1865 - 1866 Tutorship of Mary J. McClelland, orphan of James M. McLelland, Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 10/2005 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= Union Parish Louisiana Succession Book F, pp. 54 - 60 Tutorship of Mary J. McClelland, orphan of James M. McLelland ================================================================================== NOTE: James M. McLelland (also spelled 'McClelland', 'McLeland', etc.) was born about 1832 in Union County Arkansas, the son of James McLelland, Jr. (died 1834) and Ellen Brazeal (13 May 1804 - 21 Mar 1884). The widowed Ellen McLelland raised her family in Union County until 1847, when she and most of her children moved to Shiloh and bought a farm that in Union Parish, just one-half mile from the Claiborne/Union Parish line. James M. McLelland married in 1861 to Frances J. Tubb [Fanny] (c1843 – after 1868), the daughter of William Tubb (c1802 – 1864) and Mary B. ? (c1808 – after 1878). James M. McLelland enlisted as a private in Company E, 12th Regiment Louisiana Infantry at Monroe, Louisiana on 26 February 1862. He died while his regiment was stationed at Grenada, Mississippi only four months later. The only child of James M. and Frances McLelland was born several months after his death: Mary Jane McLelland (20 Oct 1862 – 6 Dec 1885), and she was buried in the Shiloh Cemetery. Mary’s uncle Frederick M. McLelland was appointed by the court as her under tutor. Sometime between the fall of 1862 and December 1865, Frances J. Tubb McLelland remarried to Robert J. Heath. When Frances filed her final account as administrator of James McLelland’s estate, Frederick went to court and disagreed with every item in Frances’ final account. By 1870, Robert J. Heath had moved to Shreveport, in Caddo Parish. Mary lived there with her mother and stepfather in 1880. I do not know why she was buried at Shiloh, other than it being close to where the Tubbs family resided. ================================================================================== The Honorable the Judge of the 11th Judicial District Court in and for the Parish of Union, State of Louisiana. The petition of Francis McLelland, a resident of the Parish of Claiborne, La. respectfully represents that James McLelland, a resident of the Parish and State aforesaid to wit: Union Parish, Louisiana departed this life about June 1862 leaving a minor child to wit: Mary J. McLelland and a surviving widow, the mother of the said minor who was Natural Tutrix, but never confirmed as such by the court. That the mother of the said minor to wit: Fanny McLelland has since married without a family meeting being convoked to advise with regard to her being continued as Tutrix and that therefore she has lost the right. Petitioner avers that the minor has come property and a Tutorship is necessary to secure the minor’s interest and manage her property. Wherefore he prays that a family meeting be convoked according to law consisting of petitioner and F. M. M. McLelland, uncles of the said minor and George Tubb, a cousin of the said minor and there being no other male relatives of the said minor in the said Parish that friends of the said minor be called to compose the said family meeting and that said family meeting advise and recommend the appointment of some suitable person to be appointed tutor and Under tutor to said minor Mary J. McLelland. That an inventory of said minor’s property be ordered and for all further orders and decrees necessary and for general relief. Jno. L. Barrett, Atty. State of Louisiana 11th Judicial District Court Parish of Union Let the prayer of the above petition be granted and it is ordered and decreed that a family meeting consisting of F. M. McCleland, Francis McCleland and George Tubb and Thomas Lowery and Pulaski More, relations and friends of the above mentioned minor heir of the Estate of James McCleland, Decd. residing in said Parish on Tuesday the 24th day of October at 12 oclock PM to consult on the matter and things set forth in the above petition and that he make due return of the same to this office. It is further ordered that William C. Smith, parish Recorder &c be and he is hereby authorized to make an Inventory and Appraisement of all the property belonging to the minor Mary J. McCleland and due return thereof make to this office. Done and signed in office this 18th day of October AD 1865. Thos. C. Lewis Clerk, District Court State of Louisiana 11th Judicial District Court Parish of Union The premises being duly considered and by reason of the decision and recommendation of a family meeting duly convoked before William C. Smith, parish Recorder and Ex Officio Notary Public in and for Union Parish, La. on the 24th day of October AD 1865 said family meeting composed of the relations and friends of within named Mary J. McCleland. It is therefore ordered and decreed that Mrs. Fanny Heath be and she is hereby appointed and confirmed as Tutrix and Robert J. Heath be confirmed as Co-Tutor of the said minor Mary J. McCleland and that upon their giving bond with good security and taking the oath prescribed by law that Letters of tutorship do issue to them. It is further ordered that Frederick M. McClelland be and he is hereby appointed and confirmed as Under tutor of the said minor and that upon his taking the oath required by law that Letters of such do issue to him. Done and signed in office on this the 6th day of November AD 1865. Thos. C. Lewis Clerk, District Court State of Louisiana 11th Judicial District Court Parish of Union I do solemnly swear that I will faithfully and impartially discharge all the duties incumbent on me as a member of a family meeting convoked for the purpose of recommending a suitable person to be appointed tutor to the minor Mary J. McLeland to the best of my judgment. So help me God. George Tubb Thos. Lowry Pulaski More Francis McLelland F. M. McLelland Sworn to and subscribed before me this the 24th day of October AD 1865. Wm. C. Smith, Recorder Be it remembered that on the 24th day of October AD one thousand eight hundred and Sixty five, I William C. Smith, Recorder and Ex Officio Notary Public in and for the Parish of Union and State of Louisiana, in pursuance of an order of the Honorable 11th Judicial District Court in and for said parish, I caused to come before me in the village of Shiloh in said parish the following persons: Francis McLelland, a resident of the Parish of Claiborne State aforesaid and Frederick M. McLelland, George Tubb, Pulaski More and Thomas Lowery, residents of the Parish of Union, La. relations and friends of the minor Mary J. McLelland convoked as a family meeting to advise and recommend a suitable person to be appointed tutor to the said minor Mary J. McLelland. Said members being first duly sworn by me the said Recorder proceeded to deliberate and advise touching the subject matter above stated and after mature deliberation, they advise and recommend that Fanny Heath, the mother of said minor appointed Tutrix and Robert J. Heath her husband Co-tutor. On giving bond according to law and they further recommend that Frederick M. McLelland be appointed Under Tutor. This done and signed by said members in the presence of John L. Tabor, V. D. Cranford witnesses of lawful age and domicile who have signed with said members and me the said Recorder this 24th day of October AD 1865. John L. Tabor F. M. McLelland V. D. Cranford George Tubb Wm. C. Smith, Recorder Thomas Lowery Pulaski More Francis McLelland State of Louisiana 11th Judicial District Court Parish of Union I do solemnly swear that I will faithfully and impartially appraise the property that may be presented to me belonging to the minor Mary Jane McLelland at its cash value to the best of my judgment. So help me God. Thomas Lowery Aaron C. Harper Sworn to and subscribed before me this the 6th day of November AD 1865. Wm. C. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this the 6th day of November AD one thousand eight hundred and sixty five pursuant to an order of the Honorable 11th Judicial District Court in and for said parish and State and to me William C. Smith, Recorder &c in and for said parish directed and being assisted by Thomas Lowery and Aaron C. Harper, residents of said parish who being duly appointed and sworn by me as appraisers proceeded to make an inventory and appraisement of the property belonging to the minor Mary Jane McLelland of the Parish of Union as herein after set forth: Tract of land situated in the Parish of Union, La. the west ½ of SW of Sec. No. 19 Township 21 Range No. 3 West containing 78 91/100 acres 78.91 And west ½ of West q1/w of Section No. 6 Township 21 Range 3 West containing 153 56/100 acres 153.56 And southeast ¼ of NE ¼ section 18 Township 21 Range 3 West containing 39 51/100 acres __59.51 271.98 In all 271 98/100 acres appraised @ 135.98 12000 pounds seed cotton more or less appraised @ $5 per pound 600.00 F. M. McLelland for seven Hundred & forty one dollars dated July 20, 1861 with 10 per cent Interest from date less a credit of one hundred ninety six & 40/100 dollars July 20/61 __614.50 Total amount $1350.58 Thus done and signed in my office on this the 6th day of November AD 1865 in presence of George W. Lowery and Francis M. Lowery and me said Recorder. G. W. Lowery Thomas Lowery F. M. Lowery Aaron C. Harper Wm. C. Smith, Recorder State of Louisiana 11th Judicial District Court Parish of Union I Fanny Heath do solemnly swear that I will faithfully and impartially discharge all and singular the duties incumbent on me as Tutrix of the minor Mary J. McLelland heir of the Estate of James McClelland, Decd. according to the best of my ability and understanding. So help me God. Francis J. Heath Sworn to and subscribed before me this 11th day of November AD 1865. Thos. C. Lewis Clerk, District Court Tutorship of the minor Mary J. McClelland State of Louisiana 11th Judicial District Court Parish of Union Whereas Mrs. Fanny Heath has been duly and legally appointed and confirmed as Tutrix of the following minor heir of the Estate of James McClelland, Decd. to wit: Mary J. McClelland and she has given bond with good security and has taken the oath prescribed by law. Now, therefore the said Fanny Heath 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 11th day of November AD 1865. Thos. C. Lewis Clerk, District Court State of Louisiana 11th Judicial District Court Parish of Union I Robert J. Heath do solemnly swear that I will faithfully and impartially discharge all and singular the duties incumbent on me as co9-Tutor of the following minor heir of the Estate of James McClelland, Decd. to wit: Mary J. McClelland according to the best of my ability and understanding. So help me God. R. J. Heath Sworn to and subscribed before me this 11th day of November AD 1865. Thos. C. Lewis Clerk, District Court Tutorship of the minor McClelland State of Louisiana 11th Judicial District Court Parish of Union Whereas Robert J. Heath has been duly and legally appointed and confirmed as Co-tutor of the following named minor heir of the Estate of James McClelland, Decd. to wit: Mary J. McClelland and he has given bond with good security and has taken the oath prescribed by law. Now therefore the said Robert J. Heath 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 the 11th day of November AD 1865. Thos. C. Lewis Clerk, District Court State of Louisiana 11th Judicial District Court Parish of Union I Frederick M. McClelland do solemnly swear that I will faithfully and impartially discharge all and singular the duties incumbent on me as Under tutor to the minor Mary J. McClelland according to the best of my ability and understanding. So help me God. Frederick M. McClelland Sworn to and subscribed before me this 6th day of November 1865. Thos. C. Lewis Clerk, District Court Tutorship of the minor Mary J. McClelland State of Louisiana 11th Judicial District Court Parish of Union Whereas Frederick M. McClelland has been duly and legally appointed Under Tutor of the minor Mary J. McClelland and he has taken the oath prescribed by law. Now therefore the said Frederick M. McClelland 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 6th day of November AD 1865. Thos. C. Lewis Clerk, District Court State of Louisiana 11th Judicial District Court Parish of Union Know all men by these presents that we Frances Heath and Robert J. Heath as principals and George W. Lowery and Francis M. lowery as their securities are held and firmly bound unto Honorable J. D. Watkins, Judge of the 11th Judicial District Court in and for Union Parish, La. for the time being or to his successors in office in the just and full sum of One thousand eight hundred and twenty five $1825.00 Dollars to the true and faithful payment whereof well and truly to be made, we bind ourselves, our heirs, assigns and legal representatives firmly by these presents. Date at Farmerville, La. this 11th day of November 1865. The condition of the above bounden Francis Heath has been by the recommendation of a family meeting duly and legally appointed Tutrix of the minor Mary J. McClelland heir of the Estate of James McClelland, Decd. and that Robert J. Heath has been appointed Co-tutor of the said minor and they have given bond with good security and they have taken the oath prescribed by law. Now therefore if the said Francis Heath and the Robert J. Heath shall faithfully and impartially discharge all and singular the duties incumbent on them as Tutrix and Co-tutor aforesaid and shall faithfully look after the interest of the said minor Mary J. McClelland in all things thereto appertaining and shall render to the Judge of the said Court a true and faithful account of all their acts and doings in and about said matter of Tutorship and shall whenever legally so to do pay off sums of money and deliver all the property of whatever nature received by them belonging to the said minor to the proper person or person to receive the same. Then and in that case the obligation to be null and void, otherwise to be and remain in full force and virtue against the principal and his said securities. Done and signed before me on 11th day of November AD 1865. ATTEST: Frances J. Heath Thos. C. Lewis R. J. Heath Clerk, District Court G. W. Lowery F. M. Lowery A true record, June 6th 1866. T. C. Lewis, Clerk ###########################################################