1863 Succession of Elizabeth Wilhite, Dec'd., Union Parish Louisiana Submitted for the Union Parish Louisiana USGenWeb Archives by Shawn Martin, 10/2006 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ ================================================================================= 1863 Succession of Elizabeth Wilhite, Dec'd., Union Parish Louisiana Union Parish Louisiana Succession Book F, pp. 546 - 551 ================================================================================== ================================================================================== To the Honorable the Judge of the 11th Judicial District Court in and for the Parish of Union, State of Louisiana. The petition of Caroline E. Wilhite and her Husband Edward D. Wallace who joins his wife in this suit for the purpose of authorizing and assisting her in the prosecution of the same, also of Margarett A. Wilhite and of her husband James M. Acre who also joins his said wife for the purpose of authorizing and assisting her in the prosecution, the same, all residents of your aforesaid Parish and State respectfully represents that sometime about the last of August 1862 their mother Elizabeth Willhite, the wife of their father William Wilhite departed this life in this Parish of Union leaving said William Wilhite her surviving husband, partner in Community and seven children besides your petitioner, named as follows to wit: John A. Wilhite, Mary S. Wilhite, Louisa I. And her husband William R. Roberts, Malissa T. and her husband Thomas J. Morris, Philemon H., Thomas J., Daniel E., William F. and James C. Wilhite the last mentioned five of whom are minors together with Margaret A. Acre and Caroline E. Wallace two of your aforesaid Petitioners and all residents of your aforesaid Parish of Union, the aforesaid deceased also (dying intestate) left and Estate consisting of two Negro women slaves and their children to wit: Vina and her six children Eliza, Ceares, Willis, Sarah, Hester and Henry and Jina with four or five young children, names not mentioned and the price of a Negro boy and a piece of land owned by deceased at the time of her marriage with her aforesaid surviving husband William Wilhite and sold by him, the price of which went into his hands, but the amount of which Petitioners cannot state with exactness. All of the foregoing was the separate paraphernalia property of deceased. Petitioners further aver that deceased was partner in Community of equity and gains existing at the time of her death between herself and the said William Wilhite, her husband and therefore entitled to one half of the Community property, but that the surviving partner has taken no steps to administer the said community nor even to have an Inventory of the same; they are feeling the effects of the Community should remain in the [unreadable] until the debts can be paid and that part of the Estate administered. They further aver that the surviving partner has lately married again and thereby lost his right to the [unreadable] of the Community and your petitioners although willing for him to retain the Community property of their Mother’s Estate for the present and yet anxious to have the paraphernalia portion partitioned and they aver that it cannot be done in kind. Wherefore they pray that all the parties in interest be duly cited to answer hereto and upon a hearing that a partition of the separate portion of the Estate of Elizabeth Wilhite, Decd. be ordered for an appraisement of all the effects of said Estate, for a family meeting to be convoked to consult of the Relatives of the minor heirs, to consult and advise with regard to the interest of the minor heirs as to the sale of the common property; for a sale of a sufficient amount of the separate property of said Estate to pay your petitioners their portion, etal. Experts be appointed to effect said partition and for all further orders and decrees necessary in the premises and for general relief &c. Jno. L. Barrett, Atty. State of Louisiana Parish of Union The premises set forth in the above and foregoing petition being considered, it is ordered that an appraisement of all of the effects of the Estate of Elizabeth Wilhite be made with a [unreadable] to a partition of the same among the heirs, that Wm. C. Smith, Parish Recorder &c make the same and make return to this office according to law. Done and signed in office this the 23rd day of November AD 1863. Jas. L. Guthrie Clerk State of Louisiana Parish of Union In consideration of the prayer of petitioners with their statement of facts admitted by defendants, they joining in the same prayer, it is ordered that there be a partition of the Estate of Elizabeth Wilhite, decd. as to her separate and paraphernal property in as for as to ascertain and pay off the portion coming to the plaintiffs in this case to wit: Caroline E. Wallace and Margarett A. Acre, that the acting Sheriff of the Parish of Union proceed to make a sale at Public Auction of a sufficient amount of said property to pay off the said portions in accordance with the advise of a family meeting and that William C. Smith, Recorder &c do convoke a family meeting consisting of the Relatives of the minor heirs of said Decd. who shall advise as to the property to be sold and make due return of his proceedings to this office and that [blank] and [blank] be and they are hereby appointed experts to effect the aforesaid partition of the aforesaid Estate. Done and signed in office this 23rd November 1863. J. L. Guthrie Clerk, District Court State of Louisiana 11th Judicial District Court Parish of Union Caroline E. Wilhite etal. Vs. William Wilhite, Tutor, etal. The Defendants in the above entitled case for answer deny all the allegations of the Plaintiffs petition except what is herein after specially admitted. Further they admit the death of Elizabeth Wilhite and that the heirs are correctly set forth in the petition; that Decd. died intestate; that William Wilhite father of the Defendants was the surviving spouse and partner in Community the father of all the heirs and Natural Tutor of the five minor children and that he has since married a second wife; that the Negroes site forth in the petition together with the sum of eight hundred and seventy dollars which was received as the price of a Negro man Henry and a tract of land sold to Pinckney Reynolds and correctly stated as the separate and paraphenial property of said Elizabeth Wilhire, Decd. and they further admit that the said property cannot be divided in kind. Wherefore Defendant is pray with plaintiffs for an appraisement of all the effects of the Estate of the aforesaid Decd. They also ask for a sale of the property authority of a sufficient amount of the separate property of said Estate to pay off the portion coming to the plaintiffs and for a partition of the Estate as to the said Plaintiffs that a family meeting be convoked as prayed for for experts to effect the said partition and for all further orders necessary in the premises &c. William Wilhite etal. William Wilhite John A. Wilhite Mary L. Taberville Laura J. Roberts Talith M. Morris Thomas E. Morris State of Louisiana Parish of Union Do you and each of you solemnly swear that you will faithfully and impartially perform all and singular the duties incumbent on you as a family meeting convoked for the purpose of advising as to the sale of a portion of the separate property of the Estate of Elizabeth Wilhite, Deceased to the best of your judgment and understanding. So help you God. P. Feazel John Feazel Michael Feazel A. Honeycutt H. B. J. Goyne Sworn to and subscribed before me on this the 28th day of December AD 1863. W. C. Smith Parish Recorder State of Louisiana Parish of Union Be it remembered that on this the 28th day of December AD 1863, in pursuance of an order of the Honorable 11th Judicial District court in and for the Parish of Union, La., I William C. Smith, Parish Recorder and Ex Officio Notary Public in and for the Parish of Union, State of La. caused to come before me at my office in the Town of Farmerville the following person, males of age and residents of the Parish of Union to wit: John Feazel, Phhillip Feazel, Michael Feazel, Alfred Honeycutt and H. B. J. Goyne, relatives and friends of the minor heirs of Elizabeth Wilhite, Deceased, convoked as a family meeting upon the petition of Caroline E. Wallace etal. Entitled C. E. Wallace etal. Vs. J. A. Wilhite etal. Said members being first duly sworn by me proceeded to take under advisement the matters and things as set forth in said Petition and after mature deliberation, they advise and recommend that the Negro woman Louisa aged 25 years and her four children viz: Lizett, girl aged 4 years; Solomon, boy aged 3 years; Lewis, aged 2 years; and Sarah, girl aged 1 year be sold to pay the portion coming to the Plaintiffs. Thus done and signed in my office in the Town of Farmerville on the 18th day of December AD 1863 in presence of David Arent and Phillip R. Bearden witnesses of lawful age and domicil who have also signed with said Relatives. ATTEST: P. B. Bearden P. Feazel D. Arent John Feazel W. C. Smith, Parish Recorder Michael Feazel A. Honeycutt H. B. J. Goyne To the Honorable the Judge of the 11th Judicial District Court in and for the Parish of Union, State of Louisiana. The petition of William Wilhite, a resident of your aforesaid Parish and State respectfully shows that he is Natural Tutor of his minor children issue of his marriage with Elizabeth Honeycutt, late deceased to wit: Philemon H., Thomas J., Daniel E., William F. and James C. Wilhite, five in number and he prays that he be legally recognized and appointed as such by your Honorable Court, that and Under Tutor also be appointed, and for all orders and decrees necessary in the premises and for general relief &c. Jno. L. Barrett, Atty. State of Louisiana Parish of Union The premises considered, it is ordered adjudged and decreed that William Wilhite be and he is hereby appointed and confirmed Natural Tutor to his minor children to wit: Philemon H., Thomas J., Daniel E., William F. and James C. Wilhite and upon his taking the oath prescribed by law that letters do issue to him. Done and signed in office this the 16th day of November AD 1863. J. L. Guthrie, Clerk Tutorship of the Minors of William Wilhite State of Louisiana Parish of Union I, William Wilhite, do solemnly swear that I will faithfully and impartially discharge all and singular the duties incumbent on me as Natural Tutor to my minor children viz: Philemon H., Thomas J., Daniel E., William F. and James C. Wilhite to the best of my ability and understanding. So help me God. William Wilhite Sworn to and subscribed before me on this the 21st day of December AD 1863. D. Arent Deputy Clerk Tutorship of the minor heirs of William Wilhite State of Louisiana 11th Judicial District Court Parish of Union Whereas William Wilhite has this day been duly and legally appointed and confirmed Natural Tutor to his minor children: Philemon H., Thomas J., Daniel E., William F. and James E. Wilhite and he has taken the oath prescribed by law. Now therefore, the said William Wilhite is hereby duly authorized and empowered to do and perform all acts appertaining to said appointment according to law. Given under my hand and seal of office on this the 21st day of December AD 1863. D. Arent Deputy Clerk A true Record, June 4th 1867. Jas. T. Stokes Deputy Clerk ################################################################