1847 - 1849 Succession of James Kellam, Deceased, of 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 - 1849 Succession of James Kellam, Deceased, of Union Parish Louisiana Union Parish Louisiana Succession Book A, pp. 272 - 285 ================================================================================= ================================================================================= NOTE: See also these related files: http://files.usgwarchives.net/la/union/court/evans-nm.txt http://files.usgwarchives.net/la/union/court/kellam-jw.txt http://files.usgwarchives.net/la/union/court/kellam-cl.txt ================================================================================= ================================================================================= To the Honorable the Judge of the 12th District Court in and for the Parish of Union, State of Louisiana. The Petition of Eliza Foy, widow of Kellam, resident of said parish with respect shows that James, her late husband, departed this life intestate at his residence in said Parish on the 2nd day of April 1847 leaving your petitioner separated by Judicial decree in property from him & leaving one son James Warren Kellam about four years old issue of their marriage and leaving some property but not much consisting of one slave & some personal property. She prays to be confirmed as Natural Tutrix to her said son & that you appoint an under Tutor to him. That you cause an Inventory & Appraisement to be made of the property composing his Estate according to Law & appoint his administratrix thereof and make such other or further decrees in the matter as may be necessary to afford general relief & as in duty bound &c. McGuire & Ray, Atty. State of Louisiana 12th Judicial District Court Parish of Union April 9th 1847 It is ordered that the petitioner be appointed and confirmed as Natural Tutrix to her son James Warren Kellam on taking the oath prescribed by Law and that John A. Bayliss be appointed Under Tutor on taking the legal oath for that purpose. Done & signed at my office on the 9th day of April 1847. Thos. VanHook, Clk. State of Louisiana 12th Judicial District Court Parish of Union April Term 1847 It is ordered that an Inventory & appraisement of the property composing the Estate of James Kellam be made by Claiborn M. Smith, a notary public in & for said Parish & that he call upon two citizens to act as appraisers thereof & administer an oath to them in writing according to Law and make return thereof to this office. It is further ordered that Eliza Foy be appointed administrator thereof upon giving bond & security according to law & taking the legal oath to that effect. Done and signed at my office on this the 9th day of April 1847. Thos. VanHook, Clk. Estate of James Kellam, deceased 12th Judicial District Court in & for the Parish of Union, Louisiana. I, Eliza Foy, widow of James Kellam, deceased do hereby solemnly swear that I will well and truly and faithfully discharge and perform all and singular the duties incumbent on me as administratix of the Estate of James Kellam, deceased according to the best of my abilities and understanding. So help me God. Eliza Foy Sworn to & subscribed before me this 9th day of April AD 1867. Thos. VanHook, Clk. State of Louisiana Parish of Union Be it remembered that I, Claiborn M. Smith, a notary public in & for said Parish & State duly commissioned and sworn in pursuance of an order issuing from the Honorable the 12th Judicial District Court in & for the Parish of Union & State of Louisiana have on this the ninth day of April AD 1847 proceeded to make the [unreadable] Inventory of the property composing the Estate of James Kellam, deceased, late of said Parish and calling upon Malcom McFarland and William M. Lawrence, residents of said parish to appraise and value the same and administering to them an oath according to Law, the property being presented and pointed out by Eliza Foy, widow of the said James Kellam under oath. Wearing apperal of James Kellam, deceased consisting of the following articles One coat apprd. @ $15.00 One pair pants apprd. @ 6.00 One pair pants apprd. @ [blank] Two old coats apprd. @ [blank] One hat & cap apprd. @ [blank] One summer coat apprd. @ 1.00 Four Shirts apprd. @ [blank] Three pair cat. Pants [blank] Two demin apprd. @ [blank] Two pr. drawers apprd. @ [blank] One pr. pants apprd. @ [blank] Five Kersey apprd. @ 2.00 Four pr. wool socks .75 Two worsted neck cloths apprd. @ 1.25 One satin vest, old apprd. @ .50 2 vests apprd. @ 1.00 1 worsted, old apprd. @ .50 1 bone knife apprd. @ [blank] 1 trunk apprd. @ 2.50 1 shot gun apprd. @ 2.00 1 Rifle claimed by Geo. M. Savage 25.00 Rose Negro woman apprd. @ 300.00 Lot of Books including Mercantile books 6.30 1 foot ades ____2.00 $382.00 Inventory amounting according to the appraisement $382.00. Done on this the twelfth day of April 1847 in my presents and in the presence of Thomas VanHook & John Davis, good and lawful witnesses who sign their names thereto and Malcom McFarland and William M. Lawrence, the appraisers by me appointed to appraise and value the property composing the Estate of James Kellam, deceased and of Eliza Foy, who says the inventory & appraisement at the Town of Farmerville in the Parish of Union. Witness: Thos. VanHook M. McFarland J. A. Dams Wm. M. Lawrence, appraisers Claiborn M. Smith Eliza Foy Recorder and Ex Officio Notary Public in and for the said Parish of Union, Louisiana State of Louisiana Parish of Union Be it remembered that at the second session on the 14th day of April 1847 in the Parish of Union, I, the said Notary, assisted by D. B. Trousdale and W. A. Glassun, witnesses of lawful age and domiciled in said Parish, to make the further Inventory of the property composing the Estate of James Kellam, deceased and the said appraisers valuing the same all of whom sign this Inventory and appraisement in my presence the day and year above written. The ¼ undivided interest in the Estate Of Camelia Leander Kellam, deceased Daughter of the said James Kellam apprd. @ $843.75 Amount of Inventory taken on the twelfth April 1847 382.00 Whole amount of Inventory according to Inventory and appears current $1225.75 Inventory & appraisement begun on the 12th day of April 1847 and completed on the 14th day of the same month & year. Witness: Appraiser Wm. A. Gussam M. McFarland D. B. Trousdale Wm. M. Lawrence Claiborn M. Smith Recorder and Ex Officio Notary Public in and for the said Parish of Union, Louisiana State of Louisiana Parish of Union We, Malcom McFarland and William M. Lawrence, residents of the Parish of Union appointed by Claiborn M. Smith, Notary Public in & for said Parish to appraise and value the property composing the Estate of James Kellam, deceased to each of us solemnly swear that we will well and truly appraise and value the property composing said Estate so far as any in any manner be presented to us in or come to our knowledge according to the best our abilities and understanding. So help me God. M. McFarland W. M. Lawrence Sworn to and subscribed before me this 12th day of April 1847. Claiborn M. Smith Recorder and Ex Officio Notary Public State of Louisiana Parish of Union I, Eliza Foy, widow of James Kellam, deceased do solemnly swear that the annexed Inventory contains all the property of which I have any knowledge belonging to James Kellam, deceased in the Town of Farmerville, Union Parish, Louisiana. So help me god. Eliza Foy Sworn to & subscribed before me this 12th day of April 1847. Claiborn M. Smith, Recorder and Ex Officio Notary Public in and for the Parish of Union. 12 Judicial District Court Union Parish, Louisiana Whereas Eliza Foy has been appointed and confirmed administratrix of the Estate of James Kellam, deceased by the said Court and taken the oath and given bond and security according to law. Now therefore she is hereby fully authorized and empowered to do and perform all and singular the acts and duties appertaining or belonging to said appointment according to law. Given under my hand and the seal of the said Court at my office on this 24th day of April 1847. Thos. VanHook, Clk. State of Louisiana Parish of Union Know all men by these presents that we Eliza Foy, as principal and John A. Bayliss and Malcom McFarland her securities, all residents of said parish are held and firmly bound to pay unto the Honorable Geo. W. Copley, Judge of the 12th Judicial District, Louisiana or to his successors in office in the sum of Fifteen hundred and thirty three dollars, for which payment made and truly to be made we bind ourselves, our Heirs and assigns jointly severally firmly by these presents on this 20th day of April 1847. This is the conditions of the above obligation whereas the said Eliza Foy has been appointed by the 12th Judicial District court in and for the Parish of Union, Louisiana, administratrix of the Estate of James Kellam, deceased. Now therefore if the said Eliza Foy shall well and truly discharge & perform all and singular the duties devolving upon her as such administratrix according to law, then the above obligation to be void, otherwise in force. Eliza Foy J. Bayliss M. McFarland 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, the widow Kellam, resident of said parish administratrix of the Estate of James Kellam, deceased, he late husband with respect showeth that said Estate is insolvent & will not be able to pay but a small part of its debts, that there has been an inventory & appraisement of the property composing the Estate, the whole of which must be sold to pay debts. Wherefore she prays your Honor to order a meeting of the creditors of said Estate to be holden before some notary Public or Justice of the peace to deliberate & fix the terms upon which the sale should be made & for general relief as in duty bound &c. McGuire & Ray, Attys. State of Louisiana, District Court, Parish of Union It is ordered by the Court that a meeting of the creditors of the Estate of James Kellam, decd. be held before Claiborn M. Smith, Parish Recorder at his office in Farmerville on Wednesday the 22nd of December 1847, that due notice thereof be given for the purpose set forth in the foregoing petition & that a copy hereof be furnished to said Recorder. Done & signed in open Court this 3rd day of November 1847. Geo. W. Copley Judge of the 12th District State of Louisiana Parish of Union Be it remembered that on the 22nd day of December 1847 in pursuance to an order of the Honorable 12th Judicial District Court dated the 3rd day of November 1847 to me directed as parish Recorder in and for said Parish and State a duly certified copy of which order is hereto annexed and made part of this proceeding, directing a call and meeting of the creditors of the Estate of James Kellam, deceased, late of said Parish and state to take place at my office in the Town of Farmerville on Wednesday the 22nd day of December 1847 due and legal advertisement of said meeting of the creditors having been made in the newspaper called the Ouachita Courier, printed and published in Monroe in the Parish of Ouachita on the 26th day of November 1847 and before and afterwards weekly in which said advertisement was made as will fully appear by reference to the printed slip hereto annexed are made a part f this proceeding. Taking from a copy at the Ouachita dated February 26th 1847. Said advertisement having been made in conformity to Article 1162 of the Civil Code of Louisiana, no citation in conformity to Article 1162 of the Civil Code of Louisiana having been made as there was no debits presented and allowed by the administratrix except the one held by herself against the Estate previous to this day. Wherefore at 11 o’clock an item the 22nd of December 1847. I attended at my said office on that day until 4 o’clock AM and the following against the insolvent estate of said James Kellam and dated for the terms of the sale of the property of the Estate of said James Kellam as is set forth as follows to wit: McGuire & Ray, attorneys at law represented herein by Hamilton Attorney at law presents the following claims, Judgement of Eliza Kellam on James Kellam her husband for $15,394.56 with 5 percent per annum interest from April 29/43 credited Aug. 5/43 with $3524.33 leaning due on Aug 5/43 $12075.46 with 5 per cent Int. from that date also costs to clerk $8.5 Tax 10 Voucher A a special privilege is claimed for the judgment $12075.46 18.75 Judgment of Lambeth & Thompson vs. James Kellam for $4000 with ten per cent interest per annum thereon from the 1st of February 1841. This judgment was rendered in the mortgage office in the Parish of Ouachita on the 1st November 1841 and from that date operated a Judicial Mortgage on all James Kellam’s mortgageable property and which mortgage is claimed here, Voucher B $ 4000.00 Cash in the above case clerk’s $12.37, Sheriff $8.50, Tax $10 30.87 The above costs are claimed as a special privilege judgment in the case of B. Hemkin vs. James Kellam for $738.03 with interest as thereon set forth, credited September 3rd 1843 with $133.33 1/3 and February 3rd 1844 with $1000 costs in this case clerk’s $9.87, Tax fee $10, Shff fee $60, Dr. Brigham $39.75 the credits in this case very near extinguish this judgment leaving but a small See Voucher C. [blank] Judgment in the case for the use of Hodge further use of Hemkin vs. James Kellam for $333.33 with 5 per cent per annum interest from April 1/41 credited Sept. 3/42 being a balance due Sept 5/42 of $312.77 with 5 per cent interest from Sept. 3/42, cost Clk. $9.87, Tax fee $10, Shff. cost $20, a special privilege is claimed for the cash voucher D $312.99 Resident as mortgage in Ouachita May 3/41 39.87 Judgment in the case of E. D. Hyde &c vs. James Kellam for $1206.26 with interest as specified in the Judgment see vouchers S recorded Nov 1/41 as mortgage clerks cost $6.62 Tax fee $10, Shff. $42.76 1206.26 55.37 This cost is claimed as a special & general privilege as awarded by said judgment in the case of E. D. Hyde &c vs. James Kellam, Benj. & John Temple for $683.99 with interest as in specified in the Judgement See voucher E. This judgment is recorded in the mortgage office on the 11th November 1842 38.99 Cost clk’s fee $41.00, Shff & Tax fee $18.50 60.00 Judgment of A. Washburn vs. James Kellam for $575.50 with 5 per cent per annum interest from Aug 17, 1842 see voucher O credited Aug 5/43 with $116.66 2/3 leaving Balance of $275.40 with 5 per cent int. from Aug 5/43 this is a judgment 275.40 Cost’s: Clerk $11, Tax fee $10, Shff. Cost $18 for this cost a privilege is claimed. 39.00 Judgment of Hadoux &c vs. James Kellam for $1515.70 with 10 per cent int. from Nov 26/40 credit July 6/40 with $666.66 1/3 leaving balance of $1304.78 with ten percent interest from July 6/44 1504.78 Costs: Clerk $13.75, Tax fee $10; postage $2, Sheriff fee $30, a privilege is claimed for the above cost & this judgment is recorded in the mortgage offer see Voucher H 53.75 Note in favor of J & JW Unsan as order for 114.97 With 10 percent interest Apr 13/39 Amount in favor of E. D. Hyde &c for 33.25 Note in favor of Wm. McKey for 607.18 with 10 per cent interest from June 22nd AD 1839 Note of Stephen Kenny and James Kellam in favor of Paulina McKey with 20 per cent from April 1/44 34.79 Note of James Kellam vs. Sherad McCall to Paulina McKey 20 percent interest from April 1/40 [blank] Note of John H. Guse & James Kellam in favor of Wm. McKey heirs with 10 per cent interest from due April 1/40 37.21 Amount of James Kellam to Wm. McKey’s Estate 146.38 43.70 Costs of the copies filed in this case amounting to $5 as cost of the proceeding 5.00 The above creditors vote that the sale take place on the terms prescribed by Law in the articles 999, 991 & 992 of the code of Practice that is that the property be first offered for cash and if no sale then, to be sold on a credit of 12 months for what it will bring. John Cunningham for the use of Selvamens Shepperd represented herein by Bailey & McGill, Atty. at law present the following claims the same being privileged debts see Voucher H & I [blank] The Estate of James Kellam to John Cunningham Dr. to building vault 17.00 The Estate of James Kellam to John Cunningham Dr. to building vault 50.00 Bailey & McGill also present the Estate of James Kellam to Edmond Crane, Dr. to [unreadable] land 15.00 The above amount is a privilege claim (See voucher Marked I) Thomas VanHook presents an account as follows: The Estate of James Kellam to Thomas VanHook Dr. for services rendered as clk. $20.60 marked K 20.60 Bailey & McGill, attys. Also presents the amount of Dr. Delard as follows the Estate of James Kellam to West & Delard, dr. to medication and attention during last illness, the same is a privilege claim. See voucher marked L. 52.50 and the last creditors to wit John Cunningham for the use of S. Shepherd Edmund [unreadable] Dr. West & Detard and Thomas Van Hook represented by their attorney Bailey & McGill rate that the sale late place on the terms prescribed by the Articles 990, 991 & 992 of the Code of Practice that is that the property be first offered for cash and if not sold to be sold on a credit of 12 months. Done & signed in office in Farmerville on the 22nd of December AD 1847. Claiborn M. Smith Recorder, and Ex Officio Notary Public in and for the Parish of Union H. Bailey Bailey & McGill Certify the above to be a true and correct copy of the acts and proceedings had before me this 22nd day of December 1847 Claiborn M. Smith, Recorder and Ex officio Notary Public. To the Honorable the Judge of the 12th Judicial District Court in and for the Parish of Union, Louisiana the Petition of Bailey & McGill, attorneys at Law who herein represents the creditors of the insolvent Estate of James Kellam, deceased with respect represents unto your honor that on the 22nd day of December 1847 at a meeting of the said creditors after due and legal advertisement convened at the office of Claiborn M. Smith, Notary in & for said Parish for the purpose of deliberating on the most advantageous manner of selling the effects of the said Succession, a majority of the said creditors voting in the presence of the said Notary that the effects of said succession be sold in accordance with Articles 990, 991 & 992 of the civil code of Practice. A copy of said proceedings hereto annexed had before said notary is duly filed in the office of the Clerk of the said Court, whereupon petitioner prays that the sale of the said effects take place after legal advertisements and on the Terms presented in the said Articles of the Code of Practice and that the said proceedings had before the said Notary be homologated & confirmed and for such other orders, decrees and relief in the premises the case may require &c. Bailey & McGill, Attys. State of Louisiana 12th District Court Parish of Union Let the prayer of Petitioner be granted and it is further ordered and decreed the proceedings, a copy of which is hereto annexed, be homologated and confirmed that the sale of the effects belonging to the Estate of James Kellam, late of said Parish, deceased be made by Avery Breed, Sheriff after due and legal advertisement in accordance with the said proceedings and the prayer of petitioner, and it is further ordered that if the said effects are not sold for cash, then on a credit of twelve months, that the purchaser or purchasers thereof shall give Bond & Security to the satisfaction of the said Court and Administratrix of the said Estate and a mortgage on the real estate purchased. Given under my hand this 25th day of December 1847. Thos VanHook, Clk. Finald Account of the administration of the Estate of James Kellam, deceased rendered by the administrator Eliza Foy, now wife of Burrell H. Jones, who appears herein to authorize and assist his said wife. The administratrix charges herself as follows to the amount of the appraisement on the inventory of said Estate made on the 12th and 14th days of April 1847 and which were filed in the Clerk’s office of Union Parish on the 15th day of April 1847. Whole amount of both $1225.75 All the property composing said Estate composed on said inventory was sold on the [blank] day of [blank] and brought the amount of the appraisement as above set forth which constitutes the whole of said Succession 1225.75 The Admx. Chares herself with ¼ of the hire of Camelia L. Kellam’s negroes for one year, the hire after that time goes to B. H. Jones, the purchaser of James Kellam’s estate ___100.00 $1325.75 The following claims have been presented against said Estate and allowed and set down for payment in the following order, the Estate being insolvent & the property having been sold by the order and on the Terms prescribed by the creditors according to Law First class of Privileges, Law Charges Thomas VanHook, Clerk’s 30.00 C. M. Smith, Recorder’s fees 10.00 McGuire & Ray, Atty. Fees, admr. 150.00 W. E. Smith, Advertising, call of creditors 17.50 Coffin for decd. 30.00 Second Class of privileges, Expenses of Last illness & funeral charges Vou. # 1 Dr. West & Delord, Medical Bill __52.00 Amount carried forward $270.00 2 Carson & Bayless for funeral clothing 50.00 3 E. Crane acct. for building vault 15.00 4 W. M. Lawrence Bill of bricks 16.56 Third Class of privileges, Costs due clerk’s and Shff. on the following Judgts. 18.75 A5 Eliza Kellam & James Kellam his heirs 38.87 B6 Lambreth & Thompson, same 5.00 C7 B. Hemkin, same 39.87 D8 Hodge for Hemkin, same 57.37 E9 E. D. Hedge & Co., same 60.00 F10 Same vs.Kellam & Temple 39.00 G11 A. Washburn vs. James Kellam 55.15 H12 A. Ladam &c , same [blank] Cost of the above copies from A to H 5.00 The negro rose placed on the Inventory of said Estate was mortgaged to secure the payment of judgment in favor of Kause & Davidson vs. James Kellam and the price for which she was sold should be placed to its credit 300.00 There is a privilege mortgage on all the property of James Kellam in favor of his wife Eliza Kellam for the sum of $15394.56 ¼ with 5 per cent per annum interest thereon from the 29th April 1843 subject to a credit of $3526.33 1/3 the 5th day of April 1843 all of the above is witnessed by the judgment of Eliza Kellam vs. James Kellam, her husband No. 1361 of the dockets of Ouachita District Court and marked A as above set forth 350.00 This amount consumes all that is left of said Estate of the paying privileges of a higher order 1325.75 McGuire & Ray, Atty. To the Honorable Judge of the twelfth Judicial District Court in and for the Parish of Union, the State of Louisiana. The petition of Eliza Foy, now the wife of Burrel H. Jones, administratrix of the Estate of James Kellam, deceased, authorized and assisted by her husband who joins herein for that purpose with respect represents unto your Honorable Court that she has fully administered the said Estate of James Kellam, Decd. The whole property has been sold under the order of the civil creditors and that she herewith presents a Tableau of Distribution of said Estate the same being insolvent which Tableau, petitioner prays may be advertised according to Law and finally that the same may be approved, confirmed & Homologated & she authorized to pay the debts according hereto & that upon paying the same that she be released from the bond and [unreadable] as admr. Of said Estate & for general relief &c. McGuire & Ray, Atty. Let the above and foregoing be advertised according to Law. Done & signed in chambers on this day of January AD 1849. Geo. W. Copley, Judge of the 12th District Court Estate of James Kellam, Decd. Finald account of Administratrix By reason of the Law & Evidence in this case and the within account having been advertised according to Law. It is ordered, adjudged and decreed by he Court that the within Tableau of Distribution and account of the Succession of James Kellam, deceased be appraised, confirmed and homologated, the same not having been appraised and it is further ordered that the administratrix Eliza Foy be released from her Bond as Administratrix upon her paying the debts as the same are set forth in this account pro rata, and that the cost of the account be paid by the Estate. Done & signed in open Court on the 13th day of June 1849. Geo. W. Copley, Judge Of the 12th District Court Estate of James Kellam Final account Admx. Offers extract from Union Expositor of dated 13th March 13th 1849. Thos. VanHook says that the advertisements of the acct. took place by being stuck or posted up at 3 public places in the Parish & also by publication in the Union Expositor. James Kellam Estate State of Louisiana Parish of Union 12th District Court Extract form Union Expositor: Eliza Kellam, the administratrix of the Estate of James Kellam has filed in the office of the said Court at the town of Farmerville, a final account of her administration of said Estate and prays that the same may be allowed and homologated and all persons having opposition to make to the account are hereby notified to file the same in the said office within ten days from the date hereof. Given under my and on the 5th day of March AD 1849. Thos. VanHook, Clk. The above is all the Testimony adduced on the application to homologate the final account of the administratrix this 14th day of June 1849. Geo. W. Copley, Judge of the 12 District Court ############################################################# File at: http://files.usgwarchives.net/la/union/court/kellam-james.txt