1883 Succession of Mary Redden, Deceased, of Union Parish Louisiana Submitted by: Shawn Martin Date of Submission: 3/2010 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= ================================================================================= 1883 Succession of Mary Redden, Deceased, of Union Parish Louisiana Union Parish Louisiana Succession Book A-3, pp. 44 - 46 ======================================================================================= ======================================================================================= Succession of Mary Redden Application & Affidavit to take Testimony: Filed October 27, 1883 In the matter of the Succession of Mary Redden, Decd. Opposition to final account of D. Redden, Administrator David Redden, Administrator of the Estate of Mary Redden, deceased would respectfully show to the Court that Mrs. Martha A. Nicholas an important and material witness in the above matter is now sick and unable to attend the present term of this honorable court. That she resides in your said Parish of Union, State of Louisiana. That he cannot safely go to trial without the testimony of said Mrs. Martha A. Nicholas. He expects to be able to prove by said Mrs. Martha A. Nicholas that your appearer brought with him from the State of Alabama, cash and property worth from three thousand five hundred dollars to four thousand dollars about the year 1841. That he knows of no other witness by whom these facts can be proven. That this fund & property was carefully kept and controlled by applicant who possessed the same at the time of the alleged marriage with Jane Glass. That after her death your appearer had about the same amount in cash and property say in the year 1852. Your appearer moves the court for a commission directed to W. K. Rushing, a Justice of the Peace at Spearsville, directing and authorizing him to take the deposition of said Martha A. Nicholas at such time and place as your honorable court may fix. That due notice of this order be given to Jas. A. Ramsey, Esq. Attorney for the heirs of Mary Redden, decd. and for such other orders as are necessary in the premises. J. E. Trimble Atty. for Admr. State of Louisiana Parish of Union Personally came and appeared before me the undersigned authority David Redden who being sworn says that all the allegations in the foregoing application are true and correct. David Redden Sworn to and subscribed before me this 27th day of Oct. A. D. 1883. W. W. Heard Dy. Clerk, DC Premises considered and by reason of the foregoing application & affidavit it is ordered that a commission directed to W. K. Rushing, Justice of the Peace commanding & ordering him to take the deposition of Mrs. Martha A. Nicholas on Oct. the 31st, day of October 1883 on Nov. 2nd, 1883 and due return make to our said Court. It is further ordered that service of this order be made upon Jas. A. Ramsey, Esq. Attorney for the heirs of Mary Redden, decd. Thus done and signed in open court this the 27th day of Oct. AD 1883. E. M. Graham Judge Third Dist. Of La. Received in office on the 29th day of October AD 1883 and on the same day and date, I made service of a certified copy of the within order on Jas. A. Ramsey, Atty. for heirs of Mary Redden, decd. by handing it to him in person in the Court House in Union Parish, La. Service 50c J. C. Montgomery Dy. Sheriff. Opposition of Heirs to final account: Filed February 14, 1884 In the matter of the Succession of Mary Redden, Decd. Opposition to the amount of D. Redden, Administrator D. Redden, Admr. in the above Succession prays the Court for a rule on the opponents, heirs of the Estate of Mary Redden, to show cause if any they have why the testimony of Mrs. Mary Nicolus taken before W. K. Rushing, J.P. Ward Seven, Union Parish, should not be read in evidence on the trial of said opposition to final account of your appearer. That service of this rule be made and defendants in rule ordered to answer at such time as your Honorable Court may give. J. E. Trimble Atty. for Admr. Service of this rule acknowledged this Feby. 14th 1884. Jas. A. Ramsey Atty. for Opponents. Opposition to the final Account: Filed November 1, 1883 State of Louisiana Justice Court, Ward No. 7 Parish of Union To James A. Ramsey, Esq. You are hereby notified a commission from E. M. Graham, Judge of the third Judicial District to take the testimony of Mrs. Martha A. Nicholas in a suit pending on the homologation of the final account of David Redden, Administrator of the Estate of Mary Redden, Decd. and I will proceed on Wednesday the 31st day of October 1883 to take said Testimony in the town of Spearsville, Union Parish, Louisiana. Given under my hand officially this Oct. 29th 1883. W. K. Rushing, J. P. Received the within notice Oct. the 29th and served a copy of the same on James A. Ramsey, Esqr. In person in Farmerville, Union Parish, Louisiana 18 miles from office on the 30th of October 1883 this Oct. 31st AD 1883. Constables Cost. Riding 36 miles at 10c $3.60 Serving notice __.50 $4.10 Lopez McDonald, Constable In the matter of the Estate of Mary Redden, Decd. pending the homologation of the Final Account of David Redden as Admr. of said Estate opposed by the heirs of same. The State of Louisiana Third District Court Parish of Union The State of Louisiana and said Court W. K. Rushing Justice of the Peace Seventh Ward Union Parish, LA Know Ye, that we, reposing confidence in your prudence and fidelity, do, by the presents, give unto you authority diligently to examine Mrs. Martha A. Nicholas in a certain suit now pending in our Court, in which David Redden as Admr. of above Estate pending the homologation of his final account is plaintiff, and the heirs of said Estate opposing same are defendants on the part of said Admr. Therefore, we desire you at certain times and places, by you to be appointed for that purpose to cause the said witness to come before you on Oct. 31st 1883 that you then and there examine her upon her oath, first taken before you upon the Holy Evangelist; that you reduce the said examination to writing, and when you shall have so taken the same, you sent it closed up under seal to us, in our said Court at the court House in the town of Farmerville, La. on or before the 2 of November 1883 and have your then and there this writ. Witness the Honorable E. M. Graham, Judge of said Court this 29 day of October AD 1883. W. W. Heard Dy. Clerk State of Louisiana Justice Court, Ward 7 Parish of Union Before me W. K. Rushing one of the Justices of the Pearce in and for the Parish of Union, State of Louisiana personally appeared Mrs. Martha A. Nicholas who after being duly sworn according to law answers the interrogatories filed by David Redden, Admr. as follows to wit: Answer to 1st Interrogatory – He David Redden is my father Answer to 2nd Interrogatory – In Shelby County, Alabama her mother was Rachel Linsey, she died about five years ago in Alabama. Answer to 3rd Interrogatory – In October 1841 my father started from Alabama to come to Louisiana. He started from Shelby county, Alabama, he had thirteen (1300) hundred dollars in money about three (300) hundred dollars worth of cow, horse, sheep and hog bells one good horse bridle and saddle worth one (100) hundred dollars, one good yoke of oxen and wagon worth one hundred (175.00) and seventy five dollars, one good silver watch worth twenty five ($25.00) dollars, two good feather beds and bed clothing worth one hundred ($100.00) dollars, two fine rifle guns worth seventy five (75.00) dollars. Answer to 4th Interrogatory – I, Martha a. Nicholas come to Louisiana in November 1850 and settled on my father David Redden’s land near Spearsville and made a crop there in 1851. I lived with my husband Wilson Nicholas on my father’s land. Answer to 9th Interrogatory – I do not know but I suppose he had about the same amount of cash & property that he had when Jane Glass died for he married her in a very short time after Mary Glass died. Martha A. (her X mark) Nicholas Sworn to and subscribed before me this the 31st day of October AD 1883. W. K. Rushing, J. P. To Lopez McDonald, Court Ward 7, Union Parish, Louisiana To returning testimony of Martha a. Nicholas from Spearsville to Farmerville by order of W. K. Rushing, J. P. 36 Miles @ 10c $3.60 J. P. Fee 2.50 ########################################################################################## File posted at: http://files.usgwarchives.net/la/union/court/redden-mary.txt