1847 Succession of Michael Stewart, Deceased, of Union Parish Louisiana Submitted by: Shawn Martin Date of Submission: May 2009 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= ================================================================================= 1847 Succession of Michael Stewart, Deceased, of Union Parish Louisiana Union Parish Louisiana Succession Book A, pp. 317 - 321 ================================================================================= ================================================================================= To the Honorable the Judge of the 12th Judicial District Court in and for the parish of Union, Louisiana. The petition of David G. Stewart, a resident of said Parish & curator of the vacant Estate of Michael Stewart, late of said parish, deceased with respect represents unto your honor that it would be advantageous to the interest of the heirs of the said Michael Stewart to sell as soon as possible the property comprising said Estate. Wherefore petitioner prays that the same may be sold by Avery Breed, Sheriff of the parish of Union after due and legal advertisement and upon the following terms to wit: that sell the property composing said Estate be sold on a credit of twelve months, the purchaser or purchasers giving notes with security appointed by the curator together with a mortgage on the real estate so purchased and for such better relief & in view as the case may require &c. Baily & McGill, Attys. State of Louisiana 12th District Court Parish of Union Let the prayer of the petition be granted & it is further ordered that the property composing the vacant estate of Michael Stewart, late of said Parish, deceased, be sold after legal advertisement by Avery Breed, Sheriff of said Parish to the highest bidder on a credit of twelve months, the purchaser or purchasers giving dates with a security approved by the curator together with a mortgage on the real estate so purchased. In testimony whereof, I have hereinto signed my name this 24th day of December 1847. To the Honorable the Judge of the 12th District Court in & for the Parish of Union & State of Louisiana. The petition of David G. Stewart, curator of the succession of Michael Stewart, deceased with respect represents unto your honor that it would be conclusive to the interest of the heirs of said succession that the personal property composing the same be sold without delay after due advertisement. Wherefore he prays for an order to sell the said property on the following terms. All sums under five dollars, cash; over five, on a credit of twelve months from the day of sale, purchasers executing this note with approved security &c. Bailey & McGill, Attys. State of Louisiana Parish of Union Let the prayer be granted, it is further ordered that the personal property composing the said estate be sold by the curator, David G. Stewart in the terms set forth in petition after due advertisement according to law. In testimony whereof, I have hereunto signed my name this 20th day of January 1848. To the honorable the Judge of the Twelfth Judicial District Court, Parish of Union, State of Louisiana. The petition of David Stewart of the Parish of Union, State aforesaid respectfully represents that the Estate of Michael Stewart, Deceased is justly & legally indebted unto your Petitioner in the sum of three hundred and ten dollars, for attention in nursing during his last illness for board & lodging of self & horse for seven months previous to his death & for the price and value of a horse sold as the property of said Michael Stewart according to a specified bill of items hereto annexed for greater certainty. Petitioner owns that said estate is represented by David G. Stewart as administrator & that said account has been presented to him & he has refused to pay the same or allow it according to law. Therefore he prays that said David G. Stewart be duly cited to answer hereto & compelled by a judgment & receive of your Honorable Court to pay your petitioner a sum of three hundred & ten dollars with five per cent from Judicial demand and for general relief &c. R. W. Richardson, Atty. David Stewart District Court of Union Vs. Estate of Michael Stewart By reason of the law and evidence in this case being in force of plaintiff, it is ordered, adjudged & decreed that plaintiff recover of the successors of Michael Stewart represented by David G. Stewart as administrator the sum of one hundred & sixty four dollars & costs of the suit. Read & signed in open court this 9th of November AD 1847. Geo W. Copley Judge of the 12th District David Stewart Vs. David Stewart, Curator David G. Stewart the defendant in this case denies all and singular the objections contained in plaintiff petition and will below him to strict legal proof of the same. He prays from trial by Jury and for general relief &c. Bailey & McGill, Attys. To the Honorable the Judge of the 12th Judicial District Court in and for the Parish of Union, Louisiana. The petition of David G. Stewart, a resident of the said Parish, respectfully represents unto your honor that Michael Stewart, late of said Parish, the uncle of our petitioner departed this life about the 10th day of November 1847 intestate leaving several heirs to wit: David Stewart, a resident of Union Parish; Rachael Stroop, sister of Clark County, Arkansas; Henry Stroop, nephew in the Collateral line, a resident of the State of Texas; Mary McKensie, niece also in the Collateral line and your petitioner. Petitioner prays that he may be appointed Curator of the said Estate, that an Inventory be made according to law and for such other relief and orderes as the case may require &c. Bailey & McGuire, Attys. State of Louisiana 12th District Court Parish of Union Let the prayer of the petitioner be granted and it is further ordered that an inventory and appraisement of the property comprising the Estate of Michael Stewart, late of said Parish, deceased, be taken by Claiburn M. Smith, Recorder & Ex Officio Notary Public in & for said Parish according to law and it is further ordered that David g. Stewart be appointed Curator of the said Estate upon taking the oath and giving bond according to law. In testimony whereof, I have hereunto signed my name on this 14th December 1847. Thos. VanHook, Clk. State of Louisiana 12th district court Parish fo Union It is ordered that Henry R. Bryan be appointed attorney to represent the absent heirs to Michael Stewart’s estate. Done and signed in office on this 14th day of December 1847. Thos. VanHook, Clk. State of Louisiana Parish of Union Be it known that I Claburn M. Smith, Recorder and Ex Officio Notary Public in and for said Parish in pursuance of an order to me directed from the Honorable Twelfth Judicial District Court in and for the said Parish and State being on this the 22nd day of December AD 1847 proceeded to make the following inventory, appraisement of property belonging to the Estate of Michael Stewart, deceased calling upon Martin Hendrick and Robert Welch to act as appraisers, residents of said Parish. Forward to Book PoP, Page 524 ############################################################# File at: http://files.usgwarchives.net/la/union/court/stewart-michael.txt