Probate: Martin Burnett, 1923, Winn Parish, LA Submitted by Michael Drewett, 6321 Clegg Rd., Pensacola, FL ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** Source: Winn Parish, La. Courthouse, Probate Files .......................................... .......................................... Probate File of Martin Burnett To the Honorable R. Oglesby, Judge of the Fifth District Court, holding sessions in and for the Parish of Winn, State of Louisiana: The Petition T. N. Burnett, Mrs. N. J. Thames, nee Burnett, I. I. Burnett and Mrs. S. A. Thompson, nee Burnett, children and Mrs. S. A. Burnett, widow, all residents of Winn Parish, Louisiana, respectfully show: 1. That Martin Burnett, died September ___, 1921, in Winn Parish, Louisiana, intestate, leaving as his sole and only heirs, who together with the widow in community, inherit the following undivided interest in the property described before, to-wit: Mrs. S. A. Burnett, surviving spouse, one-half interest, T. N. Burnett, one-eighth undivided interest, Mrs. N. J. Thames, one-eighth undivided interest, I. I. Burnett, one-eighth, undivided interest, Mrs. S. A. Thompson, one-eighth undivided interest in the following described property, to-wit: Northwest quarter (NW 1/4) Section 34, Tp. 13, N. R. 2 West, Louisiana Meridian, situated in Winn Parish, Louisiana, containing 160 acres more or less. 2. Petitioners further show that said property was acquired during the community of acquets and gains which existed between Martin Burnett and his wife, Mrs. S. A. Burnett, who now survives him. 3. Your petitioners further show that being the widow in community and the sole and only heirs of the said Martin Burnett, deceased, that they are entitled to be recognized as such and placed in possession of the above described property in paragraph 1. 4. Your petitioners show that this property is worth less than Ten Thousand ($10,000) Dollars, and that it has borne its just proportion of taxation, and therefore free from any inheritance tax, and that a rule should issue on the Sheriff and Ex-Officio Tax Collactor of Winn Parish, to show cause if any he has, why the said property should not be declared to have born its just proportion of taxation and free from inheritance tax. Wherefore, petitioners pray that a rule issue on the Sheriff & Ex-Officio Tax Collactor of Winn Parish, to show cause if any he has, why the property described in paragraph 1 of this petition, should not be decreed to have borne its just proportion of taxation, and upon trial of said rule, that the same be made absolute, and that Mrs. S. A. Burnett be decreed the surviving spouse in community of the said Martin Burnett, deceased, and as such be decreed a one-half undivided interest in the aforesaid property, and as such be placed in possession there of; that the heirs, T. N. Burnett, Mrs. N. J. Thames, I. I. Burnett, Mrs. S. A. Thompson be decreed to be the sole and only heirs of Martin Burnett, deceased, and as such that they each be decreed to own a one-eighth undivided interest in the above described property, and as such be placed in possession there of, and that all of said property be decreed to have born its just proportion of taxation. Prays for all orders necessary and proper, and for general and equitable relief. (signed) Pearce & (?) Attorneys for Petitioners. State of Louisiana, Parish of Winn. Before me, the undersigned authority, personally came and appeared J. C. Pearce, who being by me first duly sworn, deposes and says that he is one of the Attorneys for petitioners named in the above and foregoing petition; that he has read the same and the facts and allegations there in contained are true and correct to the best of his knowledge, information and belief. (signed) J. C. Pearce Sworn to and subscribed before me on this the 30th day of May, 1923. (Unreadable signature) Notary Public (and stamped across signature) Deputy Clerk & Ex-Officio Notary Public, Winn Parish, La. ORDER Let the rule issue herein on W. T. Heflin, Sheriff & Ex-Officio Tax Collector of Winn Parish, Louisiana, commanding him to show cause if any he has, on the 7th day of June, 1923, at 9 o clock A. M., why the property mentioned in the forgoing petition should not be decreed to have borne its just proportion of taxation, and be free from any inheritance tax. This done and signed at Winnfield, Louisiana, on this the 30 day of May, 1923. (signed) R. W. Oblesby Judge Heirs of Martin Burnett, Deceased., No.___, For Recognition & Possession. / Fifth District Court, Parish of Winn, State of Louisiana. Now into Court comes W. T. Heflin, Sheriff & Ex-Officio Tax Collector of Winn Parish, Louisiana, for answer to the rule sued out in the above cause with respect shows the Court: He admits that the property described in the above and foregoing petition has borne its just proportion in taxation, and is now free from any inheritance tax. Wherefore, he prays that this Court render judgment as the law and the evidence warrants. He further prays the full and general relief. (signed) W. T. Heflin In Proper Person Heirs of Martin Burnett, Dec d., vs No.___ For Recognition & Possession / Fifth District Court, Parish of Winn, State of Louisiana. This cause coming on for trial this date on the application of Mrs. S. A. Burnett, to be recognized as the surviving spouse of Martin Burnett, deceased, and T. N. Burnett, Mrs. N. J. Thames, I. I. Burnett and Mrs. S. A. Thompson, to recognized as the sole and only heirs of the said Martin Burnett, deceased, and as such that they be sent in possession of all the property left by the said decedent, and on rule of W. T. Heflin, Sheriff & Ex-Officio Tax Collector of Winn Parish, Louisiana, why the said property should not be decreed to have borne its just proportion in taxation, and be now free from any inheritance tax, and trial being had, and the law and the evidence being in favor thereof: It is ordered, adjudged and decreed that Mrs. S. A. Burnett be and she is hereby recognized as the surviving spouse of Martin Burnett, deceased, and as such entitled to a one-half undivided interest in and to the hereinafter described property, and that T. N. Burnett, Mrs. N. J. Thames, I. I. Burnett and Mrs. S. A. Thompson, be recognized as the sole and only heirs of the said Martin Burnett, deceased, and as such entitled to a one-eighth undivided interest in to the hereinafter described property, the property described as follows, to-wit: NW1/4 of Section 34, Tp. 13, N. R. 2 West, La. Mer., situated in Winn Parish, Louisiana. It is further ordered, adjudged and decreed that the rule herein sued out on W. T. Heflin, Sheriff & Ex-Officio Tax Collector of Winn Parish, be and the same is here by made absolute, and accordingly the said property herein above described is hereby decreed to have borne its just proportion in taxation, and is now free from any inheritance tax, and that the said wife and heirs be and they are hereby places in possession thereof. Thus rendered, read and signed in chambers on this the 9 day of June, 1923. (signed) R. W. Oglesby Judge (NOTE: Petitioners were Sarah Adline Davis Burnett, wife of Martin Burnett; Thomas Newport Burnett, son of deceased; Nancy Jane Burnett Thames, daug. of deceased; Ira Isaac Burnett, son of deceased; and Sarah Adline Burnett Thompson, daug. of deceased.)