1866 Tutorship of Minor Heirs of Willim J. Payne, Dec'd., Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 7/2006 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= 1866 Succession of Andrew J. Alphine, Dec'd., Union Parish Louisiana Union Parish Louisiana Succession Book F, pp. 455 - 459 ================================================================================== ================================================================================== NOTE: In 1860, H. M. Carson was a Farmerville merchant. His household included his wife and their young daughters Emma and Frida (aged 5 and 3), and his wife's children by her marriage to William J. Payne: Daniel (17), Lycurgus (12), and Commodore (10). It appears that the census enumerator may have recorded Carson's initials incorrectly, as the record below implies that his name was "William H. Carson". ================================================================================== ================================================================================== State of Louisiana 11th Judicial District Court Parish of Union To the Honorable Judge of the Eleventh Judicial District Court in and for the Parish of Union, State of Louisiana. The petition of Sebella B. Carson and of William H. Carson, Tutrix and Co Tutor of the minor Commodore Payne and residents of said parish of Union, the first named petitioner assisted and authorized herein by her husband respectfully represents that the Under tutor of Commodore Payne is now dead and that the office of Under Tutor is now vacant. Wherefore Petitioner prays that Moses S. Carson be appointed Under tutor on his taking the oath required by law and for such further orders as may be lawful and necessary in the premises and for general relief. Morison & Farmer Attys. For Tutrix & Co. Tutor 12th District Court Parish of Union State of Louisiana I do solemnly swear that I will faithfully and impartially discharge all the duties incumbent on me as Under Tutor of the minor Commodore Payne to the best of my knowledge and ability. So help me God. M. S. Carson Sworn to and subscribed before me this 3rd day of October 1866. T. C. Lewis Deputy Clerk Succession of Wm. J. Payne 11th Judicial District Court Parish of Union, State of Louisiana The foregoing petition being considered, let the pray thereof be granted and it is hereby ordered that Moses S. Carson be appointed Under tutor to the minor Commodore Payne, he having taken the oath required by law. Done and signed in office this 3rd day of October 1866. J. W. Reid Clerk, District Court Succession of Wm. J. Payne Eleventh Judicial District Court Parish of Union, State of Louisiana To the Hon. Judge of Eleventh Judicial District Court in and for the Parish of Union, State of Louisiana. The petition of Sebella B. Carson, Tutrix of her minor children, Lycurgus and Commodore Payne and of William H. Carson her husband and Co Tutor of said minors who hereby authorizes and assists his wife both residents of the said Parish of union respectfully represents that said minors the former of whom has been emancipated by marriage and owners in concession with their elder brother who is of full age of a certain tract of land situated in Columbia County in the State of Arkansas consisting of some six hundred acres of land which consisted of the plantation of their Grandfather, Daniel Payne, together with such stock, provisions &c, as are necessary to work the same as a plantation. Avers that said Plantation is of inferior quality and will decrease instead of improve in value and that it cannot be cultivated profitably to said owners. Also that said plantation can be sold for the price of Two Dollars per acre in gold coin and that it is not worth more than that amount and farther that an offer has been made of Twenty five bales of cotton of average weight and quality payable in the winter of 1867 and 1868, the payment of which will be secured by mortgage on the land and special lien and privilege on the crops to be raised in the year 1867 shows that if said land is sold, Petitioner propose to invest the proceeds of the same in alluvial[sic] either in the Eastern of Southern or Middle portion of the State of Louisiana which can now be purchased cheap and which Petitioners believe will greatly increase in value within a few years and by the time the last named minor attains his majority at least and that such lands cannot by any means decrease in value. Petitioner farther represents that said minors and their said Brother Daniel M. Payne own in common a certain tract or plantation of land, situated in the Parish of union in this state concerning which the same statements are true, that have been made concerning the tract of land in the state of Arkansas except that the land in said Parish of Union was acquired upon the Father of said minors instead of their Grandfather and that petitioners do not know the value thereof. They represent also that to enable Petitioners to sell said tract of land it is necessary to invoke a family meeting to deliberate as to the proper course to be pursued relative to the land of said minors and the proper disposition to be made of the same. Wherefore Petitioner prays that an order issue to W. C. Smith, Recorder and Ex Officio Notary Public in and for the said Parish of Union directing him to convoke before him a family meeting comprised by William A. McFarland, Joseph Baker, G. W. Carson, John M. Roberson and James G. Kolb, friends of said minors and that M. S. Carson, Under Tutor be notified to attend said meeting and that the family meeting deliberate and advise as the propriety of selling the lands of said minors, and if they advise the sad lands be sold that they fix the price and term on which said sale shall be made and that they recommend the disposition to be made of money arising from the sale of said land and for all such orders and decrees as may be lawful and necessary in the premises and for general relief. Morison & Farmer Attys. for Tutrix & Co Tutor Succession of Wm. J. Payne 11th Judicial District Court Parish of Union, State of Louisiana The foregoing petition being considered, let the prayer thereof be granted and it is hereby ordered that a family meeting be convoked before Wm. C. Smith, Recorder and Ex officio Notary Public in and for the Parish of union and State of Louisiana on a day to be fixed by him to be composed of William A. McFarland, Joseph Baker, G. W. Carson, John M. Raburn and James B. Kolb, friends of said Minors and that M. S. Carson be Under Tutor be notified to attend said family meeting and that the meeting deliberate and render opinion as to the propriety of selling the interest of the minors Lycurgus and Commodore Payne in a certain tract of land situated in Columbia county, Arkansas and a certain tract of land situated in the Parish of Union, State of Louisiana and to fix the price and terms on which the same shall be sold and to advise as to the best investment that can be made of the money arising there from and in general as deliberate and advise concerning the matters set forth in the foregoing petition. Done and signed in office this 4th day of October 1866. J. W. Reid Clerk, District Court State of Louisiana Parish of Union We and each of us do solemnly swear that we will well and faithfully deliberate and render our opinion as to the matters contained in the annexed order and that we will truly and impartially discharge all the duties incumbent on us as members of the family convoked in presence of said order. Jno. M. Raburn Jos. Baker W. A. McFarland G. W. Carson James G. Kolb Sworn to and subscribed before me this 4th day of October 1866. Wm. C. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this the fourth day of October AD one thousand eight hundred and sixty six pursuant to an order of the Honorable 11th Judicial District Court in and for the Parish of Union, Louisiana which is hereto named for reference to me William C. Smith, Recorder and Ex Officio Notary Public in and for said Parish directed, I caused to come before me at my office in the Town of Farmerville the following make citizens of the Parish of Union, friends of the minors Lycurgus and Commodore Payne, to wit William A. McFarland, Joseph Baker, William G. Carson, John M. Raburn and Jas. G. Kolb convoked as a family meeting for the purpose of giving their advice and opinion touching the subject matter as set forth in the annexed order. Said members being by me duly sworn, proceeded to deliberate and advise and after mature deliberation, they advise and recommend that the Tutrix of the minors of Lycurgus Payne and Commodore Payne be authorized to sell the interest of said minors in a certain tract of land situated in Union parish containing 260 acres more or less and also their interest in a certain tract of land situated in the State of Arkansas, Columbia County containing 600 acres more or less and they further recommend that each tract be sold for a sum not less than two dollars and fifty cents per acre in currency. And they further recommend that the Tutrix of said minors be authorized to receive the proceeds of said sales in any manner that she may think to the interest of her said minor children. In testimony whereof, I have caused said members to sign this process verbal in presence of the undersigned lawful and competent witnesses, who signs with the members and me Recorder on this the day and date above written and approved by M. S. Carson, Under Tutor. A. J. Futch Jno. M. Raburn D. Arent James G. Kolb Wm. C. Smith, Recorder Jos. Baker G. W. Carson W. A. McFarland M. S. Carson, Under tutor Succession of Wm. J. Payne 11th Judicial District Court Parish of Union, State of Louisiana To the Honorable Judge of the 11th Judicial District Court in and for the Parish of Union, State of Louisiana. To the Petition of Sebella B. Carson and William H. Carson, her husband, Tutrix and Co Tutor of the minors Payne respectfully shows that they have filed in the office of the Clerk of said court the process verbal of the deliberations of a family meeting convoked to consider and advise as to the matters set forth in the order issued by your Hon. Court this date and on file in the Clerk’s office. Wherefore they pray that the proceedings and advice of said family meeting be approved and homologated and for general relief. Morison & Farmer, Attys. Succession of Wm. J. Payne Eleventh Judicial District Court Parish of Union, State of Louisiana The petition of Sebella Carson, Tutrix and William H. Carson Co Tutor of the minors Lycurgus and Commodore Payne being considered, it is ordered that the proceeding and advise of the Family Meeting convoked under an order from this Honorable court bearing date of October 4th 1866 concerning the disposition proper to be made of the lands owned by said minors in the states of Arkansas and Louisiana and the investment of the funds, advising therefore be approved and homologated. Done and signed in office this 4th day of October 1866. J. W. Reid Clerk, District Court A true record, May 17th 1867. J. W. Reid, Clerk #####################################################