1844 - 1845 Union Parish Louisiana Tutorship & Succession of Thomas Smith Heard Submitted by: Shawn Martin Date of Submission: 11/2008 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================== ================================================================================== 1844 - 1845 Union Parish Louisiana Tutorship & Succession of Thomas Smith Heard Union Parish Louisiana Succession Book A, pp. 102 - 114 ================================================================================== ================================================================================== To the Honorable the Judge of the Court of Probation and for the Parish of Union in the State of Louisiana. The Petition of Thomas M. Smith, a resident of your said Parish and State with due respect represents unto your Honor that George Felix Heard and Emily Smith Traylor, his wife both now deceased and both dying out of the State leaving a minor child named Thomas Smith Heard aged now nearly four years, said minor being born in the State of Alabama, when its parents there resided. Petitioner represents unto your Honnor that said minor is now in your said Parish living with its relatives, most of whom reside in our said Parish, that this Parish is now the only residence said minor has and that what property said minor may own is principally in said Parish and consists in whole or in part of about ten negroes formerly given by your Petitioner to the mother of said minor of Thomas Smith Heard. Petitioner further represents unto your Honor that Mrs. Sarah Traylor, the Grandmother of said minor is alive and residing in your said Parish, but that she is unwilling to accept the Tutorship of said minor on account of her great age and being unacquainted with such business. But in as much as said minor has no legal Tutor, Josiah C. Traylor, the Uncle to said minor is willing to assume the responsibilities and act as Tutor to said minor and your Petitioner is a relation by affinity and friend to said minor is willing to assume the responsibilities and act as Tutor to said minor. Wherefore Petitioner prays your Honor to cause a family meeting to be convened composed as the Law directs to advise and reccomend who should be appointed Tutor to the minor Thomas Smith Heard and to advise and reccomend the interest of said minor generally and for all such orders and decrees in the premises as the nature of the case and justice and equity may require and as in duty bound &c. McGuire & Ray atty for Pet. State of Louisiana Parish of Union Let the prayer of the within Petitioner be granted and it is further ordered that a family meeting be convened, composed of Samuel Traylor, James Traylor, John Traylor & Pascal B. Traylor, own uncles of the minor Thomas Smith Heard and John Hill uncle by marriage to said minor to convene at the house of Thomas M. Smith in this Parish on the 31st day of July 1844 to advise and reccomend who shall be appointed Tutor to said minor Thomas Smith Heard and touching the interest of said minor generally. Done and signed in chambers on the 22nd day of July 1844. John Taylor Probate Judge Union Parish, La., July 1844 I, Sarah Traylor, hereby renounce my claim as Tutor or right to become Tutrix of the minor Thomas Smith Heard as granted to me by law. I also decline acting as a member of the family meeting to advise who shall be appointed Tutor to said Minor. July 28th 1844 Sarah Traylor State of Louisiana Court of Probates Parish of Union Whereas Josiah C. Traylor has been appointed Tutor to Thomas Smith Heard, minor heir of George Felix Heard and Emily Smith Traylor, alias Heard, both deceased having given bond and security and taken the oath prescribed by law. Now therefore, he is hereby authorized and empowered to discharge and perform all and singular the duties appertaining to the said appointment according to law. In testimony whereof, I have hereunto signed my name and affixed my seal of office on this 31st day of July AD 1844. John Taylor Judge of Probates State of Louisiana Court of Probates Parish of Union Know all men by these presents that we, Josiah C. Traylor, as principal and Thomas M. Smith his security of the State of Louisiana are held and firmly bound unto John Taylor, Judge of the Court of Probates in and for the Parish of Union or to his successors in office in the sum of Four thousand six hundred and twenty five dollars current money of the United States of American which we promise to pay to him or his successors in office for the faithful performance of which we bind ourselves and each of us our and each of our heirs, Executors and Administrators jointly and severally firmly these presents renouncing all benefit or division or discussion whatsoever signed on this thirty first day of July AD 1844. The condition of the above obligation is such that whereas the above bounden Josiah C. Traylor has been appointed Tutor to Thomas Smith Heard, minor child of George Felix Heard and Emily Smith Traylor, alias Heard, both deceased. Now if the said Josiah C. Traylor does well and truly according to law administer the same and further does make and render a true, just and perfect account of his actions and doings when hereunto lawfully required either by the aforesaid Judge or his successors in office agreeably to law or by the said heirs or his lawful attorney or attorneys, then this obligation to be void or else to remain in full force and virtue. In witness whereof, we have hereunto set our hands and seals this day and year first written above. In presence of [blank] the word five underlined in the first page inserted before signing. TESTE: Sam Traylor Jos. C. Traylor Jno. Traylor T. M. Smith State of Louisiana Parish of Union I, Josiah C. Traylor, do solemnly swear that I will discharge and perform all and singular the duties incumbent on me as Tutor to Thomas Smith Heard, minor to the best of my knowledge. So help me God. Jos. C. Traylor Sworn to and subscribed before me this 31st day of July 1844. John Taylor Parish Judge State of Louisiana Court of Probate Parish of Union Whereas Thomas M. Smith, has been appointed Under Tutor to Thomas Smith Heard, minor child of George Felix Heard and Emily Smith Traylor, alias Heard both deceased, and having taken the oath prescribed by law. Now therefore, he is hereby authorized and fully empowered to discharge and perform all singular the duties appertaining to the said appointment according to law. In testimony whereof I have hereunto signed my name and affixed my seal of office on this 31st day of July AD 1844. John Taylor Judge of Probates State of Louisiana Parish of Union I, Thomas M. Smith do solemnly swear that I will perform all and singular the duties incumbent on me as Under Tutor to the minor Thomas Smith Heard to the best of my knowledge. So help me God. T. M. Smith Sworn to and subscribed before me this 30th day of July 1844. John Taylor Parish Judge The State of Alabama Perry County Know all men by these presents that I, Thomas M. Smith of the County and State written for and in consideration of the love and affection which I bear and entertain for my adopted child and daughter Emily S. Traylor of the same county and state with myself and for and in consideration of the sum of one dollar lawful money to me in hand paid the receipt whereof. I do hereby acknowledge this day given, granted and confirmed and by these presents do give, grant and confirm unto the said Emily S. Traylor all and singular and each and every the following named negroes to wit: Peter, Maria, Hariet, Jane, Harrison, Celia, Francis, Nancy, Green, Susan, Ellen, and Porter to have and to hold the said Negroes here before given granted and confirmed or intended to be given, granted and confirmed with all and every of the offsping of the female negroes hereafter to be born unto the aforesaid Emily S. Traylor for the term of her natural life receiving having and taking for and during the period of her natural life all and singular the profits, benefits and advantages arising from the premises and after the administration of her natural life as aforesaid. I hereby give, grant and confirm all the aforesaid negroes with the increase of the females as aforesaid to the heirs of her body to be taken and enjoyed presently after her death and to have and hold the premises to them and their heirs of their bodies forever and it is further agreed and understood that I, the aforesaid Thomas M. Smith am to have keep and retain for my use and benefit free of any hire all the above named negroes until the first day of January eighteen Hundred and forty and I hereby bind myself, my heirs, executors and administrators and assigns and all and each and every of them respectfully to deliver all the negroes aforesaid unto the said Emily S. Traylor for the purpose and intent as set forth heretofore in these presents. So soon as the said first day of January eighteen hundred and forty shall have passed. In witness whereof, I the said Thomas M. Smith have this tenth day of September in the year of our Lord eighteen hundred and thirty nine to these presents set my hand and seal. Thomas M. Smith Done in presence of, William A. Jones Hugh Davis The State of Alabama Perry County Personally appeared before Jesse B. Navo, Clerk of the County Court aforesaid, Thomas M. Smith who acknowledged he signed, sealed and delivered the above deed of gift to Emily S. Traylor for the purpose therein mentioned names and on the day and date above. Given under my hand and seal of office this tenth of September 1839. Recorded 11th Sept 1839 J. B. Navo, Register by W. A. Watson, Deputy The State of Alabama Perry County I, Jno. Cunningham, Clerk of the County Court of Perry County and State of Alabama do hereby certify that the foregoing contains a true and correct transcript of a deed of gift made by Thomas M. Smith to Emily S. Traylor as will more fully appear reference being had to the records of the County Court of said County in Book E, Page 124. Given under my hand and seal of office this 23rd day of April AD 1844 and of American Independence the sixty eighth year. John Cunningham, Clk County Court, Perry County State of Louisiana Parish of Union Be it remembered that on this 31st day of July AD 1844, that I, John Taylor, Parish Judge and Ex Officio Notary Public in and for said Parish and State, having received sufficient information of the death of George Felix Heard and his wife Emily Smith Traylor the said George Felix Heard died in the Republic of Texas and his wife Emily Smith Traylor died in the State of Alabama. They left a minor child issue by their marriage which said minor is represented to be now living in the Parish of Union with his Grandmother Sarah Traylor and having a considerable legacy now in the possession of Thomas M. Smith, also a resident of said Parish consisting of about ten negroes and for the purpose of making an inventory and appraisement of said property. I have repaired to the house of the said Thomas M. Smith and for the purpose as aforesaid, I have appointed John Hill and Richard Bass, residents and free holders of said Parish appraisers to appraise said property and when after being well and duly sworn by me, the said Judge, well and truly to do and perform all and singular the matters and things herein according to law have proceeded as follows together with me Judge and undersigned witnesses and parties. Inventory Appraisement Harrison, negro man aged 24 years $750.00 Francis, a girl aged 11 years 425.00 Nancy, a girl aged 10 years 350.00 Ellen, a girl aged 6 years 150.00 Jefferson, a boy aged 3 years 125.00 James, a boy aged 2 years 100.00 Sealy, a woman aged 30 years and her child Lucinda 450.00 Porter, a boy aged 13 years 450.00 Peter, a man aged 54 years 275.00 Mariah, a girl aged 13 years 375.00 Harriet, a girl aged 10 years, diseased 50.00 Jane, a girl aged 7 years __200.00 $3700.00 The inventory amounting to three thousand and seven hundred dollars. In testimony whereof said parties appraised and signed these presents together with Thomas M. Smith who first deeded the above property which will more fully appear by reference to a copy of said deed hereto annexed the negro boy Green in said deed has since died since he executed said deed together with the undersigned witnesses and me Judge. James M. Traylor John Hill Saml. Traylor Richard Bass John Taylor, T. M. Smith Parish Judge We do solemnly swear that we will to the best of our knowledge appraise all the property comprising the Estate and Succession of George Felix Heard and Emily Smith Heard, deceased, so far as may be shown or comes to our knowledge. So help us God. John Hill Richard Bass Sworn to and subscribed before me this 31st day of July 1844. John Taylor Parish Judge To the Honorable the Judge of the Probate Court in and for the Parish of Union and State of Louisiana. The petition of Josiah C. Traylor, a resident of your said Parish and State with due respect represents that Thomas Smith Heard, a minor to whom your Petitioner was Tutor aged about 4 years and nine months departed this life at the house of J. C. Traylor in your said Parish and State on the 7th day of July 1845 leaving neither Father nor Mother nor brothers nor sisters in the State but leaving a considerable estate of property real and personal, rights and credits in your said Parish at the residence of your Petitioner. Petitioner gives this information to your Honor in order that the legal formalities should be complied with. He asks the Court that such proceedings should be had as the Law directs and as in duty bound &c. W. J. Q. Baker, Atty. To the Honorable Judge of the Court of Probates in and for the Parish of Union in the State of Louisiana. The Petition of Thomas M. Smith, resident of the Parish of Union in the LState of Louisiana with respect represents unto your Honor that Thomas Smith Heard, late a resident of your said parish of Union departed this life intestate in your said Parish on the seventh day of July AD 1845 at the house of Josiah C. Traylor leaving no descendants no discendants to inherit his Estate, he the deceased being a minor aged about four years and nine months. Petitioner further represents unto your Honor that sais deceased had a considerable Estate of property real and personal, rights and credits and situated in your said Parish and State and that no one has come forward as yet to claim said succession in consequence of which the Succession of said Thomas Smith Hear is yet vacant. Wherefore Petitioner prays your Honor to appoint him Curator of said Estate and Succession of Thomas Smith Heard after complying with all the legal formalities of advertising the application and that your Honor proceed to make an inventory and appraisement of said Estate according to Law and for all such orders and decrees in the premises as the nature of the case may require and as in duty bound &c. McGuire & Ray, Attys. State of Louisiana Probate Court Parish of Union The foregoing and within application of Thomas M. Smith to be appointed Curator of the vacant Estate and succession of Thomas Smith Heard having been advertised according to Law by Advertisements posted up at the Court House door in the Town of Farmerville from the 16th day of August to the 30th day of August AD 1845 and no opposition having been made thereto. It is therefore ordered that Thomas M. Smith be appointed Curator of the vacant Estate and Succession of Thomas Smith Heard upon his taking the oath and giving bond according to law and that letters of Curatorship issue accordingly and it is further ordered that an Inventory and appraisement of said Estate and succession be made by John Taylor, Parish Judge and Ex Officion Notary Public according to Law. It is further ordered that P. May and S. H. McGill, his associates be appointed council for absent heirs. Done and signed in open court on this 30th day of August AD 1845. John Taylor Probate Judge State of Louisiana Court of Probate Parish of Union This is to certify that Philip May and S. H. McGill his associate Attorneys at Law have been appointed council to the abosent heirs of Thomas Smith Heard, deceased late of Union Parish. Now therefore they are authorized and fully empowered to discharge all and singular the duties appertaining to the said appointment according to Law. In testimony whereof, I have hereunto signed my name and affixed my seal of office this 30th day of August AD 1845. John Taylor Judge of Probates State of Louisana Parish of Union Be it remembered that on this 30th day of March AD 1846 that I, John Taylor, Parish Judge and Ex Officio Notary Public in and for the Parish of Union, State of Louisiana having received official information of the death of Thomas S. Heard, a minor who departed this life at the house of Josiah C. Traylor, his Tutor in the Parish of Union on the 7th day of July 1845 leaving no heirs assending nor descending in the said State of Louisiana, but leaving a considerable Estate real and personal, rights and credits and for the purpose of making an inventory and appraisement of said descendant's Estate, I have repaired to the house of Thomas M. Smith and for the purpose as aforesaid, I have appointed Levi Jourden and James C. McNeal free holders and residents of said Parish appraisers to appraise all the property comprising said decedant's Estate and when after being and truly sworn by me the said Judge well and truly to do and perform all and singular the matters and things herein according to Law. I have proceeded as follows together with the undersigned witnesses and parties: Inventory Appraisement Harrison, negro man aged 27 years $650.00 Francis, a girl aged 13 years 500.00 Nancy, a girl aged 12 years ___400.00 $1550.00 Amount brot. forward $1550.00 Ellen, a girl aged 8 years 200.00 Jefferson, a boy aged 5 years 150.00 James, a boy aged 4 years 100.00 Sealy, a woman aged 32 years 300.00 Porter, a boy aged 15 years 500.00 Maria, a girl aged 14 years 300.00 Harriet, a girl aged 12 years, diseased 150.00 Jane, a girl aged 9 years 225.00 Peter, a negro man 56 years ___200.00 Amount $3675.00 The Inventory amounting to three thousand six hundred and seventy five dollars, in testimony whereof said parties appraisers have signed these presents together with the undersigned witnesses, residents of said Parish and Stephen H. McGill of Council for the absent heirs and me Judge the day and date first above written. C. T. Barton J. C. NcNeill T. D. Cooper Levi Jourdon John Taylor, S. H. McGill, Atty. Parish Judge for absent heirs Thomas M. Smith claims the above named and appraised negroes by virtue of a deed of gift of which a copy is on file in the Probate Judges office on the 31st day of July 1844. John Taylor Parish Judge and Ex Officio Notary Public We and each of us do solemnly swear that we will to the best of our knowlege appraise all the property comprising the Estate and Succession of Thomas S. Heard, Deceased so far as will be shown or may come to our knowledge. So help us God. James C. McNeill Levi Jourdon State of Louisiana Court of Probates Parish of Union Know all men by these presents that we, Thomas M. Smith as principal and John Traylor his security of the State of Louisiana, are held and firmly bound unto John Taylor, Judge of the Court of Probate in and for the Parish of Union or to his successors in office in the sum of Four thousand seven Hundred and eighty one dollars current money of the United States of America which we promise to pay to him or his successors in office for the faithful performance of which we bind ourselves and each of us our and each of our heirs, Executors and Administrators jointly and severally firmly by these presents renouncing all benefit or division or discussion whatsoever sealed with our seals and signed on this 1st day of September AD 1845. The condition of the above obligation is such that whereas the above bounded Thomas M. Smith has been appointed Curator of the Estate of Thomas S. Heard, a minor late of said Parish, deceased. Now if he does well and truly according to Law Administer the same and further does make a true and just and perfect account of his actions and doings when thereunto lawfully required either by the aforesaid Judge or his successors in office agreeably to law or by the heirs of said deceased or their lawful attorney or attorneys, then and in that case this obligation to be void or else to remain in full force and virtue. ATTEST: Jos. C. Traylor T. M. Smith Jas. M. Traylor Jno. Traylor State of Louisiana Parish of Union I, Thomas M. Smith, do solemnly swear that I will dishcarge and perform all and singular the duties incumbent on me as Curator to the Estate of Thomas S. Heard, deceased to the best of my understanding. So help me God. T. M. Smith Sworn to and subscribed before me this 1st day of September 1845. John Taylor Parish Judge State of Louisiana Court of Probates Parish of Union Whereas Thomas M. Smith has been appointed Curator to the Estate and Succession of Thomas S. Heard, a minor late of said Parish deceased and having bond and security and taken the oath as prescribed by law. Now therefore he is hereby authorized and fully empowered to discharge and perform all and singular the duties appertaining to the said appointment according to law. In testimony whereof, I have hereunto signed my name and affixed my seal of office on this 1st day of September AD 1845. John Taylor Judge of Probates State of Louisiana Parish of Union This is to certify that I, Thomas M. Smith, Curator of the Estate and Succession of Thomas S. Heard, a minor late of said Parish, deceased has this day had a full and final settlement with Josiah C. Traylor, Tutor to said minor and have received all the property comprising said Estate and Succession. In faith whereof, I have hereto signed my name in presence of the undersigned witnesses this 1st day of Sepember AD 1845. Jno. Traylor T. M. Smith, Curator Jas. M. Traylor To the Honorable the Judge of the Probate Court in and for the Parish of Union, State of Louisiana. The petition of Josiah C. Traylor, Ex Tutor to Thomas S. Heard, a minor deceased with respect sheweth that he has made a full and final settlement with Thomas M. Smith, Curator to said Estate as will fully appear by reference to the above. Wherefore Petitioner prays your Honor that his bond be canceled and annulled and that he be released from all his liabilities as Tutor for said minor as in duty bound your Petitioner ever prays. Jos. C. Traylor By reason of the law and evidence in this case and upon the showing made by Josiah C. Traylor, it is ordered that the prayer of the petitioner be granted and that his bond be canceled. Done and signed in Chambers, this the 1st day of September 1845. John Taylor Judge of Probates ############################################################# File at: http://files.usgwarchives.net/la/union/court/heard-thomas-smith.txt