1847 - 1848 Tutorship of Minor James Warren Kellam, 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 - 1848 Tutorship of Minor James Warren Kellam, of Union Parish Louisiana Union Parish Louisiana Succession Book A, pp. 286-300 ================================================================================= ================================================================================= NOTE: See also these related files: http://files.usgwarchives.net/la/union/court/evans-nm.txt http://files.usgwarchives.net/la/union/court/kellam-james.txt http://files.usgwarchives.net/la/union/court/kellam-cl.txt ================================================================================= ================================================================================= To the Honorable Judge of the twelfth Judicial District Court in and for the Parish of Union, in the State of Louisiana. The Petition of John A. Bayless Under Tutor to the minor James Warner Kellam, resident of the Parish of Union in said State with respect represents unto your Honorable Court that Eliza Kellam the mother of said James Warren Kellam and formerly his Tutor has by Law been deprived of the Tutorship of said minor in consequence of having intermarried with Burrel H. Jones, resident of the Parish of Ouachita, La. without having been [unreadable] in the Tutorship by legal proceeding taken to her said marriage. Petitioner avers that James Kellam, father of the minor James Warren Kellam died in your said Parish of Union which was his residence in your said Parish at the same residence of his family & continued to be the residence of his family, said minor & his mother & Maternal Tutrix until she was deprived of her Tutorship and the Estate of James Kellam is now open & in a course of administration in said Parish. Petitioner avers that said minor has a large interest in your said Parish of Union which required that he should have some person legally appointed to represent him as Tutor and it becomes the legal duty of your petitioner as Under Tutor to cause a tutor to be appointed to said minor. Wherefore Petitioner prays your Honor to cause a family meeting to be convoked to take the matters stated in this petition into consideration and to recommend some suitable and proper person to act as Tutor to said minor James Warren Kellam, and Petitioner prays for all such orders and decrees in the premises as the case may require &c. McGuire & Ray, Atty. State of Louisiana Parish of Union The matters stated in the within petition being known to me and having been duly considered, it is ordered that a family meeting be convened, composed of G. M. Savage, R. K. Lane, T. M. Smith, M. McFarland & W. C. Carr friends and near neighbors to the minor James Warren Kellam to advise and recommend who should be appointed Tutor of said minor and that John A. Bayless, Under Tutor, be present to assist said family meeting to convene before Claiborn M. Smith, parish Recorder at his office in the Town of Farmerville in said Parish and State on the 5th day of April 1848 at 11 o’clock. Done & signed on this the 5th day of April 1848. Geo. W. Copley Judge of the 12th District State of Louisiana Parish of Union Personally came and appeared before me the undersigned members of a family meeting who makes oath they will to the best of their abilities discharge and perform all and singular the duties incumbent on them as members of a family meeting, convened to advise and recommend who should be appointed Tutor to the minor James Warren Kellam and to the advise and recommend for the interest of said minor. So help us God. T. M. Smith, Geo. M. Savage, R. K. Jones, M. McFarland, W. C. Carr, Claiborn M. Smith, Recorder and Ex Officio Notary Public. State of Louisiana Parish of Union Be it remembered that on the 5th day of April 1848, that I, Claiborn M. Smith, parish Recorder in and for said Parish & State duly commissioned and sworn have this in pursuance to an order of the Honorable 12th Jud. Dist. Court in and for said Parish dated 5th day of April 1848 caused George M. Savage, Royal K. Love, Thomas M. Smith, Malcom McFarland and William C. Carr, members of a family meeting to convene before me at my office in the Town of Farmerville at 11 o’clock on the 5th day of April 1848 to advise and recommend touching the matters and thing set forth in the annexed petition and to advise and recommend to who should be appointed Tutor to the minor James Warren Kellam, said members of a family meeting being friends and near neighbors to said minor James Warren Kellam and which by consent after being duly sworn according to law of the mature reflection and due deliberation do advise and recommend that Burrel H. Jones be appointed to the said minor James Warren Kellam on complying with the requisites of the law and Under Tutor John a. Bayless being present and advised and assisted at said family meeting in faith whereof the said members of family meeting have hereto signed their names with me said Recorder and the said Under Tutor on this the 5th day of April 1848. In faith whereof, I have hereto signed my name & affixed my seal of office. I john A. Bayless as Under Tutor approved of the proceedings April 5, 1848. George M. Savage, W. C. Carr, T. M. Smith, Malcom McFarland, R. K. Love. Claiborn M. Smith Parish Recorder To the Honorable the Judge of the twelfth Judicial District Court in & for the Parish of Union, Louisiana. The Petition of Eliza Foy, widow of James Kellam, deceased, a resident of Union Parish respectfully represents unto your Honor that on the ninth day of April 1847, who was duly and legally confirmed by your Honorable Court Natural Tutrix of James Warren Kellam, the minor son, the only issue of the marriage between your petitioner and the said James Kellam and that John A. Bayliss also a resident of said parish was on the said day duly appointed & confirmed by the said Court Under Tutor of the said minor by reference to the Letters of Tutorship on file in the Clerk’s office will more fully and at large appear. Your Petitioner prays that an Inventory and Appraisement of the property belonging to said minor be made according to Law and for such other & further orders and decrees as the nature of the case may require. H. Bailey, Atty. State of Louisiana 12th District Court Union Parish April 11th, 1847 It is ordered that an inventory of the property belonging to James Warren Kellam be made by Claiborn M. Smith, Notary Public in & for said Parish and that he call upon two citizens to appraise the same according to law and made due return thereof to this office. Thos. VanHook, Clk. State of Louisiana Parish of Union Be it remembered that I, Claiborn M. Smith, Notary Public in & for said parish & State, duly commissioned and sworn, in pursuance of an order issuing from the Honorable 12th Judicial District Court in & for said Parish of Union, Louisiana, have on this the 10th day of April 1847 in the Parish aforesaid proceeded to make the annexed Inventory of the property belonging to James Warren Kellam, only issue of the marriage between Eliza Foy and James Kellam, decd., late of said Parish of Union, assisted by D. B. Trousdale and W. A. Glasson, males of age and residents of said parish and calling upon Malcom McFarland and William M. Lawrence of lawful age and domiciliated in said Parish to appraise and value the same administering to them an oath according to Law. Inventory Appraisement The ¾ undivided interest in the Estate of Camillia Leanda Kellam, Deceased apprd. @ $2531.25 Inventory amounting to $2531.25 according to the appraisement. Done by me the said notary assisted by the said witness, appraisement made by the above named appraisers in my presence and in the presence of the said witnesses all of whom signed their names hereto on this 14th day of April 1847 in the Parish of Union & State of Louisiana. Witnesses Appraisers W. A. Glasson M. McFarland J. B. Trousdale W. M. Lawrence Claiborn M. Smith, Recorder and Ex Officio Notary Public in and for said Parish & State. The above is a true copy of the original Inventory on file in the Clerk’s office. Thos. VanHook, Clk. State of Louisiana Parish of Union We, Malcom McFarland and William M. Lawrence, residents of said parish appointed and called upon by Claiborn M. Smith, Notary Public in & for said Parish to appraise and value the property belonging to James Warren Kellam, a minor, the only issue between Eliza Foy and James Kellam, deceased, late of said Parish do solemnly swear that we will well and truly & impartially appraise and value the property belonging to said minor so far as may come to our knowledge according to the best of our ability and understanding. So help me God. Claiborn M. Smith M. McFarland Recorder & Ex Officio W. M. Lawrence Notary Public in & for the sd. Parish of Union, Louisiana State of Louisiana 12th Judicial District Court Parish of Union Whereas Eliza Foy has been appointed and confirmed Natural Tutrix of James Warren Kellam, a minor issue of the marriage between James Kellam, deceased and the said Eliza Foy and has taken the oath required by 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 and confirmation according to Law. Given under my hand and the State of the said Court, at my office on this the 9th day of April AD 1847. Thos. Van Hook, Clk. 12th Judicial District Court, Union Parish, Louisiana 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 Natural Tutrix of James Warren Kellam, minor issue of the marriage between me and the said James Kellam according to the best of my abilities and understanding. So help me God. Eliza Foy Sworn to and subscribed to & subscribed before me the 9th day of April AD 1847. Thos. VanHook, Clk. 12th Judicial District Court, Union parish, Louisiana Whereas John A. Bayless has been appointed Under Tutor of James Warren Kellam, a minor issue of the marriage between James Kellam, deceased and Eliza Foy and taken the oath required by Law. Now therefore he is hereby fully authorized and empowered to do and perform all and singular the acts and duties appertaining to said appointment according to law. Given under my hand and the seal of said Court at my office on this the 9th day of April AD 1847. Thos. Van Hook, Clk. Estate of James Kellam, Deceased 12th Judicial District Court in and for the Parish of Union, Louisiana. I, John A. Bayless, a resident of said parish do solemnly swear that I will well and truly and faithfully perform all and singular the duties incumbent on me as Under Tutor of James Warren Kellam, a minor according to the best of my abilities and understanding. So help me God. J. A. Bayless Sworn to and subscribed before me this 9th day of April AD 1849. Thos. VanHook, Clk. State of Louisiana 12th Judicial District Court Parish of Union Let the foregoing & within proceedings of a family meeting be approved, confirmed and homologated according to law & it is further ordered that Burrel H. Jones be appointed Tutor to the minor James Warren Kellam, upon his taking the oath and giving bond according to law. Done and signed on this 5th day of April 1848. Geo. W. Copley Judge of the 12th District State of Louisiana 12th District court Parish of Union Whereas Burrel H. Jones has been appointed Tutor to the minor James Warren Kellam 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 of office on this 5th day of April 1849. Thos. VanHook, Clk. Sate of Louisiana Parish of Union I, Burrel H. Jones, do solemnly swear that I will faithfully discharge all and singular the duties incumbent on me as Tutor to the minor James Warren Kellam according to the best of my abilities and understanding. So help me God. B. H. Jones Sworn to & subscribed before me the 5th April 1848. Thos. VanHook, Clk. State of Louisiana Parish of Union We, Burrel H. Jones as principal & T. M. Hand and Avery Breed his security are held & firmly bound unto George W. Copley, Judge of the 12th District of the State of Louisiana holding session in & for he said Parish of Union & his successors in office in the sum of six thousand dollars and to the true and faithful payment thereof we bind ourselves, our heirs & assigns firmly on this 5th day of April 1848. The conditions of the above obligations is such that whereas the said Burrel H. Jones has been appointed said Tutor to the minor James Warren Kellam. Now therefore if the said Burrel H. Jones shall faithfully discharge all and singular the duties incumbent on him as tutor aforesaid and shall render a true and faithful account of his Tutorship to the said Court when required so to do by the said Judge or his successors in office or by the said James Warren Kellam his tutors representers, or heirs and assigns of the said James Warren Kellam. Then the above obligation is to be null and void or else to remain in full force and effect. B. H. Jones T. M. Hand Avery Breed Signed and dated on the date above written. Thomas VanHook Tutorship of James Warren Kellam, Burrel H. Jones Tutor in amount current with said minor’s estate & final amount of his Tutorship. The Tutor Burrel H. Jones, refers to the inventory of the Property belonging to his ward James Warren Kellam to show that the property consists of the ¾ of the undivided Estate of Camella Leanda Kellam in al property is yet undivided & in the hands of Eliza Foy, the administrator and has now come in to the hands of the Tutor. The appraised amount of said ¾ interest is $2531.25. The tutor charges himself with the amount of the hire of the negroes belonging to Camella Leanda Kellam estate after paying the debts of said Estate which has been paid unto the Tutor by the Administration Eliza Foy. The Tutor credits himself as follows: To a return of the Inventory as charged alone $2531.25 To appraiser C. M. Smith, Parish Recorder For inventory [blank] To Thos. VanHook, Clerk’s fees 12.65 To H. Buly, atty, for Br. Pr. Inventory [blank] To McGuire & Ray, attys per Tutor 100.00 To Physician’s bills [blank] To board, clothing & other necessary expenses From the 9th of April 1847 to April 8th 1849 200.00 To the Honorable Judge of the 12th Judicial District Court in & for said Parish of Union in the state of Louisiana. The petition of Burrel H. Jones, Tutor to James Warren Kellam with respect refunds unto your Honorable Court that he herewith files his amount of his Tutorship & prays the same for John A. Bayless, Under Tutor & advertised according to law & finally that the same be homologated according to law & for all such further orders & duties in the premises as the nature of the case may require & as in duty bound. McGuire & Ray, Attys. ############################################################# File at: http://files.usgwarchives.net/la/union/court/kellam-jw.txt