, Clerk Dist. Court ###########################################################################################