1870 - 1873 Succession of Frederick Marion McLelland, Deceased, of Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 11/2007 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================== ================================================================================== 1870 - 1873 Succession of Frederick Marion McLelland, Deceased, of Union Parish Louisiana Union Parish Louisiana Succession Book G, pp. 467 – 476 ================================================================================== ================================================================================== NOTE: Frederick Marion McLelland (17 Jan 1834 – 22 Mar 1870) was the son of James McLelland, Jr. (1780s - 1834) and Ellen Brazeal (13 May 1804 - 21 Mar 1884). Fred's birth occurred in Union County Arkansas, where his parents had moved soon after 1830. He was raised by his mother on there farm near El Dorado until about 1847, when she decided to move back into Louisiana, near the Village of Shiloh. Ellen bought a farm on the western edge of Union Parish, some seven miles northwest of Shiloh and just about 1/2 mile from the Claiborne Parish line. Fred married in about 1860 or 1861 in Union Parish Louisiana to Elizabeth Frances Gee (25 Apr 1840 – 24 Feb 1926), the daughter of Richard H. Gee (1800/1810 – 27 July 1843) and Mary Caroline Ward (1 Feb 1818 – 15 May 1892). Frederick Marion McLelland enlisted in the spring of 1862 in the “Sparrow Cadets”, a company of about one hundred men mainly from the Shiloh and Spearsville region of Union Parish. McLelland served throughout the war, and he was promoted to sergeant after the fall of Vicksburg.After the war, McLelland returned to his old home west of Shiloh that he had shared with his mother since they moved there from Arkansas in 1850. McLelland died of “consumption” (tuberculosis) in March 1870. Frederick Marion McLelland was buried in the Alabama/Weldon Cemetery near Bernice, as was his wife and their three children. ================================================================================== ================================================================================== Succession of Frederick M. McLelland, Decd. To the Honorable Parish Judge of the Parish Court in and for Union Parish, State of Louisiana. The petition of Elizabeth F. Gee resident of Union Parish, State aforesaid residing [unreadable] Estate of Frederick M. McCleland, Decd. late of said Parish with respect represents unto your Honor that her said husband Frederick M. McCleland departed this life some few months ago in your said Parish intestate leaving your petitioner a widow and three minor children the issue of the marriage between petitioner and her said husband. The names of said minors being as follows: Mary E., Francis R. and Sarah L. McCleland. That petitioner’s said husband left also a small Estate consisting of real and personal property and rights and credits. That it is necessary that an administrator be appointed to take charge of said Estate. That petitioner being the surviving spouse and partner in community has the preference of said administration. Wherefore petitioner prays your honor that W. C. Smith, Recorder be ordered to take an inventory of the effects of said Succession. That after due advertisements accordingly petitioner be duly appointed Administratrix of said Estate upon her giving bond as the law requires. That she be duly confirmed Natural Tutrix to her said minor children and that Francis McCleland be appointed Under Tutor upon both taking the oath according to law. For all other orders and decrees necessary in the premises and for general relief. Futch & Ellis, Attys. Premises considered, it is ordered that the within application of Elizabeth F. Gee to be appointed Administratrix of the Estate of F. M. McLelland, decd. be advertised according to law and that W. C. Smith, Recorder and Ex Officio Notary Public for Union Parish make an Inventory and appraisement of all the property belonging to said Estate and distribution thereof make to this office according to law. Given and signed in office November 6, 1870. T. B. Tompkins Parish Judge State of Louisiana Parish of Union Premises considered and by reason that the property and legal advertisements has been made and no opposition having been made to the same, it is ordered that Mrs. Elizabeth McLelland appointed Administratrix of the Estate of F. M. McLelland, Decd. be appointed and that after her taking the oath and giving bond as required by law that letters of administration issue to her according to law and further that the said Mrs. E. F. Gee be appointed Natural Tutrix to her following named minor children to wit: Mary E., Francis R., and Sarah L. McLelland and that Francis M. Lowery be appointed Under tutor to the heirs of the said Estate of F. M. McLelland, decd. and upon her taking the oath required by law that letters of Tutorship issue to her according to law. Done and signed in office this 20th day of December AD 1870. T. B. Tompkins Parish Judge State of Louisiana Parish of Union I, David Ward and I, Francis M. Lowery do solemnly swear that I will faithfully and impartially appraise the property that may be presented to me belong to the Estate of Frederick M. McLelland, deceased at its cash value to the best of my judgment. So help me God. David Ward F. M. Lowery Sworn to and subscribed before me this the 23rd day of November AD 1870. W. C. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this the 23rd day of November AD One thousand eight hundred of seventy pursuant to an order issued from the Honorable the Parish Court in and for the Parish of Union and State of Louisiana aforesaid and to me William C. Smith, Recorder and Ex Officio Notary Public in and for said Parish directed authorizing and commanding me to make an inventory and appraisement of the property, rights and credits belonging to the Estate and Succession of Frederick M. McLelland, decd., late of the Parish of Union. I therefore repaired to the late residence of said deceased and there being assisted by David Ward and Francis M. Lowery, males of lawful age and residents of said Parish, having been duly appointed and sworn by me as appraisers proceeded to make said Inventory and Appraisement as herein set forth: First, a tract of land situated in the Parish of Union Known as the late residence of said decd. described and numbered as follows: the East half of the North West and the South West quarter of North East quarter and North West quarter of South East quarter of Section Seven in Township 21 Range three West together with all improvements therein. This being the tract of land David Ward is at this time residing appraised at four dollars and fifty cents per acre making seven hundred and twenty ($720.00) dollars $720.00 Also, the North West quarter of the North east quarter of Section eighteen Township twenty one Range three West containing forty acres more or less apprd. @ 50.00 Another tract of land described as the West half of the North East quarter and the North East fourth of the North West quarter of Section No. Six in Township Twenty one of Range three West containing one hundred and fifteen acres and 17/100 more or less appraised @ one dollar per acre 115.17 1 Feather Bed and bedding ___40.00 Separate property of F. M. McLelland Estate $925.17 Community Land The North East quarter of the North East quarter of Section eighteen in Township Twenty one (21) North of Range three West containing forty acres more or less with the improvements therein apprd. @ one hundred dollars 100.00 Also another tract of land lying and being situated in the Parish of Claiborne, State of Louisiana numbered as the NE ¼ of SE ¼ of Section Two (2) and the SE ¼ of the SW ¼ of Section one (1) and South ½ of NE ¼ and West ½ of SE ¼ of Section two (2) and SE ¼ of SE ¼ of Sectin two and NW ¼ of NE ¼ and NE ¼ of NW ¼ of Section Eleven (11) all in Township twenty one of Range four West containing three hundred and sixty acres more or less @ $2 per acre 810.00 [NOTE: The top of the next page is unreadable due to fading ink. This is a continuation of the Inventory and Appraisement] List of doubtful accounts and notes due the Estate P. R. Kennedy note for 7.00 Alex Brunson acct. for 2.00 Alex Brunson note for 6.00 P. R. Kennedy note for 5.00 Jessie Sims note for 52.10 Jack Dickinson acct. for 4.25 Israel S. Feazle note for 4.50 L. M. Jones note for 18.05 L. Johnson note for 31.75 Mrs. Odom acct. for 3.00 Shad Johnson acct. for 1.25 F. M. McLelland, Jr. acct. for 1.50 Marion Odom acct. for 4.50 F. M. McLelland, jr. acct. for 11.50 David Nolan acct. for 5.50 Jno. M. Rabun acct. for .50 C. P. Rabun note for __28.25 $196.10 Amount brought forward $2512.25 Amount claims brought forward 196.10 George I. Railey note for 5.25 Mrs. Odom acct. for .40 J. H. Thompson note for 5.75 J. H. Thompson acct. for 38.10 James mason acct. for 3.75 J. L. Tugwell acct. for 2.50 H. J. Tignon acct. for 1.75 K. C. Wool acct. for .75 John Tabor note for ______9.00 $263.35 [Note: top of next page is unreadable due to faded ink] Separate property brought forward $925.17 $3462.42 Having completed foregoing inventory and appraisement, I have on this day closed the same. In testimony whereof, I caused said appraisers to sign their names hereto in presence of F. M. Lowery and Patrick Riorden, witnesses of lawful age and domicile. We sign and write said appraisers and me Recorder on this day and date above written. F. M. McLelland David Ward Patrick Riorden F. M. Lowery W. C. Smith, Recorder State of Louisiana Parish Court Parish of Union Know all men by these presents that we, Elizabeth F. Gee [sic] as principal and Francis McLelland as security are held and firmly bound unto the Honorable T. B. Tompkins, Judge of the parish Court [unreadable] Union Parish, Louisiana for the time being or to his successors in office in the just and full sum of Four thousand five hundred dollars to the true and full payment thereof we bind ourselves, our heirs, securities, administrators and legal representatives [unreadable] and in solido by these presents. Dated at Farmerville, Louisiana this 3rd day of September AD 1870. The condition of this obligation is such that whereas the said Elizabeth F. Gee [sic] has been duly and legally appointed and confirmed as Administratrix of the Estate of Frederick M. McLelland, Deceased and she has taken the oath required by law. Now therefore if the said Elizabeth F. Gee shall faithfully and impartially discharge all the duties incumbent on her as Administratrix the said Estate and shall render to the Judge of said Court a true and correct account of all her acts and doings in and about said Estate and shall when legally required so to do, pay over all sums of money and deliver all the property belonging to the said Estate to the prper person or persons to receive the same then this obligation to be null and void. Otherwise, to be and remain in full force according to law. Elizabeth F. McLelland F. M. McCleland Pinkney Odom Done, signed and acknowledged before me this the day and date above written. J. W. Reid Clerk, District Court [NOTE: Top of the next page is unreadable due to faded ink] State of Louisiana Parish Court Parish of Union I, Elizabeth F. Gee do solemnly swear that I will faithfully and impartially discharge all the duties incumbent upon me as Natural Tutrix of my following named minor children to wit: Mary E., Sarah L. and Francis R. McLelland, heirs of the Estate of Frederick McLelland, Decd. according to the best of my ability and understanding. So help me God. Elizabeth F. McLelland Sworn and subscribed before me this 3rd day of December 18 ’70. J. W. Reid Clerk, District Court Tutorship of the minors, M. E., S. L. and Francis R. McClelland State of Louisiana Parish Court Parish of union Whereas, Elizabeth F. Gee has been duly and legally appointed Natural Tutrix of her following minor children to wit: Mary E., Sarah L. and Francis R. McLelland, heirs of the Estate of Frederick M. McClelland, Deceased and she has taken the oath prescribed by law. Therefore the said Elizabeth F. Gee is thereby duly and legally authorized and confirmed to do and perform all the acts appertaining to the said appointment according to law. Given under my hand and seal of office this 3rd day of December AD 1870. J. W. Reid Clerk, District Court State of Louisiana Parish Court Parish of Union I, Francis McClelland do solemnly swear that I will faithfully and impartially discharge all the duties incumbent upon me as Under Tutor of the following named minor heirs of the Estate of Frederick M. McClelland, deceased to wit: Mary E., Sarah L., Francis R. McClelland according to the best of my ability and understanding. So help me God. F. McCleland Sworn to and subscribed before me this 3rd of December AD 1870. J. W. Reid Clerk, District Court Tutorship of the minors M. E., S. L. and Francis R. McCleland State of Louisiana Parish Court Parish of Union Whereas Francis McCleland has been duly and legally appointed and confirmed as Under Tutor of the following named minor heirs of the Estate of Frederick M. McCleland, deceased to wit: Mary E., Sarah L. and Francis McCleland and he has taken the oath prescribed by law. Now therefore the said Francis McCleland is hereby duly and legally authorized and empowered to do and perform all the acts appertaining to the said appointment according to law. Given under my hand and seal of office this 3rd day of December AD 1870. J. W. Reid Clerk, District Court To the Honorable the Judge of the Parish Court in and for the Parish of Union, State of Louisiana. The petition of Elizabeth F. McLelland, a resident of your Parish, Administratrix of the Estate of F. M. McLelland, Decd. late of Union parish, Louisiana respectfully represents unto your honor that the personal property of the said Estate is expensive to keep and subject to waste. Therefore petitioner prays that an order issue from your Honorable Court authorizing her to sell all the personal property belonging to said Estate of F. M. McLelland after due and Legal advertisement, that said sale be made in accordance with the articles of the Code of Practice regulating such sale and for all other orders and decrees necessary in the premises and for general relief. Futch & Ellis Atty. for Admx. Premises considered, it is ordered and decreed that the personal property of the Estate of F. M. McLelland be sold after due and legal advertisement and that [rest of page is unreadable] [NOTE: the top of this page is the inventory and is unreadable due to fading ink] Amount brot. over 704.50 400 bushels corn 400.00 1 feather bed and clothing 40.00 25 notes and accounts 25.00 7500 lbs. seed cotton @ 3 ½ cents __262.50 total amount sales $1432.00 The above property being offered for cash with benefit of appraisement and the above amounts being as much on than the appraisement said property is hereby sold, transferred and delivered to said purchaser, Mrs. E. F. McLelland, she having complied with the terms of sale. In testimony, whereof, I hereunto sign my name in my capacity as Administratrix of said Succession on the day and date above written. E. F. McLelland Administratrix [NOTE: the top of page is unreadable] Premises considered, it is ordered and decreed that a family meeting composed of Pinkney Odom, Marion Odom, R. Honeycutt, J. M. Defee, J. C. Cargill be convoked to recommend a suitable person for Tutor of the minor children of Frederick M. McLelland and viz. Mary E., Francis Rand, Sarah L. McCleland. That said meeting be held in the Recorder’s office in the Town of Farmerville, La. at 9 AM September 30th AD 1873. That W. C. Smith, parish Recorder be and is hereby authorized to hold said meeting. Thus done and signed on this the 30th day of September AD 1873. Thos. Lewis Parish Judge [NOTE: The next three pages are too faded to read] A true record, September 22, 1873. W. W. Heard Dept. Clerk District Court ########################################################## File at: http://files.usgwarchives.net/la/union/court/mclelland-fm.txt