TUTORSHIP OF THE MINOR HEIRS OF MAMIE MURRAY MCADAMS Submitted by Shawn Martin ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ Docket #833, Fourth District Court, Union Parish, LA TUTORSHIP OF THE MINOR HEIRS OF MAMIE MURRAY MCADAMS TO THE HONORABLE JUDGE OF THE FOURTH JUDICIAL DISTRICT COURT, holding sessions in and for Union Parish, Louisiana. The petition of James R. McADAMS, who resides in Union Parish, Louisiana with respect represents, unto your Honorable Court; I. That his wife, Mamie Murray, dies intestate, in this Parish, in 1913, leaving a small amount of real property. II. That as issue of her marriage with your petitioner, there are four children, to-wit: Marvin, Robert E. Lee, Curtis, and Leon, all of whom are minors. III. That your petitioner desires to qualify as Natural Tutor to said minor Children. IV. Petitioner represents that it is necessary that two persons be named as appraisers to make an appraisement of said property before some Notary Public, of this Parish, to be named by the Court, and that some person be qualified as Under-Tutor to the said minors. Wherefore, the premises and the annexed affidavit considered, petitioner prays that two persons be named to make an appraisement of the property belonging to the said minor's before some Notary Public to be named by the Court, and that an abstract of the said inventory be filed in the mortgage records of this parish, and he further prays for all necessary orders and decrees. Elder & Gigby Attorney's for Petitioner State of Louisiana Parish of Union Before me, the undersigned authority, personally came and appeared, James R. McAdams, who being by me duly sworn, deposes and says; that he is the above named petitioner, and that he has read the above petitioner, and that all of the facts and allegations therein set forth are true and correct. J. R. McAdams Sworn to and subscribed before me, at Farmerville, on this the 21st day of Jan. 1920. Emmett J. Lee Clerk of Court ORDER The premises and the annexed affidavit considered, it is ordered, that Luther Jones and John Tom Harrison, be named as appraisers to make an inventory of the said property, and that E. J. Lee, Clerk of Court, or any of his legal deputies be named as a Notary Public to hold the said appraisement. Thus done and signed in chambers, on this the 21st day of Jan. 1920. Emmett J. Lee Clerk of Court APPLICATION FOR INVENTORY, Filed in Clerk's Office Jan 21, 1920. J. M. Dawkins, Dy. Clerk District Court Union Parish, LA INVENTORY State of Louisiana, Parish of Union We and each of us do solemnly swear that we will faithfully and impartially appraise all the property belonging to and composing the estate of Mrs. Mamie Murry McAdams, deceased, that may be presented to us, situated in Union Parish, La, at its cash value, to the best of our judgment and ability, So help me God. Sworn to and subscribed before me on this the 21 day of Jan. A. D. 1920. J. M. Dawkins, Dy. Clerk & Notary Public J. T. Harrison, Jr. L. H. Jones State of Louisiana, Parish of Union BE IT REMEMBERED, That on this the 21 day of Jan. A. D. One Thousand Nine Hundred and Twenty (1920), pursuant to an order issued out of the Honorable Fourth Judicial District Court of Louisiana, in and for the said parish of Union, in the matter of Tutorship of the minor heirs of Mrs. Mamie Murry McAdams at the instance of Jas. R. McAdams applicant to be appointed Natural Tutor bearing date Jan. 21, 1920, and to me, J. M. Dawkins, Dy. Clerk District Court etc., in and for said Parish and State, directing, authorizing and commanding me to take an Inventory and cause an appraisement to be made of all the property, real and personal, rights and credits, belonging to and composing said minors situated, in Union Parish, La. Now therefore, I, said clerk etc., duly qualified and acting within and for the said Parish and State and being aided and assisted by Luther Jones and John T. Harrison, Jr. two good and lawful male citizens residing in said Parish and State, who after being duly appointed and sworn by me as appraisers proceeded Inventory said property in the presence of Emmitt J. Lee and G. L. Ward two legal witnesses called for the purpose, to take said inventory and appraisement as hereinafter stated, to-wit: ABSTRACT OF INVENTORY Probate Docket No. 833 Tutorship of the minor heirs of Mrs. Mamie Murry McAdams In the Fourth Judicial District Court, Union Parish, Louisiana J. J. Dawkins, Dy. Clerk of Court in and for Union Parish, Louisiana, duly qualified and acting, do hereby certify that on the 21 day of Jan. A. D. 1920, an inventory was made in the above entitled and numbered matter before J. M. Dawkins, Dy. Clerk & Notary Public; that same was made at the instance of Jas. R. McAdams applicant to be appointed Natural Tutor of the minors Marvin, Robert E., Curtis and Leon McAdams, Minor, heirs of Mrs. Mamie Murry McAdams deceased; that said inventory shows that the amount of property, real and personal, belonging to said minors is the sum of Eighty-Eight and 88/100 Dollars, of which amount the sum of $88.88 is real property and the sum of $0 is personal property. Said estate is described as follows: SE1/4 of Sec. 21 Twp. 23 N., R.1 West Given under my hand and official seal, this the 21 day of Jan. A. D. 1920. J. M. Dawkins Dy. Clerk of Court State of Louisiana, Parish of Union I HEREBY CERTIFY: That the above and foregoing abstract of Inventory was filed for record at the hour of 2 o'clock PM, on the 21 day of Jan. 1920 and recorded according to law. This the 21 day of Jan. 1920 J. M. Dawkins Dy. Clerk of court and Ex-Officio Recorder of Mortgages OATH AND LETTERS OF TUTORSHIP Probate Docket. No. 833 Tutorship of the minor Heirs of Mrs. Mamie Murry McAdams In the Fourth Judicial District Court, Union Parish, Louisiana I, J. R. McAdams, do hereby solemnly swear that I will faithfully and impartially discharge and perform all the duties incumbent on me as Natural Tutor to the minors Marvin, Robt. E., Curtis and Leon McAdams heir of Mrs. Mamie Murry McAdams, deceased, according to law and the best of my ability and understanding. SO HELP ME GOD. J. R. McAdams Sworn to and subscribed before me on this the 21 day of Jan. A. D. 1920. J. M. Dawkins Dy. Clerk of Court and Ex-Officio and Notary Public Whereas, J. R. McAdams has filed an application in the Honorable Fourth Judicial District Court in and for Union Parish, Louisiana, paying to be appointed and confirmed as Natural Tutor to the minor heirs of Mrs. Mamie Murry McAdams deceased, and whereas, an inventory of all property belonging to said minors has been made and an abstract thereof duly recorded in the mortgage records, said applicant having taken and subscribed to the oath at the beginning hereof and otherwise complied with law and an order having issued out of said court authorizing such appointment. Therefore, be it know that said applicant has been and he is here by duly appointed as Natural Tutor to said minors, and authorized an empowered to do and perform all matters and things that he may legally do and perform relative to such appointment. WITNESS THE HONORABLE J. B. Crow, Judge of said Court, at Farmerville, Union Parish, Louisiana, this the 21 day of Jan. A. D. 1920 J. M. Dawkins Dy. Clerk of Court in and for Union parish, Louisiana OATH AND LETTERS OF TUTORSHIP Probate Docket No. 833 Tutorship of the minor heirs of Mrs. Mamie Murry McAdams, Decd. In the Fourth Judicial District Court, Union Parish, Louisiana I, L. A. Webb, do hereby solemnly swear that I will faithfully and impartially discharge and perform all the duties incumbent on me as Under Tutor to the minor Marvin, Robert E., Curtis and Leon McAdams minor heirs of Mrs. Mamie Murry McAdams, deceased, according to law and the best of ability and understanding. SO HELP ME GOD. L. A. Webb Sworn to and subscribed before me on this the 21 day of Jan. A. D. 1920 J. M. Dawkins Dy. Clerk of Court and Ex-Officio and Notary Public TO THE HONORABLE JUDGE OF THE FOURTH JUDICIAL DISTRICT COURT, holding sessions in and for Union Parish, Louisiana. The petition of James R. McAdams, who resides in your said Parish and State, with respect represents: I. That he is the fully qualified Natural Tutor of the minor children of Mamie Murray McAdams, deceased. II. That the said minor's own and undivided interest in 160 acres of land described as follows: SE 1/4 Sec 21, Twp. 23, RR 1 West which they inherited from their mother. III. Petitioner further represents that it is for the best interest to sell the said undivided interest, in order that they may be properly clothed and fed, and that the said property brings no revenue to the said minor's, and is only a burden and expense. IV. Petitioner further represents that in order to complete a sale, it is necessary that a family meeting be held and convoked, composed of the nearest male relatives of the said minor's, in this Parish, before some Notary Public of this Parish, and it is necessary that the said Under Tutor be notified to attend. V. Petitioner represents that the nearest male relatives within the distance prescribed by law of the said minor's, are as follows: Hosie McAdams, Pheb McAdams, Solomon Murray, Jonah Murray, and D. J. McAdams, the first four, whom are uncles, and the last being the grandfather. Wherefore, the premises and the annexed affidavit considered, petitioner prays that a family meeting be composed of the above named relatives, be convoked and held before some Notary Public, of Union Parish, touching the matters set out int his application, and that the said family meeting make recommendation regarding the sale of the interest of the said minor's, in and to the above described land, and he further prays for all necessary orders and decrees. Elder & Gigby Attorney's for Petitioner STATE OF LOUISIANA, PARISH OF UNION Before me, the undersigned authority, personally came and appeared, James R. McAdams, who being by me duly sworn, deposes and says, that he is the above named petitioner, and that he has read the above petition, and that all of the facts and allegation therein set forth are true and correct. J. R. McAdams Sworn to and subscribed before me, at Farmerville, on this the 21st day of Jan. 1920. J. M. Dawkins Dy. Clerk of Court ORDER The premises and the annexed affidavit considered it is ordered that a family meeting be convoked and held, before Emmet J. Lee, Clerk of Court, or any of his legal deputies, and the said family meeting be composed of Hosie McAdams, Pheb McAdams, Solomon Murray, Jonah Murray and D. J. McAdams, and it is ordered that the Under-Tutor be notified to attend the said family meeting. This done and signed on this the 21st day of Jan. 1920. Emmett J. Lee Clerk of Court TO THE HONORABLE FOURTH DISTRICT COURT, in and for Union Parish, Louisiana. The petition of James R. McAdams, legally qualified and acting Natural Tutor of the minor heirs of Mrs. Mamie Murray McAdams, deceased, with respects represents; I. That on January 21, 1920, your Honorable Court issued an order convoking a family meeting in the interest of the above minor's to convene before Emmet J. Lee, Clerk of Court, at Farmerville, Union Parish, Louisiana; that on account of high water and the illness of the Under-Tutor it is impossible for said meeting to be held at Farmerville, as ordered and that petitioner now desires to have an order convoking a family meeting for the purposes set out in the application and order filed in this cause of January 21, 1920, which meeting is to be held before Honorable H. N. Jones, Justice of the Peace, Union Parish, Louisiana petitioner herein adopts all of the allegations contained in the application for a family meeting filed on January 21, 1920, with the exception that said meeting is to be held before H. N. Jones, Justice of the Peace, instead of Emmet J. Lee, Clerk of Court, and for the purpose of this application petitioner makes the said application above referred to a part hereof by reference thereto. Wherefore, petitioner prays that a family meeting be convoked and held before H. N. Jones, Justice of the Peace, in the interest of the minor children of Mrs. Mamie Murray McAdams, deceased, to give their advice as to whether or not it be to the best interest of said minor's to sell at private sale their interest in the SE 1/4 Sec. 21 Twp. 23, N., Range 1 West, for the purpose of effect a partition of said land, and that said Hosie McAdams, Pheb McAdams, Jonah Murray, Solomon Murray and D. J. McAdams, nearest relatives of said minor's and that said members together with A. L. Webb, Under-Tutor be notified to attend said meeting, and for general relief. Elder & Digby Attorney's for Petitioner STATE OF LOUISIANA, PARISH OF UNION Before me, the undersigned authority, personally came [part of line unreadable] J. R. McAdams who when sworn, deposes and says; that he has had the foregoing petition read to him, and that the allegations therein contained are true and correct. SO HELP HIM GOD. J. R. McAdams Sworn to and subscribed before me, on this the 29th day of Jan. 1920 J. M. Dawkins Dy. Clerk of Court ORDER Considering the foregoing application and affidavit, it is ordered that a family meeting be convoked before H. N. Jones, Justice of the Peace, and composed of the five relatives named in the foregoing petition, and that said members together with A. L. Webb, Under-Tutor be given due notices to attend said meeting. Thus done and signed on this the 28th day of Jan. 1920. Emmett J. Lee Clerk of Court We, and each of us do solemnly swear that we will to the best of our ability and understanding give our advice touching the best interest of the minors heirs and Mrs. Mamie Murray McAdams, deceased, and we hereby waive the hree days notice required by law. SO HELP US GOD. D. J. McAdams J. S. Murry Feb McAdams Hosea McAdams A. W. Daniel Sworn to and subscribed before me, on this the 4 day of Feb 1920. H. N. Jones Justice of Peace Probate Docket #833. Tutor-ship of the minor heirs of Mrs. Mamie Murray McAdams, deceased. BE IT KNOWN AND REMEMBERED, that on this the 4 day of Feb., 1920, pursuant to an order issued out of the Honorable Fourth District Court, directed to me, the Justice of the Peace, authorizing and commanding me to convoke and hold a family meeting in the interest of the minor heirs of Mrs. Mamie Murray McAdams, deceased, said meeting to be composed of Hosie McAdams, Pheb McAdams, Solomon Murray, Jonah Murray and D. J. McAdams, said order issuing at the instance of J. R. McAdams, Natural Tutor of said minor's, praying that said meeting be convoked to advise whether or not it be to the best interest of said minor's, to sell for the purpose of effecting a partition thereof the minor's interest in the SE 1/4 Sec. 21, Twp. 23, N., Range 1 West, and on the date above written, all of said members appeared before me, said Justice of the Peace, except Jonah Murry in whose stead was called A. W. Daniels friend of said minor's, and after administering to each of them the oath at the beginning hereof, I read to them the application of this meeting and outlined the business in hand, whereupon said members retired from my presence for the purpose of deliberating, and after mature deliberation and consultation all of said members returned into my presence and unanimously recommended that J. R. McAdams, Natural Tutor of said minors be authorized and empowered to sell and execute the next contract of sale conveying the minor's One-Eighth (1/8) undivided interest int he SE 1/4 Sec. 21, Twp. 23 N., Range 1 West, for the sum and price of One Hundred ($100.00) Dollars, cash for the entire interest of said minors, and that the Tutor use the said One Hundred ($100.00) Dollars, for education, care and comfort of said minor's; that they make the foregoing recommendation for the purpose of effecting a partition of said land, and because it is to the best interest and advantage of said minor's. Now there being no other business to come before said meeting, I said Justice of the Peace, have made and closed, this, my process verbal, of the deliberation. In witness whereof, we hereunto subscribe our names in he presence of the undersigned witnesses. WITNESSES; P. A. Tatum D. J. McAdams Harvie Nelson J. S. Murry Feb McAdams Hosea McAdams A. W. Daniel I, A. L. Webb, Under-Tutor, of said minor's being present during deliberation, but taking no part therein, do hereby approve of the foregoing recommendations. L. A. Webb Under-Tutor H. N. Jones Justice of the Peace TUTORSHIP OF THE MINOR HEIRS OF MRS. MAMIE MURRY MCADAMS, DEC'D PROBATE DOCKET NUMBER 833 THIRD JUDICIAL DISTRICT COURT, PARISH OF UNION, STATE OF LOUISIANA TO THE HONORABLE THE JUDGE OF THE THIRD JUDICIAL DISTRICT COURT OF LOUISIANA IN AND FOR THE PARISH OF UNION: The petition of James R. McAdams, Natural Tutor to the minor, Curtis McAdams, heir of Mrs. Mamie Murry McAdams, deceased, and a resident of Union Parish, Louisiana, respectfully represents: I. That heretofore, on January 21st, 1920, your petitioner was appointed, qualified and confirmed the Natural Tutor to the minors Marvin, Robert Lee, Curtis and Leon McAdams, and that L. A. Webb was duly appointed, qualified and confirmed Undertutor to said minors; and that since that date the minors Marvin and Robert Lee have attained their majorities and Leon McAdams has departed this life, intestate and without issue and having never been married. II. Your petitioner further represents that on February 4th, 1920, pursuant to an order issued out of the Honorable the Fourth Judicial District Court of Louisiana in and for the Parish of Union of date of January 28th, 1920, the same being made a part hereof by reference, a family meeting was convoked and held at the instance of your petitioner for the purpose of deliberating and recommending the sale by your petitioner at private sale said minors' undivided one-eighth (1/8) interest in and to the SE 1/4 Section 21 Township 23 North Range 1 West, situated in Union Parish, Louisiana, and that accordingly said family meeting recommended the sale of said interest for a sum not less than $100.00, the Undertutor approving the same, all of which will more fully appear by reference to the process verbal of said family meeting recorded in Succession Book 8, page 156 of the Probate Records of Union Parish, Louisiana, the same being made a part hereof by reference; and that accordingly and in compliance with the recommendations of said family meeting your petitioner did, in conjunction with the widow and heirs of D. C. Murry, deed said land to L. D. Murry for the consideration recommended in the process verbal of the family meeting herein referred to, which said consideration was received by petitioner in his capacity of Natural Tutor of said minors. III. Petitioner further avers that certain irregularities occured in said family meeting and in the convoking thereof which said defects are not fatal in their nature but are merely relative nullifies but for the reason of their existence and the fact that one of the minors, Curtis McAdams, has not yet attained his majority and cannot personally and in his own behalf the proceedings a cloud is cast on the title of the said L. D. Murry such as to render said land not easily salable and for those reasons it is the desire of your petitioner to be authorized by this Honorable Court to execute the necessary ratification deed to ratify the proceedings heretofore had and to remove such clouds existing on the title of the said L. D. Murry to the property heretofore described by reasons of any and all defects occurring in said proceedings, and to that end it is necessary that a rule issue on the Undertutor, L. A. Webb, directing him to show cause why such authorization should not be granted to your petitioner and why it would not be to the best interests of the minor, Curtis McAdams, to ratify and confirm said proceedings. Wherefore, the premises and annexed affidavit considered, petitioner prays that a rule issue herein directing L. A. Webb, to show cause if any he has, as Undertutor to the minor, Curtis McAdams, why your petitioner should not be authorized to ratify and confirm the proceedings heretofore had necessary to authorize your petitioner to transfer said minor's interest in said land, and that said rule be made returnable at a time deemed reasonable within the discretion of this Honorable Court and that thereupon your petitioner as Natural Tutor to said minor, the said Curtis McAdams, be authorized to ratify and confirm the proceedings heretofore had in order to remove the clouds on the title of the said L. D. Murry to the land in question and for other purposes herein mentioned and that your petitioner be authorized to execute the necessary deed for the purposes herein contemplated, and that the security of a family meeting be dispersed with. And for general and equitable relief and for all orders and decrees necessary in the premises. Edward Everett, Jr. Attorney for Petitioner State of Louisiana, Parish of Union James R. McAdams being by me first duly sworn according to law deposes and says on his oath that he is the petitioner in the above and foregoing petition, that he has read the same and that all of the facts and allegations therein contained are true and correct. J. R. McAdams Sworn to and subscribed before me on this the 27th day of July, 1927. Edward Everett, Jr. Notary Public, Union Parish, Louisiana ORDER The premises considered: It is ordered that a rule issue herein directing L. A. Webb, Undertutor to the minor Curtis McAdams, to show cause on or before 4 o'clock P. M. on the 27th day of July, A. D. 1927 why the prayer of petitioner should not be granted and why James R. McAdams, Natural Tutor to the minor Curtis McAdams, should not be authorized to ratify and confirm the sale made on February 4th, 1920 of the SE 1/4 Section 21 Township 23 N. R. 1 West, Union Parish, Louisiana, and the proceedings had to authorize said sale in behalf of said minor and in order to remove the clouds caused by certain irregularities existing on the title of L. D. Murry thereto. Thus done, read and signed in Chambers on the 27th day of July, A. d. 1927. S. D. Pearce Judge Third Judicial District Court of Louisiana in and for the Parish of Union I, L. A. Webb, Undertutor to the minor Curtis McAdams, do hereby accept service of the above and foregoing petition and rule and waive delays and all other legal formalities and do hereby consent to the authorization as therein prayed for as I believe it to be to the best interest of said minor. Thus done, read and signed on this the 27th day of July A. D., 1927. L. A. Webb Undertutor JUDGMENT The premises considered and considering the answer to the rule filed on the Undertutor and considering the law and the evidence to be in favor hereof: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that there be judgment herein authorizing the petitioner, James R. McAdams, as Natural Tutor to the minor Curtis McAdams, to ratify and confirm the sale made of the minor's interest to the SE 1/4 Section 21 Township 23 North Range 1 West, Union Parish, Louisiana, said sale having been made on February 4th, 1920, and to ratify and confirm the proceedings had to authorize said sale and in order to remove any clouds existing on the title of L. D. Murry to said lands by reason of the existing of any and all defects occurring in the proceedings had to authorize said former sale and that the said James R. McAdams be, and he is hereby, authorized to execute such deeds as are necessary to carry out the terms of this judgment, and that the necessity of a family meeting be dispensed with. This done, read and signed in Chambers on this the 27th day of July A. D. 1927. S. D. Pearce Judge Third Judicial District Court Of Louisiana in and for the Parish of Union # # #