Submitted for the Union Parish Louisiana USGenWeb Archives by Tracy Jones, 1/2002 . ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ Tutorship of the Minor Heirs of Allie C. Phelps Union Parish Louisiana 1913 Minors Grace & Rufus Phelps --------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------- Union Parish Louisiana Succession Book 6, Page 693 Tutorship of the minors, Grace & Rufus Phelps P. D. No. 501. Tutorship of the minors, Grace and Rufus Phelps. Application and Order for Family Meeting to recommend the appointment of Tutor and UnderTutor Filed January 6, 1913. To the Honorable the Fourth judicial district court in and for the parish of Union, State of Louisiana: The petition of Fred W. Phelps, who resides in Union Parish, Lousiana, respectfully shows: That Mrs. Allie C. Phelps, wife of J. A. Phelps, died intestate in Union Parish Lousiana, in February 1904, leaving three minor children, namely, petitioner, Grace Phelps and Rufus Phelps; that petitioner has since passed the age of eighteen and has been duly emancipated by a judgement of this honorable court; that petitioners said father who should be appointed Natural Tutor to said minors, left the state of Louisiana some fourteen months ago with being appointed tutor, as their tutor, and that he now resides permanently out of the state of Louisiana; that the said Grace Phelps and the said Rufus Phelps are present in the parish of Union and are still unprovided with a tutor; that petitioner is the nearest of kin to said minors and desire that a family meeting be duly convoked to deliberate and advise on the question of appointing a suitable person tutor to said minors, Grace Phelps and Rufus Phelps; that said minors are interested in some real property situated in Union Parish Louisiana, and that it is therefore necessary that an inventory be duly taken before some Notary Public duly appointed and assisted by two responsible persons to act as appraisers of said property; and that petitioner represents that the following persons are the nearest of kind domiciled in Union Parish, to with: William Wade and Robert B. Wade who are maternal uncles of said minors/ that there are no other minor relatives in Union Parish capable of being members of the family meeting, except Thomas R. Wade, who is inteerested as co-owner with said minors in the same property and who therefore is disqualified from serving in said capacity; and that the following friends are available to complete said family meeting, all domiciled in Union Parish, to wit: R. Ed Futch, George Bell and T. F. Terral. Wherefore, petitioner prays that a family meeting be convened and held to deliberate upon the subject matter of this petition; said family meeting to be composed of the following named near relatives: William Wade and Robert B. Wade; and the following friends of said minors, in default of further relatives: R. Ed. Futch, George Bell and T. F. Terral, all residing within the circle prescribed by law. And for general relief. J. B. Crow. Attorney for Petitioner. Affidavit. Before me, the undersigned legal authority, personally came and appeared Fred W. Phelps who being by me first duly sworn, deposes and says that he is the petitioner named in the above anforegoing petition, that he has read the same and that all the facts and allegations therein contained are true and correct so help him God. Fred W. Phelps. Sworn to and subscribed before the 6th day of Januaary A. D. 1913. Emmett J. Lee Dy Clerk of court. Order. Let a family meeting prayed for above be convened and held before Emmett J. Lee, Deputy Clerk and Ex-Officio Notary Public in and for Union Parish Louisiana, for the purposes stated in the above petition; said family meeting to be composed of the relatives and friends -------- [document cut off here/ rest not currently available] ------------------------------------------------------------------------------------ Union Parish Louisiana Succession Book 7, Page 127 Tutorship of the minors, Grace & Rufus Phelps No. 501. Tutorship of the minors Grace and Rufus Phelps. Application and Order for Family Meeting; filed Oct. 28, 1913. To the Honorable the Fourth Judicial District Court in and for the Parish of Union, State of Louisiana: That petitioner and said minors are co-owners in indivision of an undivided one-fifty-fourth (1/54) interest in all the property belonging to and composing the estate of petitioner's great-grand-father, Richard T. Moore, which estate consists of lands and personal property; that the other portions of, or interests in said estate are owned by T. R. Wade, Robert Wade, William Waade, Frankie Wade Futch and Sallie Wade Hunt, who own each an undivided on-eighteenth (1/18) interest in said estate; by John R. Hammock, who owns an undivided one-third (1/3) interest in said estate, and by the five heirs of John P. Moore namely, Allie Moore Robichaux, Augustus C. Moore, Will Moore, Fannie Moore and Leslie Moore a minor, who own each an undivided one-fifteenth (1/15) interest in said estate; that a part of said property being real property, it is necessary before same can be sold to effect a partition thereof that a family meeting be called to advise and deliberate whether or not it is to the best interest of the minors, Grace and Rufus Phelps, that their interest in and to said property be sold at private sale to effect a partition thereof and to fix the terms of such sale; that petitioner is unwilling and said minors are unwilling to remain longer in indivision with their said co-proprietors and desire that a partition be effected by private sale so that the costs will be as small as possible and in order that said sale may be effected as expeditiously as possible. That the following relatives and friends residing within the radius prescribed by law are the proper ones to compose the said family meeting to wit: T. R. Wade, Robert Wade, William Wade, Ed Futch and E. W. Wilson, the first three named being maternal uncles of said minors, the fourth being an uncle by marriage and the fifth a friend of said minors, and petitioner desires that a family meeting be ordered convoked in behalf of said minors and that same be composed of the relatives and friends hereinabove mentioned. Wherefore petitioner prays that the court order a family meeting to be called in behalf of the minors Grace and Rufus Phelps and that said meeting be composed of T. R. Wade, Robert Wade, William Wade, Ed. Futch and E. W. Wilson; that they be called to deliberate on the subject matter of this petition, that is, whether or not it is to the best interest of the said minors that the interest belonging to them be sold at private sale to effect a partition of all the property belonging to and composing the estate of the late Richard T. Moore deceased,; that said family meeting be also ordered to fix the price and terms of sale of said property or the said minors interest thereon; and for all other orders and for general relief. J. B. Crow Attorney for Petitioner ORDER. Let the family meeting prayed for in the within petition be convened and held before Emmett J. Lee, Dpeuty [sic] Clerk of court and ex-officio Notary Public in and for Union Parish La. for the purposes stated in said petition; said family meeting to be composed of the relatives and friends mentioned in said petition; and let Levy Ramsey under-tutor be notified to be in attendance on said meeting. Thus done and signed the 28 day of October 1913. A. J. Hammons, Clerk of the Court Union parish, La. ------------------------------------------------------------------------------------ Union Parish Louisiana Succession BOOK 6, PAGE 700 I then swore said members and had them and each of them sign the oath at the beginning hereof. I then read to them the petition for this meeting and outlined to them the duties thereof. And said members then retired from my office to deliberate upon the matters and things in hand. And after mature consultation and deliberation, said members returned into my office and unanimously recommended: That the 1/18th interest of each of these two minors now owned by them in common with one T. M. Wade in end to the N 1/2 of Section 18 Twp. 22 N. R. 1 West, containing 320 acres more or less, be sold for the purpose of effecting a partition between said minors and their said co-proprietor; that same be sold for not less than the inventoried value thereof, to wit: $100.00 for the two-eighteenths (1/9th) interest therein of these two minors. Also that the two-eighteenths (19th) interest of these two minors in end to the W 1/2 of SE 1/4 and S 1/4 of S 1/2 of NE 1/4 Sec. 20 Twp. 22 N., R. 1 West, containing 120 acres more or less, owned by them in common with their dative tutor Fred W. Phelps and Mrs. Frankie Wade Futch wife of R. Ed Futch, also be sold for the purpose of effecting a partition between them and their said co-proprietors and that said two minors' interest therein be sold for not less than $40.00 which is the inventoried value thereof of their said interests. The further recommend that said funds derived from such sale be placed by the dative tutor in a savings account of some reliable bank there to remain subject to the orders of the court, or till said minors have attained to the age of majority or shall have been emancipated by the court; that said sale be made at private sale or by private act for the purpose of making same as cheaply as possible; that said dative tutor, Fred W. Phelps, be and he is hereby authorized and empowered to sign deed or deeds of conveyance to said minors' interest in the above described property. Said members declared that they make these tecommendations for the reasons that the said property owned by the said minors in common with their said co-proprietors is not susceptible of an easy and convenient division in kind; that said minors can best and most quickly get their interest therein by a sale thereof and a division of the proceeds; and further, that one Thomas F. Terral has offered to them and their said co-proprietors a fair and just consideration for the greater part of the above property and said members believe and recommend that it is to their best interest that said offers be accepted. Said members each and all declared to me that they waived the three days notice required by law. And B. Levi Ramsey, under-tutor to said minors was present, but took no part in these deliberations, save to sign this act approving the above recommendations. In testimony whereof I have caused said parties, together with the undersigned witnesses to sign hereto in my presence on this the 6th day of January A. D. 1913. Attest: M. W. Wilson. R. Ed Futch. S. R. Terral. J. B. Crow. Geo. Bell. R. B. Wade. Will Wade. I hereby approve the above recommendations: B. Levi Ramsey, Under-tutor, Emmett J. Lee, Dy. Clerk of Court & c. *********************************************************************************************** Union Parish Louisiana Succession Book 7, Page 130 ORDER Let the deliberations of the family meeting herein held before Emmett J. Lee Deputy Clerk of Fourth District Court and Notary Public in and for Union Parish Louisian, be on the 28th day of October, 1913, the proces verbal of which accompanies the said the within petition, be approved an homologated, and the same are hereby approved and homologated; and, accordingly, the petition, Fred W. Phelps, the dative tutor of said minors, Grace and Rufus Phelps, is hereby authorized to sell the undivided tw-fifty-fourths (2/54) interest in the property described in said proces verbal which belongs to said minors to John R. ammock, a co-owner, of Union Parish, Louisiana, for them sum and price of seven hundred thirty three and 33-1/310 dollars, cash, and the said tutor is further ordered to place the amount in some savings bank of the state to bear interest at the best rate. This done and signed at chambers the 30th day of October, A. D. 1913. J. B. Holstead, Judge. ---------------------------------------------------------------------------------------------- Union Parish Louisiana Succession Record, Book 7, p. 130 No. 501. Tutorship of the Minors, Grace and Rufus Phelps. Petition and Order Homologating Prceedings of Second Family Meeting and ordering Sale of Minors' interest in Property. Filed January 6yh, 1913. To the Honorable the Fourth District Court in and for Union Parish, Louisiana: The petition of Fred W. Phelps, Dative Tutor to the minors, Grace Phelps and Rufus Phelps, with respect shows: That he herewith files the proces verbal of the deliberations of the family meeting held on behalf of said minors, befoore Emmett J. Lee, Notary Public, in and for Union Parish Louisiana, on the 6th day of January 1912, that, as will appear from the said proces verbal of said deliberations, the family meeting has unanimously recommended that for the purpose of effecting a partition of the property owned in indivision between said minors and petitioner and T. R. Wade and also another tract of land owned in indivisioon between said minors and petitioner and Mrs. Frankie Wade Futch, the property described in the proces verbal of the proceedings of said family meeting be sold at private sale for the purpose of effecting a partition among said co-owners, and that the offer of Thomas F. Terral of One Hundred Dollars for the minors undivided 1/9th interest in the land described as the N 1/2 of the Section 13, Twp. 22 N., R. 1 West Louisiana Meridian, be accepted and that the offer of Mrs. Frankie Wade Futch of forty dollars for the one-ninth 1/9th interest (1/18th interest each in all the above and below) be accepted and that said offers be accepted and the price thereof be paid in cash and the funds placed in a state bank for the said minors, and that the undertutor, Levi Ramsey, has approved the deliberations of said family meeting. Wherefore, petitioner prays that the said deliberations of ssaid family meeting be approved and homologated, and that petitioner be duly authorized to make the sales hereinabe set forth and recommended by said family meeting, and for all other orders and decrees and for full and general relief. J. B. Crow Attorney for Petitioner Order. Let the deliberations of the family meeting herein held on behalf of the minors Grace and Rufus Phelps, before Emmett J. Lee, Notary Public in and for Union Parish, a duly certified copy of the proces verbal of which accompanies the above petition, be approved and homologaated; and, accordingly, 1st petitioner, the tutor to said minors, be authorized to sell the undivided one-ninth (1/9th) interest or the 1/18th interest of each minor, which belongs to said minors, in the property herein above described and to Mrs. Frankie Wade Futch for the last described property being the W 1/2 of the SE 1/4 of the S 1/2 of the NE 1/4 of Section 20 Twp. 22 North Range 1 West, Louisiana Meridian, for the sum and price above set forth. Thus done and signed the 6th day of January 1913. A. J. Hammons, Clerk of Court. Union Parish, La. -----------------------------------------------------------------------------------------