Succession: John DEMPSEY, Carroll Parish, Louisiana Submitter: Anis Martin Kashani AUG 2001 ************************************************ Submitted to the LAGenWeb Archives http:/www.rootsweb.com/~usgenweb/la/lafiles.htm ************************************************ Copyright. All rights reserved. http://www.rootsweb.com/~usgenweb/copyright.htm ************************************************ Succession of John DEMPSEY, July 25, 1836, Carroll Parish, Louisiana Submitted by Anis Martin Kashani Source: East Carroll Parish Clerk of Court; Succession Book A, pp. 254- 256; pp 334-339; p 496; probate packet located in Drawer 17 Date extracted: July 27, 2001 PETITION: To the honorable Felix Bosworth, Parish Judge and Judge of the Court of Probates in and for the Parish of Carroll in the State of Louisiana- The petition of James Dempsey an inhabitant of the said Parish of Carroll, residing on the Bayou Macon, in the said state of Louisiana Representeth to your honor - that one John Dempsey, the father of your petitioner, then resident on the said Bayou Macon and state aforesaid, Died, on or about the thirtieth day of March, in the year one thousand eight hundred and thirty five, ab intestate - then having, and leaving at the time of his decease, a considerable amount of property, of which he had been seized and possessed as the rightfullness and lawful owner-consisting in chiefly, to wit- The land and improvements on which he had lived, and on which he died, -- being as this petitioner believes, the right to two pre-emption claims of land, agreeably to the act of congress of the United States of America, allowing pre-emption rights, to settlers of the lands of the said United States, previous to the 12th (twelfth) day of April in the year One thousand eight hundred and twelve (1812) and one pre-emption right, to land of the United States, agreeably to the act of Congress of the said United States allowing pre-emption rights to settlers in the year eighteen hundred and twenty nine--passed and approved in the year one thousand eight hundred and thirty- Also Six negro slaves - to wit, a negro woman, and her four children under ten years of age - and a negro woman - about twenty years of age - also a considerable stock of horses, horned cattle - hogs - farming utensils - and house-hold and kitchen furniture - your petitioner further represents that the said decedent, has left nine heirs, including your petitioner, being eight children and one grand-child - the one of which children, being interdicted in law - owing to idiotcy - and the grand-child, being a minor - underage, and unemancipated and under the natural guardian-ship of her Father: to wit, namely - William Dempsey - (the one under interdiction) Sally Dempsey, widow of William Cathey, deceased - Joseph Dempsey John Dempsey, ______ Madison Dempsey, Solomon Jackson Dempsey, and Harrison Dempsey and Pamela Liles, daughter of Williamson Liles-being the daughter of Mary Dempsey deceased, who was the wife of said Williamson Liles - and your Petitioner- Your petitioner would further represent that John Dempsey, Madison Dempsey, Solomon Jackson Dempsey, and Harrison Dempsey - have had the use of the plantation, negroes, and all the property of the deceased from the time of his death up to the present period, to their benefit, to the exclusion of the other heirs - and continue to possess and enjoy the same -Now your petitioner prays that your honor may cause an Inventory to be made of the said Estate - and that his Co-heirs, as above mentioned, may be cited to appear before your honor, to shew cause, if any they can, why your petitioner, should not have his share of said Estate, allotted to him, by partition or otherwise or why the same should not be sold, in order that your petitioner may obtain his share of the same agreeably to law and that your honor will grant such other and further relief as the nature and circumstances of the case require, and so that your petitioner may obtain his just and equitable rights, with the least possible Delay - and your petitioner prays that John Dempsey, Madison Dempsey, Solomon Jackson Dempsey and Harrison Dempsey be cited to appear before your honor to answer why the use of the Estate as above mentioned, since the decease of the said John Dempsey, ab intestate, should not be inventoried with the mass of the Estate, or appraised and deducted from their proportion of the same - or to account in such manner for the same as your petitioner may obtain his legal proportion thereof-the said use of And to the full end and purpose, that the Estate of the said decedent, may be settled and divided as your honor may deem equitable and just, and agreeably to law in such cases made and provided ---- And your petitioner as in duty bound will ever pray- {signed} James Dempsey Parish of Carroll, Louisiana } this 25th day of Feby a.d. 1836} (thirty-six) Court of Probates The State of Louisiana} Parish of Carroll} Let the Prayer of the Petitioner be granted let an Inventory as previously above be made preparation to a division of the effects among all the heirs as prayed for - and let said Inventory be taken before Eli Harris Notary of the Law Parish - let the heirs be cited - let John Dempsey, Madison Dempsey, Solomon Jackson Dempsey, and Harrison Dempsey be separately cited as prayed for --- {signed} Felix Bosworth, Parish Judge feb 26 1836 ____________________ INVENTORY: A List of the property of John Dempsey deceased in the Parish of Carroll, Louisiana Taken by C. Bean & A. Sappington on the 11th April 1836 1 negro woman, Sally, aged 35 years and her youngest . . . . . $850.00 child, Ann, aged 2 years 1 negro woman, Jane, aged 17 years . . . . . . . . . . . . . . 800.00 1 Do girl, Potia, aged 8 Do . . .. . . . . . . . . . . . . . . 450.00 1 Do Do, Clarinda, aged 8 Do . . . . . . . . . . . . . . . . . 450.00 1 Do Do, Lavinia, aged 4 years . . . . . . . . . . . . . . . . 250.00 1 Improvement on which the Gin is Situated . . . . . . . . . . 2750.00 1 Do (Tipper place) . . . . . . . . . . . . . . . . . . . . . 350.00 10 Head of Mares & Colts & 1 Stable Horse . . . . . . . . . . 470.00 60 Do " Stock Cattle @ $5 per head . . . . . . . . . . . . . 300.00 15 Do " Steers at "15" Do . . . . . . . . . . . . . . . . . . 225.00 12 Do " Hogs " "2" Do . . . . . . . . . . . . . . . . . . . . 24.00 3 Bedsteads . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 1 Bed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 1 Yankey Clock . . . . . . . . . . . . . . . . . . . . . . . . 30.00 1 Ox . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 30.00 _______ 7009.00 We Certify the above to be a correct estimate of the above named property of John Dempsey dec'd to the best of our knowledge and belief--- {signed} Alexis Sappington ____________________ SALE OF PROPERTY AT PUBLIC AUCTION: The State of Louisiana} Parish of Carroll} Be it remembered, that I, Felix Bosworth, Parish Judge in and for the parish of Carroll, have on this twenty-fifth day of February, in the year of our lord one thousand eighty hundred and thirty-seven, at the late residence of John Dempsey, deceased, on bayou Macon in said parish of Carroll, offered for sale at public auction the following property vis: An improvement, on United States land, situated on Bayou Macon in said parish of Carroll – one bedstead – 1 bed – 1 clock – 15 steers & stock of Cattle – 7 head of horses – 1 ox – lot of hogs – 1 horse – and being the same as ordered to be sold by the Court of Probates in and for said parish, on the twenty-first day of January eighteen hundred and thirty-seven, as the property belonging to the succession of the late John Demspey, deceased === Now I, the said Parish Judge after regular public notice according to law, that is, by sticking up notices of Sale for the term of thirty days at the Courthouse in Providence, and three other public places in said parish of Carroll, from the twenty-first day of January eighteen hundred and thirty-seven – and after having offered for sale in a loud and distinct voice, have made sale of the same to the persons hereinafter named, on the terms presented by said order with the advice of a family meeting, to wit, on a credit of over two, and three years, with Bonds and approved security == as follows – viz: Mrs. Cathey purchased one Improvement on bayou Macon . . . . . . . . . . $350.00 1 Bed-stead . . . . . . . . . . . . . . . . . . . 8.00 ______ $ 358.00 Joseph Dempsey purchased 1 clock . . . . . . . . . . . . . . . . . . . . . .$ 16.00 1 Bed . . . . . . . . . . . . . . . . . . . . . . . 18.50 ______ $ 34.50 S.A. Turner purchased The stock of cattle . . . . . . . . . . . . . . . .$826.00 15 steers . . . . . . . . . . . . . . . . . . . . . 421.00 ______ $1247.00 S.J. Dempsey purchased 7 head of horses . . . . . . . . . . . . . . . . . 410.00 1 ox . . . . . . . . . . . . . . . . . . . . . . . 45.00 lot of hogs . . . . . . . . . . . . . . . . . . . 10.00 ______ $ 465.00 A. Sappington purchased one horse . . . . . . . . 110.00 ________ $2214.50 amounting to the sum of two thousand two hundred and fourteen dollars & fifty cents --- they being the highest and last bidders for the property above named. Thus done and signed in said parish on the day and year first above written in the presence of Horace Prentice and James N. L. Richardson, witnesses residing in said parish, who were present at said sale and have signed this proces verbal with me the said Parish Judge -------- {signed} Felix Bosworth, Parish Judge {signed} H. Prentice {signed} JNL Richardson ____________________ SALE OF PROPERTY AT PUBLIC AUCTION: The State of Louisiana} Parish of Carroll} Be it remembered, that I, Felix Bosworth, Parish Judge in and for the parish of Carroll, have on this twenty-fifth day ____ of February ________ in the year of our lord one thousand eight hundred and thirty-seven_____ at the late residence of John Dempsey, deceased, on Bayou Macon _____________________________ in the said parish of Carroll, offered for sale at public auction the following property, viz: one Negro woman names Sally aged about thirty-five years, one negro woman Jane about seventeen years and her child, an infant, Poria a girl about eight years, Clarinda, a girl about eight years, & Lavinia a girl about four years old == Ann a girl about two years old___________________ and the Improvements on United States land, whereon the deceased last resided – on which is erected a cotton gin ________________________________ and being the same as ordered to be sold by the Court of Probates in and for said parish, on the twenty-first day of January __________ A.D. Eighteen hundred and thirty-seven _______ as the property belonging to the succession of the late John Dempsey, deceased. _________________________________________________ Now I, the said Parish Judge, after regular public notice according to law, that is, by sticking up notices of sale for the term of thirty days at the Courthouse in Providence and three other public places in said parish of Carroll, from the twenty-first ___ day of January __________ A.D. Eighteen hundred and thirty-seven – and after having offered said property for sale in a loud and distinct voice have made sale of the same unto Philip Guier, of said parish ______ for the sum of six hundred and ninety-six dollars __________________he being the highest and last bidder for the said seven slaves and the Improvements and Cotton Gin ____ upon the terms prescribed by said order with the advise of a family meeting ---- viz: one third of the price of the slaves paid down, and the balance secured by notes payable in twelve months = the whole amount of the bid for the slaves being three thousand nine hundred and thirteen dollars & fifty cents ==== the Improvement was sold on a credit of one two and three years, for the sum of twenty hundred (2282.50) and eighty-two dollars & fifty cents == making in the aggregate the aforesaid amount of six thousand and ninety six dollars. Thus done and signed in said parish, one the day and year first written, in presence of Horace Prentice and Philip Guier _____ witnesses hereto, who have signed this proces verbal with me the said Parish Judge {signed} Felix Bosworth Parish Judge Attest {signed} H. Prentice {signed} Philip Guire >>>>>NOTE FROM TRANSCRIBER: This document had many long lines within the body of the text that looked like blanks, but were probably just this person’s style of writing. I have included these lines in my transcription. The pages were legible and there appear to be no missing words or portions of the text transcribed.>>>> _______________________ FINAL SETTLEMENT: Succession of John Dempsey January 12, 1839 Filed 12th January 1839 Let it be known and remembered that before Eli Harris, Notary Public, duly commissioned and sworn, residing at Providence, on this twelfth day of January in the year of our lord one thousand eight hundred and thirty-nine, personally came and appeared Williamson Liles and inhabitant of said parish of Carroll, administrator of the succession of the late John Dempsey, deceased – one of the legal representatives of the succession ----- and also came and appeared James Dempsey, Joseph Dempsey, Larkin H. Dempsey, and Sarah Dempsey, wife of Wm Cathey, now the wife of Joseph Rawlings --- all heirs and legal representatives of the succession of the said late John Dempsey, deceased ----- And these appearers declared that they have this day made a partition of the succession of the said John Dempsey, deceased, among themselves ---- and they have each taken his share and portion of said succession and thereof forever release and acquit each other, and forever release and acquit the said Williamson Liles, administrator as aforesaid --- the portion of each being thirteen hundred and fifty-four dollars after paying the expenses of administration --- and release and discharge the said Williamson Liles from any further liability or administration of said succession.And the said James, Joseph, Larkin and said Sarah by and with the advise and authorization of her said husband Joseph Rawlings, hereby covenant and agree to and with the said Williamson Liles, that they will pay all and every debt that may in future come against the succession of the said John Dempsey, deceased, and will pay and discharge all the debts that may in future come against the succession >>>>>END OF PAGE, APPEARS SOME TEXT MISSING<<<<<< >>>>>John B. Dempsey, Thompson Madison Dempsey, Solomon Jackson Dempsey and William Dempsey, deceased ---- also sons and heirs of the said John Dempsey, deceased – and that the said Williamson Liles is hereby forever released and discharged therefore, as and of the representatives in right of his wife Mary Dempsey, deceased, daughter of said John Dempsey, deceased.----- Thus done before me in my office the day and year first above written, in presence of Benjamin F. Bosworth and Lewis C Mitcham witnesses residing in said parish of Carroll, who have signed this act with the parties and me the said Notary. ------ {signed} W. Liles {signed} James Dempsey {signed} Joseph Dempsey {signed} Larkin H Dempsey “The said Mrs. Rawlings not knowing how to write makes her ordinary mark here” Sarah [her mark] Rawlings {signed} B.H. Bosworth {signed} Lewis C. Mitcham {signed} Eli Harris Notary Public State of Louisiana} Parish of Carroll} Court of Probates, January 12th 1839 By reason of the law and the evidence being in favor of the petitioner Williamson Liles, and by further reason of the annexed settlement of the succession of John Dempsey, dec’d among all the heirs thereof, It is ordered adjudged and decreed that the foregoing account and agreement be homologated, and the said Williamson Liles discharged from further administration of said succession.— {signed} Felix Bosworth Parish Judge