1901 Tutorship of Emily Octavia Lee's sons, of Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Hank Johns, 10/2006 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ====================================================================================== 1901 Tutorship of Emily Octavia Lee's sons, Jordan Gray Lee & John Lloyd Lee of Union Parish Louisiana Union Parish Louisiana Succession Book 4, pp. 489 - 501 Transcribed by Hank Johns, North Little Rock, Arkansas ====================================================================================== ====================================================================================== NOTE: Emily Octavia Lee was the daughter of John Martin Lee, Sr. (24 July 1829 - 30 June 1893) and his wife, Mary Jane Taylor (14 June 1831 - 18 Oct 1904). Emily's paternal grandparents were Martin Batte Lee (27 Apr 1798 - 28 Mar 1884) and Levincy Albritton (15 Mar 1800 - 6 Dec 1864), who moved from Snow Hill, Wilcox County Alabama to eastern Union Parish Louisiana in about 1847. Her maternal grandparents were Judge John Taylor and Jane Wood, who moved from Lowndes County Alabama to what is now eastern Union Parish Louisiana in February 1837. Emily O. Lee married Henry Marshall Lee and had sons Jordan Gray Lee and John Lloyd Lee. Emily also had a brother by the name of Jordan Gray Lee. ====================================================================================== ====================================================================================== 489 [starting at bottom of this page 489] ...... In re-tutorship of minors Jordan Gray + John Lloyd Lee. State of Louisiana, Parish of Union, Fourth Judicial District Court. To the Hon R. B. Dawkins Judge presiding in said Court. The petition of 490 Henry Marshall Lee a resident of the Parish of Union State of Louisiana with respect represents unto your Hon Court that his wife Emma Otaria Lee died on or about the day of January A.D. 1900 leaving three children issue of her marriage with petitioner and heirs to the deceased Emma Otaria Lee, namely Clara Belle Lee, wife of J. Randolph Norris and two minor children namely Jordan Gray Lee and John Lloyd Lee. Petitioner shows that his said wife died leaving a small estate in your said Parish of Union consisting of a community interest in some real and personal property and that it is necessary that a tutor and under tutor be appointed to said minors Jordan Gray Lee and John Lloyd Lee and that an inventory be made the community interest of the Deceased Emma Clara Belle Norris (nee Lee) and said minors are the heirs. Petitioner shows that as the legal father of said minors he had the right to be appointed natural tutor to them and be here recommends the necessity of a family meeting for the appointment of an under tutor to said minors and represents that said family meeting should be composed J J Aulds, W A Patterson Benjamin Taylor, E A Albritton and J R Lee. Petitioner also recommends that J M Anderson Jr a relative of said minors should be appoint their under tutor. Wherefore petitioner pray that your Hon Court will order Edward Everett Clerk of the Fourth District Court and Ex-Officio Recorder and Notary Public to take and inventory of all the effects of the deceased Mrs Emma Otaria Lee and that said clerk and Notary be also ordered to convoke a family meeting composed of the relatives and friends of said minors as above suggested and that when said inventory has been made and said family meeting has been convoked to advise us to the appointment of under tutor [___ ____ __ __ __ ______] to 491 minors Jordan Gray Lee and John Lloyd Lee and that he be qualified as such and that the under tutor recommended by the family meeting be ap- pointed as such and so qualified. Prays for all necessary orders and for general relief. [N] D Munholland Atty for Petitioner The Above and foregoing petition being considered it is ordered that Edward Everett, Clerk of Court + Ex officio Recorder for Union Parish LA do take an inventory of the property named according to law and to file a proces__erbal of same and is hereby ordered to convoke a family meeting of relatives and friends of said minors accord ing to law composed of the person named in this petition to advise as to the appointment of under tutor for the minors Jordan Gray Lee and John Lloyd Lee and that letters of tutorship issue to Henry M. Lee father of said minors upon his taking the oath prescribed by law. Done + signed in chambers on this Dec 13, 1901. R.B.DAWKINS Judge 4th Dist of La. State of Louisiana Parish of Union Henry M. Lee being duly sworn, says that he will well and faithfully discharge and perform all and singular the duties [________] on him as Natural Tutor of the minors Jordan Gray and John L Lee of Emma O Lee deceased according to law and according to the best of his knowledge and understanding So help him God! Sworn to and subscribed H M Lee before me on this 13th day of December A.D.1901 Edw Everett Clerk District Court State of Louisiana Fourth District Court Parish of Union. 492 This shall certify to all whom it may concern that on the 13 day of December A.D. 1901 an application was made to the Honorable Judge of the said District Court in and for Union Parish La. __ H M Lee praying that he might be appointed Naural Tutor to Jordan Gray + John L Lee heirs of Emma O Lee Dec'd. Now knowing that he has been and he is hereby appointed Natural Tutor to the said minors and that he has fulfilled all the requisites of the law. Witness our hand and seal of said Court, on this the 13th day of December A.D. 1901 Edw Everett Clerk District Court Inventory. State of Louisiana, Parish of Union We and each of us do solemily swear that we will faithfully and impartially ap praise all the property belonging to and comprising the estate of Mrs Emma O Lee de ceased that may be presented to us _______ __ in Union Parish, La., at its cash value to the best of our judgement and ability so help me God! Sworn to and subscribed } J J Auld before me on this the 13th } A L Pace day of December A.D. 1901 } Edw Everett Clerk DC-Notary Public State of Louisiana, Parish of Union Be it remembered that on this the 13th day, December A.D. One Thousand Nine Hundred and one (1901), pursuant to an order issued __ of the Honorable Fourth Judicial District Court of Louisiana in and for the parish of Un ion the matter of the estate of minnor heirs of Mrs Emma O Lee deceased, at the instance H M Lee applicant to be appointed Natural [ ..... last line of page is unreadable .....] 493 and commanding me to take an Inventory and cause an appraisement to be made of all the pro- perty, real and personal, rights and credits, belong- ing to and composing the estate of Emma O Lee deceased, situated in Union Parish, La. It being the property existing between deceased and her surviving spouse. Now, therefore I said Clerk and Notary Public, duly qualified and acting within and for the said Parish of Union State of Louisiana and being aided and assisted by A L Pace and J J Auld two good and lawful male citizens residing in said Parish and State, who after being duly appointed and sworn by me as Appraisers proceeded at my office in Farmerville Union Ph La in the presence of Thos J. Breed and Jas G Trimble two legal witnesses called for the purpose, to take said inventory and appraisement as hereinafter stated, to-wit: Real Estate. NW4 of SE 4 + E2 of SE4 Sec 17 and all that part of NE4 of NE4 Sec 20 lying East of public road 30 acres more or less T21NR1 East con- taining 150 acres more or less with all improvements etc situated thereon appraised at $400.00 Personal Property. 4 head cows + 4 calves appd at $50.00 1 Pony "Roxie" (sold) " " 15.00 1 " "Maude" 3 yrs old " " 25.00 1 old waggon " " 5.00 1 Lot household + kitchen furniture 20.00 Now, therefore, I, said Clerk + Notary being aided and assisted as aforesaid, do make the following recapitulation to wit: Total amount of real property brought forward $400.00 Total amount of personal property brought forward $115.00 Total amount of individual propertes brought forward -----------[_____] 494 Total amount of inventory $515.00 Five hundred + fifteen + no/100 Dollars. Having completed the taking of said inve___ and appraisement as aforesaid, we this close, this our [aprces] + [verbal] of same. I __ testimony whereof I have caused said praisers to sign their names hereto, on day and date above written, in the presen__ the aforesaid witnesses, who also sign said appraisers and me, said Clerk DC Notary, and I have affixed my seal of of , hereto authenticating this inventory. Attest: J G Trimble J J Auld T J Breed A L Pace Edw Everett Clerk D Crc__ State of Louisiana} Clerks + Recorder's Office Parish of Union } I the undersigned legal authority do ___ certify the amt of property as shown by the inventory on file in my office as belonging to minor heirs of Emma O Lee Dec'd, H M surviving spouse (the entire community [___] H M Lee + said Decd Emma O Lee) ___ the sum of Five hundred + fifteen Do____ of which amount Four Hundred + fifteen Dollars is Real property and One hundred fifteen Dollars=The real property Inventory being NW4of SE4 + E2 of Sec 17 + all that of NE4 of NE4 Sec 20 lying east of public road ___ acres more or less) T21N R1E containing acres and all improvemnts etc situated there. Witness my hand + seal of office this Dec 13___ Edw Everett Cleck DC + Exoffico In re Tutorship of the minors }State of Louisiana Jordan Grey + John L Lee heirs of} Parish of Union [ ..... last line of page is unreadable .....] 495 minors Jordan Gray and John Lloyd Lee with respect shows that each of said minors own an undivided one siXth interest in and to the following described real property situated in the Parish of Union State of Louisiana as shown by an inventory made of the interest of said minors in the Estate of their mother Emma O Lee deceased and filed in the Clerks office of Union Parish La on 13th day of December AD 1901 to wit: 1-NW1/4 of SE1/4 and E1/2 of SE1/4 Sec 17 and all that part of NE1/4 of NE1/4 + Sec 20 lying East of public road 20 acres more or less T21R1E containing 150 acres more or less with all improvementments situated thereon appraised Four Hundred Dollars. Petitioner shows that the major heir to said Estate demands a partition of same and that it is in the interest of said minors that a partit ion be made. Petitioner further shows that an account of the interest of said minors and the nature of said property that same amount be advantageously divided in kind and that it is neccessary that a sale be made of same in order to effect the partition and that said sale can be made with more advantage to the interest of said minors and with less cost to the [small] interest of siad minors to be made by private sale Petitioner further represents that no under tutor has been appointed to represent said minors and respectfully recommends the appointment of James M Underwood Jr as under tutor Shows that is necessary that a family meeting be convoked composed of relatives and friends of said minors as pro- vided by law to advise as to the best mode of afficting a partition of the property on which said minors are interested and that should they determine that said property be sold to effect said partition then that they should decalare whether same should be by public or private sale. Wherefore petitioner prays that James M Underwood be a resident of your said Parish 496 and State be and a relative of said minors be appointed under tutor to them. Prays that Edw Everett Clerk of the Fourth District Court and Ex- officio Notary be ordered to convoke a family meeting composed JJ Aulds, W A Patterson, Benjamin Taylor E A Albritton and J R Hall relatives of siad minors in order to advise as to affecting a partition of minors from the interest of the major heir Clara Belle Lee wife of Randolph Norris also to advise as to the mode or manner of affecting said partition and if by sale then to advise whether sale be made by private or public sale for the best interest of said minors. Prays for all necessary proceedings and for general relief. [W] D Munholland Atty for Tutor for____ The above and foregoing petition considered is ordered that James M. Underwood Jr be __ he is herby appointed under tutor to the minors Jordan Gray Lee and John L Lee on qualifying as the law provides. It is further ordered that Edward Everett Clerk of the Fourth District Court and Ex officio Recorder and Notary Public and T J Breed Deputy Clerk in and for the Parish of Union State of Louisiana be and he is hereby ordered to convoke a family meeting composed JJ Auld W A Patterson Benjamin Taylor E A Albritton and J R Hall re- latives of the minors Jordan Gray and John Lloyd Lee for the purposed of advising as to the mode and manner of affecting a partition of said minors interest in the Estate of Emma O Lee Deceased from the interest of the major heir Mrs Clara Belle Lee wife of Randolph Norris and if they should advise that said partition be made by sale of the real estate set forth in this petition and the the interest of the estate of Emma O Lee Decd there to ad- vise whether it is to the best interest of said minors to make said sale by private or public sale. Done and signed on this the ____ day of December AD 1901 497 State of Louisiana, Parish of Union J M Underwood Jr being duly sworn says that he will well and faithfully discharge and perform all and singular the duties incumbent on him as Under Tutor of the minors Jordan Gray - John L Lee heirs of Mrs Emma O Lee Decd according to law and according to the best of his knowledge and understanding. So help him God! Sworn to and subscribed before } me on this 26th day of } J M Underwood December A.D. 1901 } Edw Everett Clerk District Court State of Louisiana } Fourth District Court Parish of Union } This shall certify to all whom it may concern that on the day of AD, 188 an application was made to the Honorable Judge of the said District Court, in and for Union Parish La, by H M Lee praying that J M Underwood might be appointed Under Tutor to the minors Jordan G + John L Lee heirs of Emma O Lee decd. Now know ye That J M Underwood has been and he is hereby appointed Under Tutor to the said minors and that he has fulfilled all the requisites of the law. Witness our hand and seal of said Court on this the 26th day of December A.D. 1901. Edw Everett Clerk District Court State of Louisiana }Tutorship of the minors Parish of Union }Jordan G and John L Lee heirs 4th Dist Court }of Emma O Lee, deceased. I do solemmly swear that I will faithfully and impartially give my advise to as having the interest of the minors Jordand G and John L Lee heirs of Mrs Emma A Lee deceased as to whether it is to the interest of said minors that the real estate shown by the inventory in which they have an interest be sold in order to effect a partition between said minors 498 other co-owners who are majors; and if so as to what manner same should be sold and to give any other advise which is the interest and advantage of said minors so help me God. Sworn to and subscribed } J W Taylor before me this Dec 28th } J M Brantley AD 1901. } E R Albritton Edw Everett J R Hall Clerk of Court W A Patterson. State of Louisiana } Clerk's Office Parish of Union } Be it remembered that pursuant to an order issued out of the Honorable Furth District Courts order ___ning date Dec 21st 1901m abd ti ne directed ordering and commanding me to convoke a Family meeting in the interest of the Minor heirs of Mrs Emma O Lee deceased; Now There fore, I Edward Everett, Clerk of the Fourth Judicial District Court exofficio recorder Notary etc. duly qualified and acting with and for the Parish of Union, State of Louisiana having given notice to the members named in the order, in accordance with law to appear at my office in the town of Farmerville, Union Parish Louisiana and the following men appearing, to-wit: J R Hall, E R Albritton, w A Patterson, and the other members not ap pearing I called in the following relatives said minors wit: J W Taylor and Jno M. Brantley to compoase his family meeting _ said members having taken and subscribed to the oath at the begining hereof proceeded at my office in the town of Farmerville, La on this the 28th day of Dec 1901 to deliberate upon the subject matter herein before set forth in the oath and in the petition and order this family meeting whick petition and order is made a part of this proces verbal. And of mature consultation and deliberation said [ ..... last line of page is unreadable .....] 499 cash it not less than the appraised value as shown by the inventory. That said sale be made by the Tutor by private act or public act passed before Notary Public and not at Public ____ and ad- vertisement. The said men where declare that they make these recommendations because they beblieve it to be to the interest of the minors in order to effect a partition between the minor and major heirs and for the further reason that the father of the minors has remarryed since the death of their mothers and has removed some twenty miles from the place and has been away for one year and already the place is becomming delapidated and will continue to depreciate in value and not that he has an opportunity to sell the land to an advantage. In witness whereof I have caused said members to sign hereto in the presence of the attesting witnesses called for the purpose who sign with said members and said Clerk etc, on this the 28th day of Dec 1901. And I also caused J. M. Underwood the Under Tutor to said minors to be present, and who signs these proceedings concurring on these deliberations. Attest: J W Taylor W D Munholland J M Brantley T J Breed E R Albritton J R Hall W A Patterson J M Underwood Under Tutor Edw Everett, Clerk of Court In the matter of the Tutorship }State of Louisiana of the minors Jordan Gray and }Parish of Union John L Lee heirs of Emma O Lee Dec'd}Fourth District Court To the Hon R B Dawkins Judge presiding in said Court. The petition of Henry Mar____Lee Tutor to the minors Jordan Gray and John Lloyd Lee heirs of Emma O Lee Deceased with respect shown that in obedience to an order of your Hon Court dated December 21st AD 1901 Edward Everett 500 Clerk of the Fourth District Court and ExOfficio Re__ and Notary Public did on the 28th day of December 1901 convoke a Family meeting composed of J W _______ J M Brantley, E R Albritton, J R Hall and W A _______ ____ of said minors the under tutor J M Under wood Jr being present that after the members family meeting were duly sworn at the _______________ to deliberate upon the manner of making a ____ of said minors interest in the property of Emma O Lee deceased from the property of the major and minors that said family meeting _____ the sale of the property by private sale and fur__ advise that petitioner the tutor of said minors authorized to sell said property by private sale cash if not less than its inventoried value Therefore petitioner attaches here to the process of the proceedings of family and prays this _____ be duly ____gated and approved that your petitioner as Tutor to said minors authorized so or to affect a partition to sell said property of the Estate of Emma O Lee _aser for each and at private sale for ___ than its inventoried value as advised by __ family meeting. Prays for all necessary and for general relief. W D Munholland Atty In re Tutorship of the minors }State of ___ heirs of Jordan Gray and John }Parish of___ Lloyd Lee heirs of Emma O Lee Dec'd}Fourth Distr__ The foregoing application being considered ___ of the evidence being in _______ It is hereby ordered adjudged and decree the proceedings of the family meeting ___ the 28th day of December AD 1901 before Edward Everett Clerk of the District Court in and Union Parish Louisiana which said ______ are hereto attached be and the same are ___ ______ and _________ Then _____ [ ..... last line of page is unreadable .....] 501 Filed Dec 31 1901 T J Breed Dy CDC A true and correct record, this Dec 31-1901 #################################################################