1871 - 1872 Succession of Francis M. 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 ************************************************ ================================================================================== ================================================================================== 1871 - 1872 Succession of Francis McLelland, Deceased, of Union Parish Louisiana Union Parish Louisiana Succession Book G, pp. 449 – 461 ================================================================================== ================================================================================== NOTE: Francis M. McLelland [Frank] (c1818 – 6 July 1871) was the son of James McLelland, Jr. (1780s - 1834) and Ellen Brazeal (13 May 1804 - 21 Mar 1884). His birth occurred while James and Ellen lived in Hempstead County, Arkansas Territory. Francis moved with his parents into Claiborne Parish Louisiana in the early 1820s, and shortly after 1830, they moved to Union County Arkansas, settling near El Dorado. After James' death in 1834, the McLellands remained in Union County until the mid-1840s, when Francis and his mother moved into Louisiana, settling near Shiloh. Francis bought a large plantation that lay on either side of the Union/Claiborne Parish line. Francis McLelland married between 1850 and 1860 to Mary Lowrey (c1820 – 21 July 1887), the daughter of George Lowrey and Elizabeth ?. Frank and Mary had no children who survived to adulthood. After their marriage in the 1850s, they resided across the parish line in Claiborne Parish in 1860 and he paid his 1864 taxes of $1.73 as a resident of Claiborne Parish. According to court records, they resided in Claiborne Parish in both 1867 and 1869. However, by 1870 they were listed in Union Parish living next to his mother Ellen McLelland Ward. On 5 March 1882, Mary Lowrey McLelland remarried to Andrew J. Williams. She was buried in the Alabama – Weldon Cemetery, but Frank McLelland has no marker there. ================================================================================== ================================================================================== To the Honorable the Judge of the parish court of Union Parish, State of Louisiana. The petition of Mary McLelland, a resident of your Parish and State aforesaid respectfully shows that she is the surviving widow of Francis McLelland, late deceased, who died in the Parish of Union in the summer of the year 1871 at his resident in said parish leaving with you petitioner his last Will and Testament which is hereto [unreadable] your petitioner now present for probate. It is further alleged that by the terms of said will your petitioner is made and constituted Executrix of the said will with full [unreadable] of all the property of deceased both real and personal. It is further alleged one of the witnesses to said will to wit Wm. A. Jones is now dead [unreadable] Wm. Crawford lives in the State of Texas, that three of them are in the City of New Orleans. [NOTE: Most of the next page is unreadable due to faded ink] that a commission do issue directed to any Judge or Justice of the Peace [unreadable] to take the testimony of the witnesses Henry March, Alex Shlenker and Hon. John T. Ludeling as prayed for in petition and the said commission be and is hereby made returnable on my [unreadable] the 25th day of November 1871 and the Clerk of the District Court is hereby ordered to make an exact and [unreadable] Will of said deceased and to retain the same [unreadable] attaching the original will to the commission above ordered. Done and signed in chambers this 2nd day of November 1871. T. B. Tompkins Parish Judge Parish Court of Union Parish, State of Louisiana In the matter of the Probate of the last will and Testament of Francis McLelland, Decd. by reason that the last Will and Testament of Francis McLelland [NOTE: The top portion of this page is unreadable. It is a copy of the William of Francis McLelland date April 14th 1857] that it was his wish and desire that his said wife should have the [unreadable] of all his property real and personal during her natural live. Be it further remembered that this will was written by John T. Ludeling one of the subscribing witnesses from the dictation of the testator be it further remembered that the said Testator presented the will in the presence of the subscribing witnesses declaring it was his last6 will and testament as requested me John T. Ludeling aforesaid to write it in the presence of the subscribing witnesses [unreadable] accordingly done. In faith whereof the testator signed this his last will in the presence of the subscribing witnesses who also signed their names. ATTEST: Wm. H. Crawford Francis McLelland W. O. Jones S. W. Ramsey Alex Shlenker Henry March Jno. L. Ludeling [NOTE: Next section of page is unreadable] Parish Court of Union Parish State of Louisiana In the matter of the Probate of the last Will and Testament of Francis McLelland, Decd. Interrogatories to be provided to Honorable Jno. T. Ludeling, Henry March and Alex Shlenker all of the City of New Orleans, Parish of Orleans which [unreadable] and all subscribing witnesses the last Will and Testament of Francis McLelland, decd. The statement in answer to which when taken by commissioner are to be used as evidence before the Parish Court aforesaid on the trial of the motion to Probate said will. Invty. 1st. Were you acquainted with Francis McLelland, Decd. The Testator and were you present at the execution of the annexed document marked “A” Invty. 2nd. Examine the said document purporting to be the last Will and Testament Francis McLelland and state whether your own signature hereto is genuine. Whether your own signature hereto is genuine. Whether you saw the Testator and the other witnesses sign the same and whether all the signatures thereto are genuine. Invty. 3rd. State if you know who wrote the Will and at whose dictation it was written and whether Testator made any statement at the time the will was presented and that the statement was also whether the will was read in the presence of the witnesses or who read it. Also when and if said will was expected and state any other facts you may [unreadable]. Jno. L. Barrett Atty. for Executrix Jon. L. Ludeling who being duly sworn [NOTE: the top portion of this document is unreadable] my signature to the document annexed the testament of Francis McLelland is [unreadable]. I saw the Testator Francis McLelland tell the subscriber sign their names thereto and the signatures are genuine. I wrote the will at the dictation of Francis McLelland [unreadable] the witnesses whose signatures are affixed to it declaring it was his last will and testament and requesting me to read it aloud in the presence of himself and the said witnesses which I did. The testator sign it in the presence of the witnesses aforesaid. The will was executed in the town of Farmerville, parish of Union, State of Louisiana on this day it purports to have been executed. I was a resident of the Parish of Ouachita and the other subscribing witnesses resided in the Parish where the will was made. Jno. L. Ludeling Sworn to and subscribed before me this 20th day of November 1871. W. L. Evans Second Justice of the Peace Parish of Orleans United States of America State of Louisiana Parish of Orleans City of New Orleans Deposition of witnesses taken and subscribed before me W. L. Evans, Second Justice of the Peace for the parish of Orleans in the State of Louisiana duly elected sworn, commissioned and acting as such on the 20th day of November AD Eighteen hundred and Seventy one between the hours of 10 o’clock AM and 2 o’clock PM of said days at my office No. 51 Commercial Ave. In the city of New Orleans, Parish of Orleans and State of Louisiana in pursuance of commissioner hereto annexed and to be read, delivered and certain cause now [unreadable] in the Parish of Union, Louisiana [NOTE: Top portion of page is too faded to read} John McLelland [unreadable] the will in testimony in the presence of the witnesses whose signatures was affixed to in [unreadable] as it was his last will and Testament and requested Jno. Ludeling to read it aloud [unreadable] of the witnesses which he did. The will was executed in the presence of the witnesses aforesaid in the town of Farmerville, Union Parish, State of Louisiana on April 14, 1857. Henry March Sworn to and subscribed before me this 20th day of November 1871. W. L. Evens Second Justice Peace Parish of Orleans Alex Shlenker who being duly sworn deposes and answers as follows: Francis McLelland, decd. was present at the execution of the annexed document marked “A” To second Interrogatory – my signature – said document is genuine. I also saw the Testator sign. His subscribers on the signatures viz. witnesses thereto are present. {NOTE: Top portion of page is too faded to read] The State of Louisiana Parish of Orleans City of New Orleans I, W. L. Evans recent Justice of the Peace for the Parish of Orleans duly elected sworn commission and acting as such [unreadable] the city of New Orleans in the Parish of Orleans and State of Louisiana do hereby certify and make known that the foregoing deposition of Jno. L. Ludeling, Henry march and Alex Splenker was taken before me on the twentyth day of November AD Eighteen hundred and seventy one at the time and place in the [unreadable] hereof mentioned. That the examinations, responses and statements of each of said deponents were rendered to writing by my clerk by the said deponents respectively sworn to and subscribed in my presence at the time and place aforesaid. In testimony whereof, I, W. L. Evans, second justice of the peace for the parish of Orleans aforesaid do hereunto set my hand at the City of New Orleans in the State of Louisiana this 20th day of November AD Eighteen hundred and seventy one. W. L. Evans Second Justice of the Peace for the Parish of Orleans Costs Commissioner’s Fee 10.00 Certificate [blank] Constable’s Fees Notices and Subpeonas __1.00 Paid Postage 11.00 W. L. Evens Second Justice of the Peace for the Parish of Orleans State of Louisiana Parish of Union In the matter of the Probate of the Will of Francis McLelland, Deceased. Be it remembered that on this the 2nd day of December 1871 in the town of Farmerville the time and place fixed by order of court for the Probate [NOTE: Next 7 lines are unreadable] by me deposes and says I was acquainted with Francis McLelland and was present [unreadable] this will my signature thereto is genuine and made in presence of Testator and other witnesses and the [unreadable] we signed in each when presented and [unreadable] and other witnesses are present. The will was written at the dictation of Testator by [unreadable] dictating one of the subscribing witnesses [unreadable] presence of witnesses and Testator and signed [unreadable]. This was done at [unreadable] Shlenker’s storehouse on the day and date [unreadable] in the will in the Town of Farmerville, State of Louisiana. S. W. Ramsey Sworn and subscribed in my presence this the 2nd day of December 1871. T. B. Tompkins Parish Judge Therefore by reason of the law and the evidence and the will appearing in regular form and duly sworn, it is ordered, adjudged and decreed that this will be duly executed and that it be recorded and that the original will be deposed in the office of the Clerk of the District Court and Ex Officio Clerk of the parish Court and Custodians of all records [unreadable]. This done, read and signed in chambers this the 2nd day of December 1871. T. B. Tompkins Parish Judge Process Verbal Be it remembered that the last will and testament of Francis McLelland was duly proved in my presence by the testimony of four of the subscribing witnesses to wit: Messrs. John L. Ludeling, Henry March, Alex Shlenker who’s testimony was taken by commission duly issued from the Parish Court and which was real in court said commission and testimony being hereto annexed and [unreadable] of the record. Also by the testimony of Simpson W. Ramsey who came to give testimony verbal which was taken down by me the undersigned Judge after he had been duly sworn to testify [unreadable] and after hearing the said testimony [unreadable]. [NOTE: The first 6 lines of the next document is unreadable] T. B. Tompkins Parish Judge State of Louisiana Parish of Union I do solemnly swear that I will faithfully [unreadable] and impartially appraise the property that may be presented to you pertaining to the succession of Francis McLelland, decd. at its cash value to the best of my judgment and understanding. So help me God. R. L. Moore W. M. Pullon Sworn to and subscribed before me this the 14th day of February AD 1872. W. C. Smith Parish Recorder State of Louisiana Parish of Union Be it remembered that on this the [unreadable] day of February AD One thousand eight hundred and seventy two pursuant to an order of the Honorable the Parish Court in and for the Parish of Union, Stat of Louisiana authorizing and commanding me to make an Inventory of the property rights and credits belonging to the Succession of Francis McLelland, decd. situated in the Parish of Union, Louisiana and being assisted by Richard T. Moore and William M. Pullon who being duly appointed and sworn by me as appraisers proceeded to make said Inventory and appraisement of the property as presented and pointed out situated in the parish of Union, La. to wit: First, a tract of land situated in the Parish of Union and State of Louisiana known as the home tract containing three hundred and fifty acres more or less and numbered as follows: Appraised to be worth in cast $2 per acre making seven hundred and twenty dollars $720.00 Also another tract known as the Brumly tract containing two hundred acres more or less and numbered as follows [blank] appraised to be worth in cash $1.50 per acre making three hundred dollars 300.00 18 head cattle apprd. @ $4 per head 72.00 20 head stock hogs @ $2 per head 40.00 Household and kitchen furniture 150.00 ½ interest in set blacksmith tools 10.00 ½ interest in still apprd. @ 25.00 [NOTE: The top half of the next page is unreadable. More of appraisement] List of promissory notes due the Estate First class paper No. 1 W. G. Simmons note due one day after Date, dated Dec. 30th 1871 for 443.28 No. 2 E. F. McLelland note due one day after Date with 8% interest from 1st Jany. 1871 for 155.17 No. 3 C. T. Huff note due one day after date With 8% interest dated Jany. 1, 1870 for 16.66 Second Class paper No. 1 A. T. Wright note for $2.00 No. 2 Dearing Wright note for 16.07 No. 3 W. P. Welsh note for 10.00 No. 4 S. M. Wright note for 16.33 No. 5 M. M. Norris note for 76.41 No. 6 G. F. Farmer note for 3.75 No. 7 Jack Austin acct. for __24.36 $149.30 Valued at fifty cents on the dollar __74.66 Amount brought forward $716.57 Third class paper No. 1 W. P. Odom note for $4.00 No. 2 W. S. St. John note for 37.72 No. 3 T. T. Welden note for 11.88 No. 4 Mitchell Wright note for 10.28 No. 5 T. L. Welden note less $1.20 Dec. 18 ’70 for 62.80 No. 6 G. R. Beasin note for 58.36 No. 7 French Shother note for 78.59 No. 8 G. R. Beasin note for 5.66 No. 9 R. J. Morgan note for [blank] less cr. $1.75 6.97 [NOTE: The rest of inventory is unreadable] I have completed the foregoing inventory and appraisement. I have caused said appraisers to sign their names hereto in presence of [blank] and [blank], witnesses called for the purpose who sign with said appraisers and me Recorder. ATTEST: J. W. Reid R. L. Moore John M. Phillips W. M. Pullen W. C. Smith, Recorder Succession of Francis McLelland, Deceased Parish Court Parish of Union State of Louisiana I, Mary McLelland do solemnly swear that I will faithfully and impartially discharge all the duties incumbent on me as Testamentary Executrix of the Estate of Francis McLelland, Deceased according to the best of my ability and understanding. So help me God. Mary (her X mark) McLelland Sworn to and subscribed before me this 11th day of December AD 1871. Signed W. A. Booles, P. P., Ward No. 4, Union Parish, La. Estate of Francis McLelland State of Louisiana Parish of Union Parish Court Whereas Mary McLelland has been duly and legally approved Testamentary Executrix of the Estate of Francis McLelland, deceased and she has taken the oath required by law. Now therefore the said Mary McLelland is hereby duly and legally authorized and empowered to do and perform all and singular the acts appertaining to the said appointment according to law. Given under my hand and seal of office this 13th day of December AD 1871. J. W. Reid Clerk, District Court To the Honorable the Judge of the Parish Court of Union Parish, State of Louisiana. The petition of Mary McLelland of your Parish and State aforesaid respectfully shows that she has been recognized and confirmed as Exrecutrix of the Estate of Francis McLelland, decd. that a sale of all or at least of a considerable portion of said Estate is necessary to pay the debts of said Estate and that said debts are due and pressing. Wherefore petitioner prays for an order of your Honorable Judge authorizing petitioner as Ex’r. of the Estate of Francis McLelland, Decd. to sell all the personal property and a sufficient amount of the real property of said Estate to pay the debts of the same according to law and that Executrix make the said sale for all orders and decrees necessary in the premises and for general relief &c. Jno. L. Barrett, Atty. Parish Court of Union Parish, La. In the matter of the Estate of Francis McLelland, Decd. The premises considered and the evidence authorizing the same. It is hereby ordered, adjudged and decreed that Mary McLelland, Executrix be and she is hereby authorized to sell at public auction according to law all of the personal property and sufficient amount of the real property of the Estate of Francis McLelland, Decd. to pay the debts of said Estate and that the Executrix be authorized to make the said sale. Done and signed in chambers on this August 31st 1872. T. B. Tompkins Parish Judge [NOTE: Remainder of page and last page is unreadable] The parties having complied with the terms [unreadable] hereby adjudicated the aforesaid property to the said purchasers. ATTEST: B. F. Pleasant Mary (her X mark) McLelland R. H. Dearman Executrix A true record, December 19th 1873. W. W. Heard Deputy Clerk District Court ################################################################## File at: http://files.usgwarchives.net/la/union/court/mclelland-francis.txt