1871 Succession & Tutorship of Minor Heirs of Martha C. Wall, Dec'd., Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 4/2007 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================== ================================================================================== 1871 Succession & Tutorship of Minor Heirs of Martha C. Wells, Dec'd., Union Parish Louisiana Union Parish Louisiana Succession Book G, pp. 197 - 207 ================================================================================== ================================================================================== NOTE: The record here gives Martha's name as "Wells" but her children as "Walls". However, other records prove the surname was actually "Wall". In 1870, Martha C. Wall lived with her son, Henry, near Downsville. She was born about 1815 in South Carolina. Henry was born about 1841 in Alabama. He served throughout the war in Company G, 31st Louisiana Infantry Regiment. ================================================================================== ================================================================================== To the Honorable the Judge of the Parish Court of Union Parish, State of Louisiana. The petition of Henry N. Wall, a resident of your aforesaid Parish and State respectfully represents that Mrs. Martha C. Walls departed this life about September 2nd 1871 intestate leaving a small Estate consisting of 40 acres of land together with personal property, rights, credits and debts. That she also left six children, her heirs. Your petitioner together with Francis E. Walls the wife of William Carter, Laura Wall the wife of Marion Carter, Shadrack Wall, Rubin Wall and Rebecca Wall the two latter of which are minors. Petitioner represents that an administration is necessary and he is the oldest beneficiary heir and entitled to said administration and further that this his application be advertised according to law and after the legal delays, that he be appointed Administrator of the Estate of Mrs. Martha C. Walls, decd. and for an appointment of said Estate and further that he be appointed Tutor to his minor brother and sister to wit: Rubin Wall and Rebecca Wall for all further orders and decrees necessary in the premises either for the administration or tutorship. Jno. L. Barrett Atty. for Petr. Premises considered, it is ordered, adjudged and decreed that Henry N. Wall be and is hereby appointed tutor of the minors Rebecca Wall and Rubin Wall upon his taking oath, giving bond, complying with the requirements of law and that Joseph Reedy be and is hereby appointed Under Tutor upon his making oath as required by law. It is further ordered that Wm. C. Smith, Recorder and Ex Officio Notary Public be and is hereby authorized to make the Inventory as required by law. And it is further ordered that the application of Henry N. Wall appointed as Admr. of the Estate of Mrs. Martha C. Walls be duly and legally advertised as required by law. Done and signed in chambers this 3rd day of October 1871. T. B. Tompkins Parish Judge State of Louisiana Parish of union Premises considered and by reason of the proper and legal advertisement having been made and no opposition having been filed thereto, it is ordered that Henry W. Wall be appointed Admr. of the Estate of Mrs. Martha C. Wells, Decd. and further that the Henry N. Wall be appointed tutor to the minors Rubin and Rebecca Wall, heirs of the said Estate and upon his giving the required bond and taking the oath required by law that letters of Admr. and tutorship issue according to law. Done and signed in office, this 17th day of October AD 1871. T. B. Tompkins Parish Judge State of Louisiana Parish of Union I, Robt. H. Henry and I, Henry Simmons do solemnly swear that I will faithfully and impartially appraise all the property that may be presented to me belonging to the Estate of Mrs. Martha C. Wells, Decd. at the cash value to the best of my judgment. So help me god. H. Simmons R. H. Henry Sworn to and subscribed before me this Oct. 3rd 1870. W. C. Smith, Recorder State of Louisiana Parish of Union Be it remembered that on this the third day of October AD one thousand eight hundred and seventy at my office in the Town of Farmerville, la. by virtue of an order of the Judge of the Parish Court in and for said Parish authorizing me William C. smith, Recorder and Ex Officio Notary Public in and for said parish to make an inventory and appraisement of the property real and personal belonging to the Estate of Martha C. Wells, Decd. and being assisted by Robt. H. Henry and Henry Simmons who being appointed and sworn by me as appraisers did proceed to make said inventory as hereinafter mentioned to wit: A tract of land known as the North half of Lot No. five or the North East Quarter of the south West quarter of Section 19 Township Twenty North of Range two East containing 39 56/100 acres with the improvements thereon apprd. @ $40.00 1 Mare mule apprd. @ 100.00 18 head of cattle apprd. @ 108.00 12 head of hogs apprd. @ 22.00 Household and kitchen furniture apprd. @ 80.00 1 Wagon apprd. @ 12.00 1 pair Cart wheels apprd. @ 2.00 1 Man saddle (old) apprd. @ 4.00 1 Clock apprd. @ 1.00 1 Reel apprd. @ 3.00 7 Chairs apprd. @ 3.50 1 lot Pails and churn apprd. @ 1.00 1 lot Salt & plunder in meet house 5.00 2 Spinning wheels apprd. @ 6.00 1 lot Potware apprd. @ 5.00 23 lbs. Tallor apprd. @ 2.30 1 Loom, sleg and harness apprd. @ 6.00 2 Bee gums apprd. @ 2.00 Cash in U. S. Currency apprd. @ __12.25 $415.05 Total amount of Inventory four hundred and fifteen and 05/100 dollars. Thus done and signed in my office on this the 3rd day of October AD 1870 in presence of the under signed lawful witnesses called for the purpose who signed with said appraisers and me Recorder day and date above written. ATTEST: James G. Robbs H. Simmons J. R. Henry R. H. Henry W. C. Smith, Recorder State of Louisiana Parish Court Parish of Union $520.00 Know all men by these presents that we Henry N. Wall as principal and Henry Simmons as Security are held and firmly bound unto the Honorable T. B. Tompkins, Judge of the Parish Court in and for Union Parish, La. for the time being or to his successors in office in the just and full sum of Five and Twenty Dollars to the true and full payment thereof, we bind ourselves, our heirs, executors, administrators and legal representatives firmly and in solido by these presents. Dated at Farmerville, La. this 17th day of October 1870. The condition of this obligation is such that whereas the said Henry N. Wall has been duly and legally appointed and confirmed as Administrator of the Estate of Martha C. Wells, Decd. and he has taken the oath required by law. Now therefore, if the said Henry N. Wall shall faithfully and impartially discharge all the duties incumbent on him as Administrator of the Estate and shall render to the Judge of said court a true and correct account of all his acts and doings in and about said Estate and shall when legally required so to do pay all sums of money and deliver all the property belonging to said Estate to proper person or persons to receive the same. Then this obligation to be null and void. Otherwise, to be and remain in full force according to law. H. N. Wall H. Simmons Done, signed, acknowledged before me this the day and date above written. J. W. Reid Clerk, District Court Succession of Martha C. Wells, Decd. State of Louisiana Parish Court Parish of Union I, Henry W. Wall, do solemnly swear that I will faithfully and impartially discharge all the duties incumbent on me as Administrator of the Estate of Martha C. Wells, Deceased all or doing to the best of my ability and understanding. So help me God. H. N. Wall Sworn to and subscribed before me this the 17th day of October AD 1870. J. W. Reid Clerk, District court State of Louisiana Parish Court Parish of Union Whereas Henry N. Wall has been duly and legally appointed Administrator of the Estate of Martha C. Wells, Decd. and he has given bond with good security and has taken the oath required by law. Now therefore the said Henry N. Wall is hereby duly and legally authorized and empowered to do and perform all the acts appertaining to the said appointment according to law. Given under my hand and seal of office this the 17th day of October AD 1870. J. W. Reid Clerk, District court State of Louisiana Parish Court Parish of Union I, Henry N. Wall, do solemnly swear that I will faithfully and impartially discharge all the duties incumbent upon me as Tutor of the following named minor heirs of the Estate of Martha C. Wells, Decd. to wit: Rubin and Rebecca Wall according to the best of my ability and understanding. So help me God. H. N. Wall Sworn to and subscribed before me this 17th day of October 1870. J. W. Reid Clerk, District Court Tutorship of the minors Rubin and Rebecca Wall State of Louisiana Parish court Parish of Union Whereas, Henry N. Wall has been duly and legally appointed and confirmed as Tutor of the following named minor heirs of the Estate of Martha C. Wells, Decd. to wit: Rubin and Rebecca Wall and has taken the oath prescribed by law. Now therefore, the said Henry N. Wall is duly and legally authorized and empowered to do and perform all the acts appertaining to the said appointment according to law. Given under my hand and seal of office this 17th day of October AD 1870. J. W. Reid Clerk, District court To the Honorable the Judge of the Parish Court of Union Parish, La. The petition of Henry N. Wall, Administrator of the Estate of Mrs. Martha C. Wells, Decd., respectfully shows that said Estate is so much involved in debt that a sale of all the property of said Estate is necessary to pay the debts of the same and the personal property is rapidly deteriorating in value. Whereas he prays for an order of your Honorable Court authorizing him as Administrator to make the sale of the whole of the property of said Estate according to law and for general relief &c. Jno. L. Barrett Atty. for Petr. State of Louisiana Parish Court Parish of Union The premises considered, it is hereby ordered and decreed that Henry N. Wall, Administrator, be and he is hereby authorized to sell at public auction all of the property of the Estate of Martha C. Wells, Decd. to pay the debt of said Estate according to law. Done and signed in chambers on this October 17th AD 1870. T. B. Tompkins Parish Judge H. N. Wall, Administrator of the Estate M. C. Wells, Decd., in account current with said Estate The Administrator charges himself with the amount of the proceed value of said Estate this day filed amounting to the sum of seven hundred and thirty three 45/100 Dollars. This being the total of all assets of said Estate ($733.45) The Administrator has paid the following debts of the Estate which were just and due and he has paid them without waiting an order of the court and claim a credit therefore to wit: Acct. of William C. Smith, Recorder &c, See value No. 1 $5.00 Acct. of J. W. Reid, Clerk, See value No. 2 19.50 Acct. of Union Record, See value No. 3 9.50 Acct. of L. Barrett, Atty., See value No. 4 30.00 Admr. comm.. on $733.45 @ 2 ½% __18.33 $77.33 Ordinary Debts Acct. of W. S. Rendall, See value No. 5 __13.50 Amount paid 90.83 Acct. of Jas. McCury & J. G. Kenny, See value No. 6 35.00 Acct. of J. C. Richardson, MD, See value No. 7 30.00 Acct. of W. B. Ethridge, See value No. 8 22.78 Acct. of Flouncy & Millsaps, See value No. 9 47.22 Acct. of S. W. Clemmons, See value No. 10 24.00 Acct. of H. Simmons, See value No. 11 25.00 Acct. of Union Record, See value No. 12 ___7.50 Whole amount of credits $282.34 Recapitulation Sum total of Debts $733.45 Sum total of Credits __282.34 Bal. due by Admr. to heirs $457.11 To the Honorable the Judge of the Parish Court of Union Parish, State of Louisiana. The petition of Henry N. Wall, Admr. of the Estate of Martha C. Wells, Decd. respectfully show that he has administered said and herewith files full and correct account of his said administration. Said account shows a balance in the hand of the Admr. of Four hundred and fifty one 11/100 dollars which he is ready to pay over to the heirs and upon the payment of said money to the heirs of said Estate that his bond ought to be cancelled. Wherefore he prays that this his final account be advertised according to law and after the legal delays that the same be approved and homologated and his bond canceled. He further that the heirs as set forth in the petition for appointment of Admr. of said be recognized as the sole heirs of the Estate to wit: Francis E. Wall, wife of W. Carter, Laura Wall, wife of Marion Carter, Shadrack Wall, Rubin Wall, Rebecca Wall and your petitioner and he prays for general relief &c. Jno. L. Barrett, Atty. Parish Court of Union parish, Louisiana Premises considered, it is ordered that the within final account be advertised according to law. Done and signed in office this 6th day of February AD 1871. T. B. Tompkins Parish Judge State of Louisiana Parish of Union Pursuant to an order of the Honorable the Parish Court authorizing me as Administrator to sell all of the property both real and personal of the Estate of Martha C. Wells, Decd. to pay the debt of said Estate after having advertised the same according to law by advertising in the Union Record, a newspaper published in the Parish of Union for more than thirty days and having on the premises of the decd. in said Parish on the 17th of November 1870 read aloud to the present the said advertisement and made known fully to all present the terms of sale. I proceeded to offer at public auction to the last and highest bidder the following described property to wit as follows and after crying the same a sufficient length of time the following persons being the last and highest bidders became the purchasers of the property hereinafter set down to their names respectfully: Henry Simmons became the purchaser of the North # ¼ of the SW ¼ of Section 19, township 20 north of Range two East 40 acres more or less being and lying in the Parish of Union, State of Louisiana for the sum of $40.00 A lot of household and Kitchen furniture 13.00 Nelson Emerson bot. 1 mule @ 140.00 [blank] Lundy bot. 2 reels @ 21.75 S. J. Wall bot. Yoke steer @ 70.00 John Carter bot. 1 wagon @ 16.60 Samuel Boiles bot. 1 heifer 16.00 Caroline Boiles bot. Sundries @ 11.60 J. M. Harvy bot. 3 cattle & seeds @ 23.75 D. L. Hieles bot. 2 heifers & clock @ 19.65 E. H. Waid bot. 1 cow & calf @ 14.00 J. M. Tarry bot. 2 heifers @ 20.50 W. Moody bot. 1 bull @ 6.00 H. N. Wall became the purchaser of the household And kitchen furniture remnants of cattle & hogs 304.25 Marion Carter bot. loom & cash. 8.50 Cash bot. sundries @ 4.60 William Carter bot. sundries @ ____8.45 Total amount of sale $1733.45 Now therefore the purchasers having complied with the terms of the sale by paying the cash for their purchasers by virtue of my authority as Administrator and the aforesaid order of court. I hereby bargain, grant and sell adjudicate and deliver unto each of the aforesaid purchasers and unto their heirs and assigns respectfully the property herein before described by each of them with full legal warranty to have and hold the same forever. In testimony thereof I hereunto sign my name officially on this the 23rd day of November AD 1870. J. M. Defee H. N. Wall Jno. L. Barrett Administrator Estate of Mrs. M. C. Wells, Decd. Parish Court of Union Parish State of Louisiana In the matter of the final account of Admr. by reason of the law and evidence in the matter authorizing it and the accounts having been legally advertised and there having been no opposition filed, it is ordered, adjudged and that this final account of Henry N. Wall, Admr. be approved and homologated and that he bond of Admr. be cancelled. Done, read and signed in open court this October 16th 1871. T. B. Tompkins Parish Judge A true record, November 17th 1871. J. W. Heard Deputy Clerk, District Court ######################################################