1843 - 1845 Union Parish Louisiana Succession of Van Swearengen, Deceased Submitted by: Shawn Martin Date of Submission: 11/2008 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================== ================================================================================== 1843 - 1845 Union Parish Louisiana Succession of Van Swearengen, Deceased Union Parish Louisiana Succession Book C, pp. 1 – 7 Union Parish Louisiana Succession Book A, pp. 143 – 144 ================================================================================== ================================================================================== ================================================================================== ================================================================================== Union Parish Louisiana Succession Book C, pp. 1 – 7 ================================================================================== ================================================================================== State of Louisiana Parish of Union Be it remembered that on this 23rd day of October AD 1843 that I, John Taylor, Parish Judge and Ex Officio Notary Public in and for said Parish and State, it having come to my own knowledge that Van Swearengen departed this life in the aforesaid parish on or about the first day of October 1843 intestate at the house of Mr. Levi Jordan’s, a resident of the Parish of Union leaving no heirs in the State of Louisiana to my knowledge, but has left a considerable Estate consisting of rights credits and some personal property and for the purpose of making an inventory and appraisement of said decedent’s Estate. I have repaired to the residence of Levi Jordan and for the purpose as aforesaid, I have appointed Claud T. Barton and Thomas Brantley, residents and freeholders of said Parish appraisers to appraise all the property comprising said decedent’s Estate and whom after being well and duly sworn by me the said Judge well and truly to do and perform all and singular the matters and things herein according to law have proceeded as follows together with me the said Judge and undersigned witnesses and parties to wit: Inventory Appraisement One note on T. M. Smith for two hundred and thirty two dollars and forty four cents dated 24th January 1843 payable one day after date with ten percent interest from date until paid Note 232.44 Interest up to date 17.43 One note on Pool & Philips dated 21st April 1843 for forty three dollars and three cents due the 1st day of January next with 10 percent interest until paid Note 43.03 Interest up to date 2.50 One note on John Odom dated 26th December 1840 and payable 1st day of January 1842 with ten percent interest from due until paid Note 144.00 Interest up to date 26.40 One note on Charles Absence date 28th August 1840 and due 1st January 1841 with ten percent interest from due until paid Note 115.50 Interest up to date 32.38 One note due on John Odom dated 10th October 1842 with ten percent interest from the 1st of March last (1842) Note 100.00 Interest up to date 16.60 One note on Charles Absence dated 26th December 1840 with ten percent interest from date until paid Note 66.50 Interest up to date 18.28 Two notes on Evan Jones dated 29th April 1843 one for one hundred dollars and the other for 33.12 ˝ cents both drawing interest at ten percent until paid Note 133.12 ˝ Interest on the note up to date 6.65 One note on James M. Turner dated 28th December 1842 with interest from the 1st of March 1843 until paid. Endorsed by B. Howard Note 28.46 Interest at percent 2.03 One note on Aaron Livingston dated 29th April 1843 with ten percent interest from the 17th April 1841 Note 100.00 Interest 35.00 One note on Charles Absence dated 25th December 1842 with ten percent interest from the first of March 1841 until paid Note 24.05 Interest 6.93 Acknowledged amounts by Levi Jordan 233.33 One sorrel horse 60.00 One saddle and bridle 10.50 Cash on hand twenty dollars, silver 20.00 One note on the Branch Bank of Alabama ____5.00 $1451.63 One bundle of papers marked A the notes roped up on paper and Marked B The above inventory amounting to the sum of fourteen hundred and fifty one dollars and 63 cents. In testimony whereof said parties appraisers have signed their names together with Levi Jordan who gave in the property and in presence of the undersigned witnesses and me Judge, the date above. In faith whereof, I have signed my name and affixed my seal of office. TESTE N. M. Bryan C. T. Barton L. K. Thomas Thomas Brantley John Taylor, Parish Judge Levi Jordan N. M. Bryan, Atty. for the absent heirs We and each of us do solemnly swear that we will to the best of our understanding appraise all the property comprising the Estate and succession of Van Swearengen, Deceased so far as will be shown or may come to our knowledge. So help us God. C. T. Barton Thomas Brantley Sworn to and subscribed before me this 25th day of October 1843. John Taylor, Judge To the Honorable John Taylor, Judge of the Court of Probates in and for the Parish of union, State of Louisiana. The petition of Thomas VanHook, resident of your said Parish and State with respect represents unto your Honor that on or about the [blank] of October instant (1843) one Van Swearengen, late of said Parish and State departed this life intestate leaving no heirs or legal representatives residing in said State known to your Petitioner and leaving considerable property consisting of Personal Estate, rights and credits. Petitioner further represents that said decedent has several brothers and sisters (their names unknown to your Petitioner) residing in the states of South Carolina and Alabama. Wherefore your Petitioner prays your Honor to cause an Attorney to be appointed to represent the interest of the absent heirs of said deceased and that your petitioner be appointed Curator of said Estate after all legal delays and for all further orders and decrees as the nature of the case may require and as in duty bound &c. Thos. VanHook in person By reason of the law and evidence in this case and the legal advertisements having been made in pursuance to law and no opposition having been made, it is ordered, adjudged and decreed by the Court that Thomas VanHook the petitioner be appointed Curator of the vacant Estate of Van Swearengen, deceased, lat of this Parish, Louisiana and that Needham M. Bryan be appointed Counsel to represent the absent heirs of said succession and that an inventory and appraisement be made of said Estate according to law. Done and signed in chambers on this 10th November AD 1843. John Taylor Judge of Probates State of Louisiana Parish of Union I, Thomas VanHook do solemnly swear that I will to the best of my understanding discharge and perform all and singular the duties incumbent on me as curator of the vacant succession of Van Swearengen, deceased to the best of my abilities. So help me God. Thos. VanHook Sworn to and subscribed before me the 10th day of November AD 1843. John Taylor Parish Judge State of Louisiana Parish of Union Know all men by these presents that we Thomas VanHook as principal and N. M. Bryan, his security of the State of Louisiana are held to cause an attorney to be appointed to represent the interest of the absent heirs of said deceased and that your Petitioner be appointed Curator of said Estate after all legal delays and for all further orders and decrees as the nature of the case may require and as in duty bound &c. Thos. VanHook In pro person By reason of the law and evidence n this case and the legal advertisements having been made in pursuance to law and no opposition having been made. It is ordered, adjudged and decreed by the Court that Thomas VanHook the petitioner be appointed Curator of the vacant Estate of Van Swearengen, Deceased late of this Parish and Louisiana and that Needham M. Bryan be appointed Counsel to represent the absent heirs of said succession and that an inventory and appraisement be made of said Estate according to law. Done and signed in chambers on this 10th November AD 1843. John Taylor Judge of Probate Court State of Louisiana Parish of Union I, Thomas VanHook do solemnly swear that I will to the best of my understanding discharge and perform all and singular the duties incumbent on me as Curator of the vacant succession of Van Swearengen, Deceased to the best of my abilities. So help me God. Thos. VanHook Sworn and subscribed before me the 10th day of November AD 1843. John Taylor Parish Judge State of Louisiana Parish of Union Know all men by these presents that we Thomas VanHook, principal and N. M. Bryan, his security of the State of Louisiana are held and firmly bound unto John Taylor, Judge of the Court of Probates in and for the Parish of Union and to his successors in office in the sum of Eighteen hundred and fourteen dollars and fifty four cents current money of the United States of America, which we promise to pay to him or to his successors in office for the faithful performances of which we bind ourselves and each of us, our [unreadable] of our heirs, Executors and Administrators jointly and severally firmly by these presents, renouncing all benefit or divisions of discussion whatever. Signed and acknowledged this the 10th day of November AD 1843. The [unreadable] of the above obligation is such that if the above [unreadable] Thomas VanHook [unreadable] Estate of Van Swearengen, Deceased [unreadable] being according to law administer the same and further does make and render a true, fair and perfect account of the actions and doings when hereunto lawfully required either aforesaid Judges or by his successors in office or by the heirs of the said Decedent or their lawfully attorneys or by the dully appointed and authorized Executors of the last will and testament of the said deceased should it hereafter appear that any such will or testament was by the said deceased made then this obligation to be void or else remain in full force and effect. In witness whereof we have hereunto set our hand and seals this day and year above written. Thos. VanHook N. M. Bryan Signed and acknowledged before me. John Taylor Parish Judge State of Louisiana Court of Probate Parish of Union This is to certify that Needham M. Bryan, attorney at law has been duly and singular appointed Counsel to the absent heirs of Van Swearengen, Deceased. Now therefore he is hereby authorized and fully empowered to discharge all and singular the duties appertaining to said appointment according to law. In testimony whereof, I have hereunto signed my name and affixed my seal of office on this 24th day of October AD 1843. John Taylor Judge of Probates To the Honorable John Taylor, Judge of the Court of Probates in and for the Parish of Union, State of Louisiana. The petition of Thomas VanHook, resident of your said Parish and State, Curator of the Estate of Van Swearengen, deceased of your said Parish and State respectfully represents unto your Honor that [unreadable] personal property of a perishable nature [unreadable] to said Estate viz. one wagon, bridle and saddle and other personal estate which liable to be damaged and lost and that the said Estate will sustain considerable loss in the expenses accruing in keeping and taking care of the said property. Wherefore your Petitioner prays your Honor to cause an order of sale to be made and that all the personal property of a perishable nature belonging to said Estate be advertised and sold according to law and for general relief in the premises as in duty bound &c. Thos. VanHook, Curator Of the Estate of Van Swearengen State of Louisiana Court of Probates Parish of Union Let the prayer of the petitioner be granted and it is ordered, adjudged and decreed that all the personal property of Van Swearengen, deceased be sold for cash after the usual advertisements. Done and signed in chambers this 24th day of November AD 1843. John Taylor Judge of Probates Be it remembered that on this 9th day of December AD 1843 that I, John Taylor, Parish Judge and Ex Officio Judge of Probates and Auctioneer in and for the Parish of Union, State of Louisiana and in pursuance of a judgment and decree of the Honorable the Court of Probates of said Parish. I have at the Court House door in the Town of Farmerville proceeded to offer for sale after the usual advertisement at three public places in said parish over ten days all the personal property comprising the Estate and Succession of Van Swearengen, Deceased. Terms of sale, cash. Whereupon after due proclamation the following persons became the purchasers as the last and highest bidders upon said conditions to wit: 1 saddle and bridle to Thomas VanHook $12.50 Whereupon the property remaining not bringing its appraised value was sold on a credit of twelve months to the last and highest bidder with note and approved security. The property sold to wit: 1 horse to Danl. Harris $49.00 John Taylor, Judge ================================================================================== ================================================================================== Union Parish Louisiana Succession Book A, pp. 143 – 144 ================================================================================== ================================================================================== To the Honorable the Judge of the Probate Court in and for the Parish of Union, State of Louisiana. The petition of Wiley J. Q. Baker, attorney appointed by the State Treasurer to sue for, recover and pay over to the State Treasury all sums in the hands of Curators of Vacant Estates which should be paid over by the said Curators, residents of the Parish of Union, La. with due respect shows that Van Swearinger, late of your said Parish and State departed this life therein sometime in the year 1843. That on the 10th day of November 1843 Thomas VanHook, resident of your said Parish and State was appointed Curator of said Estate that on the 25th of October 1843 an Inventory and Appraisement was made of said Estate which amounted to the sum of Fourteen Hundred and fifty one Dollars and sixty three cents and said property went into the hands of Thomas VanHook said Curator that a sale was made of the personal effects of said Estate on the 9th day of December 1843, amounting to sixty one 51/100 dollars all of which said property effects notes, money that went into the hands of said Curator. That there are no heirs or legal representatives in the state or elsewhere to take said Estate that the State of Louisiana is entitled to the same and that this petitioner is authorized to collect the money due and pay it over into the State Treasury, that no statement of debts or final account has been rendered by said VanHook of said Estate. Wherefore he prays your Honor to cause the said Thomas VanHook, Curator be cited to appear in your Honorable Court and answer hereto that he be ordered by your Honor to render an account of said Estate within ten days from the service hereof and that have judgment against said VanHook, Curator for fourteen Hundred and fifty one dollars sixty three cents and that said Curator be ordered to pay over the same to your Petitioner for the benefit of the State of Louisiana and for all such other said further decrees in the premises as may be necessary and for general relief &c. W. J. Q. Baker Atty. for State Let the prayer of the Petitioner be granted and it is further ordered that Thomas VanHook, Curator render an account of his Curatorship of the Estate of Van Swearinger within ten days from the service of this petition and order. Done and signed in chambers this 8th day of November AD 1845. John Taylor Parish Judge Service of the within and above petition and order acknowledged and service of Petition and order waived. Nov. 8, 1845. Thos. VanHook ############################################################# File at: http://files.usgwarchives.net/la/union/court/swearengen-van.txt