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Claiborne Parish, LA Mabry Wafer Succession

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Transcript of the Succession of the Estate of Mabry Wafer

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Notes

  • Washington B. Nicholson, uncle of Tatum M. Wafer, petitioned to divide the deceased's land. He also appointed guardians to his minor children.
  • Original document accessed at Ancestry.com, Louisiana, Wills and Probate Records, 1756-1984, Claiborne Parish, Probate Records, Book A, 1851-1855.
  • Transcribed by Dominikus on 21 July 2019

To the Hon. Judge of the 17th Judicial District Court holding session[illegible] in and for the parish of Claiborne, La, The petition of Tamy T. Wafer [illegible] of said parish and state a resident with respect represents unto your Honor that Mabary Wafer late of the parish of Claiborne dec'd has left a large property consisting of real and personal property situated in the parish of Bossier[illegible] and Claiborne, that there is no administrator of said Succission[sic].

Maberry Wafer dec'd that your petition is the oldest male him of the said Maberry Wafer and entitled by law to the administration of said Succession, Wherefore he prays that an Inventory binding of all the property and effects belonging to the said Succession that Commissions issue to the proper affairs[illegible] in the parishes of Bossier and Claiborne to take a true and correct inventory of the same, that all necessary orders be granted in the premises that this proceed may have due notice according to law. (Signed) [illegible] atty for petitioner.

State of Louisiana Parish of Claiborne. It is ordered that the prayer of the within petition be granted, that due notice of the filing of the within and foregoing petition be given according to law. It is further ordered that an Inventory and appraisement[sic] of all the property belonging to the Succession of Mabry Wafer deceased, be made according to law by the recorder or any Notary public in and for said parish and state. Done and signed this 19th day of January A. D. 1853. (Signed) W. C. Copes Clk. Dist Court.

State of Louisiana, Parish of Claiborne, It is ordered that an Inventory and appraisement[sic] of all the property belonging to the Succession of Mabry Wafer dec'd situated in the parish of Bossier in said State be made according to law by the Recorder or any Notary Public in and for said parish. Done and signed this 19th day of Jany A. D. 1853 (Signed) W. C. Copes Clk Dist Court

State of Louisiana Parish of Claiborne, Due notice of the filing of the within and foregoing petition having been givin according to law and no opposition having been made to the same, it is therefore ordered that the prayer of the same be granted. That James T. Wafer Junior be appointed administrator of the Succession of Mabry Wafer deceased provided he gives Bond with good Security and takes the oath of as prescribed by law. Done and Signed this 24th day of March A. D. 1853. (Signed) W. C. Copes Clk Dist Court.

The State of Louisiana Parish of Claiborne. Know all men by these presents that we J. T. Wafer Jr as principal, and J.W. Simmons, J. W. Dobbs, Jas T. Wafer Jr, and Tatum M. Wafer as Security are held and firmly bound unto Wm C. Copes, Clerk of the District Court in aforesaid parish and State, or to his successor or successors in office, for the care and benefit of the legal heirs and representatives of Mabry Wafer deceased, in the sum of forty seven thousand dollars, for the payment whereof we bind ourselves, our heirs, executors, and administrators firmly by these presents. Dated at Homer the 23rd day of August A. D. 1853 [illegible] the above [illegible] in James T. Wafer Jun. has been appointed by the District and of the parish of Claiborne administrator of the Succession of Mabry Wafer deceased. Therefore the condition of the above obligation is such that if the said James T. Wafer Jr. shall well and faithfully discharge and perform all the duties of said appointment according to law, then the above obligation to be null and void therein to remain in full force and distress[illegible]. (Signed) J. T. Wafer, J. W. Simmons, J. W. Dobbs, Jas T. Wafer Sr. Tatum M. Wafer.

State of Louisiana, Parish of Claiborne. I the undersigned do solemnly swear that I will faithfully and impartially discharge and perform all the duties incumbent on me by law as administrator of the Succession of Mabry Wafer deceased, according to the best of my Knowledge and abilities, So help me God. (Signed) J. T. Wafer Junior and subscribed before me, this 13th day of August A. D. 1853 (Signed). W. C. Copes Clk. Dist Court

The state of Louisiana Parish of Claiborne, District Court, Whereas James T. Wafer has been appointed administrator of the Estate and Succession of Mabry Wafer of said parish and state deceased, and given Bond and Security and taken oath as prescribed by law. Now therefore the said James T. Wafer is hereby fully authorized and empowered to do and perform all and singular the duties incumbent on him in said Capacity. In testimony whereof, I have hereunto set my hand and affixed[illegible] the seal of my office this 23d day of August A. D. 1853 (Signed) W. C. Copes Clerk

To the Hon. Judge of the 17th Judicial District Court holding sessions in and for the parish of Claiborne [illegible] the Clerk of said Court, The petition of James T. Wafer Junior a resident of said parish and state with [illegible] represents unto your Honor that he is the tutor of Sarah T. Wafer and Thomas J. Wafer minor children of Mabry Wafer deceased and that it is to the interest of said minors to have sold their interest in a certain tract of land in Red River in the parish of Bossier Known and described in the public Survey as the fourth ward quarter of section no one in township Fourteen of Range Eleven containing one hundred and forty one acres and forty hundreths, and Lots Nos one and two in fractional[illegible] Section no one in township fourteen of Range Eleven containing Eighty four acres and forty hundreths which Interest is two Sixths and therefore he prays that a family meeting be convoked composed of the following persons. Tatum M. Wafer and Thomas B. Wafer the nearest relations to said minors qualified by law to serve in the parish of Claiborne or within thirty miles of the town of Homer when the family meeting is to be held and also Joseph T. Boring Saunders P. Day, Washington B. Nicholson residents of said parish and state and friends of said minors there being no other relations qualified to serve to deliberate on serving[illegible] the propriety of selling their interest in the land aforesaid for Cash and that a Commission be issued to some proper offices[illegible] in your said parish to hold said family meeting and finall[illegible] necessary orders in the premises and for general relief. (Signed) Egan and Jones atty for petition.

State of Louisiana Parish of Claiborne. It is ordered that the prayer of the within petition be granted. That a family meeting be convoked composed of Tatum M. Wafer, Thomas B. Wafer, Joseph T. Boring, Saunders P. Day, and Washington B. Nicholson to deliberate concerning the interests of Sarah A. J. Wafer and Thomas J. Wafer minor children of Mabry Wafer, deceased, and more particularly as to the propriety of selling their interest in the following described land the property of the Succession of their deceased father (Mabry Wafer) for Cash, to wit: the fourth west quarter of Section number one in township fourteen of Range Eleven containing one hundred and forty one acres and forty hundreths, and lots Nos. one and two of fractional section No one in township fourteen of Range Eleven containing Eighty four acres and forty hundreths which interest is two sixths, that a Commission issue to John H. Cunningham Recorder in and for said parish and state authorising[sic] and requiring him to hold said family meeting. Done and signed this 2d day of January A. D. 1854. Signed W. C. Copes Clk Dist Cout.

State of Louisiana Parish of Claiborne. District Court. To John H. Cunningham Recorder in and for said parish and state Greeting: You are hereby authorized and required to hold a family meeting composed of Tatum M. Wafer, Thomas B. Wafer, Joseph T. Boring, Saunders P. Day, and Washington B. Nicholson to deliberate concerning the interest of Sarah A. J. Wafer and Thomas J. Wafer minor children of Mabry Wafer deceased and more particularly as to the propriety of selling their interest in the following described land, the property of the Succession of their said deceased father Mabary Wafer for Cash, to wit: the fourth west quarter of Section number one in township fourteen of Range Eleven containing one hundred and forty one acres and forty hundreths, and lots Nos. one and two of fractional section No one in township fourteen of Range Eleven containing Eighty four acres and forty hundreths which interest is two sixths and due return make according to law. Given under my hand officially in the town of Homer this 2d day of January A. D. 1854. (Signed) W. C. Copes Clk. Dist. Court.

State of Louisiana, Parish of Claiborne. We Tatum M. Wafer, Thomas B. Wafer, Washington B. Nicholson, Sanders P. Day, Joseph T. Boring members of a family meeting to advise as to the interest of Sarah A. J. Wafer and Thomas J. Wafer, minor children of Mabry Wafer decd, do solemnly swear that we will deliberate upon the Same to the best of our knowledge and belief. So help us God. (Signed). T. M. Wafer, T. B. Wafer, W. B. Nicholson, S. P. Day, Jos T. Boring. Sworn to and subscribed before me on this 2d day of Jany A. D. 1854 (Signed) J. H. Cunningham Recorder.

State of Louisiana, Parish of Claiborne, Be it known this on the 2d day of January A. D. 1854, in persuance of a Commission and authority to me diricted[sic] from the Clerk of the Distric tCourt in and for the parish of Claiborne in the seventeenth Judicial District of the State of Louisiana before me J. H. Cunningham Parish Recorder and Ex officio Notary public for said parish of Claiborne in presence of the subscribing witnesses was held as family meeting of the relations and one friend to wit Saunders P. Day of Thomas J. Wafer, and Sarah A. J. Wafer minor children of Mabery Wafer decd the said family was convoked on the petition of James T. Wafer Jun. tutor of said minors and assembled for the purpose of deliberating upon the interest of said minors and for the purpose of arriving[illegible] whether it would be for the interest of said minors to sell their interest in the following land to wit. The south west quarter of Section No one (1) township fourteen (14) Range Eleven (11) containing one hundred and forty one acres and 40/100 and lots one and two of fractional Section of No one township fourteen (14) Range (11) Eleven containing Eighty four (84) acres and 40/100, and the said family meeting was composed of the following persons to wit, T. M. Wafer, J. B. Wafer, W. B. Nicholson, Joseph T. Boring all relations of said minors and Saunders P. Day a friend of said minors, all of whom being sworn according to law proceeded to deliberate upon the subject matter for which they assembled and after due deliberation had thereon were of opinion and advised that it would be for the interest and advantage of said minors for the land described aforisaid[sic] to be sold to the highest bidder for Cash. And there being no other [illegible] before said family meeting. It was [illegible] on the day and date first written in presence of me the said Recorder and Ex officio Notary public on the day and date first above written (Signed) T. M. Wafer, T. B. Wafer, W. B. Nicholson, S. P. Day, Joseph. T. Boring, J. M. Cunningham Recorder. Attest E. J. C. Jones. Wm [illegible] Curtis, I approve of the above and foregoing proceedings (Signed) Jas. T. Wafer for [illegible]. State of Louisiana Parish of Claiborne. I certify the above and foregoing to be a true correct copy of the original on record in my office this 2d day of January 1854 (Signed) J. H. Cunningham Recorder.

To the Hon. Judge of the 17th Judicial District Court holding sessions[illegible] in and for the parish of Claiborne and[illegible] to the Clerk of said Court. The petition of James T. Wafer Junior a resident of said parish and state with respect represents unto your Honor that he caused a family meeting to be convoked composed of the following persons to wit, Thomas B. Wafer, Tatum M. Wafer, Washington Nicholson, Joseph T. Boring and Saunders P. Day to deliberate concerning the propriety of selling the interest of Thomas J. Wafer and Sarah A. J. Wafer minor children of Mabery Wafer deceased in and to the following described lands, to wit, the south west quarter of section no one (1) township fourteen (14) Range Eleven (11) containing one hundred and forty one acres and 40/100 and also lots one and two of fractional sections of no one (1) township (14) Range (11) Eleven containing Eighty four acres and 40/100 all situated in the parish of Bossier on Red River, and your petitioner further represents that said family meeting composed of the persons aforesaid has been duly convoked and held according to law as will appear from the Copy of the process verbal hereto annuled[illegible] and made a part of this petition before James H. Cunningham Recorder in and for said parish and state and your petitioner further represents that said family meeting after deliberating have come to the conclusion that it is to the interest of the minors aforesaid that their interest which is two sixths in and to the aforedescribed[sic] land be sold to the highest bidder for Cash as will appear from the process Verbal aforesaid. Wherefore your petitioner prays that said process verbal containing the deliberation of the family meeting aforesaid be received and [illegible], and that after due proceedings has an order of your Honorable Court be granted authorising[sic] the sale of the land aforesaid for Cash, and that a Commission issue to some proper officer in the parish of Bossier to make the sale of interest of said minors which is two sixths in on to said land, and for all necessary orders and notices in the premises and as in duty bound and for general relief. (Signed) Egan and Jones attys for petitioner.

State of Louisiana Parish of Claiborne. By reason of the law and the Evidence and by the further reason of the prayer of the within petition and the advice of the family meeting convoked and held to deliberate concerning the interests of Thomas J. Wafer and Sarah A. J. Wafer minor children of Mabry Wafer deceased and particularly Whether it was to their interest is concerned shall[illegible] be sold at public auction for Cash. It is ordered that the deliberations of the family meeting as appears from the process veral hereto annexed be received and [illegible], and it is further ordered that the interest of the aforesaid minors which is two undivided sixths in and to the following described land referred to above, to wit. The fourth south west quarter of Section No (1) one, Township (14) fourteen, Range (11) Eleven containing one hundred and forty one acres and 40/100 and also lots one and two of fractional Section of no (1) one Township fourteen (14) Range (11) Eleven containing Eighty four acres and 40/100 be sold to the highest bidder for Cash provided it brings its appraised value, due and legal notice having been first given and that a Commission issued[illegible] to the Sheriff of the Parish of Bossier autherising[sic] and requiring him to sell said land as aforesaid. This done and signed by me officially at Homer this 3d day of Jany 1854 (Signed) W. C. Copes Clk Dist Court. I certify the foregoing to be a true Record.

State of Louisiana, Parish of Claiborne. To the Hon. Judge of the 17th Judicial District Court holding sessions in and for the parish of Claiborne, your petitioner James T. Wafer a resident of the parish and state above written would with respect respect[sic] aforesent unto your Honor that Sarah Ann and Thomas P. M. Wafer are minors, that their father Mabery Wafer late of the parish of Claiborne is dead and letter of Admn have been taken out on his Succession that they as well as your petitioner are the legitimate issue of the said Mabry Wafer and his wife. Your petitioner who is the brother of the said minors would represent that their[sic] is property belonging to them in the Succession of Mabry Wafer decd and they have no tutor to receive it, Wherefore petitioner prays that he be appointed tutor of Sarah Anna and Thomas P. M. Wafer and that all the necessary orders and notices be granted and issued as required by law and for general relief as in duty bound. Petitioner further prays that a family meeting be convoked for the purpose of deliberating on the propriety of his appointment to be composed of James T. Wafer, Tatum M. Wafer and Thomas B. Wafer, nearest resident relatives of the minors in the parish and Joseph T. Boring and M. M. H. Warker[illegible], George W. Price, James A. William[illegible] friends of said minors or any five of them the petitioner would still futher suggest the appointment of Jas T. Wafer Sr as tutor and prays that Commissioner issue to James C. Egan or some other Notary of the parish to hold said meeting (Signed) W. B. and J. C. Egan attys. di44 to be continued





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