1862 - 1864 Succession of S. David and Mary W. Mims, Decd., Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 2/2005 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= Succession of S. David and Mary W. Mims, Decd. Union Parish Louisiana Succession Book E, pp. 414 - 421 ================================================================================== Succession of S. David and Mary W. Mims, Decd. To the Honorable Judge of the 11th District Court presiding in and for the Parish of Union, State of Louisiana or to the Clerk of said Court. The petition of James hart, a resident of the Parish of Morehouse with respect represents that Mrs. M. W. Mims, wife of D. S. Mims died in August 1861 and that S. David Mims died in March 1862. He avers that both of said persons died intestate in the Parish of Union, State of Louisiana leaving three minor children to wit: Sarah, Buchannan and James, the issue of their marriage. He avers that it is the wish and request of the relatives of the minors that he should act as tutor to said minors. He avers that Mrs. M. W. Mims left separate or paraphernal property at her death consisting of slaves, stock and other personal property. Wherefore, he prays that he may be appointed tutor to said minors and that James R. Ross, the uncle of the minors be appointed Under Tutor. He prays further that a family meeting be convoked and that in the absence of male relatives in the parish or within thirty miles of the Parish in the said state, the members of the family meeting be appointed form among the friends of the minors and that the Recorder or a Justice of the Peace be appointed to hold the family meeting according to law to give their advice touching the property of appointing James Hart Tutor to said minors. He further prays for an order for an inventory of the property of Mrs. M. W. Mims and for general relief &c. Jno. T. Ludeling {?}, Atty. State of Louisiana Parish of Union Let the prayer of the petitioner be granted and it is hereby ordered, adjudged and decreed that James R. Ross of Union Parish be appointed Under Tutor to the minors Sarah, Buchannan and James, children of S. D. & M. W. Mims., Decd. and that a family meeting composed fo the following friends (in the absence of relatives or connexions) of the minors to wit: Wm. H. Carson, James A. Dozier, James T. White, J. A. Harville and B. K. Sims (who we hereby appoint members of said family meeting) to be convoked and held before William C. Smith, parish Recorder &c to give their advice touching the interest of the minors and as to the propriety of appointing James Hart Tutor to the above named minors. It is further ordered that an inventory and appraisement of the paraphernal property of Mrs. M. W. Mims be taken by the Recorder of the Parish according to Law. Done and signed this March 24 day 1862. James L. Guthrie Clerk, District Court State of Louisiana Parish of Union Be it remembered that on this day the 24th of March 1862 at 12 o’clock, I caused to come before me the undersigned members of the family meeting appointed and convoked to give their advice as to the propriety and fitness of the appointment of James Hart as Tutor to the minors, Sarah, Buchannan and James, children of S. D. and M. W. Mims and after having caused each member to take and subscribe the oath prescribed by law and after having explained to them the object of the meeting they proceeded to deliberate among themselves on the subject matter above stated. When they unanimously advised and recommended the appointment and confirmation of James Hart as tutor to the minors aforesaid and the Under Tutor being present approved of the recommendations and the proceedings. In forth, whereof, the members of the family meeting have signed this process verbal with me and the Under Tutor. ATTEST: W. H. Carson Jas. L. Guthrie James A. Dozier Allen Carr James T. White J. A. Harvell B. K. (his X mark) Sims James R. Ross, Under Tutor I approve the above. W. C. Smith, Parish Recorder State of Louisiana Parish of Union I do solemnly swear that I will give my advice according to the best of my knowledge touching the interest of the minors on which I am called upon to deliberate. Wm. H. Carson James A. Dozier James T. White J. A. Harvelle B. K. (his X mark) Sims Sworn to and subscribed before me this 24th day March 1862. W. C. Smith, Parish Recorder State of Louisiana Parish of Union Know all men by these prescribed that we James Hart as principal and James R. Ross as his security are held and firmly bound unto W. B. Egan, Judge of the 11th District Court in the just and full sum of Twelve Thousand ($12,000.00) dollars to the true and faithful payment whereof well and truly to be made. We bind ourselves, our heirs and assigns firmly by these presents dated at Farmerville March 24th 1862. The condition of the above obligation is such that whereas the above bounded Jas. Hart has been duly and legally appointed Under Tutor to the following minor heirs of the Estate of S. D. and M. W. Mims to wit: Sarah, Buchannan and James Mims and he has taken the oath prescribed by law. Now, therefore, if the said Jas. Hart shall faithfully perform all and singular the duties in his said capacity and shall faithfully look after the bodies of said minors and shall render a faithful account of all his acts in and about said tutorship to the Judge of said Court and shall whenever legally required so to do pay over all sums of money or other property belonging to said Estate to the person or persons to receive the same. Then the above 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 and acknowledged on the day and date above written. ATTEST: James Hart Jas. L. Guthrie, Clerk Jas. R. Ross State of Louisiana 11th District Court Parish of Union I, James Hart, do solemnly swear that I will faithfully and impartially discharge all and singular the duties incumbent on me as tutor to the following minor heirs of the Estate of S. D. and M. W. Mims, Decd. to wit: Sarah, Buchannan and James Mims to the best of my ability and understanding. So help me God. James Hart Sworn and subscribed before me on this the 24th day of March 1862. Jas. L. Guthrie, Clerk Succession of S. D. and M. W. Mims, Decd. Whereas James Hart has been duly and legally appointed Tutor to the following minor heirs of the Estate of S. D. and M. W. Mims, Decd. and he has given bond and taken the oath prescribed by law. Now therefore, the said James Hart is hereby duly and legally authorized and empowered to do and perform all and singular the duties appertaining to said appointment according to law. Done and signed in office on this the 24 March 1862. Jas. L. Guthrie, Clerk State of Louisiana 11th District Court Parish of Union I, Jas. R. Ross do solemnly swear that I will faithfully and impartially discharge all and singular the duties incumbent on me as Under Tutor to the minors of the Estate of S. D. and M. W. Mims, Decd. to the best of my ability and understanding. So help me God. Jas. R. Ross Sworn to and subscribed before me this the 24 March 1862. Jas. L. Guthrie, Clerk Succession of S. D. and M. W. Mims, Decd. 11th District Court, Parish of Union, Louisiana Whereas, Jas. R. Ross has been duly and legally appointed Under Tutor to the following minor heirs of the Estate of S. D. and M. W. Mims, Decd. and he has taken the oath required by law. Now therefore the said Jas. R. Ross is hereby duly and legally authorized and empowered to do and perform all and singular the duties appertaining to said appointment according to law. Done and signed in office on this the 24th of March 1862. Jas. L. Guthrie, Clerk District Court To the Honorable the Judge of the Eleventh Judicial District Court in and for the Parish of Union, Louisiana. The petition of James Hart, a resident of the Parish of Morehouse, Louisiana respectfully represents that he has been appointed and qualified Tutor to the minor children, Sally Mims, Buchannan Mims and James Mims all residing with their natural uncle James R. Ross who is their Under Tutor. Petitioner represents that he desires to be released from the said Tutorship for the reason that the personal care of the said children has been entrusted to the said James R. Ross who is also willing to take upon himself the Tutorship. He therefore pray that a family meeting may be convoked according to law to consider upon this and such other matters concerning the interest of said minors as may be laid before them and that he asks the said meeting should so decide may be discharged from the Tutorship after due and lawful proceedings had and for general relief. H. Rebenburg, Atty. State of Louisiana Parish of Union Let the prayer of Petitiioner be granted and it is hereby ordered that a family meeting be convoked consisting of T. H. Cann, James M. Underwood, Joseph Baker, John R. Ross and Thos. C. Lewis, relatives and friends of the minor children, Sally Mims, Buchannan Mims and James Mims to consider upon the matter set forth in the within petition and William C. Smith, Recorder and Ex Officio Notary Public is hereby ordered to convoke the said family meeting and return the Proc. Verb. [sic] of the same to this office. Given at the clerk’s office in said Parish on this the 9 January AD 1864. D. Arent, Dep. Clerk State of Louisiana Parish of Union I do solemnly swear that I will give my advice faithfully to best of my knowledge touching the interest of the matters on which I am called upon to deliberate. T. H. Cann Thos. C. Lewis J. H. Underwood Jos. Baker John A. Ross Sworn to and subscribed before me on this the 12th day of January AD 1864. W. C. Smith Parish Recorder State of Louisiana Parish of Union Be it remembered that on this the 12th day of January AD 1864 persuant to an order of the Honorable 11th Judicial District Court in and for the Parish of Union, La. I William C. Smith, parish Recorder and Ex Officio Notary Public in and for the Parish of Union, La. caused to come before me at my office in the town of Farmerville, the following persons, members of a family meeting appointed and convoked to give their advice and recommend a suitable person to be appointed Tutor to the minors, Sarah, Buchannan and James, children of S. D. and M. W. Mims to wit: John A. Ross, James M. Underwood, Joseph Baker, Thos. C. Lewis and F. H. Cann. After having caused each member to take and subscribe the oath prescribed by law and after having explained to them the object of the meeting they prescribed to deliberate among themselves on the subject matter above stated. When they unanimously advised & recommended that James Hart the present tutor to the said minors be released from the tutorship of the minors aforesaid by complying with all the requirements of the law of his act up to the day of his discharge and they further recommend that James R. Ross be appointed and confirmed as Tutor to the minors aforesaid and the Under Tutor being present approved of the recommendations and the proceedings. In faith whereof the members of the family meeting have signed this process verbal with me and the Under Tutor and the undersigned lawful competent witnesses on this the day and date above written. ATTEST: John A. Ross S. A. Whyte J. M. Underwood D. Arent Thos. C. Lewis W. C. Smith, F. H. Cann Parish Recorder Jos. Baker To the Honorable the Judge of the 11th Judicial District Court in and for the Parish of Union Louisiana. The petition of James Hart was sent to the Parish of Morehouse, State of Louisiana respectfully presents the foregoing process verbal of a family meeting duly convoked before William C. Smith, Parish Recorder and Ex Officio Notary Public. Wherein James R. Ross was recommended as Tutor of the Minor heirs of S. D. and M. W. Mims. He prays that the same may be made according to the terms of the same. He further prays for such other orders as to nature of the case requires. Jas. Guthrie State of Louisiana 11th Judicial District Court Parish of Union The premises considered it is ordered and decreed that this foregoing process verbal of family meeting be approved and homolgated in all its parts according to law and that James R. Ross be appointed and confirmed as Tutor of the minor heirs of S. D. and M. W. Mims, Decd. Upon his giving bond with good security and taking the oath prescribed by law. Done and signed in office on this the 5th day of March AD 1864. Thos. C. Lewis, Clerk District Court State of Louisiana 11th Judicial District Court Parish of Union I, James R. Ross, do solemnly swear that I will faithfully and impartially discharge all the duties incumbent on me as Tutor of the following minor heirs of the Estate of S. D. and M. W. Mims, Decd. to wit: Sarah, Buchannan and James Mims according to the best of my abilities and understanding. So help me God. Jas. R. Ross Sworn to and subscribed before me this 12th day of January 1864. D. Arent, Depty. Clrk Tutorship of the Minors Sarah, Buchannan and James Mims State of Louisiana 11th Judicial District Court Parish of Union Whereas, James R. Ross has been duly and legally appointed and confirmed as Tutor to the following minor heirs of the Estate of S. D. and M. W. Mims, Decd. to wit: Sarah Buchannan and James Mims and he has given bond and good Security and taken the oath prescribed by law. Now therefore the said James R. Ross is hereby duly and legally authorized and empowered to do and perform all the duties appertaining to said appertenance according to law. Given under my hand and seal of office on this 12th day of January AD 1864. D. Arent, Depy. Clerk. State of Louisiana 11th Judicial District Court Parish of Union Know all men by these presents that we James R. Ross as principal and John A. Ross as his security are held and firmly bound unto W. B. Egan, Judge of the 11th Judicial District Court in and for the Parish and State aforesaid in the just and full sum of Twelve Thousand Dollars to the true and faithful payment whereof will and truly to be made, we bind ourselves, our heirs and assigns firmly by these presents. Dated at Farmerville, La January 12 AD 1864. The condition of the above obligation is such that whereas the above found James R. Ross has been duly and legally appointed Tutor to the following minor heirs of the Estate of S. D. and M. W. Mims to wit: Sarah, Buchannan and James Mims and he has taken the oath prescribed by law. Now therefore if the said James R. Ross shall well and faithfully perform all and singular the duties incumbent on him in his said capacity and shall faithfully look after the bodies of said minors and shall render a true and faithful account of all his acts in and about said tutorship to the Judge of said Court and shall whenever required so to do pay over all sums of moneys and other property belonging to said Minors to the proper person or persons to receive the same. Then the above obligation to be null and void otherwise to be and remain in full force against the principal and his said securities. Jas. R. Ross John A. Ross Signed and acknowledged on the day and date above written. D. Arent, Depty Clerk Tutorship of the Minors Sarah, Buchannan and James Mims State of Louisiana 11th Judicial District Court Parish of Union Whereas, John A. Ross has been duly and legally appointed Under tutor to the following Minor heirs of the Estate of S. D. and M. W. Mims, Decd. to sit: Sarah, Buchannan and James Mims and has taken the oath prescribed by Law. Now therefore the said John A. Ross is hereby duly and legally authorized and empowered to discharge all and singular the duties appertaining to said appointment according to law. Given under my hand and seal of office on this 12th day of January 1864. D. Arent, Depy. Clerk Account and Tableau of James Hart, Tutor To the succession of S. D. and Mary W. Mims, Decd. He charges himself with the amount of the Inventory of the Estate of Mary W. Mims $9585.75 He further charges himself with the excess of Sales over the amount of Inventory 89.65 He further charges himself with the hire of negro man Alfred to R. C. Mims from March to December 1862 112.50 He further charges himself with the hire of the negroes to himself and the crops of S. D. Mims of 1862 after they came into his hands 554.57 1863 He further charges himself with the hire of the negroes to M. E. Daniels for the year 1863 1200.00 He further charges himself with hire of the negro men for 1˝ months @ $12.50 per month 56.00 And fore the hire of one negro man for 1 month @ 12.50 1864 And he further charges himself with the hire of the Negroes to W. S. Terrele for the year 1864 __1000.00 $12588.52 He credits himself with the Inventory of the negroes $9455.00 He further credits himself for board paid M. E. Daniels for Buchannan and Sallie Mims while at School 5 mos. @ $6 each per mo. 60.00 By further amount paid M. E. Daniels for miscellaneous for the negro hires 11.50 He further credits himself with tuition of Buck and Sallie, See Voucher D1 15.25 V.A.1 By Recorders W. C. Smith’s fee 18.75 V.A.1 By Clerk’s Jas. L. Guthrie fee 9.25 V.B.1 James R. Ross for board &c for minors 1862 270.50 V. B. 2 James R. Ross for board &c 1863 550.50 He further credits himself with Balance due on hire of negro from M. D. Daniels see his obligation marked “E” 575.50 He further credits himself with the hire of negroes to W. J. Terrell for the present year 1864 1000.00 V.F.1 By further audit M. & W. Smith for [unreadable] ___12.50 Amt. carried over to page 3 11967.75 Amt. Credit Brot. Forward 11967.75 Attorney Regenbergs for Petition of Resignation ____15.00 $12982.75 Cash Balance ___598.77 $12581.52 Commission of Tutor ___302.00 $12278.95 Tutorship of the Minors of S. D. & M. W. Mims Homolgation of the final account and Tableau of Distribution filed by James Hart, Tutor to said Minors. 1st Vouchers filed with final acct. & tableau 2nd David Arent sworn statement says that he recognizes the signature of Jas. R. Ross, Under Tutor and knows that the signature to the approval of the said final account and tableau of distribution (filed by James Hart, Tutor to the minors of S. D. & M. W. Mims, Decd.) to be the true and genuine signature of James R. Ross. He further states that the final acct. &c was filed by him as Deputy Clerk on the 16th day of January 1864. D. Arent Sworn to and subscribed before me the 5th day of March 1864. Thos. C. Lewis, Clerk I hereby certify the above and foregoing to be all the evidence addressed on this Homolgation of the final account and tableau filed by Jas. Hart as Tutor to the minor heirs of S. D. and M. W. Mims. Given under my hand and seal of office on this 5th day of March 1864. Thos. C. Lewis, Clerk State of Louisiana 11th Judicial District Court Parish of Union By reason of the Law and the evidence in the homolgation of the tableau and acct. filed by James Hart, Tutor of the minor heirs of S. D. & M. W. Mims, Decd. and by further reason of the Under Tutor. It is ordered, adjudged and decreed that this account and tableau be approved and homolgated in all its parts and that James Hart be discharges from said Tutorship and his bond canceled upon his filing the receipt of this present tutor of said minors of all the property belonging to said minors. Done and signed in office on this the 5th day of March AD 1864. Thos. C. Lewis Clerk, District Court A True Record. April 5th 1864. Thos. C. Lewis, Clerk ################################################################