1866 Tutorship of Jasper Ann P. Tubb, Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 3/2006 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= ================================================================================= 1866 Tutorship of Jasper Ann P. Tubb, Union Parish Louisiana Union Parish Louisiana Succession Book F, pp. 312 - 319 ================================================================================= ================================================================================= NOTE: According to the 1870 census, Jasper Ann P. Tubb was born about 1863. I think it likely that her father died in the Confederate Army, but at this time I do not know his identity. ================================================================================= ================================================================================= To the Honorable the Judge of the 11th Judicial District Court in and for the Parish of Union, State of Louisiana. The petition of James K. Hammonds, a resident of your said Parish and State respectfully represents unto your Honorable court that he has been appointed and confirmed as Tutor of the Minor Jasper A. P. Tubb. That the entire estate of said minor consists in a small tract of land and a few articles of personal property situated in the parish aforesaid. Petitioner is of the opinion that it will be to the interest of the said minor to have all of the said property sold and applied to the raising, educating &c of the said minor. Wherefore he prays that a family meeting composed of the following named relatives and friends of said minor to wit: Malcomb McFarland, C. H. Railey, Isaac Hinton, Wiley Futril and S. B. Risinger be convoked before W. C. Smith, Parish Recorder and Ex Officio Notary Public for the purpose of deliberating and deciding upon this property of selling the said property. Petitioner further prays for all orders and decrees necessary in the premises and for general relief &c. Tompkins and Lewis Attys. For Pet. State of Louisiana 11th Judicial District Court Parish of Union Let the prays of the within petition be granted and it is ordered and decreed that a family meeting consisting of Malcolm McFarland, C. H. Railey, Isaac Hinton, Wiley Futril & S. B. Risinger, friends and relatives of the within mentioned minor Joseph A. P. Tubb residing in said Parish be convoked before William C. Smith, Recorder and Ex Officio Notary Public in and for said Parish on Tuesday the 9th day of October AD 1866, to consult on the matter set forth in the petition and thus make due return of the same to this office. Done and signed in office this 9th day of October AD 1866. J. W. Reid Clerk, District Court State of Louisiana Parish of Union We and each of us do solemnly swear that we will faithfully and impartially advise and give our opinion touching the interest of the minor Jasper A. P. Tubb as set forth in the petition of James K. Hammonds to the best of our judgment. So help us God. M. McFarland C. H. Railey Isaac Hinton Wiley Futril S. B. Risinger Sworn to and subscribed before me on this the 8th day of October AD 1866. W. C. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this the 9th 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 said parish and State and to me William C. Smith, Recorder and Ex Officio Notary Public in and for said Parish of Union, I caused to come before me at my office in the town of Farmerville at 2 o’clock PM Isaac Hinton, Wiley Futril, Charley H. Railey, Saml. B. Risinger and Malcolm McFarland, male citizens of the Parish of Union and of lawful age they being relatives and friends of the minor Jasper A. P. Tubb said members being first duly sworn by me proceeded to advise and deliberate on the subject matter as set forth in the petition of James K. Hammonds and after mature deliberation, they advise and recommend that the property belonging to the minor Jasper A. P. Tubb as this day mentioned be sold on the following terms: the personal property to be sold, all sums of the arrears and under cash and all sums on land occurs on a credit of twelve months. Purchasers giving three notes with approved security with eight percent interest from date of sale and that the land be sold on a credit of one, two and tree years. Purchasers giving their notes with approved security with eight percent interest on the first note from date of the second note twelve months after date and the 3rd note two years after date and reserving a special mortgage and renders privilege on the land sold. And they further recommend that the said land shall notbe sold for a less sum than two and 50/100 dollars per acre in species and that the tutor be authorized to make said sale accordingly, further recommend that the process of the sale of said property be used in raising and educating the same minor. In testimony whereof, I have caused said members to sign this process verbal in presence of David Arent and James K. Hammons, witnesses of lawful age and domicile who sign with said appraisers and me Recorder, the day and date above written. ATTEST: M. McFarland D. Arrent C. H. Railey James (his K mark) Hammons Wiley Futril W. C. Smith, Recorder Isaac Henton S. B. Risinger To the Honorable the Judge of the 11th Judicial District Court in and for the Parish of Union, State of Louisiana. The petition of James K. Hammons, a resident of the Parish and State aforesaid respectfully represents that on or about the 4th day of September AD 1866 the daughter of your petitioner Mrs. Adline Railey departed this life in the said parish and state leaving some property both real and personal in her own right, also one minor child the issue of her marriage with one Jasper Tubb, who is also dead. Petitioner represents that the said minor child is the forced heir of the said deceased, and that no Tutor has been appointed to represent him, that he being the grand father of said minor is entitled to the Tutorship. Wherefore he prays that he be appointed and confirmed as Tutor of the said minor and that William C. Smith, Parish Recorder and Ex Officio Notary Public be authorized to make an Inventory and Appraisement of all the property belonging to the said minor according to law, that an administrator be appointed and for all orders and decrees necessary in the premises and for general relief &c. Tompkins & Lewis Atty. For Petitioner State of Louisiana 11th Judicial District Court Parish of Union The premises considered, it is hereby ordered and decreed that the prayer of the within petition be granted and that James K. Hammons be appointed and confirmed as Tutor of the minor Jasper A. P. Tubb, that Charles H. Railey be appointed Under Tutor to said minor and that upon their taking the required oath and complying with the law in all its parts that letters do issue to them. It is further ordered that Wm. C. Smith, Parish Recorder &c be and he is hereby authorized to make an inventory and appraisement of all the property belonging to said minor, Jasper A. P. Tubb, and due return thereof make to this office. Done and signed in office this 9th day of October AD 1866. J. W. Reid Clerk, District Court State of Louisiana Parish of Union We and each of us do solemnly swear that I will faithfully and impartially appraise all the property that may be presented to us belonging to the said minor Jasper A. P. Tubb at its cash value in [?] to the best of my Judgment. So help me God. Isaac Hinton Wiley Futril Sworn to and subscribed before me this the 9th day of October AD 1866. W. C. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this the 9th 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 said Parish and State and to me William C. Smithy, Recorder and Ex Officio Notary Public in and for said Parish and State authorizing me to make an Inventory and Appraisement of the property, rights and credits belonging to the minor Jasper A. P. Tubb of the Parish of Union, La. and being assisted by Isaac Hinton and Wiley Futril, male citizens of the Parish of Union, La. and of lawful age who being duly sworn and directed by me as appraisers and in the presence of lawful and competent witnesses proceeded to make an Inventory and Appraisement as herein after set forth: 120 acres of land as follows to wit: SW ¼ of SE ¼ West and the SE ¼ of SE ¼ of Sec. 29 and the NE ¼ of the NE ¼ of Sec. 32 Township 19 Range one West situated in the Parish of Union together with the improvements thereon $300.00 1 Bay horse apprd. @ 125.00 1 Cow & calf apprd. @ 10.00 2 Steers apprd. @ 13.00 1 side table apprd. @ 8.00 1 ax and 6 chains 5.50 1 small pot, 2 small hams 1.50 1 lot tin jugs 1.50 1 Feather bed, 2 pillows, 1 bolster 15.00 4 bed quilts apprd. @ 6.00 1 counterpane, 1 clock 4.00 2 smoothing irons 1.50 1 spinning wheel 2.00 1 looking glass 1.00 1 small table 1.00 1 old ax & 1 pair steelyards __1.00 $497.00 Thus done and signed in my office in the Town of Farmerville, La. in presence of C. H. Railey & S. B. Wringer witnesses of lawful age and domicile who signs with said appraisers and me Recorder this the 9th day of October AD 1866 ATTEST: C. H. Railey Isaac Hinton S. B. Risinger Wiley Futril Wm. C. Smith, Recorder State of Louisiana 11th Judicial District Court Parish of Union Know all men by these presents that we James K. Hammonds and Isaac C. Hinton as his security are held and firmly bound unto J. D. Watkins, Judge of the Eleventh Judicial District Court for the true or to his successions in office in the just and full sum of Six Hundred and twenty four dollars to the true and faithful payment whereof will and truly to be made we bind ourselves, our heirs, assigns and legal representatives firmly and in solido by these presents. Dated at Farmerville, La. this 9th day of October AD 1866. The condition of the above obligation is such that whereas the said James K. Hammonds has been duly and legally appointed and confirmed by the Clerk of the District Court as Tutor of the succession of Jasper A.P. Tubb and he has taken the oath required by law. Now therefore if the said James R. Hammonds shall faithfully and impartially discharge all the duties incumbent on him as Tutor of the said minor and shall faithfully look after the interest of said minor in all things thereto appertaining there and in that case this obligation to be null and void. Otherwise to be and remain in full force and virtue against the principal and his said securities. J. K. Hammonds C. H. Raily Isaac Hinton Done, signed and acknowledged in my office this the day and date above written. Thomas C. Lewis, Clerk To the Honorable the Judge of the 11th Judicial District Court in and for the Parish of Union, Louisiana The petition of James K. Hammonds, a resident of the Parish of Union, State of Louisiana and Tutor of the minor Jasper A. P. Tubb respectfully shows that he has filed in the Clerk’s office of said Courts a process verbal of the proceedings of a family meeting convoked before W. C. Smith, Parish Recorder and Ex Officio Notary Public of said Parish to consider and advise as to the matters and things set forth in the petition on file and in [?] order issued by your Honorable Court and on file in the Clerk’s office. Wherefore your petitioner prays that the proceedings of said family meeting be approved and homologated and for general relief &c. Tompkins & Lewis State of Louisiana 11th Judicial District Court Parish of Union The petition of James K. Hammonds, Tutor of the minor Jasper A. P. Tubb having been duly considered, it is ordered, adjudged and decreed that the proceedings and advise of the Family meeting convoked under an order from this court bearing date of October 9th 1866 concerning the disposition to be made of the property belonging to the said minor be approved and homologated. Done and signed in office this 20th day of October AD 1866. J. W. Reid Clerk, District Court State of Louisiana 11th Judicial District Court Parish of Union I, James K. Hammons do solemnly swear that I will faithfully and impartially discharge all the debts incumbent upon me as Tutor of the following named minor heir of the Estate of Jasper Tubb, Deceased to wit: Jasper A. P. Tubb according to the best of my abilities and understanding. So help me God. James K. (his X mark) Hammonds Sworn to and subscribed before me this the 9th day of October AD 1866. T. C. Lewis Deputy Clerk Tutorship of the Minor Jasper A. P. Tubb State of Louisiana 11th Judicial District Court Parish of Union Whereas James K. Hammonds has been duly and legally appointed and confirmed as Tutor of the following named minor heir of the Estate of Jasper Tubb, Decd. to wit: Jasper A. P. Tubb and he has given bond with good security and has taken the oath prescribed by law. Now therefore, the said James K. Hammons is hereby duly and legally authorized and empowered to do an perform all the acts appertaining to the said appointment according to law. Given under my hand and seal of office this ninth day of October AD 1866. T. C. Lewis Dep. Clerk, District Court State of Louisiana 11th Judicial District Court Parish of Union I, Charles H. Railey do solemnly swear that I will faithfully and impartially discharge all the duties incumbent upon me as Under Tutor of the following minor heir of the Estate of Jasper Tubb, Deceased, to wit: Jasper A. P. Tubb according to the best of my ability and understanding. So help me God. C. H. Raily Sworn to and subscribed before me this 8th day of October AD 1866. T. C. Lewis, Dep. Clerk Tutorship of the Minor Jasper A. P. Tubb State of Louisiana 11th Judicial District Court Parish of Union Whereas, Charles H. Raily has been duly and legally appointed and confirmed as Under tutor of the following named minor heir of the Estate of Jasper Tubb, Deceased to wit: James P. A. P. Tubb and he has taken the oath prescribed by law. Now therefore the said Charles H. Raily is hereby duly and legally authorized and empowered to do and perform all the acts appertaining to said appraisement according to law. Given under my hand and seal of said court this 9th day of October AD 1866. T. C. Lewis Deputy Clerk District Court To the Honorable the Judge of the 11th Judicial District Court in and for the Parish of Union, State of Louisiana The petition of Jas. K Hammonds a resident of the Parish and State above written with respect represents that he has been duly and legally appointed and confirmed as Tutor of the minor Jasper A. P. Tubb, that the property belonging to the said minor [unreadable] a perishable nature that a family meeting convoked before Wm. C. Smith, Parish Recorder & Ex Officio Notary Public have advised and recommended that it will be to the interest of the said minor that all of the property both real and personal be sold on the following terms, the personal property on a credit of twelve months for all sums over ten dollars, all [unreadable] ten dollars, all sums of ten dollars and under for cash. That the land be sold on a credit of one, two and three years, purchaser giving their notes with approved security and that a special mortgage and vendors privileges be retained on the land for the payment of the same. Wherefore petition prays for all orders from your honorable court directing the sale of all the property belonging to the said minor in accordance with the advice of said family meeting and there issue petitioner be authorized to conduct the sale and for all orders and decrees necessary in the premises and for general relief &c. Tompkins & Lewis, Attys. State of Louisiana 11th Judicial District Court Parish of Union The premises considered, it is ordered and decreed that the prayers of the within petitioner be granted and that all the property both real and personal belonging to the succession of Jasper A. P. Tubb be sold as advised and recommended by the family meeting filed in this office and in accordance with Articles 990, 991, 992 of the code of practice. It is further ordered that James K. Hammonds the tutor of said minor be authorized to render the said sale and due return thereof make according to law. Done and signed in office this 9th day of October AD 1866. J. W. Reid Clerk, District Court A true record, May 1st 1867. J. L. Guthrie Deputy Clerk #######################################################