Probate: Succession of David Dewitt Boyd, 25 May 1911, Winn Parish, La. Submitted by Michael Drewett, 6321 Clegg Rd., Pensacola, FL 32526 ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** Source: Probate files of Winn Parish Courthouse, Winnfield, La. ............................................. Probate File of David Dewitt Boyd and Mary DeLoach Boyd ..................... TO THE HONORABLE JUDGE OF THE FIFTH JUDICIAL DISTRICT COURT, HOLDING SESSIONS IN AND FOR THE PARISH OF WINN, LOUISIANA. The petition of W. A. Boyd, a resident of Winn Parish, Louisiana, respectfully shows: That his father, David d. Boyd, departed this life on September 28, 1905, and his mother, Mary Deloach Boyd, departed this life on the _____ day of March, 1895 at their residence in Winn Parish, Louisiana; they died intestate leaving five children issue of their said marriage, to-wit: Lizzie Boyd Williams, wife of Thomas Williams; Mary Lou Burnett, wife of Ira Burnett and your petitioner, all of whom are majors, and the following minors, to-wit: James Dawson Boyd, age 20 and Nettie Boyd, age 18; and that it is necessary that an inventory of the property that they died possessed of be made. Petitioner further represents that it is necessary that some suitable person be appointed as tutor to said minor children, and that they, also, be provided with an under-tutor; that it is necessary that a family meeting be convoked and held, composed of the relatives and friends of the said minors to advise and recommend some suitable person to be their under-tutor. WHEREFORE, petitioner prays that the Court order an inventory of the property belonging to the succession of the said father and mother to be made, and let two appraisers be appointed to value the said property; and that a family meeting be convoked and held in the interest of said minors to advise and recommend the appointment of some suitable persons to be their tutor and under-tutor. Said family meeting to be composed of the following named persons, or any five of them: John Thames, Martin Thames, G. W. Puckett and T. M Thames, cousins, and Jasper Smith, Poley Maloy and A. P. Collins, friends. Petitioner prays for such further orders as nay be necessary in the premises. (signed) Grisham & Oglesby Attorneys for Petitioner. ORDER Let the inventory within prayed for be made by R. W. Oglesby, notary public, according to law, and let D. O. Pray and M. M. Allen be appointed and sworn as appraisers to value the property to be inventoried; let a family meeting be convened and held before R. W. Oglesby, notary public, for the purpose stated in said petition, said family meeting to be composed of relatives and friends named in said petition. This 25th day of May, 1911. (signed) P.K. Able Clerk 5th District Court ............................................... TO THE HONORABLE JUDGE OF THE FIFTH JUDICIAL DISTRICT COURT, HOLDING SESSIONS IN AND FOR THE PARISH OF WINN, LOUISIANA. The petition of W. A. Boyd, a resident of Winn Parish, Louisiana, respectfully shows: That pursuant to an order of this Honorable Court the family meeting was held before R. W. Oglesby, a notary public, in and for the Parish of Winn, on the 25th day of May, 1911, the process verbal of the said family meeting being herewith filed; that as will appear from the said process verbal, family meeting has recommended that your petitioner by appointed and sworn as tutor for the minors, James Dawson and Nettie Boyd, and that Ira I. Burnett be appointed and sworn as under-tutor to said minors. Petitioner further represents that an inventory of the property belonging to petitioner s father and mother was made by R. W. Oglesby, notary public on the 25th day of May, 1911, and petitioner herewith files the process verbal of said inventory. WHEREFORE, petitioner prays that the recommendations of the family meeting be approved and homologated, and that your petitioner be appointed and sworn as tutor, and that Ira I. Burnett be appointed as under-tutor for said minors; that the inventory herein taken be approved and homologated. Petitioner prays for all orders necessary in the premises and for general and equitable relief. Petitioner prays for all orders necessary in the premises and for general and equitable relief. (signed) Grisham & Oglesby Attorneys for petitioner. ORDER Let the deliberations of the family meeting held herein on behalf of the minors, James Dawson and Nettie Boyd before R. W. Oglesby, notary public, on the 25th day of May, 1911, be approved and homologated; and, accordingly, let petitioner, W. A. Boyd, be appointed and sworn as tutor for said minors in accordance with the recommendations of the said family meeting; and let Ira I. Burnett be appointed and sworn as under-tutor for said minors; let the inventory herein taken by R. W. Oglesby, notary public, on the 25th day of May, 1911, be approved and homologated. This the 25th day of May, 1911. (signed) P. K. Abel Clerk 5th District Court ............................................................. TO THE HONORABLE JUDGE OF THE FIFTH JUDICIAL DISTRICT COURT, HOLDING SESSIONS IN AND FOR THE PARISH OF WINN, LOUISIANA. The petition of W. A. Boyd, a resident of Winn Parish, Louisiana, respectfully shows: That his father, David d. Boyd, departed this life on September 28, 1905, and his mother, Mary Deloach Boyd, departed this life on the _____ day of March, 1895 at their residence in Winn Parish, Louisiana; they died intestate leaving five children issue of their said marriage, to-wit: Lizzie Boyd Williams, wife of Thomas Williams; Mary Lou Burnett, wife of Ira Burnett and your petitioner, all of whom are majors, and the following minors, to-wit: James Dawson Boyd, age 20 and Nettie Boyd, age 18; and that it is necessary that an inventory of the property that they died possessed of be made. Petitioner further represents that it is necessary that some suitable person be appointed as tutor to said minor children, and that they, also, be provided with an under-tutor; that it is necessary that a family meeting be convoked and held, composed of the relatives and friends of the said minors to advise and recommend some suitable person to be their under-tutor. WHEREFORE, petitioner prays that the Court order an inventory of the property belonging to the succession of the said father and mother to be made, and let two appraisers be appointed to value the said property; and that a family meeting be convoked and held in the interest of said minors to advise and recommend the appointment of some suitable persons to be their tutor and under-tutor. Said family meeting to be composed of the following named persons, or any five of them: John Thames, Martin Thames, G. W. Puckett and T. M Thames, cousins, and Jasper Smith, Poley Maloy and A. P. Collins, friends. Petitioner prays for such further orders as nay be necessary in the premises. (signed) Grisham & Oglesby Attorneys for Petitioner. ORDER Let the inventory within prayed for be made by R. W. Oglesby, notary public, according to law, and let D. O. Pray and M. M. Allen be appointed and sworn as appraisers to value the property to be inventoried; let a family meeting be convened and held before R. W. Oglesby, notary public, for the purpose stated in said petition, said family meeting to be composed of relatives and friends named in said petition. This 25th day of May, 1911. (signed) P.K. Able Clerk 5th District Court ............................................... TO THE HONORABLE JUDGE OF THE FIFTH JUDICIAL DISTRICT COURT, HOLDING SESSIONS IN AND FOR THE PARISH OF WINN, LOUISIANA. The petition of W. A. Boyd, a resident of Winn Parish, Louisiana, respectfully shows: That pursuant to an order of this Honorable Court the family meeting was held before R. W. Oglesby, a notary public, in and for the Parish of Winn, on the 25th day of May, 1911, the process verbal of the said family meeting being herewith filed; that as will appear from the said process verbal, family meeting has recommended that your petitioner by appointed and sworn as tutor for the minors, James Dawson and Nettie Boyd, and that Ira I. Burnett be appointed and sworn as under-tutor to said minors. Petitioner further represents that an inventory of the property belonging to petitioner s father and mother was made by R. W. Oglesby, notary public on the 25th day of May, 1911, and petitioner herewith files the process verbal of said inventory. WHEREFORE, petitioner prays that the recommendations of the family meeting be approved and homologated, and that your petitioner be appointed and sworn as tutor, and that Ira I. Burnett be appointed as under-tutor for said minors; that the inventory herein taken be approved and homologated. Petitioner prays for all orders necessary in the premises and for general and equitable relief. Petitioner prays for all orders necessary in the premises and for general and equitable relief. (signed) Grisham & Oglesby Attorneys for petitioner. ORDER Let the deliberations of the family meeting held herein on behalf of the minors, James Dawson and Nettie Boyd before R. W. Oglesby, notary public, on the 25th day of May, 1911, be approved and homologated; and, accordingly, let petitioner, W. A. Boyd, be appointed and sworn as tutor for said minors in accordance with the recommendations of the said family meeting; and let Ira I. Burnett be appointed and sworn as under-tutor for said minors; let the inventory herein taken by R. W. Oglesby, notary public, on the 25th day of May, 1911, be approved and homologated. This the 25th day of May, 1911. (signed) P. K. Abel Clerk 5th District Court (Hand written script of meetings) State of Louisiana Parish of Winn In 5th District Court Tutorship minor heirs of David D. & Mary DeLoach deceased We the undersigned members of a family meeting held in the above matter, do solemnly swear that we will act faithfully and impartially and to the best of our understanding, so help us God. (signed) J. N. Thames, Martin Thames, G. W. Puckitt, J. D. Smith, A. P. Collins. Sworn to and subscribed on this the 25th day of May A.D. 1911. (signed) R. W. Oglesby, Notary Public. By virtue of the commission hereto annexed, I R.W. Oglesby, a notary public in and for the Parish of Winn, State of Louisiana, convened a family meeting of the friends and relatives of the minor heirs of David D. & Mary Deloach Boyd deceased viz: James Dawson and Nettie Boyd, to deliberate upon the interests of said minors, said meeting composed of John Thames, Martin Thames, G.W. Puckett, Jasper Smith and A.P. Collins, and in the presence of attesting witnesses, all of said Parish. Having administered the oath, I explained to the members the object of the meeting, when after due consultation and deliberation the said family meeting advises and recommends as follows: That W. A. Boyd be and he is recommended as a suitable person for tutor for said minor heirs and Ira I. Burnett is under tutor. It is further recommended that the said W. A. Boyd be relieved from giving bond as required for dative tutors. There being no further advice or suggestions I close this process verbal. Done and passed on this the 25th Day of May 1911. Attest (signed) D. O. Pray, A.T. Earley J.N. Thames Martin Thames G.W.Puckitt J.D. Smith A.P. Collins R.W. Oglesby, Notary Public NW 1/4 NE 1/4 and NE 1/4 of NW 1/4 sec 10 and E 1/2 of SW 1/4 sec 3 Tp 11 NR1W....$480 SE 1/4 of NR 1/4 and SW 1/4 of NE 1/4 sec 10 Tp11 NR1W at $3.00 per acre.......$240 The first 160 acres belong to the community existing between David D. & Mary DeLoach Boyd, his first wife and the last 80 acres belong to the community of David D. & Mary A. Boyd, his last wife. RECAPULATION. Real Estate...............$720.00 There being no further property pointed out as belonging to the said succession I hereby close this inventory, amounting to Seven Hundred & twenty Dollars, Done and Signed at___in the Parish of Winn, State of Louisiana, in the presence of the attesting witnesses on this 25th day of May A. D., 1911. Witnesses: (signed) A.R. Earley A.P. Collins D.O. Pray M.M. Allen R.W. Oglesby, Notary Public ............ Before me, R. W. Oglesby Notary Public Parish of Winn personally came and appeared W.A. Boyd who solemnly swears that he will well and faithfully perform all and singular the duties of dative tutor to the minors James Dawson and Nettie Boyd. So Help him God. (signed) W. A. Boyd Sworn to and subscribed before me, this 25th day of May 1911 (signed) R.W. Oglesby, Notary Public Having administered the oath, I explained to the members the object of the meeting, when after due consultation and deliberation the said family meeting advises and recommends as follows: That the tutor W. A. Boyd be and he is authorized to sell at a private sale for the purpose of effecting a partition the interest of said minors in and to W 1/2 of NE 1/4, E 1/2 of NW 1/4 sec 10, E 1/2 of SW 1/4 sec 3 Tp 11 NR1W for the price and sum of $75.00 for the interest of each minor, the same being based on the sum of $720 for the whole of said property. The Under Tutor of said minors being present, signs and approves these proceeds. There being no further advise or suggestions I here close this process-verbal. Done and passed in said Parish on this the 25 day of May 1911. ATTEST. (signed) D.O. Pray A.R. Earley J.N. Thames, Martin Thames, G.W. Puckett, J. D. Smith, A.P. Collins, Iria (sic) I Burnett Under Tutor R.W. Oglesby Notary Public ................................................. TO THE HONORABLE JUDGE OF THE FIFTH JUDICIAL DISTRICT COURT, HOLDING SESSIONS IN AND FOR THE PARISH OF WINN, LOUISIANA. The petition of Mrs. Mary A. Boyd, a resident of Winn Parish, Louisiana, respectfully shoes (sic): That her husband, David d. Boyd, departed this life on September 28, 1905 at their residence in Winn Parish, Louisiana; that he died intestate, leaving eight children, three of whom issue of her marriage with said decedent, to-wit, Jesse Franklin, age 12; Thomas Jefferson, age 9 and Harvey, age 7; that he left by a former marriage the following children, to-wit; Lizzie Boyd Williams, wife of Thomas Williams; Mary Lou Burnett, wife of Ira I. Burnett; W. A. Boyd, majors, and James Dawson Boyd, age 20 and Nettie Boyd, age 18. the above being the sole heirs at law; and that it is necessary that an inventory of the property that he died possessed of be made. WHEREFORE, petitioner prays that the Court order an inventory of the property belonging to the succession of the said decedent, and to the community which existed between him and your petitioner; that two appraisers be appointed to value said property, and that petitioner be permitted to qualify as natural tutrix to her said minor children, and that at the same time they be provided with an under-tutor. Petitioner prays for such further orders as may be necessary and proper in the premises. Grisham & Oglesby (signed) Attorneys for Petitioner. ORDER. Let the inventory within prayed for be made by R. W. Oglesby, notary public, according to law, and let D. O. Pray and M. M. Allen be appointed and sworn as appraisers to value the property to inventoried. On this the 25th day of May, 1911. P.K. Abel Clerk 5th District Court .......................................................... TO THE HONORABLE JUDGE OF THE FIFTH JUDICIAL DISTRICT COURT, HOLDING SESSIONS IN AND FOR THE PARISH OF WINN, LOUISIANA. The petition of Mary A. Boyd, a resident of Winn Parish, Louisiana, with respect shows: That pursuant to the order of this Honorable Court an inventory of the property belonging to the community which existed between the petitioner and her deceased husband, David D. Boyd, has been made by R. W. Oglesby, notary public, on the 25th day of May, 1911; that the community property has been appraised at the sum of Two Hundred and Forty Dollars ($240.00) and the other property belonging to said decedent, not community, has been appraised at the sum of Four Hundred Eighty Dollars ($480.00), as is fully shown by the process verbal of said inventory herein filed. WHEREFORE, petitioner prays that the said inventory be approved and homologated, and that upon the registry of the proper certificate in the mortgage office of the Parish of Winn, she be permitted to qualify as natural-tutrix to her minor children, Jesse Franklin, Thomas Jefferson and Harvey Boyd; and that an under-tutor be appointed to said minors. Grisham & Oglesby (signed) Attorneys for Petitioner. ORDER. Let the inventory herein taken by R. W. Oglesby, notary public, on the 25th day of May, 1911, be approved and homologated, and considering the foregoing certificate of the minors property has been duly recorded, it is ordered that Mrs. Mary A. Boyd be confirmed as natural-tutrix for her minor children above named, and that letters of tutorship be issued to her on taking the oath prescribed by law; and that Ira I. Burnett be appointed and sworn as under-tutor of the said minors. Thus done and signed on this the 25 day of May, 1911. P. K. Abel (signed) Clerk 5th District Court. ..................................................................... TO THE HONORABLE JUDGE OF THE FIFTH JUDICIAL DISTRICT COURT, HOLDING SESSIONS IN AND FOR THE PARISH OF WINN, LOUISIANA. The petition of Mrs. Mary A. Boyd, duly authorized natural-tutrix for the minors Jesse Franklin, Thomas Jefferson and Harvey Boyd, respectfully shows: That the said minors and the major heirs of said decedent own in common and in proportion a one-eighth part for each of the minors and 160 acres, and a one-sixteenth part of 80 acres, and that each of the majors owns a like proportion, and your petitioner a one-half interest in and to 80 acres of the following described property, to-wit: W1/2 of NE1/4 and E1/2 of NW1/4 Section 10 and E1/2 of SW1/4 Section 3 Tp. 11 N. R. 1. West. Your petitioner further represents that the said major heirs are unwilling to remain any longer as owners in indivision with their co-proprietors, the said minors, and desire to effect a partition; that said property is not divisible in kind, and that a sale thereof is necessary to effect a partition. Now your petitioner further represents that Tremont Lumber Company has offered to purchase the undivided portion belonging to each of the said minors for the price and sum of Seventy-five Dollars ($75.00). Said offer being based upon the valuation of Seven Hundred Twenty Dollars ($720.00) for the whole property, that the acceptance of said offer would be greatly advantageous to said minors. Petitioner further represents that the said offer cannot be accepted, nor can any private sale be made for the purpose of effecting a partition with the advise and consent of a family meeting. WHEREFORE, petitioner prays a family meeting in behalf of the above named minors be convened to deliberate upon the subject matter of this petition, and to advise whether it is to the interest and advantage of the said minors that said property be sold at a private sale for the purpose of effecting a partition; and to appraise said property and to fix the terms and conditions of sale; and to determine whether or not the offer made by the said Tremont Lumber Company should be accepted. Said family meeting to be composed of the following named persons or any five of them: John Thames, Martin Thames, G. W. Puckett and T. M. Thames, cousins, and Jasper Smith, Poley Maloy and A. P. Collins, friends, all relatives and friends with in the circle prescribed by law; and that Ira I. Burnett, under-tutor to said minors be notified to attend said family meeting, and for general and equitable relief. Grisham & Oglesby (signed) Attorneys for Petitioner ORDER. That family meeting prayed for in the within petition be convened and held before R. W. Oglesby, notary public, for the purpose stated in said petition. Said family meeting to be composed of relatives and friends named in said petition, or any five of them, and let Ira I. Burnett, under-tutor to said minors, be notified to attend said family meeting. Thus done and signed on this the 25th day of May 1911. P. K. Abel (signed) Clerk 5th District Court. ........................... TO THE HONORABLE JUDGE OF THE FIFTH JUDICIAL DISTRICT COURT, HOLDING SESSIONS IN AND FOR THE PARISH OF WINN, LOUISIANA. The petition of Mrs. Mary A. Boyd, a duly qualified tutrix to the minors, Jesse Franklin, Thomas Jefferson and Harvey Boyd, respectfully represents: That she herewith files a process verbal of the deliberations of the family meeting held on behalf of said minors before R. W. Oglesby, notary public, on the 25th day of May, 1911; and that as will appear from the process verbal, the family meeting has recommended that for the purpose of effecting a partition between the said minors and their co-proprietors that the property described in the said process verbal be sold at a private sale; and that the offer of Tremont Lumber Company to pay the sum of Seventy-five Dollars ($75.00), cash, for the undivided interest of each minor be accepted; and that the said deliberations and recommendations have be approved by the under-tutor. WHEREFORE, petitioner prays that the said deliberations be approved and homologated, and that she be authorized to effect the said sale. Grisham & Oglesby (signed) Attorneys for Petitioner ORDER. Let the deliberations of the family meeting held on behalf of the minors, Jesse Franklin, Thomas Jefferson and Harvey Boyd, before R. W. Oglesby, notary public, on the 25th day of May, 1911, be approved and homologated, and, accordingly, let petitioner, Mary A. Boyd, the duly qualified tutor to said minors be and she is hereby authorized to sell the part belonging to each of the minors in and to the said property described in the said process verbal to Tremont Lumber Company for the price and sum of Seventy-five Dollars ($75.00). Thus done and signed on this the 25th day of May, 1911. P.K. Abel Clerk of Fifth District Court. ........................................................... ABSTRACT OF INVENTORY SUCCESSION of DAVID D. BOYD. In the Fifth District Court, Winn Parish, Louisiana. This is to certify that on the 25th day of May, 1911, an application was made before this Court by Mrs. Mary A. Boyd, praying to be confirmed as natural-tutrix of her following named minor children, to-wit: Jesse Franklin, Thomas Jefferson and Harvey Boyd; and that according to an inventory taken by R. W. Oglesby, notary public, on the 25th day of May, 1911, of the property belonging to said minors, or in which they have an interest, is appraised at Seven Hundred Twenty Dollars ($720.00). This the 25th day of May, 1911. P.K. Abel (signed) Clerk of Fifth District Court (Handwritten) Filed for record and recorded May 25th 1911, at page 180 in Book "G" Conventional Mortgages, Records of the Parish of Winn, La - P.K. Abel, Clerk & Rec ......................................................................... (NOTE: David D. Boyd was the son of Jesse and Elizabeth Boyd of Winn Parish. His first wife, Mary DeLoach, was the daughter of E.H. DeLoach, Winn Parish pioneer, and his wife Mary. David D. Boyd and Mary DeLoach Boyd were the parents of my grandmother, Mary Lou Boyd Burnett. )